2. No one shall be convicted of any offence in this section mentioned if he proves that the public good was served by the acts alleged to have been done.

3. It shall be a question of law whether the occasion of the sale, publishing, or exhibiting is such as might be for the public good, and whether there is evidence of excess beyond what the public good requires in the manner, extent or circumstances in, to or under which the sale, publishing or exhibition is made, so as to afford a justification or excuse therefor; but it shall be a question for the jury whether there is or is not such excess.

4. The motives of the seller, publisher or exhibitor shall in all cases be irrelevant.

Fine or sureties, section 958. Allegations in indictments, section 615. The corresponding article of the Imperial draft code covered obscene libels.

"We believe that this section as to obscene publications expresses the existing law, but it puts it into a much more definite form than at present. We do not, however, think it desirable to attempt any definition of obscene libel other than that conveyed by the expression itself."-Imp. Comm. Rep.

Sub-section (c,) section 207, post, covers offences which, in certain cases, would fall under sub-section (b) of this section 179.

See R. v. Bradlaugh, 3 Q. B. D. 607; Stephen's Cr. L. Art. 172; R. v. Adams, 16 Cox, 544, 22 Q. B. D. 66, Warb. Lead. Cas., 58; R. v. Saunders, 13 Cox, 116.

POSTING IMMORAL BOOKS, ETC.

180. Every one is guilty of an indictable offence and liable to two years' imprisonment who posts for transmission or delivery by or through the post-(a) Any obscene or immoral book, pamphlet, newspaper, picture, print, engraving, lithograph, photograph or other publication, matter or thing of an indecent or immoral character; or

(b) Any letter upon the outside or envelope of which, or any post card or post band or wrapper upon which, there are words, devices, matters or things of the character aforesaid; or

(c) Any letter or circular concerning schemes devised or intended to deceive and defraud the public or for the purpose of obtaining money under false pretenses. R. S. C. c. 35, s. 103. (Amended). 47-48 V. c. 76, s. 4, (Imp.).

Fine and sureties, section 958.

Indictment, section 616.

This section does not cover letters or writings of an immoral character. The posting to be indictable under this section must be made within Canada, but whether to be

delivered out of Canada or not is immaterial. R. v. McKay, 28 N. B. Rep. 564.

SEDUCTION OF GIRLS BETWEEN FOURTEEN AND SIXTEEN.

181. Every one is guilty of an indictable offence and liable to two years' imprisonment who seduces or has illicit connection with any girl of previously chaste character, of or above the age of fourteen years and under the age of sixteen years. R. S. C. c. 157, s. 3; 53 V. c. 37, s. 3. (Amended). 48-49 V. c. 69, s. 5, (Imp.).

Fine and sureties, section 958. Limitation, one year, section 551. One witness only not sufficient if not corroborated, section 684.

Indictment.-. . . . that A. B. on . . . . unlawfully seduced and had illicit connection with one C. D. a girl of previously chaste character, and then being of, (or above the age of) fourteen years and under the age of sixteen years.

As to evidence of age see R. v. Nicholls, 10 Cox, 476, R. v. Weaver, L. R. 2 C. C. R. 85; R. v. Wedge, 5 C. & P. 298.

If it is proved that the girl was under fourteen the prisoner must be acquitted. He may then be indicted under section 269.

Previous chastity, according to a case in the United States, is not to be presumed; it has to be proved. West v. The State, 1 Wis. 209; see Bishop, Stat. Cr. 639. A contrary opinion is held in Archbold. The United States case seems to be correct.

SEDUCTION UNDER PROMISE OF MARRIAGE.

182. Every one, above the age of twenty-one years, is guilty of an indictable offence and liable to two years' imprisonment who, under promise of marriage, seduces and has illicit connection with any unmarried female of previously chaste character and under twenty-one years of age. 50-51 V. c. 48, s. 2.

Fine, section 958. Limitation, one year, section 551.

One witness must be corroborated, section 684; subsequent marriage between the parties a good defence, section 184, (New).

Indictment.-That A. B. being then above the age of twenty-one years, did seduce under promise of marriage one C. D. then an unmarried female of previously chaste character and then being, the said C. D., under twenty-one years of age, and had illicit connection with her the said C. D.

