to murder any other person, whether the person intended to be murdered is a subject of Her Majesty or not, or is within the Queen's dominions or not; or

(c.) solicits, encourages, persuades, endeavors to persuade or proposes to any person to murder any other person, whether the person whose murder is solicited, encouraged or attempted to be procured is a subject of Her Majesty or not, or within the Queen's dominions or not,

['And whether the solicitation, encouragement, persuasion, or endeavor to persuade, is addressed to any specific person or not, or relates to the murder of any specific person or not.]

2 ARTICLE 292.

3 CONCEALING THE BIRTH OF CHILDREN.

Every person is guilty of a misdemeanor and liable to two years' imprisonment who, by any secret disposition of the dead body of any child of which any woman is delivered, endeavors to conceal the birth thereof, whether such child died before or after the birth thereof.

5

[The expression "delivered of a child" does not include delivery of a fœtus which has not reached the period at which it might have been born alive.

"The words "secret disposition of the body" include cases in which the body is placed in a situation where it

1[R. v. Most L. R. 7 Q. B. D. 244.]

2S. D. Art. 235.

3 [3 Hist. Cr. Law, 118. Draft Code, ss. 185-7.]

4R. S. C. c. 162, s. 49; 24 & 25 Vict. c. 100, s. 60. A placed the dead body of a child of which she had been delivered between a trunk and the wall of a room in which she lived alone. Being charged with having had a child she at first denied it, but being pressed she pointed out where the body was. Held, that she might be convicted of concealing the birth of the child; R. v. Piché, 30 U. C. C. P. 409.

5 [R. v. Berriman, 6 Cox, C. C. 388.

R. v. Brown, L. R. 1 C. C.R. 244. The Act seems to be defective in punishing only the secret disposition of the body, and not the disposing of the body in such a way as to conceal the fact that it was born of its mother. If a woman were to leave a child's body by night in the middle of a street, or to drop it by day in a crowd of people, there would be an effectual concealment of the birth, but would there be a "secret disposition" of]

[is not likely to be found except by accident, or upon search, although the body is in no way concealed from any one who happens to go to that place.]

[the body? Under the old Act, 9 Geo. 4 c. 31, s. 14, it was held that a temporary concealment of the body with intent to remove it afterwards to some other place was within the words "secret burying or otherwise disposing": R. v. Perry, Dear. 471. This would seem to be so à fortiori under the present law.]

CHAPTER XXVI.

BODILY INJURIES, AND ACTS AND OMISSIONS CAUSING DANGER TO THE PERSON.

2 EVERY one is guilty of felony, and liable to imprisonment for life, who

3

with intent to maim, disfigure or disable any person, or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person,

4

unlawfully and maliciously, by any means whatsoever, wounds or causes any grievous bodily harm to any person, or shoots at any person, or, by drawing a trigger," or in any other manner, attempts to discharge any kind of loaded arms at any person.

8

7 ARTICLE 294.

WOUNDING.

Every one is guilty of a misdemeanor, and liable to

18. D. Art. 236 (a).

2 R. S. C. c. 162, s. 13; 24 & 25 Vict. c. 100, s. 18.

3 The intent may be inferred from the act; R. v. Le Dante, 2 G. & O. 401.

[To wound means to divide the surface of the body whether it be an internal or external surface, e.g. the inside of the mouth; R. v. Leonard Smith, 8 C. & P. 173; and see other cases in 1 Russ. Cr. 921.

5 But not by attempting to draw a trigger; R. v. St. George, 9 C. & P. 483. See however R. v. Brown, L. R. 10 Q. B. D. 381.]

• See Art. 289, note (7), for definition of loaded arms.

7 S. D. Art. 239 (a).

8 R. S. C. c. 162, s. 14; 24 & 25 Vict. c. 100, s. 20. ["Maliciously" in this section covers all cases in which a person wilfully and without lawful excuse does that which he knows to be likely to injure another; R. v. Martin, L. R. 8 Q. B. D. 54. It applies to cases in which a man strikes at one person maliciously and wounds another accidentally; R. v.]

three years' imprisonment, who unlawfully and maliciously wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument.

ARTICLE 295.

SHOOTING AT HER MAJESTY'S VESSELS-WOUNDING CUSTOMS OR INLAND REVENUE OFFICERS.

Every one is guilty of felony and liable in cases (a) and (b) to imprisonment for life," and in case (c) to imprisonment for any term not exceeding five years and not less than six months who wilfully or maliciously

4

3

(a.) shoots at any vessel belonging to Her Majesty or in the service of Canada; or

4

(b.) maims or wounds any officer of the Army, Navy, Marine, or Customs, or any person acting in aid or assistance of such officer while duly employed for the prevention of smuggling and in execution of his duty; or

(c.) shoots at, maims or wounds any officer of the Inland Revenue, or any person acting in his aid or assistance while employed for the prevention of illicit distillation, brewing, malting, or manufacturing, and in execution of his duty, or the protection or care of any article or place seized for any violation or supposed violation of The Inland Revenue Act.

[Latimer, L. R. 17 Q. B. D. 359; R. v. Hunt, 1 Moody C. C. 93.] A husband, who, knowing that he is suffering from gonorrhoea, has connection with his wife, who is ignorant of the fact, and who would not have submitted to the intercourse if she had been aware of his condition, does not commit an offence under either s. 20 or s. 47 of 24 & 25 Vict. c. 100; R. v. Clarence, L. R. 22 Q. B. D. 23.

1 S. D. Art. 236 (b), (c).

2 Art. 17.

* "Unless a greater penalty is otherwise provided by law."

4R. S. C. o. 32, s. 213; 39 & 40 Vict. c. 36, s. 193.

5 R. S. C. c. 34, s. 99.

1 ARTICLE 296.

DISABLING OR ADMINISTERING DRUGS WITH INTENT TO COMMIT AN INDICTABLE OFFENCE.

2

Every one is guilty of felony and liable to imprisonment for life and to be whipped, who, with intent thereby to enable himself or any other person to commit, or with intent thereby to assist any other person in committing any indictable offence,

(a.) by any means whatsover, attempts to choke, suffocate or strangle any other person, or by any means. calculated to choke, suffocate or strangle, attempts to render any other person insensible, unconscious or incapable of resistance; or

(b.) unlawfully applies or administers to, or causes to be taken by, or attempts to apply or administer to, or attempts or causes to be administered to or taken by, any person, any chloroform, laudanum or other stupefying or overpowering drug, matter or thing.

3 ARTICLE 297.

ADMINISTERING POISON SO AS TO ENDANGER LIFE.

Every one is guilty of felony, and liable to ten years' imprisonment, who unlawfully and maliciously administers to, or causes to be administered to or taken by, any other person, any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm.

1 S. D. Art. 236 (d).

2 R. S. C. c. 162, ss. 15, 16: 24 & 25 Vict. c. 100, ss. 21, 22.

3 S. D. Art. 238.

R. S. C. c. 162, s. 17; 24 & 25 Vict. c. 100, s. 23.