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carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally,―

girl is under

(a.) If such girl is under the age of fourteen (See 53 Vic., c. Punishment if 37, s. 3.) years, is guilty of felony, and liable to ten years' fourteen. imprisonment,

fourteen and

(6.) If such girl is of or above the age of fourteen and under And if over the age of sixteen years, is guilty of a misdemeanour, and liable under sixteen. to two years' imprisonment :

doubt as to

age, a suffi

Provided, that it shall be a sufficient defence to any charge Reasonable under this section if it is made to appear to the court or jury before whom the charge is brought, that the person so charged cient defence. had reasonable cause to believe that the girl was of or above the age of sixteen years. 49 V., c. 52, s. 4 and s. 8, part.

of one

6. No person shall be convicted of any offence under the No conviction three sections of this Act next preceding upon the evidence on evidence of one witness, unless such witness is corroborated in some witness only. material particular by evidence implicating the accused :

competent

[48-49 V., c. 69, s. 20.]

2. In every case arising under the said sections, the defend- Defendant a ant shall be a competent witness in his own behalf upon any witness, charge or complaint against him : 3. No prosecution under the said sections shall be com- Limitation of menced after the expiration of one year from the time when time for prothe offence was committed. 49 V., c. 52, ss. 5, 6 and 7, parts. The provisions of this section apply also to offences under 53 V., c. 37, ss. 4 and 9 (q. v.)

secution.

7. Every one who, by false pretences, false representations, Persons who or other fraudulent means,

any man other

defilement of

(a.) Procures any woman or girl, under the age of twenty- Procure one years, to have illicit carnal connection with than the procurer, or—

girl under age, or

under age to

(b.) Inveigles or entices any such woman or girl to a house Entice girl of ill-fame or assignation, for the purpose of illicit intercourse bawdy house, or prostitution, or who knowingly conceals in such house &c. any such woman or girl so inveigled or enticed,Is guilty of a misdemeanour, and is liable to two years' im- Punishment. prisonment :

any

such woman

[24-25 V., c. 100, s. 49.]

[48-49 V., c. 69, s. 2.]

person so

ings if she is

[48-49 V,, c.

2. Whenever there is reason to believe that or girl has been inveigled or enticed to a house of ill-fame or Search for assignation, as aforesaid, then, upon complaint thereof being inveigled made under oath by the parent, master or guardian of such and proceedwoman or girl, or in the event of such woman or girl having found in such neither parent, master nor guardian in the province in which house. the offence is alleged to have been committed, by any other 69, s. 10.] person, to any justice of the peace, or to a judge of any court authorized to issue warrants in cases of alleged offences against the criminal law, such justice of the peace or judge of the court may issue a warrant to enter, by day or night, such house of illfame or assignation, and to search for such woman or girl, and bring her, and the person or persons in whose keeping and

What persons shall be

deemed loose, idle or dis

orderly or

vagrants,

possession she is, before such justice of the peace or judge of the court, who may, on examination, order her to be delivered to her parent, master or guardian, or to be discharged, as law and justice require. 48-49 V., c. 82, s. 1.

8. All persons who

(a.) Not having visible means of maintaining themselves, live without employment,

(b.) Being able to work and thereby or by other means to [5 G. 4, c. 83, maintain themselves and families, wilfully refuse or neglect to do So,

ss. 3-4; 1-2 V., c. 38, s. 2.]

Punishment

of such per

sons.

(c.) Openly expose or exhibit in any street, road, public place or highway, any indecent exhibition, or openly or indecently expose their persons,

(d.) Without a certificate signed, within six months, by a priest, clergyman or minister of the gospel, or two justices of the peace, residing in the municipality where the alms are being asked, that he or she is a deserving object of charity, wander about and beg, or go about from door to door, or place themselves in any street, highway, passage or public place to beg or receive alms,

(e.) Loiter on any street or highway, and obstruct passengers by standing across the footpaths or by using insulting language, or in any other way,

(f.) Cause a disturbance in any street or highway by screaming, swearing or singing, or by being drunk, or by impeding or incommoding peaceable passengers,

(g.) By discharging firearms, or by riotous or disorderly conduct in any street or highway, wantonly or maliciously disturb the peace and quiet of the inmates of any dwelling house near such street or highway,

(h.) Tear down or deface signs, break windows, doors or door plates, or the walls of houses, roads or gardens, or destroy fences,

(i.) Are common prostitutes or nights walkers, wandering in the fields, public streets or highways, lanes or places of public meeting or gathering of people, and not giving a satis factory account of themselves,

(j.) Are keepers or inmates of disorderly houses, bawdyhouses or houses of ill-fame, or houses for the resort of prostitutes, or persons in the habit of frequenting such houses, not giving a satisfactory account of themselves,

(k.) Have no peaceable profession or calling to maintain themselves by, but who do, for the most part, support themselves by gaming or crime, or by the avails of prostitution,

Are loose, idle or disorderly persons or vagrants, within the meaning of this section:

