See remarks under preceding sections. A verdict of attempt may be given, section 711. ESCAPE FROM LAWFUL CUSTODY. 164. Every one is guilty of an indictable offence and liable to two years' imprisonment who being in lawful custody other than as aforesaid on any criminal charge, escapes from such custody. See remarks under preceding sections of this chapter. ASSISTING ESCAPE IN CERTAIN CASES. 165. Every one is guilty of an indictable offence and liable to seven years' imprisonment who (a) Rescues any person or assists any person in escaping, or attempting to escape, from lawful custody, whether in prison or not, under sentence of death or imprisonment for life, or after conviction of, and before sentence for, or while in such custody, upon a charge of any crime punishable with death or imprisonment for life; or (b) Being a peace officer and having any such person in his lawful custody, or being an officer of any prison in which any such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. See remarks under preceding sections of this chapter. ASSISTING ESCAPE IN OTHER CASES. 166. Every one is guilty of an indictable offence and liable to five years' imprisonment who (a) Rescues any person, or assists any person in escaping, or attempting to escape, from lawful custody, whether in prison or not, under a sentence of imprisonment for any term less than life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with imprisonment for a term less than life; or (b) Being a peace officer having any such person in his lawful custody, or being an officer of any prison in which such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. Fine and sureties, section 958. See remarks under preceding sections. The Code does not provide for the offence of a negligent escape by the sheriff or gaoler as section 7 of the repealed statute did as to escape from penitentiaries. AIDING ESCAPE FROM PRISON. 167. Every one is guilty of an indictable offence and liable to two years' imprisonment who with intent to facilitate the escape of any prisoner lawfully imprisoned conveys, or causes to be conveyed, anything into any prison. R. S. C. c. 155, s. 6; 28-29 V. c. 126, s. 37, (Imp.). See remarks under preceding sections. Indictment. The jurors for our Lady the Queen present, that before and at the time of the committing of the offence hereinafter mentioned, to wit, on the , in the year of our Lord prisoner, and in lawful custody of one mon gaol in and for the county of و day of one A. B. was a W. S., in the com ; and that E. F afterwards and whilst the said A. B. was such prisoner and in custody as aforesaid, unlawfully did convey and cause to be conveyed into the gaol aforesaid two steel files, being instruments proper to facilitate the escape of prisoners, and the said files, being such instruments as aforesaid, then unlawfully did deliver and cause to be delivered to the said A. B. then being such prisoner in the lawful custody of W. S. as aforesaid, without the consent or privity of the said keeper of the said gaol; which said files being such instruments as aforesaid, were so conveyed into the said gaol, and delivered to the said A. B. by the said E. F. as aforesaid, with the intent to aid and assist the said A. B., so being such prisoner and in custody as aforesaid, to escape from and out of the said gaol, and to facilitate his escape. UNLAWFUL DISCHARGE OF PRISONER. 168. Every one is guilty of an indictable offence and liable to two years' imprisonment, who knowingly and unlawfully, under colour of any pretended authority, directs or procures the discharge of any prisoner not entitled to be so discharged, and the person so discharged shall be held to have escaped. R. S. C. c. 155, s. 8. See remarks under preceding sections. PUNISHMENT. 169. Every one who escapes from custody shall, on being retaken, serve, in the prison to which he was sentenced, the remainder of his term unexpired at the time of his escape, in 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. R. S. C. c. 155, s. 11. CRIM. LAW-8 TITLE IV. OFFENCES AGAINST RELIGION, MORALS AND PUBLIC CONVENIENCE. PART XII. OFFENCES AGAINST RELIGION. (New). 170. Every one is guilty of an indictable offence and liable to one year's imprisonment who publishes any blasphemous libel. 