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PROCURING A WOMAN TO LEAVE CANADA FOR PROSTITUTION ELSEWHERE.

On

at

A, unlawfully did procure (or attempt to procure "), B., a woman (or "girl") to leave Canada with intent that she should become an inmate of a brothel elsewhere.

46

PROCURING A WOMAN TO COME TO CANADA FOR PROSTITUTION

at

On A, unlawfully did procure (or “attempt to procure "), B., a woman (or “girl”) to come to Canada from abroad with intent that she should become an inmate of a brothel in Canada.

PROCURING A WOMAN'S DEFILEMENT BY THREATS.

On

at

A unlawfully and by threats (or "intimidation ") did procure (or "attempt to procure") B, a woman (or "girl") to have unlawful carnal connection within Canada (or "out of Canada")

PROCURING A WOMAN'S DEFILEMENT BY FALSE PRETENCES.

at

On A, by false pretences (or "false representations") unlawfully did procure B, a woman, (or “ girl "), not being a prostitute nor of known immoral character, to have unlawful carnal connection within Canada (or "out of Canada ").

DEFILING BY MEANS OF DRUGS.

On

at

A, unlawfully did apply (or "administer") to and cause to be taken by B, a woman, (or "girl"), a certain drug to wit, (or "some intoxicating liquor," or some other matter or thing, as the case may be), with intent to stupefy (or power") her the said B, so as thereby to enable the said A (or "a certain man, to wit, Ĉ,") to have unlawful carnal connection with her the said B.

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CONSPIRACY TO INDUCE A WOMAN TO COMMIT ADULTERY OR FORNICATION.

On

at

A, and B, unlawfully did conspire, combine, confederate, and agree together, unlawfully, and by false pretences, false representations, and other fraudulent means to induce G, a woman, to commit adultery (or "fornication") with D.

A COMMON NUISANCE ENDANGERING LIFE &c. (1)

on

At and on and at divers other days and times, before and since that date, A, unlawfully and injuriously did and he does yet continue to (sel out the particular act or omission complained of) and thereby unlawfully did commit and does continue to commit a common nuisance endangering the lives (or "safety" or "health") of the public.

A COMMON NUISANCE OCCASIONING PERSONAL INJURY. (2)

on

and on and at divers

At other days and times before and since that date, A, unlawfully, and injuriously

(1) See comments under articles 191 and 192, ante, pp. 115, 116. (2) See comments under articles 191 and 192, ante.

did, and he does yet continue to (Set out the particular act or omission complained of) and thereby unlawfully did commit and does continue to commit a common nuisance by which the public were and are obstructed in the exercise or enjoyment of a right common to all Her Majesty's subjects, to wit, (Set out the common right obstructed) and which common nuisance did at aforesaid on the

day of

occasion actual injury

to the person of B.

OR.

At

on

and on and at divers other days and times before and since that date, A, unlawfully and injuriously did and he does yet continue to (Set out the particular act or omission complained of) and thereby unlawfully did commit and does continue to commit a common nuisance, endangering the property (or "comfort") of the public and which common nuisance did at aforesaid on the day of

occasion actual injury to the person of B.

KEEPING A BAWDY-HOUSE.

At

on

and on and at divers other days and times since that date A and B, the wife of the said A, unlawfully did keep and maintain a disorderly house, to wit, a common bawdy-house by keeping and maintaining a certain house [or "room," or "set of rooms" etc.] situate and being for purposes of prostitution.

"

KEEPING A COMMON GAMING-HOUSE.

At

on

and on and at divers other days and times since that date, A, (or “‹ A, B, and C ") unlawfully did keep and maintain a disorderly house, to wit, a common gaming house by keeping and maintaining for gain a certain house [or "room" etc.] situate and being to which persons did and do resort for the purpose

of playing at games of chance.

OR.

(Commence as above) unlawfully did keep and maintain a disorderly house to wit, a common gaming house, by keeping (or " using ") for gain, a certain house (or "room" etc.), situate and being

for playing therein at games of chance and mixed games of chance and skill, and in which a bank was and is kept by one or more of the players exclusively of the others. (or in which, in the games played therein, the chances are not alike favorable to all the players).

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On reference to articles 538, 539 and 540, it will be seen that all the indictable offences mentioned in Title IV, and here tabulated, are triable by a Court of General or Quarter Sessions, which has concurrent jurisdiction, over them, with the Superior Courts of Criminal Jurisdiction.

