2. Every conductor, master or superior officer in charge of, and every clerk or employee when authorized by the conductor or superior officer in charge of, any railway train or steamboat, station or landing place in or at which any such offence, as aforesaid, is committed or attempted, must, with or without warrant, arrest any person whom he has good reason to believe to have committed or attempted to commit the same, and take him before a justice of the peace, and make complaint of such offence on oath, in writing.

3. Every conductor, master or superior officer in charge of any such railway car or steamboat, who makes default in the discharge of any such duty is liable, on summary conviction, to a penalty not exceeding one hundred dollars and not less than twenty dollars.

4. Every company or person who owns or works any such railway car or steamboat must keep a copy of this section posted up in some conspicuous part of such railway car or steamboat.

5. Every company or person who makes default in the discharge of such duty is liable to a penalty not exceeding one hundred dollars and not less than twenty dollars. R. S. C. c. 160, ss. 1, 3, 6. (Amended).

Fine, section 958.

BETTING AND POOL-SELLING.

204. Every one is guilty of an indictable offence, and liable to one year's imprisonment, and to a fine not exceeding one thousand dollars, who

(a) Uses or knowingly allows any part of any premises under his control to be used for the purpose of recording or registering any bet or wager, or selling any pool; or

(b) Keeps, exhibits, or employs, or knowingly allows to be kept, exhibited or employed, in any part of any premises under his control, any device or apparatus for the purpose of recording any bet or wager, or selling any pool;

or

(c) Becomes the custodian or depositary of any money, property or valu able thing staked, wagered or pledged; or

(d) Records or registers any bet or wager, or sells any pool, upon the result

(i) Of any political or municipal election ;

(ii) of any race;

(iii) Of any contest or trial of skill or endurance of man or beast. 2. The provisions of this section shall not extend to any person by reason of his becoming the custodian or depositary of any money, property or valuable thing staked, to be paid to the winner of any lawful race, sport, game, or exercise, or to the owner of any horse engaged in any lawful race, or to bets between individuals or made on the race course of an incorporated association during the actual progress of a rice meeting. R. S. C. c. 159, s. 9.

The words in italics are new.

summary

Section 783, post, as to

trial of offences under this section: see Fulton v. James, 5 U. C. C. P. 182; R. v. Dillon, 10 Ont. P. R. 352; R. v. Smiley, 22 O. R. 686.

LOTTERIES.

205. Every one is guilty of an indictable offence and liable to two years” imprisonment and to a fine not exceeding two thousand dollars, who—

(a) Makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property, by løts, cards, tickets, or any mode of chance whatsoever; or

(b) Sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatsoever.

2. Every one is guilty of an offence and liable on summary conviction to a penalty of twenty dollars, who buys, takes or receives any such lot, ticket or other device as aforesaid.

3. Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending upon or to be determined by chance or lot, is void, and all such property so sold, lent, given, bartered or exchanged, is liable to be forfeited to any person who sues for the same by action or information in any court of competent jurisdiction.

4. No such forfeiture shall affect any right or title to such property acquired by any bona fide purchaser for valuable consideration, without notice.

5. This section includes the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share in any such lottery, or the advertisement for sale of such ticket, chance or share. 6. This section does not apply to

(a) The division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests (droits indivis) in any such property; or

(b) Raffles for prizes of small value at any bazaar held for any charitable object, if permission to hold the same has been obtained from the city or other municipal council, or from the Mayor, reeve or other chief officer of the city, town or other municipality, wherein such bazaar is held and the articles raffled for thereat have first been offered for sale and none of them are of a value exceeding fifty dollars; or

(c) Any distribution by lot among the members or ticket holders of any incorporated society established for the encouragement of art, of any paintings, drawings or other work of art produced by the labour of the members of, or published by or under the direction of, such incorporated society. (d) The Credit Foncier du Bas-Canada or to the Credit Foncier FrancoCanadien. R. S. C. c. 159.

Property" defined, section 3. The words in italics are new. By the repealed statute the penalty was only twenty dollars punishable on summary conviction: see s. 575, as to

search warrants: R. v. Dodds, 4 O. R. 390; Cronyn v. Widder, 16 U. C. Q. B. 356; R. v. Jamieson, 7 O. R. 149; Power v. Caniff, 18 U. C. Q. B. 403; La Société St. Louis v. Villeneuve, 21 L. C. J. 309; R. v. Crawshaw, Bell, 303.

MISCONDUCT IN RESPECT OF DEAD BODIES. (New).

206. Every one is guilty of an indictable offence and liable to five years' imprisonment who

(a) Without lawful excuse, neglects to perform any duty either imposed upon him by law or undertaken by him with reference to the burial of any dead human body or human remains; or

(b) Improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not.

