"Keeping a bawdy house" is, in itself, a substantial offence ; so is "keeping a house for the resort of prostitutes." Held, nevertheless, that there was but one offence charged and that the commitment was good: R. v. Mackenzie, 2 Man. L. R. 168.

See R. v. Rice, 10 Cox, 155, L. R. 1 C. C. R. 21, Warb. Lead. Cas. 101; R. v. Bassett, 10 Ont. P. R. 386; Pointon v. Hill, 12 Q. B. D. 306: R. v. Daly, 24 L. C. J. 157; R. v. Newton 11 Ont. P. R. 101; R. v. Organ, 11 Ont. P. R. 497; Smith v. R., M. L. R. 4 Q. B. 325.

See s. 576, p. 644, post, as to search warrant.

TITLE V.

OFFENCES AGAINST THE PERSON AND REPUTATION.

PART XVI.

DUTIES TENDING TO THE PRESERVATION OF LIFE.

DUTIES-DEFINITION.

209. Every one who has charge of any other person unable, by reason either of detention, age, sickness, insanity or any other cause to withdraw himself from such charge, and unable to provide himself with the necessaries of life, is, whether such charge is undertaken by him under any contract, or is imposed upon him by law, or by reason of his unlawful act, under a legal duty to supply that person with the necessaries of life, and is criminally responsible for omitting, without lawful excuse, to perform such duty if the death of such person is caused, or if his life is endangered, or his health has been or is likely to be permanently injured, by such omission.

See section 215, post: R. v. Friend, R. & R. 20; R. v. Shepherd, L. & C. 147; R. v. Smith, L. & C. 607; R. v. Marriott, 8 C. & P. 425; R. v. Ryland, L. R. 1 C. C. R. 99; R. v. Morby, Warb. Lead. Cas. 115.

DUTY OF PARENT OR GUARDIAN, ETC.

PUNISHMENT, ETC.

210. Every one who as parent, guardian, or head of a family is under a legal duty to provide necessaries for any child under the age of sixteen years is criminally responsible for omitting, without lawful excuse, to do so while such child remains a member of his or her household, whether such child is helpless or not, if the death of such child is caused, or if his life is endangered or his health is or is likely to be permanently injured, by such omission.

2. Every one who is under a legal duty to provide necessaries for his wife, is criminally responsible for omitting, without lawful excuse, so to do, if the death of his wife is caused, or if her life is endangered, or her health is or is likely to be permanently injured by such omission.

See section 215, post.

211. Every one who, as master or mistress, has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years is under a legal duty to provide the same, and is criminally responsible for omitting, without lawful excuse, to perform such duty, if the

death of such servant or apprentice is caused, or if his life is endangered, or his health has been or is likely to be permanently injured by such omission. See section 215, post.

212. Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill and care in doing any such act, and is criminally responsible for omitting, without lawful excuse, to discharge that duty if death is caused by such omission.

213. Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes or maintains anything whatever which, in the absence of precaution or care, may endanger human life, is under a legal duty to take reasonable precautions against, and use reasonable care to avoid, such danger, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform such duty.

OMISSIONS DANGEROUS TO Life.

214. Every one who undertakes to do any act, the omission to do which is or may be dangerous to life, is under a legal duty to do that act, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform that duty.

PUNISHMENT.

215. Every one is guilty of an indictable offence and liable to three years' imprisonment who, being bound to perform any duty specified in sections two hundred and nine, two hundred and ten and two hundred and eleven without lawful excuse neglects or refuses to do so, unless the offence amounts to culpable homicide. (Amendment of 1893),

R. S. C. c. 162, s. 19, 24-25 V. c. 100, s. 26 and 31-32 V. c. 122, s. 37, (Imp.). See Williams v. E. I. Co., 3 East, 192; R. v. Nicholls, 13 Cox, 75; R. v. Pelham, 8 Q. B. 959.

Fine in addition to or in lieu of punishment, section 958. Sections 210 & 211, which replace section 19 of chapter 162, R. S. C., introduce changes in this part of the statutory law.

1. In section 210 the words or "head of a family" are added to the words "parent or guardian." 2. The word "necessaries" in section 210, relating to parent and child and husband and wife, is substituted to the words "necessary food, clothing or lodging," whilst the words "necessary food, clothing or lodging" are retained in section 211, relating to master and servant or apprentice. 3. The words "while such child remains a member of his or her

household, whether such child is helpless or not," in section 210, are new. 4. In both sections the words "under the age of sixteen years" are new. 5. In section 211 the words "has contracted to provide" are substituted to the words "being legally liable."

These three clauses, 209, 210 & 211, are taken, word for word, from the draft of the Imperial Code, with the exception of sub-section 2 of section 210, which is an addition. The Commissioners say in their report, as to these clauses:

"We believe that this part of the draft code will be found to state in a clear and compendious form the unwritten law upon the subject to which it relates. Section 161, (211 ante) is a re-enactment of 24-25 V. c. 100, s. 26, which was itself a re-enactment of 14-15 V. c. 11. That statute was passed in the excitement consequent on the case of R. v. Sloane, Annual Register, vol. 92, p. 144, and was framed so as to embrace all cases where there was a contract to supply a servant of whatever age with food, clothing and lodging. It has been thought better to limit it to servants and apprentices under the age of sixteen, but it is right to point out that it is not the existing law. Section 160, (210 ante) puts the head of the family under the same criminal responsibility towards members of his household under the age of sixteen as a master is to a servant of the same age."

The difference in these two sections, 210 and 211,. between necessaries and necessary food, clothing or lodging, is a right one. A parent is obliged to supply his child, or a husband his wife, with all the necessaries of life, which would include medical attendance (209 & 210 combined) (see R. v. Downes, 1 Q. B. D. 25), whilst a masteris only obliged to provide his servant or apprentice with the necessary food, clothing or lodging which he has. contracted to so provide.

The only change of importance in the two sections is contained in the words "under sixteen years of age," which require no explanation. The provision of the repealed

CRIM. LAW-10

section 19 of chapter 162, R. S. C., as to any bodily harm by a master to his apprentice or servant, now forms a separate section, section 217, post.

Indictment under sections 209-215 against a gaoler for not providing a prisoner with the necessaries of life.

on

and on divers other days before and after, was the keeper of the common gaol for the District of then and there situate, and as such had charge of all the prisoners therein confined; and was under a legal duty to provide all said prisoners with the necessaries of life; that one C. D. was then and there a prisoner detained in the said gaol and as such under the charge of the said A. B.; that the said C. D. was, by reason of his said detention, unable to withdraw himself from such charge and unable to provide himself with the necessaries of life; that the said A. B. was then and there under a legal duty to provide the said C. D. with the necessaries of life, but that the said A. B. not regarding his duty on that behalf, then and there unlawfully did refuse, omit and neglect, without lawful excuse, to provide the said C. D. with the necessaries of life, by means whereof the life of the said C. D. was and is endangered and his health was and is permanently injured (or is likely to be permanently injured.)

Indictment under sections 210-215, against a father, for not providing necessaries to his child

A. B., the father of one C. D., at

that

on

and on divers other days, after and before that day, unlawfully did refuse, neglect and omit, without lawful excuse, to provide for and find the said C. D., his child, with sufficient food, clothing and lodging, and other necessaries of life, the said C. D. being then and there a member of the household of his father, the said A. B., and being, then and there, under the age of sixteen years, and the said A. B. being then and there by law in duty bound to provide food, clothing and other necessaries of life for the said