2. Every loose, idle or disorderly person or vagrant shall, upon summary conviction before two justices of the peace, be deemed guilty of a misdemeanour, and shall be liable to a fine not exceeding fifty dollars or to imprisonment, with or with

out hard labour, for any term not exceeding six months, or to both :

persons to be

3. Any stipendiary or police magistrate, mayor or warden, Justices may or any two justices of the peace, upon information before them canse such made, that any person hereinbefore described as a loose, idle brought be or disorderly person, or vagrant, is or is reasonably suspected fore them. to be harboured or concealed in any disorderly house, bawdyhouse, house of ill-fame, tavern or boarding-house, may, by warrant, authorize any constable or other person to enter at any time such house or tavern, and to apprehend and bring before them or any other justices of the peace, every person found therein so suspected as aforesaid :

places of do

4. If provision is made therefor by the laws of the Province To what in which the conviction takes place, any such loose, idle or tention they disorderly person may, instead of being committed to the com- shall be common gaol or other public prison, be committed to any house of mitted. industry or correction, alms house, work house or reformatory prison. 32-33 V., c. 28;-37 V., c. 43;—44 V., c. 31 :-R. Š. N. S. (3rd S.), c. 162, s. 9.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

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A. D. 1886.

Interpretation.

· Chief con“stable."

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Deputy "chief con" stable."

Police magistrate, &c., may, on re

port authorize mon gaming

entry of com

house.

ss. 3-6.]

CHAPTER 158.

An Act respecting Gaming Houses.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as follows::

1. In this Act, unless the context otherwise requires,— (a.) The expression "chief constable" includes chief of police, city marshal or other head of the police force of any city, town or place ;

(b.) The expression "deputy chief constable includes deputy chief of police, deputy city marshal or other deputy head of the police force of any city, town or place.

2. If the chief constable or deputy chief constable of any city or town, or other officer authorized to act in his absence, reports in writing to any of the commissioners of police or mayor of such city or town, or to the police magistrate of any town, that there are good grounds for believing, and that he [8-9 V., c. 109. does believe, that any house, room or place within the said city or town is kept or used as a common gaming house, whether admission thereto is limited to those possessed of entrance keys or otherwise, the said commissioners or commissioner, or mayor, or the said police magistrate, may, by order in writing, authorize the chief constable, deputy chief constable, or other officer as aforesaid, to enter any such house, room or place, with such constables as are deemed requisite by the chief constable, deputy chief constable or other officer, and, if necessary, to use force for the purpose of effecting such entry, Arrest of per- whether by breaking open doors or otherwise, and to take sons therein of into custody all persons who are found therein, and to seize all

and seizure instruments.

Powers of search.

8. 7.]

tables and instruments of gaming found in such house or premises, and also to seize all moneys and securities for money found therein. 38 V., c. 41, s. 1;-40 V., c. 33, s. 1.

3. The chief constable, deputy chief constable or other officer [8.9 V., c. 109, making such entry, in obedience to any such order, may, with the assistance of one or more constables, search all parts of the house, room or place which he has so entered, where he suspects that tables or instruments of gaming are concealed. and all persons whom he finds therein, and seize all tables and instruments of gaming which he so finds. 38 V., c. 41, s. 2.

deemed evi

8. 8.]

4. When any cards, dice, balls, counters, tables or other What shall be instruments of gaming, used in playing any unlawful game, dence of gam are found in any house, room or place suspected to be used as ing. a common gaming house, and entered under a warrant or order [8-9 V., c. 109, issued under this Act, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, room or place is used as a common gaming house, and that the persons found in the room or place where such tables or instruments of gaming are found were playing therein, although no play was actually going on in the presence of the chief constable, deputy chief constable or other officer entering the same under a warrant or order issued under this Act, or in the presence of those persons by whom he is accompanied as aforesaid. 38 V., c. 41, s. 3 ;—40 V., c. 33, s. 2.

to be de

8. 8.]

5. The police magistrate or other justice of the peace before Instruments whom any person is taken by virtue of any order or warrant stroyed. under this Act, shall direct any cards, dice, balls, counters, [8-9 V., c. 109, tables or other instruments of gaming, used in playing any game, and seized under this Act in any place used as a common gaming house, to be forthwith destroyed; and any money or securities so seized shall be forfeited to the Crown for the public uses of Canada. 40 V., c. 33, s. 3.

6. Every one who plays or looks on while any other person Punishment is playing in a common gaming house is guilty of an offence, of persons playing or and liable, on summary conviction before two justices of the looking on. peace, to a penalty not exceeding one hundred dollars and not less than twenty dollars, and, in default of payment, to imprisonment for a term not exceeding two months. 40 V., c. 33, s. 4, part.

38, s. 1.]

7. Every one who wilfully prevents any constable or other Punishment officer, authorized under any of the preceding sections to enter of persons obstructing any house, room or place, from entering the same, or any part constables. thereof, or who obstructs or delays any such constable or officer [17-18 V., c. in so entering, and every one who, by any bolt, chain, or other contrivance, secures any external or internal door of, or means of access to, any house, room or place so authorized to be entered, or uses any means or contrivance whatsoever for the purpose of preventing, obstructing or delaying the entry of any constable or officer authorized as aforesaid, into any such house, room or place, or any part thereof, shall, for every such offence, be liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars, with costs, and to imprisonment with or without hard labour for any term not exceeding six months. 38 V., c. 41, s. 4.

S. If any constable or officer authorized, as aforesaid, to What shall be enter any house, room or place, is wilfully prevented from, or evidence that

a house is a

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