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Parent or

(c.) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or

(d.) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere; or

(e.) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or

(f.) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with intent that she may become an inmate of a brothel within or without Canada; or

(g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or

(h.) by false pretenses or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without Canada; or

(i.) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as the rebyto enable any person to have unlawful carnal connection with such woman or girl. 53 V., c. 39, s. 9; R.S.C., c. 157, s. 7.

186. Every one who, being the parent or guardian of curing defile- any girl or woman,

guardian pro

ment of girl.

Householders permitting defilement of girls on their

premises.

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(a.) procures such girl or woman to have carnal connection with any man other than the procurer; or

(b.) orders, is party to, permits or knowingly receives the avails of the defilement, seduction or prostitution of such girl or woman,

is guilty of an indictable offence, and liable to fourteen years' imprisonment if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years to five years' imprisonment. 53 V., c. 37, s. 9.

187. Every one who, being the owner and occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence and—

(a.) is liable to ten years' imprisonment if such girl is under the age of fourteen years; and

(b.) is liable to two years' imprisonment if such girl is of or above the age of fourteen and under the age of sixteen years. R.S.C., c. 157, s. 5; 53 V. c. 37, s. 3.

defile.

188. Every one is guilty of an indictable offence and liable Conspiracy to to two years' imprisonment who conspires with any other person by false pretenses, or false representations or other fraudulent means, to induce any woman to commit adultery or fornication.

knowing

189. Every one is guilty of an indictable offence and liable Carnally to four years' imprisonment who unlawfully and carnally idiots, &c. knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile, insane or deaf and dumb woman or girl, under circumstances which do not amount to rape but which prove that the offender knew, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. R.S.C., c. 157, s. 3; 50-51 V., c. 48, s. 1.

190. Every one is guilty of an indictable offence and liable Prostitution to a penalty not exceeding one hundred dollars and not less of Indian than ten dollars, or six months' imprisonment

(a.) who, being the keeper of any house, tent or wigwam, allows or suffers any unenfranchised Indian woman to be or remain in such house, tent or wigwam, knowing or having probable cause for believing that such Indian woman is in or remains in such house, tent or wigwam with the intention of prostituting herself therein; or

(b.) who, being an Indian woman, prostitutes herself therein; or

(c.) who, being an unenfranchised Indian woman, keeps, frequents or is found in a disorderly house, tent or wigwam used for any such purpose.

2. Every person who appears, acts or behaves as master or mistress, or as the person who has the care or management, of any house, tent or wigwam in which any such Indian woman is or remains for the purpose of prostituting herself therein, is deemed to be the keeper thereof, notwithstanding he or she is not in fact the real keeper thereof. R.S.C., c. 43, s. 106; 50–51 V., c. 33, s. 11.

woman.

PART XIV.

NUISANCES.

191. A common nuisance is an unlawful act or omission Common nuito discharge a legal duty, which act or omission endangers sance defined the lives, safety, health, property or comfort of the public, or by which the public are obstructed in the exercise or enjoy

ment of any right common to all Her Majesty's subjects.

Common nui

sances which

192. Every one is guilty of an indictable offence and are criminal. liable to one year's imprisonment or a fine who commits any common nuisance which endangers the lives, safety or . health of the public, or which occasions injury to the person of any individual.

Common nui

sances which

nal.

193. Any one convicted upon any indictment or informaare not crimi- tion for any common nuisance other than those mentioned in the preceding section, shall not be deemed to have committed a criminal offence; but all such proceedings or judgments may be taken and had as heretofore to abate or remedy the mischief done by such nuisance to the public right

Selling things unfit for food.

Common bawdy-house defined.

Common gaming-house defined.

Common betting-house defined.

194. Every one is guilty of an indictable offence and liable to one year's imprisonment who knowingly and wilfully exposes for sale, or has in his possession with intent to sell, for human food articles which he knows to be unfit for human food.

2. Every one who is convicted of this offence after a previous conviction for the same crime shall be liable to two years' imprisonment.

195. A common bawdy-house is a house, room, set of rooms or place of any kind kept for purposes of prostitution.

196. A common gaming-house is

(a.) a house, room or place kept by any person for gain, to which persons resort for the purpose of playing at any game of chance; or

(b.) a house, room or place kept or used for playing therein at any game of chance, or any mixed game of chance and skill, in which—

(i.) a bank is kept by one or more of the players exclusively of the others; or

(ii.) in which any game is played the chances of which are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the game is managed, or against whom the other players stake, play or bet.

