ARTICLE 73.

ENTICING MILITIAMEN OR MEMBERS OF THE NORTH-WEST MOUNTED POLICE FORCE TO DESERT.

1

Every one is guilty of a misdemeanor and liable on summary conviction to six months' imprisonment with or without hard labor who,

(a.) persuades any man who has been enlisted to serve in any corps of Militia, or who is a member of or has engaged to serve in the North-West Mounted Police Force, to desert, or attempts to procure or persuade any such man to desert; or

(b.) knowing that any such man is about to desert, aids or assists him in deserting; or

(c.) knowing any such man is a deserter, conceals such man or aids or assists him in concealing himself, or aids or assists in his rescue.

As to the punishment of deserters from

1 R. S. C. c. 41, s. 109; 52 Vict. (D.) c. 25, s. 4. the North-West Mounted Police Force see R. S. C. c. 45, s. 24, as amended by 52 Vict. (D.) c. 25, s. 3. The active Militia are subject to the Queen's Regulations and Orders for the Army; R. S. C. c. 41, s. 82.

CHAPTER VIII.

CHALLENGES, PRIZE FIGHTING, AFFRAYS, UNLAWFUL ASSEMBLIES, ROUTS, RIOTS, UNLAWFUL DRILLING, FORCIBLE ENTRY AND DETAINER, UNLAWFUL POSSESSION AND USE OF EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS, PRESERVATION OF THE PEACE AT PUBLIC MEETINGS AND ELECTIONS AND NEAR PUBLIC WORKS, UNLAWFUL SALE OF SPIRITUOUS LIQUORS.

1 ARTICLE 74.

SENDING CHALLENGES AND PROVOKING TO FIGHT.

[EVERY one commits a misdemeanor who

2

(a.) challenges any other person to fight a duel; or,

3

(b.) endeavors by words, or by writings, to provoke any other person to challenge the offender or to commit a breach of the peace].

ARTICLE 75.

DEFINITION.

* In Articles 76-79 the expression "prize fight" means an encounter or fight with fists or hands, between two persons who have met for such purpose by previous arrangement made by or for them.

ARTICLE 76.

CHALLENGING TO FIGHT A PRIZE FIGHT-ACCEPTINGTRAINING THEREFOR.

5

Every one who sends or publishes, or causes to be

1 S. D. Art. 67.

2 [3 Inst. 158; 1 Russ. Cr. 396; Draft Code, s. 97.

3 R. v. Phillips, 6 East, 463. It appears from the judgment in this case (pp. 470-5) that

the offence defined in clause (b.) is only a special illustration of the general law as to incitement).

4 R. S. C. c. 153, s. 1.

5 R. S. C. c. 153, s. 2.

sent or published, or otherwise made known, any challenge to fight a prize fight, or accepts any such challenge, or causes the same to be accepted, or goes into training preparatory to such fight, or acts as trainer or second to any person who intends to engage in a prize fight, is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding one thousand dollars and not less than one hundred dollars, or to imprisonment for a term not exceeding six months, or to both.

ARTICLE 77.

ENGAGING AS PRINCIPAL IN A PRIZE FIGHT.

Every one who engages as a principal in a prize fight is guilty of a misdemeanor, and liable, on summary conviction, to imprisonment for a term not exceeding twelve months and not less than three months.

ARTICLE 78.

ATTENDING OR PROMOTING A PRIZE FIGHT.

2 Every one who is present at a prize fight as an aid, second, surgeon, umpire, backer, assistant or reporter, or who advises, encourages or promotes such fight, is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding five hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding twelve months, or to both.

ARTICLE 79.

LEAVING CANADA TO ENGAGE IN A PRIZE FIGHT.

3 Every one who, being an inhabitant or resident of Canada, leaves Canada with intent to engage in a prize

1 R. S. C. c. 153, s. 3.

2 R. S. C. c. 153, s. 4.

3 R. S. C. c. 153, s. 5.

fight without the limits thereof, is guilty of a misdemeanor, and liable, on summary conviction, to a penalty not exceeding four hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months, or to both.

ARTICLE 80.

WHERE THE FIGHT IS NOT A PRIZE FIGHT-DISCHARGE OR FINE.

1 If, after hearing evidence of the circumstances connected with the origin of the fight or intended fight, the person before whom the complaint is made is satisfied that such fight or intended fight was bonâ fide the consequence or result of a quarrel or dispute between the principals engaged or intended to engage therein, and that the same was not an encounter or fight for a prize, or on the result of which the handing over or transfer of money or property depends, such person may, in his discretion, discharge the accused or impose upon him a penalty not exceeding fifty dollars.

2 ARTICLE 81.

AFFRAY.

3 [An affray is the fighting of two or more persons in a public place to the terror of Her Majesty's subjects.]

4

Every one who commits an affray is guilty of a misdemeanor and liable, on summary conviction, to three months' imprisonment.

1 R. S. C. c. 153, s. 9.

2 S. D. Art. 69.

3 [3 Inst. 158; 1 Russ. Cr. 366; Draft Code, s. 96.]

4 R. S. C. c. 147, 8. 14.

2

1 ARTICLE 82.

UNLAWFUL ASSEMBLY.

[An unlawful assembly is an assembly of three or more persons :

(a.) with intent to commit a crime by open force; or

(b.) with intent to carry out any common purpose, lawful or unlawful, in such a manner as to give firm and courageous persons in the neighborhood of such assembly reasonable grounds to apprehend a breach of the peace in consequence of it.]

3

Every member of an unlawful assembly is guilty of a misdemeanor and liable to two years' imprisonment.

4

Illustrations.

[(a.) Sixteen persons met for the purpose of going out to commit the offence of being by night, unlawfully, upon land, armed in pursuit of game. This is an unlawful assembly.

(b.) 5 A, B, and C meet for the purpose of concerting an indictable fraud. This, though a conspiracy, is not an unlawful assembly.

6

(c.) A, B, and C having met for a lawful purpose, quarrel and fight. This (though an affray) is not an unlawful assembly.

(d.) A large number of persons hold a meeting to consider a petition to parliament lawful in itself, but they assemble in such numbers, with such a show of force and organization, and when assembled make use of such language, as to lead persons of ordinary firmness and courage in the neighborhood to apprehend a breach of the peace. This is an unlawful assembly.]

1 S. D. Art. 70.

66

2 [Brook's Abt. "Riot "; Viner's Abt. " Riot"; Lambarde, c. v. 172-184; Dalton, pp. 310-14: 1 Hawk. P. C. 513-16. See also Report of Criminal Code Commission of 1879, p. 20, and Draft Code, ss. 81-86.]. R. S. C. c. 147, s. 11, the words of which are With intent unlawfully to execute any common purpose with force and violence, or in a manner calculated to create terror and alarm." See R. v. Graham, 16 Cox C. C. 420; R. v. Burns, 16 Cox C. C. 355.

64

R. S. C. c. 147, s. 11.

[R. v. Brodribb, 6 C. & P. 571. The meeting in this case was in a private house.

(SUBMITTED.) Compare 1 Hawk. P. C. 515.

1 Hawk. P. C. 514.

Redford v. Birley, 3 Starkie, N. P. 107-8; R. v. Vincent, 9 C. & P. 91.] See also R. v. Burns, 16 Cox C. C. 355.