1 ARTICLE 118.

FREEMASONS EXCEPTED.

2 The provisions of Article 117 do not extend to the meetings of any lodge of freemasons held under such denomination and in conformity to the rules prevailing among lodges, if the lodge is constituted by or under the authority of a warrant granted by or derived from any grandmaster or grand lodge in the United Kingdom of Great Britain and Ireland or grandmaster or grand lodge of Canada.

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3 ARTICLE 119.

PUNISHMENT OF MEMBERS.

Every member of any such society, and every person who acts as a member thereof, or directly or indirectly maintains correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, treasurer, secretary, delegate, or other officer or member thereof as such, or by contribution of money or otherwise aids, abets or supports any such society, or any member or officer thereof as such, is guilty of an unlawful combination or confederacy and liable to seven years' imprisonment.

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5 ARTICLE 120.

PERMITTING MEETINGS OF UNLAWFUL SOCIETIES.

Every one who in Quebec knowingly permits any meeting of any society or association declared in Article

1 S. D. Art. 87.

2 C. S. L. C. c. 10, s. 9; 29 Vict. (P. C.) c. 46; 39 Geo. 3, c. 79, ss. 1-6.

3 S. D. Art. 88.

4 C. S. L. C. c. 10, ss. 6, 7; 39 Geo. 3, c. 79, ss. 8, 9; 57 Geo. 3, c. 19, s. 25. S. D. Art. 89.

C. S. L. C. c. 10, s. 8.

117 to be an unlawful combination or confederacy, or any division, branch, or committee thereof, to be held in his house, apartment, barn, outhouse, or other building, is liable on conviction for a first offence to a fine of two hundred dollars.

Every one who in Quebec commits any such offence after a conviction for a first offence is deemed guilty of an unlawful combination or confederacy, and is liable to seven years' imprisonment.

ARTICLE 121.

SEDITIOUS WORDS AND LIBELS.

[Every one commits a misdemeanor who with a seditious intention speaks any words or publishes anything capable of being a libel. If the matter published consists of words spoken, the offence is called the speaking of seditious words. If the matter so published is contained in anything capable of being a libel, the offence is called the publication of a seditious libel.

The word "publish" in this Article is used in the same sense as in Article 343, and the word "libel" in the second of the two senses specified in Article 340.

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3 ARTICLE 122.

SEDITIOUS CONSPIRACY.

Every one commits a misdemeanor who agrees with any other person or persons to do any act for the furtherance of any seditious intention common to both or all of them. Such an offence is called a seditious conspiracy.

1 S. D. Art. 91.

[1 Hawk. P. C. 66,486; 4 Steph. Com. 238; and see 2 Hist. Cr. Law, ch. xxiv. pp. 298-396. Draft Code, s. 102].

3 S. D. Art. 92.

* [See Wright on the Law of Conspiracy, 28-31. Draft Code, s. 102.]

1 ARTICLE 123.

SEDITIOUS INTENTION DEFINED.

[A seditious intention is an intention to bring into hatred or contempt, or to excite disaffection against, the person of Her Majesty, her heirs or successors, or the government and constitution of the United Kingdom] or of Canada, [as by law established, or either House of Parliament, or the administration of justice, or to excite Her Majesty's subjects to attempt, otherwise than by lawful means, the alteration of any matter in the State by law established, or to incite any person to commit any crime, in disturbance of the peace, or to raise discontent or disaffection amongst Her Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects.

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* An intention to shew that Her Majesty has been misled or mistaken in her measures, or to point out errors or defects in the government or constitution as by law established, with a view to their reformation, or to excite Her Majesty's subjects to attempt, by lawful means, the alteration of any matter in the State by law established, or to point out, in order to their removal, matters which are producing, or have a tendency to produce, feelings of ill-will between classes of Her Majesty's subjects, is not a seditious intention.

1 S. D. Art. 93.

2 [60 Geo. 3 & 1 Geo. 4, c. 8; and O'Connell v. R., 11 Cl. & F. 155, 234. Draft Code, s. 102.] See also R. v. Burns, 16 Cox C. C. 358.

3 [These words were not in the earlier editions of this work. I do not think they enlarge the sense, but they make it more explicit. They were intended to meet such cases as those of Most and Mertens, tried in 1881 and 1882 for publishing articles in the Freiheit applauding the assassination of the Emperor of Russia and that of Lord Frederick Cavendish and Mr. Burke at Dublin. See, too, the case of R. v. Collins, 9 C. & P. 456, and judgment of Littledale, J., 460.

4 R. v. Lambert and Perry, 2 Camp. 398; R. v. Vincent, 9 C. & P. 91.]

1 ARTICLE 124.

PRESUMPTION AS TO INTENTION.

[In determining whether the intention with which any words were spoken, any document was published, or any agreement was made, was or was not seditious, every person must be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

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3 ARTICLE 125.

SPREADING FALSE NEWS.

Every one commits a misdemeanor who cites or publishes any false news or tales whereby discord or occasion of discord or slander may grow between the Queen and her people or the great men of the realm (or which may produce other mischiefs).

1 S. D. Art. 94.

2 [R. v. Burdett, 4 B. & Ald. 95; R. v. Harvey, 2 B. & C. 257.]

3 S. D. Art. 95.

+ [3 Edw. 1, c. 34.

5 See Starkie on Slander, by Folkard, 670-2. The definition is very vague and the doctrine exceedingly doubtful.]

CHAPTER X.

OFFENCES AGAINST EXTERNAL PUBLIC TRANQUILLITY, OFFENCES AGAINST FOREIGN NATIONS.

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1 ARTICLE 126.

VIOLATION OF AMBASSADORS' PRIVILEGES.

[EVERY one is guilty of a misdemeanor who, by force or personal restraint, violates any privilege conferred upon the diplomatic representatives of foreign countries by the law of nations, as collected by Her Majesty's Courts from the practice of different nations, and the authority of writers thereon.

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3 ARTICLE 127.

ARREST OF AMBASSADOR.

Every one commits a misdemeanor who sets forth or prosecutes or executes any writ or process whereby is arrested or imprisoned the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by Her Majesty, or any domestic servant of any such ambassador or minister, registered as such in the office of a principal secretary of state, or in the office of the sheriff of London and Middle

sex.

1 S. D. Art. 96.

2 [Triquet and Others v. Bath, 3 Burr. 1481. As to what constitutes authority on a question of international law, see R. v. Keyn, L. R. 2 Ex. D. 63.]

3 S. D. Art. 97.

4 [7 Anne, c. 12, ss. 3, 4, 6.] It is doubtful if this article and more especially the provisions as to domestic servants, would, if the case should arise, be held to be in force in Canada.