exceeding one hundred dollars, and on summary conviction to a fine not exceeding twenty dollars and costs, or to two months' imprisonment with or without hard labour. R.S.C., c. 162, s. 36. Punishment for rape. Attempt to PART XXI. RAPE AND PROCURING ABORTION. 266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman's husband, or by false and fraudulent representations as to the nature and quality of the act. 2. No one under the age of fourteen years can commit this offence. 3. Carnal knowledge is complete upon penetration to any even the clightest degree, and even without the emission of seed. R.SC., c. 174, s. 226. "See page 36." 267. Every one who commits rape is guilty of an indictable offence and liable to suffer death, or to imprisonment for life. R.S.C., c. 162, s. 37. 268. Every one is guilty of an indictable offence and commit rape. liable to seven years' imprisonment who attempts to commit Defiling chil- Attempt to offence. rape. 269. Every one is guilty of an indictable offence and liable to imprisonment for life, and to be whipped, who carnally knows any girl under the age of fourteen years, not being his wife, whether he believes her to be of or above that age or not. 53 V., c. 37, s. 12. 270. Every one who attempts to have unlawful carnal commit such knowledge of any girl under the age of fourteen years is guilty of an indictable offence and liable to two years' imprisonment, and to be whipped. 53 V., c. 37, s. 12. Killing un- Procuring 271. Every one is guilty of an indictable offence and liable to imprisonment for life who causes the death of any child which has not become a human being, in such a manner that he would have been guilty of murder if such child had been born. 2. No one is guilty of any offence who, by means which he in good faith considers necessary for the preservation of the life of the mother of the child, causes the death of any such child before or during its birth. 272. Every one is guilty of an indictable offence and liable to imprisonment for life who, with intent to procure the 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 drug or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent. R.S.C., c. 162, s. 47. own miscar 273. Every woman is guilty of an indictable offence and Woman proliable to seven years' imprisonment who, whether with child curing her or not, unlawfully administers to herself or permits to be riage. administered to her any drug or other noxious thing, or unlawfully uses on herself or permits to be used on her any instrument or other means whatsoever with intent to procure miscarriage. R.S.C., c. 162, s. 47. means of pro 274. Every one is guilty of an indictable offence and liable Supplying to two years' imprisonment who unlawfully supplies or curing abor procures any drug or other noxious thing, or any instru- tion. ment or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child. R.S.C., c. 162, s. 48. PART XXII. OFFENCES AGAINST CONJUGAL AND PARENTAL 275. Bigamy is (a.) the act of a person who, being married, goes through a form of marriage with any other person in any part of the world; or (b.) the act of a person who goes through a form of marriage in any part of the world with any person whom he or she knows to be married; or (c.) the act of a person who goes through a form of marriage with more than one person simultaneously or on the same day. R.S.C., c. 37, s. 10. 2. Aform of marriage" is any form either recognized as a valid form by the law of the place where it is gone through, or, though not so recognized, is such that a marriage celebrated there in that form is recognized as binding by the law of the place where the offender is tried. Every form shall for the purpose of this section be valid, notwithstanding any act or default of the person charged with bigamy, if it is otherwise a valid form. The fact that the parties would, if unmarried, have been incompetent to contract marriage shall be no defence upon a prosecution for bigamy. 3. No one commits bigamy by going through a form of marriage (a.) Bigamy Punishment of bigamy. Feigned marriages. Punishment (a.) if he or she in good faith and on reasonable grounds believes his wife or her husband to be dead; or (b.) if his wife or her husband has been continually absent for seven years then last past and he or she is not proved to have known that his wife or her husband was alive at any time during those seven years; or (c.) if he or she has been divorced from the bond of the first marriage; or (d.) if the former marriage has been declared void by a court of competent jurisdiction. R.S.C., c. 161, s. 4. 4. No person shall be liable to be convicted of bigamy in respect of having gone through a form of marriage in a place not in Canada, unless such person, being a British subject resident in Canada, leaves Canada with intent to go through such form of marriage. 276. Every one who commits bigamy is guilty of an indictable offence and liable to seven years' imprisonment. 2. Every one who commits this offence after a previous conviction for a like offence shall be liable to fourteen years' imprisonment. R.S.C., c. 161, s. 4. 277. Every one is guilty of an indictable offence and liable to seven years' imprisonment who procures a feigned or pretended marriage between himself and any woman, or who knowingly aids and assists in procuring such feigned or pretended marriage. R.S.C., c. 161, s. 2. 