Making false affidavit out of the Province to be used. Judge may direct prose 3. Every person who wilfully and corruptly makes any false affidavit, affirmation or declaration, out of the Province in which it is to be used, but within Canada, before any functionary authorized to take the same for the purpose of being used in any Province of Canada, shall be deemed guilty of perjury, in like manner as if such false affidavit, affirmation or declaration had been made in the Province in which it is used, or intended to be used, before a competent authority. 33 V., c. 26, s. 1, part. 4. Any judge of any court of record, or any commissioner cution of per- before whom any inquiry or trial is held, and which he is by son guilty of law required or authorized to hold, may, if it appears to him perjury before him. that any person has been guilty of wilful and corrupt perjury in any evidence given, or in any affidavit, affirmation, declaration, deposition, examination, answer or other proceeding made or taken before him, direct such person to be prosecuted for such perjury, if there appears to such judge or commissioner a Commitment reasonable cause for such prosecution,-and may commit such [14-15 V., c. 11, s. 19.] or admission to bail. All evidence material with jury. person so directed to be prosecuted until the next term, sittings or session of any court having power to try for perjury, in the jurisdiction within which such perjury was committed, or permit such person to enter into a recognizance, with one or more sufficient sureties, conditioned for the appearance of such person at such next term, sittings or session, and that he will then surrender and take his trial and not depart the court without leave,—and may require any person, such judge or commissioner thinks fit, to enter into a recognizance conditioned to prosecute or give evidence against such person so directed to be prosecuted as aforesaid 32-33 V., c. 23, s. 6. 5. All evidence and proof whatsoever, whether given or respect to per- made orally, or by or in any affidavit, affirmation, declaration, examination or deposition, shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for wilful and corrupt perjury, or for subornation of perjury. 32-33 V., c. 23, s. 7. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 155. An Act respecting Escapes and Rescues. HER Majesty, by and with the advice and consent of the follows: A. D. 1886. 1. Every one who is convicted of a felonious rescue is liable Felonious to seven years' imprisonment, when no special punishment is rescue. otherwise provided by statute. 32-33 V., c. 29, s. 84, part. any rescue from lawful 2. Every one who escapes from or rescues, or aids in rescuing Escape or other from lawful custody, or makes or causes any person breach of prison, if such offence does not amount to felony, is custody. guilty of a misdemeanour, and liable to imprisonment for any term less than two years. 32-33 V., c. 29, s. 84, part. 3. Every one who, being a prisoner ordered to be detained Escape while in any penitentiary, escapes from the person or persons having being conthe lawful custody of him, when being conveyed thereto, or penitentiary. when being conveyed from one penitentiary to another, is [1-2 V., c. 82, guilty of felony, and liable to two years' imprisonment. 46 V., c. 29, s. 24; c. 37, s. 54, part. 4. Every one who, being a prisoner in a penitentiary, breaks prison or escapes, or attempts to escape from the custody of any officer, guard or other servant of the penitentiary while at work, or passing to or from work, either within or beyond the prison walls or penitentiary limits, is guilty of felony, and liable to three years' imprisonment. 46 V., c. 37, s. 54, part. s. 12; 5-6 V., 6-7 V., c. 26, 8. 22.] Escape from at work. a penitentiary tiary. 5. Every one who, being a prisoner in any penitentiary, at Breaking out any time attempts to break prison, or who forcibly breaks out of a penitenof his cell, or makes any breach therein with intent to escape [1-2 V., c. 82, therefrom, whether successful or not, is guilty of felony, and s. 12; 5-6 V., liable to one year's imprisonment. 46 V., c. 37, s. 55, part. c. 29, s. 24; 6-7 V., c. 26, s. 22.] 6. Every one who rescues or attempts to rescue any prisoner Rescuing while being conveyed to any penitentiary, or while imprisoned prisoner from a penitentherein, or while being conveyed from one penitentiary to an- tiary. other, or while passing to or from work at or near any peniten- [1-2 V., c. 82, tiary, and every one who, by supplying arms, tools or instru- . 24, c. s. 25; ments of disguise, or otherwise in any manner aids any such 6-7 V., c. 26, s. 13; 5-6 V., prisoner in any escape or attempt at escape, is guilty of felony, and liable to five years' imprisonment. 46 V., c. 37, s. 57. 7. Every one who, having the custody of any such prisoner as aforesaid, or being employed by the person having such custody, as a keeper, turnkey, guard or assistant, carelessly allows any such prisoner to escape, is guilty of a misdemeanour, and liable to fine or imprisonment, or to both, in the discretion of the court; and every such person as aforesaid, who knowingly and wilfully allows any such convict to escape, is guilty of felony, and liable to five years' imprisonment. 46 V., c. 37, s. 58. 