CHAPTER 160. An Act respecting Gambling in Public Conveyances. A. D. 1886. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: of persons 1. Every one who, in any railway car, or steam-boat, used Punishment as a public conveyance for passengers, by means of any game obtaining of cards, dice or other instrument of gambling, or by any money by device of like character, obtains from any other person any public congambling in money, chattel, valuable security or property, is guilty of the veyances. misdemeanour of obtaining the same unlawfully by false pretences, and liable to imprisonment for any term less than one year : tempts. 2. Any attempt to commit such offence by actually engag- And of ating any person in any such game with intent to obtain money or other valuable thing from him, is a misdemeanour, punishable in like manner as the offence itself. 40 V., c. 32, s. 1, part. offence may 2. Every such offence may be dealt with, inquired of, tried, Where the determined and punished as being committed either at the be tried and place where it actually took place, or in any district, county punished. or place through or adjoining to or by the boundary of any part whereof the railway car or steam-boat passed in the course of the journey or voyage during which the offence was committed, in the same manner as if it had been actually committed in such district, county or place. 40 V., c. 32, s. 2. 3. Every conductor, master or superior officer in charge of, Arrest of and every clerk or employee when authorized by the conductor offenders. or superior officer in charge of any railway train or steam-boat, station or landing place, in or at which any such offence, as aforesaid, is committed or attempted, shall, with or without warrant, arrest any person whom he has good reason to believe to have committed or attempted to commit the same, and shall take him before a justice of the peace, and make complaint of such offence on oath, in writing; and the offender, whether How dealt arrested with or without a warrant, shall be dealt with, and with after other proceedings shall be had, as if he been arrested upon a warrant of such justice: arrest. Penalty for neglecting to arrest offen der. Money, &c., to be deemed obtained by larceny. Fees to peran offender. 2. Every conductor, master or superior officer in charge of any railway car or steam-boat to which this Act applies, who makes default in the discharge of any duty imposed on him by this section, shall, on summary conviction, be liable to a penalty not exceeding one hundred dollars, and not less than twenty dollars. 40 V., c. 32, ss. 3 and 5, part. 4. Any money or valuable thing obtained by an offence against the first section of this Act, shall be dealt with as obtained by larceny from the person. 40 V., c. 32, s. 4, part. 5. Every person arresting any such offender, with or sons arresting without a warrant, and taking him before a justice of the peace, and otherwise complying with this Act in respect of such offender, shall be entitled to the same fees, payable in the same manner, as if he had so done under a warrant of such justice. 40 V., c. 32, s. 4, part. Copies of act to be posted up. Penalty for default. 6. Every company or person who owns or works any railway car or steam-boat to which this Act applies, shall keep a copy thereof posted up in some conspicuous part of such railway car or steam-boat; and every company or person who makes default in the discharge of such duty, shall be liable to a penalty not exceeding one hundred dollars and not less than. twenty dollars. 40 V., c. 32, s. 5, part. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 161. An Act respecting Offences relating to the Law of A. D. 1886. Marriage. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as Unlawfully or procuring solemnization 1. Every one who,(a.) Without lawful authority, the proof of which shall lie solemnizing on him, solemnizes or pretends to solemnize any marriage, or— unlawful (b.) Procures any person to solemnize any marriage, know- of marriage. ing that such person is not lawfully authorized to solemnize. such marriage, or knowingly aids or abets such person in performing such ceremony, Is guilty of a misdemeanour, and liable to a fine or to two Punishment. years' imprisonment, or to both. C.S.U.C., c. 102, ss. 1 and 2; -R.S.N.S. (3rd S.), c. 161, s. 3;-1 R.S.N.B., c. 146, s. 2. feigned mar riage. 2. Every one who procures a feigned or pretended marriage Procuring between himself and any woman, and every one who knowingly aids and assists in procuring such feigned or pretended marriage, is guilty of a misdemeanour, and liable to two years' imprisonment: one witness 2. No person shall be convicted of any offence under this No conviction section upon the evidence of one witness, unless such witness on evidence of is corroborated in some material particular by evidence impli- only. cating the accused: 3. In every case arising under this section the defendant Defendant a shall be a competent witness in his own behalf upon any charge competent or complaint against him : witness. 4. No prosecution under this section shall be commenced Limitation of after the expiration of one year from the time when the offence time for prowas committed. 49 V., c. 52, ss. 3 and 5, 6, 7 and 8, parts. secution. violation of 3. Every one who, being lawfully authorized, knowingly Solemnizing and wilfully solemnizes any marriage in violation of the laws marriage in of the Province in which the marriage is solemnized, is guilty provincial of a misdemeanour, and liable to a fine or to one year's impri- law. sonment : 2. No prosecution for any offence against this section shall be commenced except within two years after the offence is committed. C.S.U.C., c. 102, ss. 3, and 4, parts ;-1 R.S.N.B., c. 146, s. 3, part ;-R.S.B.C., e 89, s. 14. Time for pro- secution BIGAMY. Bigamy. Exceptions. Marriage by an alien out of Canada. Absence for seven years. Divorce. Former marriage annulled. Repealed and new section substitued by 53 V., c. 37, s. 10. (b.) Any person marrying a second time whose husband or wife has been continually absent from such person for the space of seven years then last past, and who was not known by such person to be living within that time; (c.) Any person who, at the time of such second marriage, was divorced from the bond of the first marriage; or― (d.) Any person whose former marriage has been declared void by the sentence of any court of competent jurisdiction. 32-33 V., c. 20, s. 58, part. (Two sections, 5 and 6, are added to this Act by 53 V., c. 37, s. 11.) OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. CHAPTER 162. An Act respecting Offences against the Person. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: A. D. 1886. tion. 1. In this Act, unless the context otherwise requires, the Interpretaexpression "loaded arms" includes any gun, pistol or other Loaded arm loaded in the barrel with gunpowder or other explosive "arms." substance, and ball, shot, slug or other destructive material, (24-25 V., c. or charged with compressed air and having ball, shot, slug or other destructive material in the barrel, although the attempt to discharge the same fails. 32-33 V., c. 20, s. 18. HOMICIDE. 2. Every one who is convicted of murder shall suffer death Murder. as a felon. 32-33 V., c. 20, s. 1. 3. Every one who, [24-25 V., c. 100, s. 1.] Conspiracy to murder. (.) Conspires, confederates or agrees with any person to [24-25 V., c. murder any other person, whether the person intended to be 100, s. 4.] murdered is a subject of Her Majesty or not, or is within the Queen's dominions or not, or (b.) Solicits, encourages, persuades, endeavours to persuade or Proposal to proposes to any person to murder any other person, whether murder. 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, Is guilty of a misdemeanour, and liable to ten years' imprisonment. 32-33 V., c. 20, s. 3. 4. Every accessory after the fact to murder is liable to Accessory imprisonment for life. 32-33 V., c 20, s. 4. after the fact. [24-25 V., c. 100, s. 67.] ter. 5. Every one who is convicted of manslaughter is liable to Manslaughimprisonment for life, or to pay such fine as the court awards, 24-25 V., c. in addition to or without any such imprisonment. 32-33 V., 100, s. 5.] c. 20, s. 5. homicide. 6. No punishment or forfeiture shall be incurred by any Excusable person who kills another by misfortune, or in his own defence, or in any other manner without felony. 32-33 V., c. 20, s. 7. 24-25 V., c. 100, s. 7.) |