A common law offence. Fine, section 958. To dig up a dead body and sell it for purposes of dissection is an offence R. v. Lynn, 1 Leach, 497. See R. v. Price, 12

:

Q. B. D. 247; R. v. Stephenson, 13 Q. B. D. 331, 15. Cox, 679, Warb. Lead. Cas. 97; R. v. Sharpe, Dears. & B. 160; R. v. Feist, Dears. & B. 590.

Indictment

that A. B. on the in the year of our Lord

day

of the churchyard of and belonging to the parish church of the parish of unlawfully and

in the said county of wilfully did break and enter, and the grave there in which the body of one C. D., deceased, had lately before then been interred, and there was, unlawfully, wilfully and indecently did dig open, and the body of him the said C. D. out of the grave aforesaid, unlawfully, wilfully and indecently did then take and carry away; 2nd count

(after "open"), and indecently interfered with the said dead human body; 3rd count, charging "improperly" instead of "indecently."

PART XV.

VAGRANCY.

207. Every one is a loose, idle or disorderly person or vagrant who(a) Not having any visible means of maintaining himself lives without employment;

(b) Being able to work and thereby or by other means to maintain himself and family wilfully refuses or neglects to do so;

(c) Openly exposes or exhibits in any street, road, highway or public place any indecent exhibition. (Amended).

(d) Without a certificate signed, within six months, by a priest, clergyman or minister of the Gospel, or two justices of the peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wanders about and begs, or goes about from door to door, or places himself or herself in any street, highway, passage or public place to beg or receive alms;

(e) Loiters on any street, road, highway or public place, and obstructs passengers by standing across the footpath, or by using insulting language, or in any other way;

(Causes a disturbance in or near any street, road, highway or public place, by screaming, swearing or singing, or by being drunk, or by impeding or incommoding peaceable passengers;

(9) By discharging firearms, or by riotous or disorderly conduct in any street or highway, wantonly disturbs the peace and quiet of the inmates of any dwelling-house near such street or highway;

(h) Tears down or defaces signs, breaks windows, or doors or door plates, or the walls of houses, roads or gardens, or destroys fences;

(i) Being a common prostitute or night walker, wanders in the fields, public streets or highways, lanes or places of public meeting or gathering of people, and does not give a satisfactory account of herself;

(j) Is a keeper or inmate of a disorderly house, bawdy-house or house of ill-fame, or house for the resort of prostitutes;

(k) Is in the habit of frequenting such houses and does not give a satis factory account of himself or herself; or

(2) Having no peaceable profession or calling to maintain himself by, for the most part supports himself by gaming or crime, or by the avails of prostitution. R. S. C. c. 157, s. 8.

208. Every loose, idle or disorderly person or vagrant is liable, on summary conviction before two justices of the peace, to a fine not exceeding fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding six months, or to both. R. S. C. c. 157, s. 8.

The following section of c. 157, R. S. C. is unrepealed by section 983 and appendix, though repealed by schedule 2.

(4) If provision is made therefor by the laws of the province in which the conviction takes place, any such loose, idle or disorderly person may, instead of being committed to the common gaol or other public prison, be committed to any house of industry or correction, alms house, work house or reformatory prison.

on

A conviction under 32 & 33 V. c. 28, (D.) for that V. L. was a common prostitute, wandering in the public streets of the city of Ottawa, and not giving a satisfactory account of herself contrary to this statute: Held, bad, for not shewing sufficiently that she was asked, before or at the time of being taken, to give an account of herself and did not do so satisfactorily: R. v. Levecque, 30 U.C. Q. B. 509. See R. v. Arscott, 9 O. R. 541, and Arscott & Lilly, There may be a joint conviction against husband and wife for keeping a house of ill-fame: R. v. Warren, 16 O. R. 590; R. v. Williams, 1 Salk. 383.

11 0. R. 153; R. v. Remon, 16 O. R. 560.

Held, that under the Vagrant Act it is not sufficient to allege that the accused was drunk on a public street, without alleging further that he caused a disturbance in such street by being drunk: Ex parte Despatie, 9 L. N. 387.

It is unlawful for men to bathe, without any screen or covering, so near to a public footway frequented by females that exposure of their persons must necessarily occur, and they who so bathe are liable to an indictment for indecency : R. v. Reed, 12 Cox, 1.

To keep a booth on a race course for the purpose of an indecent exhibition is a crime: R. v. Saunders, 13 Cox, 116.

A conviction under 32 & 33 V. c. 28, for keeping a house of ill-fame, imposed payment of a fine and costs to be collected by distress, and in default of distress ordered imprisonment. Held, good: R. v. Walker, 7 O. R. 186.

The charge again a prisoner, who was brought up on a writ of habeas corpus, was " for keeping a bawdy house for the resort of prostitutes in the City of Winnipeg."