278. Every one is guilty of an indictable offence and liable of polygamy. to imprisonment for five years, and to a fine of five hundred dollars, who (a.) practises, or, by the rites, ceremonies, forms, rules or customs of any denomination, sect or society, religious or secular, or by any form of contract, or by mere mutual consent, or by any other method whatsoever, and whether in a manner recognized by law as a binding form of marriage or not, agrees or consents to practise or enter into (i.) any form of polygamy; (ii) any kind of conjugal union with more than one person at the same time; (iii) what among the persons commonly called Mormons is known as spiritual or plural marriage; (iv) who lives, cohabits, or agrees or consents to live or cohabit, in any kind of conjugal union with a person who is married to another, or with a person who lives or cohabits with another or others in any kind of conjugal union; or (b.) celebrates, is a party to, or assists in any such rite or ceremony which purports to make binding or to sanction any of the sexual relationships mentioned in paragraph (a) of this section; or (c.) (c.) procures, enforces, enables, is a party to, or assists in the compliance with, or carrying out of, any such form, rule or custom which so purports; or (d.) procures, enforces, enables, is a party to, or assists in the execution of, any such form of contract which so purports, or the giving of any such consent which so purports. 53 V., c. 37, s. 11. of marriage rity. 279. Every one is guilty of an indictable offence and liable Solemnization to a fine, or to two years' imprisonment, or to both, who-without (a.) without lawful authority, the proof of which shall lie lawful authoon him, solemnizes or pretends to solemnize any marriage; or (b.) procures any person to solemnize any marriage knowing that such person is not lawfully authorized to solemnize such marriage, or knowingly aids or abets such person in performing such ceremony. R.S.C., c. 161, s. 1. of marriage 280. Every one is guilty of an indictable offence and liable Solemnization to a fine, or to one year's imprisonment, who, being lawfully contrary to authorized, knowingly and wilfully solemnizes any mar- law. riage in violation of the laws of the province in which the marriage is solemnized. R.S.C., c. 161, s. 3. a woman. 281. Every one is guilty of an indictable offence and liable Abduction of to fourteen years' imprisonment who, with intent to marry or carnally know any woman, whether married or not, or with intent to cause any woman to be married to or carnally known by any other person, takes away or detains any woman of any age against her will. R.S.C., c. 162, s. 43. an heiress. 282. Every one is guilty of an indictable offence and Abduction of liable to fourteen years' imprisonment who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any person (a.) from motives of lucre takes away or detains against her will any such 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 to any one having such interest; or (b.) fraudulently allures, takes away or detains any 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. 2. Every one convicted of any offence defined in this section is 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 con viction, Abduction of girl under sixteen. Stealing children under fourteen. viction, be settled in such manner as any court of competent jurisdiction, upon any information at the instance of the Attorney-General appoints. R.S.C., c. 162, s. 42. age 283. Every one is guilty of an indictable offence and liable to five years' imprisonment who unlawfully takes or causes to be taken any unmarried girl, being under the 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. 2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not. 3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. R.S.C., c. 162, s. 44. 284. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, with intent to deprive any parent or guardian, or other person having the lawful charge, of any child under the age of fourteen years, of the possession of such child, or with intent to steal any article about or on the person of such child, unlawfully (a.) takes or entices away or detains any such child; or (b.) receives or harbours any such child knowing it to have been dealt with as aforesaid. 2. Nothing in this section shall extend to any one who gets possession of any child, claiming in good faith a right to the possession of the child. R.S.C., c. 162, s. 45. Defamatory libel defined. Publishing defined. Publishing upon invitation. PART XXIII. DEFAMATORY LIBEL. 285. A defamatory libel is matter published, without legal justification or excuse, likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or designed to insult the person to whom it is published. 2. Such matter may be expressed either in words legibly marked upon any substance whatever, or by any object signifying such matter otherwise than by words, and may be expressed either directly or by insinuation or irony. 286. Publishing a libel is exhibiting it in public, or causing it to be read or seen, or showing or delivering it, or causing it to be shown or delivered, with a view to its being read or seen by the person defamed or by any other person. 287. No one commits an offence by publishing defamatory matter on the invitation or challenge of the person defamed thereby, nor if it is necessary to publish such defamatory matter in order to refute some other defamatory statement published by that person concerning the alleged offender, |