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1 ARTICLE 313.

ASSAULTS CAUSING ACTUAL BODILY HARM.

2 Every one who commits any assault which occasions actual bodily harm, is guilty of a misdemeanor, and liable to three years' imprisonment.

3 ARTICLE 314.

ASSAULTS WITH INTENT TO COMMIT INDICTABLE OFFENCES -ASSAULTS ON PEACE OFFICERS, ETC.

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Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who (a.) assaults any person with intent to commit any indictable offence; or

(b.) assaults, resists or wilfully obstructs any revenue or peace officer, or any officer seizing trees, logs, timber or other products thereof, in the due execution of his duty, or any person acting in aid of such officer; or

(c.) assaults any person with intent to resist or prevent the lawful apprehension or detainer of himself, or of any other person for any offence; or

(a.) assaults, resists or wilfully obstructs any person in

1 S. D. Art. 244.

2 R. S. C. c. 162, s. 35; 24 & 25 Vict. c. 100, s. 47. A husband who knowing that he is suffering from gonorrhoea has intercourse with his wife, who is ignorant of the fact, and who would not have consented thereto had she been aware of his condition, does not commit an assault upon her within the meaning of this Article; R. v. Clarence, L. R. 22 Q. B. D. 23.

3 S. D. Art. 245 (a) and (b).

4 The following are instances of assaults on peace officers:-R. v. Morrison, 3 R. L. 525; R. v. McDonald, 4 Allen 440; R. v. Shannon, 23 N. B. R. 12; R. v. Lantz, 19 N. S. R. 1. In Morrison's case it was held that the advocate who advised the defendant to resist the execution of the writ even by force was not liable to indictment therefor.

R. S. C. c. 162, s. 34; 24 & 25 Vict. c. 100, s. 38. See 23 Vict, (P. C.) c. 29, s, 5, as to assaults on railway constables appointed under that Act; and R. S. . c. 38. s. 56 as to assaults on constables on Government railways. As to obstructions of peace officers acting in aid of masters of vessels, see R. S. C. c. 74, s. 124 and c. 75, s. 43. As to assaults involving or for the purposes of intimidation, see Arts. 613 615. As to assaults on clergymen engaged in religious duties, see Art. 212. As to assaults with intent to rob see Art. 387.

the lawful execution of any process against any lands or goods, or in making any lawful distress or seizure, or with intent to rescue any goods taken under such process, distress or seizure.

ARTICLE 315.

CONVICTS ASSAULTING OFFICERS OF A PENITENTIARY.

Every convict confined in any penitentiary, who assaults any officer or servant employed therein, is guilty of an aggravated assault and liable to imprisonment in the said penitentiary for a term not exceeding two years.

2 ARTICLE 316.

ASSAULTING OR OBSTRUCTING OFFICERS OF THE CUSTOMS.

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Every one is guilty of felony and liable to imprisonment for life who under any pretence, either by actual assault, force or violence, or by threats of such assault, force or violence, in any way resists, opposes, molests or obstructs any officer of customs or any person acting in his aid or assistance in the discharge of his duty under the authority of any law relating to customs, trade or navigation.

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ARTICLE 317.

ASSAULTING OR OBSTRUCTING OFFICERS OF THE

INLAND REVENUE.

Every one is guilty of felony, and liable to imprisonment for any term not exceeding five years and not less than six months," who, under any pretence, either by

1 R. S. C. c. 182, s. 56; 5 & 6 Vict. c. 29, s. 21; 6 & 7 Vict c. 26, s. 19.

2 S. D. Art. 247.

3 R. S. C. c. 32, s. 213.

4 Art. 17.

5 R. S. C. c. 34, ss. 99, 98.

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

actual assault, force or violence, or by threats of such assault, force or violence, in any way resists, oppresses, molests or obstructs any officer of Inland Revenue, or any person acting in his aid or assistance, in the discharge of his or their duty under the authority of The Inland Revenue Act. Every one who obstructs, impedes or interferes with any officer of Inland Revenue, or any person assisting such officer in the discharge of his duty, is guilty of a misdemeanor, and liable to imprisonment for any term not exceeding two years and not less than six months.

