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ASSAULTS.

mit indictable

assaults on

34. Every one who assaults any person with intent to com- Assault with mit any indictable offence, or assaults, resists or wilfully intent to comobstructs any revenue or peace officer, or any officer seizing offence and trees, logs, timber or other products thereof, in the due execu- officers. tion of his duty, or any person acting in aid of such officer.-[24-25 V., c. or assaults any person with intent to resist or prevent the law- 100, s. 38.] ful apprehension or detainer of himself, or of any other person for any offence, or assaults, resists or wilfully obstructs any person in 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, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years. 32-33 V., c. 20, s. 39; -43 V., c. 28, s. 65, part ;-46 V., c. 16, s. 6, part, and c. 17, s. 66, part.

occasioning

35. Every one who commits any assault which occasions Assault actual bodily harm, is guilty of a misdemeanour, and liable to bodily harm. three years' imprisonment. 32-33 V., c. 20, s. 47, part.

[24-25 V., C.
100, s. 47.]

assault.

[24-25 V., c.

100, ss. 42-47.]

36. Every one who commits a common assault is guilty of Common a misdemeanour, 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 labour. 32-33 V., c. 20, ss. 43, part, and 47, part.

RAPE.

100, s. 48.]

37. Every one who commits the crime of rape is guilty of Rape. felony, and liable to suffer death as a felon, or to imprisonment [24-25 V., c. for life or for any term not less than seven years. 36 V., c. 50, 8. 1, part.

ABDUCTION AND DEFILEMENT OF WOMEN.

intent to com

38. Every one who assaults any woman or girl with intent Assault with to commit rape is guilty of a misdemeanour, and liable to impri- mit rape. sonment for any term not exceeding seven years and not less than two years. 36 V., c. 50, s. 1, part.

39.

*

40.

41.

*

Repealed and new sections substituted by 53 V., c. 37, s. 12.
(See also ib. s. 13 as to the evidence in such cases of children of
tender years.)

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Abduction of

a woman,
against her
will, from

motives of
lucre.
[24-25 V., c.
100. s. 53.]

Abduction of a girl under

age.

Punishment.

Offender incapable of

taking any of her property.

Forcible ab

woman.

42. Every one who,—

(a.) From motives of lucre, takes away or detains against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, any woman of any age who has any interest, whether legal or equitable, present or future, absolute, conditional or contingent in any real or personal estate, or who is a presumptive heiress or co-heiress or presumptive next of kin, or one of the presumptive next of kin to any one having such interest, or—

(b.) Fraudulently allures, takes away or detains such woman being under the age of twenty-one years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person,—

Is guilty of felony, and liable to fourteen years' imprison

ment:

2. Every one convicted of any offence under this section shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress or next of kin; and if any such marriage takes place, such property shall, upon such conviction, be settled in such manner as any court of competent jurisdiction, upon any information, at the instance of the Attorney General for the Province in which the property is situate, appoints. 32-33 V., c. 20, s. 54.

43. Every one who, by force, takes away or detains against duction of any her will any woman, of any age, with intent to marry or car[24-25 V., c. nally know her, or to cause her to be married or carnally. known by any other person, is guilty of felony, and liable to fourteen years' imprisonment. 32-33 V., c. 20, s. 55.

100, s. 54.]

Abduction of a girl under

sixteen years. (24-25 V., c.

100, s. 55; 48-49 V., c. 69, 8. 7.]

Taking away,
enticing and
detaining
children.
[24-25 V., c.
100, s. 56.]

44. Every one who unlawfully takes or causes to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years. 32-33 V., c. 20, s. 56.

CHILD STEALING.

45. Every one who,

(a.) Unlawfully, either by force or fraud, leads or takes away or decoys or entices away or detains any child under the age of fourteen years, with intent to deprive any parent, guardian or other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article belongs, or

(b) With any such intent, receives or harbours any such Receiving child, knowing the same to have been, by force or fraud, led, stolen child. taken, decoyed, enticed away or detained, as in this section before mentioned,

Is guilty of felony, and liable to seven years' imprisonment: Punishment. 2. No person who has claimed any right to the possession of Persons preferring cersuch child, or is the mother, or has claimed to be the father of tain claims an illegitimate child, shall be liable to be prosecuted by virtue not liable to hereof on account of the getting possession of such child or taking such child out of the possession of any person having the lawful charge thereof. 32-33 V., c. 20, s. 57.

