on

that A. B., at .

unlawfully procured (or attempted to

procure) one C. D. a woman (or girl) to come to Canada from abroad with intent unlawfully that she might become an inmate of a brothel in Canada.

lawfully procured (or attempted to procure) C. D., a woman (or girl) to leave her usual place of abode in Canada, to wit, at (naming her abode) such place not being a brothel, with intent that she should for the purposes of prostitution become an inmate of a brothel.

(G.). ... That A. B. on etc., at etc., unlawfully by threats (or intimidation) procured (or attempted to procure) C. D., a woman (or girl) to have unlawful carnal connection with men.

(H.) . That A. B. by false pretenses (or false representations) unlawfully procured C. D., a woman (or girl) not being a common prostitute or of known immoral character, to have unlawful carnal connection with men.

(I.) That A. B. on, etc., at etc., unlawfully applied to (or administered to, or caused to be taken by) C. D., a woman (or girl) a certain drug, intoxicating liquor (or matter or thing) with intent to stupefy (or overpower) her so as thereby to enable a man to have unlawful carnal connection with her the said C. D.

PARENT OR GUARDIAN PROCURING Defilement of Ward.

186. Every one who, being the parent or guardian of any girl or

woman,

(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.

Limitation, one year, section 551. One witness must be corroborated, section 684.

A stranger to a girl under fourteen is liable to imprisonment for life if he procures such girl to have carnal connection with any man: sections 61-269; but a mother who so procures her child to have carnal connection with a man. is punishable by fourteen years only. And, in the case of a girl between fourteen and sixteen, the mother who procures her prostitution is punishable by five years whilst a stranger is liable only to two; sections 61-181. This last provision is not a wrong one taken by itself, but to find it in the same section with the first one shows with what carelessness this legislation has been enacted. For a mother to procure the prostitution of her daughter is less criminal than if done by a stranger to her daughter, if that daughter is less than fourteen years old. But when the daughter is over fourteen and less than sixteen, the procurement of her prostitution by her mother is more criminal than if done by a stranger! and a guardian who is accessory to the prostitution of his seventeen years old ward is liable to five years, but only to two years if he himself seduces that ward: ss. 183-186.

HOUSEHOLDER PERMITTING DEBAUCHERY ON HIS PREMISES,

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; 48-49 V. c. 69, s. 6, (Imp.).

Limitation, one year, section 551. One witness must be corroborated, section 684.

A proviso in the Imperial Act, and in chapter 157 of the R. S. C. s. 5, making it a sufficient defence if it appears that the accused had reasonable cause to believe that the girl was above sixteen, has been struck out: see R. v. Packer, 16 Cox, 57; R. v. Prince, 13 Cox, 138, Warb. Lead. Cas. 89.

the

then

Indictment under (a) . . . . that A. B., on being the owner and occupier (the Imperial statute has (“or occupier”) (or having, or acting, or assisting in the management or control) of certain premises, to wit, a house (describe it by street and number, or as minutely as possible) did unlawfully induce (or unlawfully and knowingly suffered) a certain girl, to wit, one C. D., then being under age of fourteen years, to resort to (or to be in, or upon) the said premises for the purpose of being unlawfully and carnally known by a man named W. M. (or by a man) or by men generally. Vary in different counts. If it is proved that the girl is above fourteen, but under sixteen, the conviction may be under (b): see R. v. Webster, 16 Q. B. D. 136; R. v. Barrett, L. & C. 263, and R. v. Stannard, L. & C.. 349. If it is proved that the girl is above sixteen the conviction may be, if the evidence warrants it, under section 185.

CONSPIRACY TO DEFILE. (New).

188. Every one is guilty of an indictable offence and liable 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.

Fine, section 958; requirements of indictment, section 616; one witness must be corroborated, section 684: See R. v. Lord Grey, 3 St. Tr. 519; R. v. Mears, 2 Den. 79; R. v. Delaval, 3 Burr. 1435. Adultery is an indictable offence in New Brunswick: R. v. Egre, 1 P. & B. 189; R. v. Ellis, 22 N. B. Rep. 440. But it being unlawful, though not indictable in the other provinces, the above section has. only the effect of reducing the punishment which, on an indictment at common law, for such conspiracy would bepunishable by five years under section 951.

Indictment for conspiracy to procure a woman to· have illicit connection with a man. That A. B. and C. D., being persons of wicked and depraved mind and disposition, and contriving, craftily and deceitfully, to debauch: and corrupt the morals of E. F., a woman, on the day

CRIM. LAW-9

of

did conspire, combine, confederate,

and agree together, wickedly, knowingly, designedly, and unlawfully, by false pretenses, false representations, and other fraudulent means, to induce the said E. F. to have illicit carnal connection and commit fornication with a man, whose name is to the jurors unknown, (or with A. D.).

CARNALLY KNOWING IDIOTS.

189. Every one is guilty of an indictable offence and liable to four years' imprisonment who unlawfully and carnally 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. 48-49 V. c. 69, s. 5, (Imp.).

The words in italics are new: see R. v. Berry, 1 Q. B. D. 447. Fine, section 958; one witness must be corroborated, section 684; verdict of attempt in certain cases when full offence charged, section 711.

at

unlawfully did indecently assault, and unlawfully and carnally did know (or did attempt to have unlawful carnal knowledge of) a certain female idiot called C. D. (or imbecile and insane woman or girl) called C. D. (or deaf and dumb woman or girl) called C. D. under circumstances that do not amount to rape, he, the said A. B., well knowing at the time of the said offence that the said woman (or girl) was an idiot, or (as the case may be.)

See R. v. Pressy, 10 Cox, 635, and R. v. Arnold, 1 Russ. 9.

Consent by the female is not a defence. A verdict of common assault or indecent assault may be given, section 713, but not a verdict of attempt to commit rape. If rape or attempt to commit rape is proved the judge may order that the offender be indicted accordingly.

PROSTITUTION OF INDIAN WOMEN.

190. Every one is guilty of an indictable offence and liable to a penalty not exceeding one hundred dollars and not less 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, ss. 106 & 107. 50-51 V. c. 33, s. 11.

Section 684, post, applies. Under c. 33, s. 11, 50-51 V. the enactinent contained in this section applied only to Indians. The word "unenfranchised" is new.

PART XIV.

NUISANCES.

COMMON NUISANCE.

191. A common nuisance is an unlawful act or omission to discharge a legal duty, which act or omission endangers the lives, safety, health, property or comfort of the public, or by which the public are obstructed in the exercise or enjoyment of any right common to all Her Majesty's subjects.

4 Blac. Comm. 166; 1 Russ. 421; Stephen's Cr. L. Art. 176 et seq, and cases there cited; R. v. Moore, 3 B. & C. 184; R. v. Medley, 6 C. & P. 292; R. v. Henson, Dears. 24; R. v. Lister, Dears. & B. 209; R. v. Stephens, L. R. 1 Q. B. 702; R. v. Brewster, 8 U. C. C. P. 208; Hillyard v. G. T. R. 80. R. 583; R. v. Dunlop, 11 L. C. J. 186; R. v. Bruce, 10 L. C. R. 117; R. v. Patton, 13 L. C. R. 311; R. v. Brice, 15 Q. L. R. 147; Brown & Gugy, 14 L. C. R. 213; R. v. The Mayor of St. John, Chipman MSS. 155; 3 Burn's Just. v. Nuisance, 1026, 1068.