1 ARTICLE 318.

ASSAULTING RECEIVERS OF WRECK.

Every one is guilty of a misdemeanor, and liable on conviction on indictment to two years' imprisonment, and on summary conviction before two justices of the peace to a fine of four hundred dollars or to six months' imprisonment, who assaults any receiver of wreck, or any person acting as such receiver, in the exercise of his duty. for the preservation or assistance of any vessel that is wrecked, stranded or in distress, or of wreck, or assaults any person acting by command of such receiver in the exercise of his duty.

1 S. D. Art. 243.

2 R. S. C. c. 81, s. 37; 24 & 25 Vict. c. 100, s. 37. As to the definition of wreck, see Art. 427.

There are many other special provisions against obstructing officers and others in the discharge of their duty. See the following:

C. S. C. c. 68, s. 63. (Servants of joint stock companies for transmission of timber.) R. S. C. c. 35, ss. 95, 98, 95. (Mail carriers.)

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R. S. C. c. 67. s. 19.

(Officers of government railways.)

(Dominion land surveyors.)

(Officers enforcing The Chinese Immigration Act.)

R. S. C. c. 69, ss 36, 37, 38. (Officers enforcing The Animal Contagious Diseases Act.)

R. S. C. c. 81, ss. 6, 22. Persons acting under The Wrecks and Salvage Act.)

R. S. C. c. 94, s. 4. (Persons making seizure under The Fishing by Foreign Vessels Act.)

R. S. C. c. 103, s. 39.

R. S. C. c. 104, s. 46.

51 Vict. (D.) c. 29, s. 20.

(Cullers.)

(Inspectors of weights and measures.) R. v. Dunning, 14 O. R. 60. (Inspecting engineer of any railway.)

51 Vict. (D.) c. 31, s. 6 (2). (Officers charged with duty of carrying the Submarine Telegraph Cable Convention into effect.)

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ARTICLE 319.

KIDNAPPING.

Every one is guilty of felony, and liable to seven years' imprisonment, who, without lawful authority, forcibly seizes and confines or imprisons any other person within Canada, or kidnaps any other person with intent,

(a.) to cause such other person to be secretly confined or imprisoned in Canada against his will; or

(b.) to cause such other person to be unlawfully sent or transported out of Canada against his will; or

(c.) to cause such other person to be sold or captured as a slave, or in any way held to service against his will.

Upon the trial of any offence under this section, the non-resistance, of the person so kidnapped or unlawfully confined, thereto, shall not be a defence, unless it appears that it was not caused by threats, duress or force or exhibition of force.

ARTICLE 320.

ASSAULTS COMMITTED WITHIN TWO MILES OF THE PLACE

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WHERE ANY PUBLIC MEETING OR POLL IS HELD.

Every one who is convicted of a battery, committed within the distance of two miles of the place appointed for the holding of any public meeting and during any part of the day whereon any such meeting has been appointed to be held, is liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both.

1 R. S. C. c. 162, s. 46. The intent applies to the seizure and confinement as well as to the kidnapping; Cornwall v. R., 33 U. C. Q. B. 106.

2 R. S. C. c. 152, s. 4. It will be observed that the punishment is less than that to which the offender is liable on conviction on indictment for a common assault, and that the provision is superfluous.

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Every one who is convicted of a battery, committed during any day whereon any election, or any poll for any election, of a member to serve in the House of Commons of Canada, or under The Canada Temperance Act, is begun, holden or proceeded with, within the distance of two miles of the place where such election or such poll is begun, holden or proceeded with, is guilty of an aggravated assault.

2 ARTICLE 321.

COMMON ASSAULTS.

3 Every one who commits a common assault is guilty of a misdemeanor, and liable, if convicted upon an indictment, to one year's imprisonment, and on summary conviction, to a fine not exceeding twenty dollars and costs, or to two months' imprisonment with or without hard labor.

1 R. S. C. c. 8, s. 77, c. 106 s. 69.

2 S. D. Arts. 246, 248, 252.

3 R. S. C. c. 162, s. 36; 24 & 25 Vict. c. 100, ss. 47, 42.

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