As to proof of a previous chaste character see under preceding section. If the man is married and the girl knows it there can be no offence under this section. The People v. Alger, 1 Parker, 333; Bishop, Stat. Cr. 647.

SEDUCTION of Ward.

183. Every one is guilty of an indictable offence and liable to two years' imprisonment who, being a guardian, seduces or has illicit connection with his ward, and every one who seduces or has illicit connection with any woman or girl of previously chaste character and under the age of twenty-one years who is in his employment in a factory, mill or workshop, or who, being in a common employment with him in such factory, mill or workshop, is, in respect of her employment or work in such factory, mill or workshop, under or in any way subject to his control or direction. 53 V. c. 37, s. 4.

Fine, section 958; limitation one year, section 551. Evidence of one witness must be corroborated, section 684. Subsequent marriage between the parties a defence, section 184. Verdict of attempt in certain cases, section 711.

The offence by a guardian on his ward need not have been seduction. Illicit intercourse with his ward constitutes an offence even if his ward was not of a previously chaste character.

Indictment.-That on A. B. being the guardian of one C. D. unlawfully did seduce and have illicit connection. with the said C. D. his ward. (Add another count charging illicit connection only.)

The offence by an employer on his employee is seduction; the illicit connection must have been with a woman or girl of previously chaste character. Through an error, however, as the section reads, there is no offence whatever of the kind provided for.

SEDUCTION OF FEMALE PASSENGERS ON VESSELS.

184. Every one is guilty of an indictable offence and liable to a fine of our hundred dollars, or to one year's imprisonment, who, being the master or

other officer or a seaman or other person employed on board of any vessel, while such vessel is in any water within the jurisdiction of the Parliament of Canada, under promise of marriage, or by threats, or by the exercise of his authority, or by solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger.

2. The subsequent intermarriage of the seducer and the seduced is, if pleaded, a good defence to any indictment for any offence against this or either of the two next preceding sections, except in the case of a guardian seducing his ward, R. S. C. c. 65, s. 37.

Evidence of one witness must be corroborated, section 684, (New).

Verdict of attempt in certain cases, section 711.

UNLAWFULLY DEFILING WOMEN.

185. Every one is guilty of an indictable offence, and liable to two years' imprisonment with hard labour, who

(a) Procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or

(6) Inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; 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 withcut 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 no as thereby to 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.

Limitation, one year, section 551. Fine, section 958.

The 53 V. c. 39, cited under this section, is an Act respecting the Toronto Board of Trade.

Search warrant, section 574. Evidence of one witness must be corroborated, section 684. As to indictments charging false pretenses, fraud or fraudulent means, section. 616.

This section is a re-enactment of sections 2 & 3 of 48-49 V. c. 69, (Imp.) except (b) which is taken from section 7, chapter 157, R. S. C. Under (a) and (b), the woman or girl must be under twenty-one years of age.

at etc., unlawfully did procure (or attempt to procure) one C. D., a girl (or woman) then being, the said C. D., under the age of twenty-one years, and not a common prostitute or of known immoral character, to have unlawful carnal connection with another person (or other persons.)

that A. B., on

at

(B) unlawfully inveigled and enticed one C. D.,a girl (or woman) then being under the age of twenty-one years, she the said C. D. not being then a common prostitute or of known immoral character, to a house of ill-fame (or assignation) for the purpose of illicit intercourse and prostitution

at

(or, that on A. B. unlawfully concealed in a house of ill-fame (or assignation) one C. D., a girl (or woman) then being, the said C. D., under the age of twenty-one years and not a common prostitute or of known immoral character, and which said C. D. had been unlawfully inveigled and enticed to the said house of ill-fame (or assignation) for the purpose of illicit intercourse and prostitution).

(C.)

.

That the said A. B., on etc., at etc., unlawfully did procure (or attempt to procure) one C. D., a woman (or girl) to become a common prostitute: R. v. McNamara, 20 O. R. 489.

(D.)

That the said A. B., on etc., at etc., unlawfully did procure (or attempt to procure) C. D., a woman (or girl) to leave Canada with intent unlawfully that she might become an inmate of a brothel elsewhere.