See Article 958, post, empowering Tribunal, in addition to infliction of punishment, to order security for the convicted offender's future good behaviour, and also providing that on conviction for any offence punishable with imprisonment for five years or less the offender may be fined in addition to or in lieu of any punishment otherwise authorized.

(1) These offences, as well as being indictable, may also be tried summarily under articles 788 and 784, post (which see).

(2) Railway conductors, steamboat officers, station masters, etc., are obliged to arrest and prosecute offenders under this article and are liable to $100 fine, for neglect to do so.

Every company or other owner of a railway car or steamboat must keep a copy of the above article posted up conspicuously in their railway car or steamboat, and are liable, for neglect to do so, to $100 penalty.

No. ART.

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173 Disturbing public worship.
Indecent acts.

177

207
208

NON-INDICTABLE OFFENCES.

Art. 181

46

OFFENCE.

Playing or looking on in gaming-
house......

Wilfully preventing obstructing or
delaying officer entering disorderly
house

Vagrancy, including: Publicly expos
ing indecent show; begging; loiter-
ing; swearing, being drunk and
disorderly, etc., in street; defacing
signs, breaking windows, etc.; com-
mon prostitntion, night-walking,
etc.; keeping or being inmate of a
disorderly house, or frequenting dis-
orderly houses; living by gaming or
crime or by the avails of prostitu-
tion..

66 187

PUNISHMENT.

2033 Railway or steamboat officer neglect-
ing to arrest persons gambling in
their conveyances..

2035 Neglect of railway or steamboat com-
pany, etc., to post up in their con-
veyances article 203 against gambling. $100 penalty..

$50 fine, or one month in
default
$50 fine, or six months,
-with or without hard
labor, or both fine

and imprisonment.... Summary (2 justices)

$100 penalty, or two
months in default.

$100 fine and six months
with or without h. 1.

$100 penalty...

$50 fine, or six months
(with or without h.
1.), or both...

Seduction of girls under sixteen:

182 Seduction under promise of marriage:
183 Seduction of a ward, mill girl, &c :
Unlawfully defiling women :

185
186

defile-}

Parent or guardian procuring defile-
ment of ward or child:
House holders permitting defilement
girls on their premises:

TRIBUNAL

Summary.

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do

do

do

do

do

LIMITATION OF TIME FOR PROSECUTING OFFENCES

UNDER TITLE IV.

Summary.

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One year. (See Art. 551 (c).

do

do

do

do

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NOTE. See article 930, which prescribes by two years, all actions, suits or informations (not otherwise expressly limited). when the same are for the recovery of the penalties or forfeitures referred to in article 929 post.

TITLE V.

OFFENCES AGAINST THE PERSON AND
REPUTATION.

PART XVI.

DUTIES TENDING TO THE PRESERVATION OF LIFE.

209. Duty to provide necessaries of life.-Every one who has charge of any other person unable, by reasons either of detention, age, sickness, insanity or any other cause, to withdraw himself from such charge, and unable to provide himself with the necessaries of life, is, whether such charge is undertaken by him under any contract, or is imposed upon him by law, or by reason of his unlawful act, under a legal duty to supply that person with the necessaries of life, and is criminally responsible for omitting, without lawful excuse, to perform such duty if the death of such person is caused, or if his life is endangered, or his health has been or is likely to be permanently injured, by such omission.

210. Every one who as parent, guardian or head of a family is under a legal duty to provide necessaries for any child under the age of sixteen years, is criminally responsible for omitting, without lawful excuse, to do so while such child remains a member of his or her household, whether such child is helpless or not, if the death of such child is caused, or if his life is endangered or his health is or is likely to be permanently injured, by such omission.

2. Every one who is under a legal duty to provide necessaries for his wife, is criminally responsible for omitting, without lawful excuse, so to do, if the death of his wife is caused, or if her life is endangered, or her health is or is likely to be permanently injured by such

omission.

211. Every one who, as master or mistress, has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years is under a legal duty to provide the same, and is criminally responsible for omitting, without lawful excuse, to perform such duty, if the death of such servant or apprentice is caused, or if his life is endangered, or his health has been or is likely to be permanently injured, by such omission.

The Royal Commissioners in referring to the provisions of sections of their draft code nearly identical with the three foregoing articles, say: "As homicide and the infliction of bodily injury may be effected as well by an omission to discharge a legal duty as by an illegal act, it is necessary to begin by defining

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