66. In every case in which it is treason to conspire with any person for any purpose the act of so conspiring, and every overt act of any such conspiracy, is an overt act of treason. 25 Edw. III, st. 5, c 2.

Limitation, three years, section 551a, and see sub-section. 2 of section 551. Not triable at quarter sessions, section 540. Compulsion by threats no excuse, section 12. Requisites of indictment section 614.

Special provisions as to trial for treason, section 658.

Evidence of one witness must be corroborated, section 684. Sections 6 and 7 of chapter 146 Rev. Stat. stand unrepealed.

See Archbold, 755; Stephen's Crim. L. 32; Sir John Kelyng's Crown Cases, p. 7, and a treatise on treason printed therein; Foster's Cr. Law, discourse on High Treason, 183.

Also, R. v. Gallagher, 15 Cox, 291, Warb. Lead. Cas. 39; R. v. Deasy, 15 Cox, 334; Mulcahy v. R. L. R. 3 H. L. 306; R. v. Riel, 16 Cox, 48, 10 App. Cas. 675; R. v. Davitt, 11 Cox, 676.

ACCESSORIES AFTER THE FACT.-(New).

67. Every one is guilty of an indictable offence and liable to two years' imprisonment who

(a) Becomes an accessory after the fact to treason; or

(6) Knowing that any person is about to commit treason does not, with all reasonable despatch, give information thereof to a justice of the peace, or use other reasonable endeavours to prevent the commission of the same.

Not triable at quarter sessions, section 540. Requisites of indictment, section 614. Special provisions for trial, section 658. This section covers the common law offence of misprision of treason.

LEVYING WAR, ETC., ETC.

68. Every subject or citizen of any foreign state or country at peace with Her Majesty, who

(a) Is or continues in arms against Her Majesty within Canada; or

(6) Commits any act of hostility therein; or

(c) Enters Canada with intent to levy war against Her Majesty, or to

commit any indictable offence therein for which any person would, in Canada, be liable to suffer death; and

Every subject of Her Majesty within Canada who

(d) Levies war against Her Majesty in company with any of the subjects or citizens of any foreign state or country at peace with Her Majesty; or

(e) Enters Canada in company with any such subjects or citizens with intent to levy war against Her Majesty, or to commit any such offence therein; or

(f) With intent to aid and assist, joins himself to any person who has entered Canada with intent to levy war against Her Majesty, or to commit any such offence therein-is guilty of an indictable offence and liable to suffer death. R. S. C. c. 146, ss. 6 & 7.

Not triable at quarter sessions, section 540. Special provisions as to indictment, section 614. Sections 6 and 7 of chapter 146, Revised Statutes, stand unrepealed. They cover the same offences as the above section 68, but the punishment is discretionary, and they may be tried by court-martial. Every subject of Her Majesty within Canada who enters Canada with any foreigner with intent to commit any capital offence is, by this enactment, liable to suffer death.

TREASONABLE OFFENCES.

69. Every one is guilty of an indictable offence and liable to imprisonment for life who forms any of the intentions hereinafter mentioned, and manifests any such intention by conspiring with any person to carry it into effect, or by any other overt act, or by publishing any printing or writing; that is to say

(a) An intention to depose Her Majesty from the style, honour and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of Her Majesty's dominions or countries;

(b) An intention to levy war against Her Majesty within any part of the said United Kingdom, or of Canada, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Houses, or either House of Parliament of the United Kingdom or of Canada;

(c) An intention to move or stir any foreigner or stranger with force to invade the said United Kingdom, or Canada, or any other of Her Majesty's dominions or countries under the authority of Her Majesty. R. S. C. c. 146, 8. 3; 11-12 V. c. 12, (Imp.).

Not triable at quarter sessions, section 540. Limitation, 3 years, section 551. See sub-section 2 of section 551. Special provisions, section 614. See annotation under section 65, ante.

CONSPIRACY TO INTIMIDATE LEGISLATURE.

70. Every one is guilty of an indictable offence and liable to fourteen years' imprisonment who confederates, combines or conspires with any person

to do any act of violence in order to intimidate, or to put any force or constraint upon, any Legislative Council, Legislative Assembly or House of Assembly. R. S. C. c. 146, s. 4.

Not triable at quarter sessions, section 540. Special provisions, section 614.

This enactment does not apply to conspiracies to intimidate the Senate or House of Commons. They are covered partly by sections 65 and 69, ante.

ASSAULTS ON THE QUEEN.

71. Every one is guilty of an indictable offence and liable to seven years imprisonment, and to be whipped once, twice or thrice as the court directs, who

(a) Wilfully produces, or has near Her Majesty, any arm or destructive or dangerous thing with intent to use the same to injure the person of, or to alarm, Her Majesty; or

(6) Wilfully and with intent to alarm or to injure Her Majesty, or to break the public peace:

(i) Points, aims or presents at or near Her Majesty any firearm, loaded or not, or any other kind of arm;

(ii) Discharges at or near Her Majesty any loaded arm;

(iii) Discharges any explosive material near Her Majesty;

(iv) Strikes, or strikes at, Her Majesty in any manner whatever;

(v) Throws anything at or upon Her Majesty; or

(e) Attempts to do any of the things specified in paragraph (b) of this section.

5 & 6 V. c. 51, (Imp.). Not triable at quarter sessions, section 540. Special provisions, section 614. As to whipping, section 957.

INCITING TO MUTINY. (New.)

