INDICTMENT FOR TAKING AN UNLAWFUL OATH. Commence as ante]-did unlawfully take a certain oath and engagement, purporting [&c., as in the last precedent]: he, the said C. D., not being then compelled to take the said oath and engagement. COMPULSION. (New). 122. Any one who, under such compulsion as would otherwise excuse him, offends against either of the last two preceding sections shall not be excused thereby unless, within the period hereinafter mentioned, he declares the same and what he knows touching the same, and the persons by whom and in whose presence, and when and where, such oath or obligation or engagement was administered or taken, by information on oath before one of Her Majesty's justices of the peace for the district or city or county in which such oath or engagement was administered or taken. Such declaration may be made by him within fourteen days after the taking of the oath or, if he is hindered from making it by actual force or sickness, then within eight days of the cessation of such hindrance, or on his trial if it happens before the expiration of either of those periods. C. S. L. C. c. 10, s. 2. 52 Geo. III. c. 104; 37 Geo. III. c. 123, (Imp.). SEDITIOUS OFFENCES DEFINED. (New). 123. No one shall be deemed to have a seditious intention only because he intends in good faith (a) To show that Her Majesty has been misled or mistaken in her mea sures; or (b) To point out errors or defects in the government or constitution of the United Kingdom, or of any part of it, or of Canada or any province thereof, or in either House of Parliament of the United Kingdom or of Canada, or in any legislature, or in the administration of justice; or to excite Her Majesty's subjects to attempt to procure, by lawful means, the alteration of any matter in the state; or (c) To point out, in order to their removal, matters which are producing or have a tendency to produce feelings of hatred and ill-will between different classes of her Majesty's subjects. 2. Seditious words are words expressive of a seditious intention. 3. A seditious libel is a libel expressive of a seditious intention. 4. A seditious conspiracy is an agreement between two or more persons to carry into execution a seditious intention. "This section appears to us to state accurately the existing law. On this very delicate subject, we do not undertake to suggest any alteration of the law."-Imp. Comm. Rep. R. v. Frost, 22 St. Tr. 471; R. v. Winterbotham, 22 St. Tr. 823; R. v. Binns, 26 St. Tr. 595: O'Connell v. R., 11 Cl. & F. 155, 234; R. v. Vincent, 9 C. & P. 91; R. v. Pigott, 11 Cox, 44; R. v. Burns, 16 Cox, 355. The truth of a seditious or blasphemous libel cannot be pleaded as a defence to an indictment: R. v. Duffy, 9 Ir. L. R. 329; R. v. Bradlaugh, 15 Cox, 217; Ex parte O'Brien, 15 Cox, 180; R. v. Ramsay, 15 Cox, 231; see note under section 170, post. PUNISHMENT. (New). 124. Every one is guilty of an indictable offence and liable to two years' imprisonment who speaks any seditious words or publishes any seditious libel or is a party to any seditious conspiracy. Fine or sureties, section 958. Not triable at quarter sessions, section 540. On an indictment for a seditious libel, the words need not be set out, section 615; see note under preceding section. LIBELS ON FOREIGN SOVEREIGNS. (New). 125. Every one is guilty of an indictable offence and liable to one year's imprisonment who, without lawful justification, publishes any libel tending to degrade, revile or expose to hatred and contempt in the estimation of the people of any foreign state, any prince or person exercising sovereign authority over any such state. Not triable at quarter sessions, section 540. Words need not be set out in indictment, section 615; R. v. D'Eon, 1 W. Bl. 517; R. v. Peltier, 28 St. Tr. 529; Shirley's Lead. Cas. Cr. L. 3; R. v. Gordon, 1 Russ. 351; R. v. Bernard, Warb. Lead. Cas. 45; R. v. Most, 14 Cox, 583, 7 Q. B. D. 244, per Coleridge, C.J. Fine, in lieu of, or in addition to the punishment, section 958. The intent to disturb peace and friendship between the United Kingdom and the foreign state whose sovereign has been libelled would appear to be necessary to constitute this offence at common law: Stephen, Cr. L. 99. FALSE NEWS. (New). 