Criminal Code. 219. ANY person who buys or takes on lease any land, or any Dealing with land estate in any land, from any person who has acquired the land or the fraudulently estate by means of any fraudulent evasion of the laws relating to acquired from the the sale or leasing of Crown lands, knowing that the seller or lessor has so acquired the same, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for one year. And all his estate in the land is forfeited to His Majesty. PART V.-OFFENCES AGAINST THE PERSON AND CHAPTER XXVI.-ASSAULTS AND VIOLENCE TO THE PERSON Crown. Definition of 220. A PERSON who strikes, touches, or moves, or otherwise applies force of any kind to the person of another, either directly or assault. indirectly, without his consent, or with his consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault. The term "applies force " includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort. 221. AN assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law. The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person. Assaults unlawful. Execution of 222. IT is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a Court to sentence. execute or give effect to that sentence. cess. 223. IT is lawful for a person who is charged by law with the Execution of produty of executing the lawful process of a Court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process. 224. Execution of warrants. Erroneous sentence rant. Criminal Code. 224. IT is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any Court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant. 225. IF the sentence was passed, or the process was issued, by or process or war- a Court having jurisdiction under any circumstances to pass such a sentence, or to issue such process, or if the warrant was issued by a Court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the Court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case; unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority. 226. A PERSON who executes or assists in executing any sentence, process, or warrant which purports to be passed or issued by a Court, justice, or other person, and who would be justified, under the provisions of the four last preceding sections, in executing the same if it had been passed or issued by a Court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the Court, justice, or person had no authority to pass the sentence or issue the process or warrant, if in such execution he acted in good faith and in the belief that the sentence, process, or warrant was that of a Court, justice, or other person having such authority. 227. A PERSON who, being duly authorised to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant. Any person who lawfully assists in making such an arrest, believing that the person arrested is the person named in the warrant, or who, being required by the warrant to receive and detain the person named in it, receives and detains the person so arrested, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant. 228. WHEN any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible Criminal Code. sible for anything done in such execution to any greater extent than if the process or warrant were good in law. 229. IT is lawful for a person who is engaged in the lawful Force used in exeexecution of any sentence, process, or warrant, or in making any cuting process or in arrest, and for any person lawfully assisting him, to use such force arrest. as may be reasonably necessary to overcome any force used in resisting such execution or arrest. 230. IT is the duty of a person executing any process or warrant to have it with him, and to produce it if required. It is the duty of a person arresting another, whether with or without warrant, to give notice, if practicable, of the process or warrant under which he is acting or of the cause of the arrest. A failure to fulfil either of the aforesaid duties does not of itself make the execution of the process or warrant or the arrest unlawful, but is relevant to the inquiry whether the process or warrant might not have been executed or the arrest made by reasonable means in a less forcible manner. 231. WHEN a police officer is proceeding lawfully to arrest, with or without warrant, a person for an offence which is such that the offender may be arrested without warrant, and the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the police officer, and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested. But this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm, except in a case where the person sought to be arrested is reasonably suspected of having committed an offence punishable with death or imprisonment for life under this Code, nor until the person sought to be arrested has been called upon to surrender. Duty of persons arresting. Police officer preventing escape from arrest. 232. WHEN a person who is not a police officer is proceed- Other cases of preing lawfully to arrest, without warrant, another person for an venting escape offence which is such that the offender may be arrested without from arrest. warrant, and when any person is proceeding lawfully to arrest another person for any cause other than such an offence, and, in either case, the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the person seeking to arrest him to use such force as may be reasonably necessary to prevent his escape. But this section does not authorise the use of force which is intended or is likely to cause death or grievous bodily harm. 233 . Preventing escape or rescue after arrest. Examination of person of accused Criminal Code. , 233. WHEN any person has lawfully arrested another person for any offence, it is lawful for him to use such force as he believes, on reasonable grounds, to be necessary to prevent the escape or rescue of the person arrested. But, if the offence is not a crime which is such that the offender may be arrested without warrant, this section does not authorise the use of force which is intended or is likely to cause death or. grievous bodily harm. 234. WHEN a person is in lawful custody upon a charge of committing any offence, it is lawful for a police officer to search persons in custody. his person, and to take from him anything found upon his person, and to use such force as is reasonably necessary for that purpose. Preventing a breach of the peace. Suppression of riot. When a person is in lawful custody upon a charge of committing any offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence, it is lawful for a legally qualified medical practitioner, acting at the request of a police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person of the person so in custody as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. 235. IT is lawful for any person who witnesses a breach of the peace to interfere to prevent the continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give him into the custody of a police officer. It is lawful for a police officer who witnesses a breach of the peace, and for any person lawfully assisting him, to arrest any person whom he finds committing it, or whom he believes, on reasonable grounds, to be about to join in or renew the breach of the peace. It is lawful for a police officer to receive into custody and detain in custody any person given into his charge as having been a party to a breach of the peace by a person whom the police officer believes, on reasonable grounds, to have witnessed the breach of the peace. 236. IT is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from its continuance. 237. Criminal Code. police officers. 237. IT is lawful for a justice to use or order to be used, and Suppression of riot for a police officer to use, such force as he believes, on reasonable by magistrates and grounds, to be necessary in order to suppress a riot, and as is reasonably proportioned to the danger which he believes, on reasonable grounds, is to be apprehended from its continuance. under lawful orders. 238. IT is lawful for any person acting in good faith in Suppression of riot obedience to orders, not manifestly unlawful, given by a justice for by person acting the suppression of a riot, to use such force as he believes, on reasonable grounds, to be necessary for carrying such orders into effect. Whether any particular order so given is or is not manifestly unlawful is a question of law. 239. WHEN any person, whether subject to military law or not, believes, on reasonable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of a justice, it is lawful for him to use such force as he believes, on reasonable grounds, to be necessary for the suppression of the riot, and as is reasonably proportioned to the danger which he believes, on reasonable grounds, is to be apprehended from its continuance. Suppression of riot by person acting case of emergency. without order in 240. IT is lawful for a person who is bound by military law Riot: Persons subto obey the lawful commands of his superior officer to obey any ject to military law. command given him by his superior officer in order to the suppression of a riot, unless the command is manifestly unlawful. Whether any particular command is or is not manifestly unlawful is a question of law. for which an offen Prevention of vio 241. IT is lawful for any person to use such force as is reason- Prevention of ably necessary in order to prevent the commission of an offence crimes and offences which is such that the offender may be arrested without warrant; der may be arrested or in order to prevent any act from being done as to which he without warrant: believes, on reasonable grounds, that it would, if done, amount to any such offence; or in order to prevent a person whom he believes, on reasonable grounds, to be of unsound mind from doing violence to any person or property. lence by persons of unsound mind. 242. IT is lawful for any person who is in peaceable possession Defence of dwellof a dwelling-house, and for any person lawfully assisting him or ing-house. acting by his authority, to use such force as he believes, on reasonable grounds, to be necessary in order to prevent the forcible breaking and entering of the dwelling-house, either by night or day, by any person whom he believes, on reasonable grounds, to be attempting to break and enter the dwelling-house with intent to commit any indictable offence therein. 243. THE term "provocation" used with reference to an Provocation. offence of which an assault is an element, means and includes, except |