197. A common betting-house is a house, office, room or other place

(a.) opened, kept or used for the purpose of betting between persons resorting thereto and

(i.) the owner, occupier, or keeper thereof;

(ii) any person using the same;

(iii.) any person procured or employed by, or acting for

or on behalf of any such person;

(iv) any person having the care or management, or in any manner conducting the business thereof; or

(b.)

(b.) opened, kept or used for the purpose of any money or valuable thing being received by or on behalf of any such person as aforesaid, as or for the consideration,

(i.) for any assurance or undertaking, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse-race or other race, fight, game or sport; or

(ii) for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency.

houses.

198. Every one is guilty of an indictable offence and liable Disorderly to one year's imprisonment who keeps any disorderly house, that is to say, any common bawdy-house, common gaminghouse or common betting-house, as herein before defined.

2. Any one who appears, acts, or behaves as master or mistress, or as the person having the care, government or management, of any disorderly house shall be deemed to be the keeper thereof, and shall be liable to be prosecuted and punished as such, although in fact he or she is not the real owner or keeper thereof.

gaming-house.

199. Every one who plays or looks on while any other Playing or person is playing in a common gaming-house is guilty of an looking on in offence and liable, on summary conviction before two justices of the peace, to a penalty not exceeding one hundred dollars and not less than twenty dollars, and in default of payment to two months' imprisonment. R.S.C., c. 158, s. 6.

entering a

200. Every one is guilty of an offence and liable, on sum- Obstructing mary conviction before two justices of the peace, to a penalty peace officer not exceeding one hundred dollars, and to six months' gaming-house. imprisonment with or without hard labour who

(a.) wilfully prevents any constable or other officer duly authorized to enter any disorderly house, as mentioned in section one hundred and ninety-eight, from entering the same or any part thereof; or

(b.) obstructs or delays any such constable or officer in so entering; or

(c.) by any bolt, chain or other contrivance secures any external or internal door of, or means of access to, any common gaming-house so authorized to be entered; or

(d.) 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 disorderly house or any part thereof. R.S.C., c. 158, s. 7.

merchandise.

201. Every one is guilty of an indictable offence and liable Gaming in to five years' imprisonment, and to a fine of five hundred stocks and dollars, who, with the intent to make gain or profit by the rise or fall in price of any stock of any incorporated or unincorporated company or undertaking, either in Canada or elsewhere, or of any goods, wares or merchandise

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(a.)

Habitually frequenting

gaming in stocks is carried on.

(a.) without the bonâ fide intention of acquiring any such shares, goods, wares or merchandise, or of selling the same, as the case may be, makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, goods, wares or merchandise; or

(b.) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of any such shares of stock, goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bonâ fide intention to make or receive such delivery.

2. But it is not an offence if the broker of the purchaser receives delivery, on his behalf, of the article sold, notwithstanding that such broker retains or pledges the same as security for the advance of the purchase money or any part thereof.

3 Every office or place of business wherein is carried on the business of making or signing, or procuring to be made or signed, or negotiating or bargaining for the making or signing of such contracts of sale or purchase as are prohibited in this section is a common gaming-house, and every one who as principal or agent occupies, uses, manages or maintains the same is the keeper of a common gaming-house. 51 V., c. 42, ss. 1 and 3.

202. Every one is guilty of an indictable offence and liable places where to one year's imprisonment who habitually frequents any office or place wherein the making or signing, or procuring to be made or signed, or the negotiating or bargaining for the making or signing, of such contracts of sale or purchase as are mentioned in the section next preceding is carried on. 51 V., c. 42, s. 1.

Gambling in public con

veyances.

203. Every one is guilty of an indictable offence and liable to one year's imprisonment who

(a.) in any railway car or steamboat, used as a public conveyance for passengers, by means of any game of cards, dice or other instrument of gambling, or by any device of like character, obtains from any other person any money, chattel, valuable security or property; or

(b.) attempts to commit such offence by actually engaging any person in any such game with intent to obtain money or other valuable thing from him.

2. Every conductor, master or superior officer in charge of, and every clerk or employee when authorized by the conductor or superior officer in charge of, any railway train or steamboat, station or landing place in or at which any such offence, as aforesaid, is committed or attempted, must, with or without warrant, arrest any person whom he has good reason to believe to have committed or attempted to commit

the

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