8. Every one who, knowingly and unlawfully, under colour of any pretended authority, directs or procures the discharge of any prisoner not entitled to be so discharged, is guilty of a misdemeanour, and liable to imprisonment for any term less than two years; and the person so discharged shall be held to have escaped. 32-23 V., c. 29, s. 85. Repealed and new section substituted by 53 V., c. 37, s. 1. 10. Every one who,— (a.) Knowingly assists, directly or indirectly, any offender detained in a reformatory prison or reformatory or industrial school, to escape from such prison or school, (b.) Directly or indirectly induces such an offender to escape from such prison or school; (c.) Knowingly harbours, conceals or prevents from returning to the prison or school, or assists in harbouring, concealing or preventing from returning to the prison or school, any offender who has escaped from such prison or school, Shall be liable, on summary conviction before two justices of the peace, to a penalty not exceeding eighty dollars, or to imprisonment with or without hard labour for any term not exceeding two months. 32-33 V., c. 34, s. 8. 11. Every one who escapes from imprisonment shall, on being retaken, undergo, in the prison he escaped from, the in remainder of his term unexpired at the time of his escape, addition to the punishment which is awarded for such escape; and any imprisonment awarded for such offence may be to the penitentiary or prison from which the escape was made. 32-33 V., c. 29, s. 87. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 156. An Act respecting Offences against Religion. HER ER Majesty, by and with the advice and consent of the follows: A. D. 1886. a clergyman charge of his 1. Every one who, by threats or force, unlawfully obstructs Obstructing or or prevents, or endeavours to obstruct or prevent, any clergy assaulting man or other minister, in or from celebrating divine service, or in the dis otherwise officiating in any church, chapel, meeting-house, duties. school-house or other place used for divine worship, or in or [24-25 V., c. from the performance of his duty in the lawful burial of the 100, s. 36.] dead, in any church-yard or other burial place, or strikes or offers any violence to, or upon any civil process, or under the pretence of executing any civil process, arrests any clergyman or other minister who is engaged in or, to the knowledge of the offender, is about to engage in any of the rites or duties in this section mentioned, or who, to the knowledge of the offender, is going to perform the same, or returning from the performance thereof, is guilty of a misdemeanour, and liable to Punishment. imprisonment for any term less than two years. 32-33 V., c. 20, s. 36. re 2. Every one who wilfully disturbs, interrupts or disquiets Disturbing any assemblage of persons met for religious worship, or for congregation any moral, social or benevolent purpose, by profane discourse, ligious worby rude or indecent behaviour, or by making a noise, either ship. within the place of such meeting or so near it as to disturb the order or solemnity of the meeting, is guilty of a misdemeanour Punishment. and liable, on summary conviction, to a penalty not exceeding twenty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding one month, and may be arrested on view by any peace officer present at such meeting, or by any other person present, verbally authorized thereto by any justice of the peace present thereat, and detained until he can be brought before a justice of the peace. 32-33 V., c. 20, s. 37. OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. A. D. 1886. Sodomy. [24-25 V., c. 100, s. 61.] Attempts. Persons who-Seduce or attempt to seduce girls CHAPTER 157. An Act respecting Offences against Public Morals and HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Every one who commits the crime of buggery, either with a human being or with any other living creature, is guilty of felony, and liable to imprisonment for life. 32-33 V., c. 20, s. 63. 2. Every one who attempts to commit buggery, or assaults any person with intent to commit buggery, or who, being a male, indecently assaults any other male, is guilty of a misdemeanour, and liable to ten years' imprisonment. 32-33 V., c. 20, s. 64. 3. Every one who (a.) Seduces and has illicit connection with any girl of previously chaste character, or who attempts to have illicit under sixteen. connection with any girl of previously chaste character, being in either case of or above the age of fourteen (See 53 V., c. 37, s. 3.) years, and under the age of sixteen years, or Unlawfully have connection with idiot or imbecile women or girls. Punishment. Inducing resort for (b.) Unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of any female idiot or imbecile or insane 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-(added by 50-51 V. c. 48, s 1.) Is guilty of a misdemeanour, and liable to two years' imprisonment. 49 V., c. 52, s. 1 and s. 8, part. Repealed and new section substituted by 50-51 V., c. 48, s. 2. 5. Every one who, being the owner and occupier of any carnal illicit premises, or having, or acting, or assisting in the management knowledge. 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 [48-49 V., 69, s. 6.] C. |