KIDNAPPING.

prosecution.

fining, or im

46. Every one who, without lawful authority, forcibly seizes Seizing, conand 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,—

(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,

prisoning

without lawful authority.

ance not a

Is guilty of felony, and liable to seven years' imprisonment: Punishment. 2. Upon the trial of any offence under this section, the non- Non-resist resistance of the person so kidnapped or unlawfully confined defence. thereto, shall not be a defence, unless it appears that it was not caused by threats, duress or force or exhibition of force. V., c. 20, ss. 69 and 70.

ABORTION.

cure abortion.

47. Every woman, being with child, who, with the intent Administering drugs or to procure her own miscarriage, unlawfully administers, or using instru permits to be administered, to herself any poison or other ments to pronoxious thing, or unlawfully uses, or permits to be used on [24-25 V., c. herself, any instrument or other means whatsoever with the 100, s. 58.] like intent, and

Every one who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers to her or causes to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent,

Is guilty of felony, and liable to imprisonment for life. 32-33 Punishment. V., c. 20, s. 59.

procuring

48. Every one who unlawfully supplies or procures any Supplying or poison or other noxious thing, or any instrument or thing drugs or inwhatsoever, knowing that the same is intended to be unlawfully struments for used or employed with intent to procure the miscarriage of any [24-25 V., c. woman, whether she is or is not with child, is guilty of a mis- 100, s. 59.]

such purpose.

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demeanour, and liable to two years' imprisonment. 32-33 V., c. 20, s. 60.

Concealing birth of a child.

[24-25 V., c. 100, s. 60.]

CONCEALING THE BIRTH OF A CHILD.

49. Every one who, by any secret disposition of the dead body of any child of which any woman is delivered, whether such child died before, at or after its birth, endeavours to conceal the birth thereof, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years. 32-33 V., c. 20, s. 61, part.

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

HER

CHAPTER 163.

An Act respecting Libel.

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

A. D. 1886.

publish any

tort money,

1. Every one who publishes or threatens to publish any Publishing or libel upon any other person, or directly or indirectly threatens threatening to to print or publish, or proposes to abstain from printing or matter with publishing of, or offers to prevent the printing or publishing intent to ex of any matter or thing touching any other person, with intent [67 V., c. 96, to extort any money or security for money or any valuable. 3.] thing, from such person or from any other person, or with intent to induce any person to confer upon or procure for any person any appointment or office of profit or trust, is guilty of a misdemeanour, and liable to a fine not exceeding six hundred dollars, or to imprisonment for any term less than two years, or to both. 37 V., c. 38, s. 1, part.

defamatory

2. Every one who maliciously publishes any defamatory Publishing libel, knowing the same to be false, is guilty of a misdemeanour, libel knowing and liable to a fine not exceeding four hundred dollars, or to it to be false. imprisonment for any term less than two years, or to both. [6-7 V., c. 96, 37 V., c. 38, s. 2.

8. 4.]

tory libel.

3. Every one who maliciously publishes any defamatory Publishing libel is guilty of a misdemeanour, and liable to a fine not any defamaexceeding two hundred dollars, or to imprisonment for any [67 V., c. 96, term not exceeding one year, or to both. 37 V., c. 38, s. 3.

s. 5.]

matter a

4. It shall, if pleaded, be a defence to an indictment or Truth of deinformation for a defamatory libel, that the defamatory matter famatory was true, and that it was for the public benefit that such matter defence. should be published. 37 V., c. 38, ss. 5 and 6, parts.

[6-7 V., c. 96,

s. 6.]

defendant of

been without

5. Whenever, upon the trial of any indictment or informa- Evidence by tion for the publication of a defamatory libel, to which a plea the publica of not guilty has been pleaded, evidence is given which tion having establishes against the defendant a presumptive case of pub- his authority. lication by his authority, by the act of any other person, the [6-7 V., c. 96, defendant may prove, and, if proved, it shall be a good defence, ..) that such publication was made without his authority, consent

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