72. Every one is guilty of an indictable offence and liable to imprisonment for life, who, for any traitorous or mutinous purpose, endeavours to seduce any person serving in Her Majesty's forces by sea or land from his duty and allegiance to Her Majesty, or to incite or stir up any such person to commit any traitorous or mutinous practice.

37 Geo. III. c. 10, (Imp.); 7 W. IV. & 1 V. c. 91,(Imp.). Not triable at quarter sessions, section 540. Special provisions, section 614; R. v. Fuller, 1 B. & P. 180; Archbold, 820; R. v. Tierney, R. & R. 74.

ENTICING SOLDIERS OR SEAMEN TO DESERT.

73. Every one is guilty of an indictable offence who, not being an enlisted soldier in Her Majesty's service, or a seaman in Her Majesty's naval service

CRIM. LAW--4

(a) By words or with money, or by any other means whatsoever, directly or indirectly persuades or procures, or goes about or endeavours to persuade, prevail on or procure, any such seaman or soldier to desert from or leave Her Majesty's military or naval service; or

(b) Conceals, receives or assists any deserter from Her Majesty's military or naval service, knowing him to be such deserter.

2. The offender may be prosecuted by indictment, or summarily before two justices of the peace. In the former case he is liable to fine and imprisonment in the discretion of the court, and in the latter to a penalty not exceeding two hundred dollars, and not less than eighty dollars and costs, and in default of payment, to imprisonment for any term not exceeding six months. c. 169, ss. 1 & 4; 6 Geo. IV. c. 5, (Imp.).

R. S. C.

Triable at quarter sessions. Section 614 applies, though through error. Arrest of suspected deserters, section 561.

RESISTING WARRANT, ETC., Etc.

74. Every one who resists the execution of any warrant authorizing the breaking open of any building to search for any deserter from Her Majesty's military or naval service is guilty of an offence and liable, on summary conviction before two justices of the peace, to a penalty of eighty dollars.

c. 169, s. 7.

Arrest of deserters, section 561.

ENTICING MILITIA OR MOUNTED POLICE MEN TO DESERT.

R. S. C.

75. Every one is guilty of an offence and liable, on summary conviction, to six months' imprisonment with or without hard labour, who—

(a) Persuades any man who has been enlisted to serve in any corps of militia, or who is a member of, or has engaged to serve in the North-west mounted police force, to desert, or attempts to procure or persuade any such man to desert; or

(b) Knowing that any such man is about to desert, aids or assists him in deserting; or

(c) Knowing that any such man is a deserter, conceals such man or aids or assists in his rescue. R. S. C. c. 41, s. 109; 52 V. c. 25, s. 4.

INTERPRETATION OF TWO NEXT SECTIONS.

76. In the two following sections, unless the context otherwise requires

(a) Any reference to a place belonging to Her Majesty includes a place belonging to any department of the Government of the United Kingdom, or of the Government of Canada, or of any province, whether the place is or is not actually vested in Her Majesty ;

(b) Expressions referring to communications include any communication, whether in whole or in part, and whether the document, sketch, plan, model or information itself or the substance or effect thereof only be communicated; (c) The expression "document" includes part of a document; (d) The expression "model" includes design, pattern and specimen;

(e) The expression "sketch" includes any photograph or other mode of expression of any place or thing;

(f) The expression "office under Her Majesty," includes any office or employment in or under any department of the Government of the United Kingdom, or of the Government of Canada or of any province. 53 V. c. 10, s. 5.

Those three sections are re-enactments of the Imperial "Official Secrets Act of 1889" 52 & 53 V. c. 52.

UNLAWFULLY OBTAINING OFFICIAL INFORMATION.

77. Every one is guilty of an indictable offence and liable to imprisonment for one year, or to a fine not exceeding one hundred dollars, or to both imprisonment and fine, who

(a) For the purpose of wrongfully obtaining information

(i) Enters or is in any part of a place in Canada belonging to Her Majesty, being a fortress, arsenal, factory, dockyard, camp, ship, office or other like place, in which part he is not entitled to be; or

(ii) When lawfully or unlawfully in any such place as aforesaid either obtains any document, sketch, plan, model or knowledge of anything which he is not entitled to obtain, or takes without lawful authority any sketch or plan; or

(iii) When outside any fortress, arsenal, factory, dockyard or camp in Canada, belonging to Her Majesty, takes, or attempts to take without authority given by or on behalf of Her Majesty, any sketch or plan of that fortress, arsenal, factory, dockyard or camp; or

(b) Knowingly having possession of or control over any such document, sketch, plan, model, or knowledge as has been obtained or taken by means of any act which constitutes an offence against this and the following section, at any time wilfully and without lawful authority communicates or attempts to communicate the same to any person to whom the same ought not, in the interests of the state, to be communicated at that time; or

(c) After having been intrusted in confidence by some officer under Her Majesty with any document, sketch, plan, model or information relating to any such place as aforesaid, or to the naval or military affairs of Her Majesty, wilfully, and in breach of such confidence, communicates the same when, in the interests of the state, it ought not to be communicated; or

(d) Having possession of any document relating to any fortress, arsenal, factory, dockyard, camp, ship, office or other like place belonging to Her Majesty, or to the naval or military affairs of Her Majesty, in whatever manner the same has been obtained or taken, at any time wilfully communicates the same to any person to whom he knows the same ought not, in the interests of the state, to be communicated at the time;

2. Every one who commits any such offence intending to communicate to a foreign state any information, document, sketch, plan, model or knowledge obtained or taken by him, or intrusted to him as aforesaid, or communicates the same to any agent of a foreign state, is guilty of an indictable offence and liable to imprisonment for life. 53 V. c. 10, s. 1.