126. Every one is guilty of an indictable offence and liable to one year's imprisonment who wilfully and knowingly publishes any false news or tale whereby injury or mischief is or is likely to be occasioned to any public interest. Not triable at quarter sessions, section 540. Fine and sureties for the peace, section 958. The 3 Edw. I. c. 34, and 2 Ric. II. c. 25 (now repealed by 50 & 51 V. c. 59), enact that none be so hardy to tell or publish any false news or tales, whereby discord or occasion of discord or slander, may grow between the King and his people, and the great men of the realm. In Chitty's Crim. Law, vol. 2, 527, is a form of indictment for spreading false rumours in order to enhance the price of hops. "It is said to have been resolved by all the judges that all writers of false news are indictable and punishable; and probably at this day the fabrication of news likely to produce any public detriment would be considered as criminal": Starkie on Libel, 546, 1st edition. What would constitute a "publishing" under the above section is not clear. In Chitty's form above cited, the publishing is not by writing. The 3 Edw. I. c. 34, has the words "tell or publish." A publication may be oral or written: 2 Starkie, Libel, 141. PART VIII. PIRACY. (New). 127. Every one is guilty of an indictable offence who does any act which amounts to piracy by the law of nations, and is liable to the following punish ment: (a) To death, if in committing or attempting to commit such crime the offender murders, attempts to murder or wounds any person, or does any act by which the life of any person is likely to be endangered; (b) To imprisonment for life in all other cases. "We have thought it better to leave this offence undefined, as no definition of it would be satisfactory which is not recog nized as such by other nations; and, after careful consideration of the subject, we have not been able to discover a definition fulfilling such a condition. We may observe as to this that the subject has been much discussed in the courts of the United States, and the result appears to justify the course which we have adopted."-Imp. Comm. Rep. See Stephen's, Cr. L. 104. sessions, section 540. Not triable at quarter PIRATICAL ACTS. (New). 128. Every one is guilty of an indictable offence and liable to imprisonment for life who, within Canada, does any of the following piratical acts, or who, having done any of the following piratical acts, comes or is brought within Canada without having been tried therefor:- · (a) Being a British subject, on the sea, or in any place within the jurisdiction of the Admiralty of England, under colour of any commission from any foreign prince or state, whether such prince or state is at war with Her Majesty or not, or under pretense of authority from any person whomsoever commits any act of hostility or robbery against other British subjects, or during any war is in any way adherent to or gives aid to Her Majesty's enemies; (6) Whether a British subject or not, on the sea or in any place within the jurisdiction of the Admiralty of England, enters into any British ship, and throws overboards or destroys any part of the goods belonging to such ship, or laden on board the same; (c) Being on board any British ship on the sea or in any place within the jurisdiction of the Admiralty of England— (i) Turns enemy or rebel, and piratically runs away with the ship, or any boat, ordnance, ammunition or goods; (ii) Yields them up voluntarily to any pirate; (iii) Brings any seducing message from any pirate, enemy or rebel; (iv) Counsels or procures any persons to yield up or run away with any ship, goods or merchandise, or to turn pirates or to go over to pirates; (v) Lay violent hands on the commander of any such ship in order to prevent him from fighting in defence of his ship and goods; (vi) Confines the master or commander of any such ship; (vii) Makes or endeavours to make a revolt in the ship; or (d) Being a British subject in any part of the world, or (whether a British subject or not) being in any part of Her Majesty's dominions or on board a British ship, knowingly (i) Furnishes any pirate with any ammunition or stores of any kind; or correspond with any pirate; (iii) Conspires or corresponds with any pirate. See under preceding section. PUNISHMENT. (New). 129. Every one is guilty of an indictable offence and liable to suffer death who, in committing or attempting to commit any piratical act, assaults with intent to murder, or wounds, any person, or does any act likely to endanger the life of any person. See annotation under section 127. NOT FIGHTING PIRATES. (New). 130. Every one is guilty of an indictable offence and liable to six months' imprisonment, and to forfeit to the owner of the ship all wages then due to him, who, being a master, officer or seaman of any merchant ship which carries guns and arms, does not, when attacked by any pirate, fight and endeavour to defend himself and his vessel from being taken by such pirate, or who discourages others from defending the ship, if by reason thereof the ship falls into the hands of such pirate : 8 Geo. I. c. 24, s. 6, (Imp.). Not triable at quarter sessions, section 540; fine or sureties, section 958. |