2. Whether any particular published matter is a blasphemous libel or not is a question of fact. But no one is guilty of a blasphemous libel for expressing in good faith and in decent language, or attempting to establish by arguments used in good faith and conveyed in decent language, any opinion whatever upon any religious subject. Fine and sureties, section 958; special enactment as to indictments for libel, section 615. The truth of a blasphemous libel cannot be pleaded as a defence: see cases under section 123, ante; also R. v. Hicklin, L. R. 3 Q. B. 360, and Archbold, 813. A blasphemous libel is triable at Quarter Sessions, though not a defamatory nor a seditious libel, section 540. This is new law. "This section provides a punishment for blasphemous libels, which offence we deem it inexpedient to define otherwise than by the use of that expression. As, however, we consider that the essence of the offence (regarded as a subject for criminal punishment) lies in the outrage which it inflicts upon the religious feelings of the community and not in the expression of erroneous opinions, we have added a proviso to the effect that no one shall be convicted of a blasphemous libel only for expressing in good faith and decent language any opinion whatever upon any religious subject. "We are informed that the law was stated by Mr. Justice Coleridge to this effect in the case of R. v. Pooley, tried at Bodmin in 1857. We are not aware of any later authority on the subject."-Imp. Comm. Rep. OBSTRUCTING CLERGYMEN, ETC., ETC. 171. Everyone is guilty of an indictable offence and liable to two years' imprisonment who (a) By threats or force, unlawfully obstructs or prevents, or endeavours to obstruct or prevent, any clergyman or other minister in or from celebrating divine service, or otherwise officiating in any church, chapel, meeting-house, school-house or other place for divine worship, or in or from the performance of his duty in the lawful burial of the dead in any church-yard or other burial place. 24-25 V. c. 100, s. 36, (Imp.). 172. Every one is guilty of an indictable offence and liable to two years' imprisonment who strikes or offers any violence to, or upon any civil process or under the pretense 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 the next preceding section mentioned, or who, to the knowledge of the offender, is going to perform the same, or returning from the performance thereof. These two sections are a re-enactment of s. 1, c. 156, R. S. C. Fine or sureties, section 958. The word school-house in the first section is not in the English Act, and the words for divine worship are substituted for of divine worship. In the Revised Statutes it was "used for." Indictment for obstructing a clergyman in the discharge of his duty- unlawfully did by force (threats or force) obstruct and prevent one J. N., a clergyman, then being the vicar of the parish of B., in the county of M., from cele-brating divine service in the parish church of the said parish (or in the performance of his duty in the lawful burial of the dead in the church-yard of the parish church. of the said parish.) Prove that J. N. is a clergyman and vicar of the parish of B., as stated in the indictment; that the defendant by force obstructed and prevented him from celebrating divine service in the parish church, etc., etc., or assisted in doing so: Archbold. Indictment for arresting a clergyman about to engage in the performance of divine service.— unlawfully did arrest one J. N., a clergyman, upon certain civil process, whilst he, the said J. N., as such clergyman as aforesaid, was going to perform divine service, he the said (defendant) then well knowing that the said J. N. was a clergyman, and was so going to perform divine service as aforesaid. DISTURBING PUBLIC WORSHIP. 173. Every one is guilty of an offence and liable, on summary conviction, to a penalty not exceeding fifty dollars and costs, and in default of payment to one month's imprisonment, who wilfully disturbs, interrupts or disquiets any assemblage of persons met for religious worship, or for any moral, social or benevolent purpose, by profane discourse, by rude or indecent behaviour, or by making a noise, either within the place of such meeting or so near it as to disturb the order or solemnity of the meeting, R. S. C. c. 156, s. 2. The Imperial Statutes corresponding to this clause are 52 Geo. III. c. 155, s. 12; 15-16 V. c. 36; 23-24 V. c. 32. The offences against it are punishable by summary conviction. It seems to be based on c. 92, s. 18, C. S. Can. and c. 22, s. 3. C. S. L. C. PART XIII. OFFENCES AGAINST MORALITY. UNNATURAL OFFENCES. 74. Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other living creature. R. S. C. c. 157, s. 1. 24-25 V. c. 100, s. 61, (Imp.). Indictment.- in and upon one J. N. did make an assault, and then wickedly, and against the order of nature had a venereal affair with the said J. N., and then carnally knew him, the said J. N., and then wickedly, and against the order of nature, with the said J. N., did commit and perpetrate that detestable and abominable crime of buggery. Sodomy or buggery is a detestable and abominable sin, amongst Christians not to be named, committed by carnal |