Seducing female passengers on vessels. Marriage a defence. Parent or guardian procuring or party to defile ment of girl or woman. Penalty. Penalty. Procuring girl for defilement. Excluding public from court room.]-See sec. 645. Previously chaste.]-The burden of proof of previous unchastity is upon the accused. Section 210. 214. Every one is guilty of an indictable offence and liable to a fine of four 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 last preceding sections, except in the case of a guardian seducing his ward. 55-56 V., c. 29, s. 184. Excluding public from court room.]—See sec. 645. 215. 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. 55-56 V., c. 29, s. 186. Limitation.]-A prosecution under this section must be commenced within one year from the commission of the offence. Section 1140 (c). Excluding public from court room.]-See sec. 645. 216. 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, house of girl for prostitution. Canada for the purpose. (b) inveigles or entices any such woman or girl to a house Enticing of ill-fame or assignation for the purpose of illicit inter- girl to course or prostitution, or knowingly conceals in such ill-fame. house any such woman or girl so inveigled or enticed; or, (c) procures, or attempts to procure, any woman or girl to Procuring become, either within or without Canada, a common prostitute; or, (d) procures, or attempts to procure, any woman or girl to To leave 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 To come 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 To leave her leave her usual place of abode in Canada, such place not abode for 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 pro- Carnal concure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or, into Canada for the purpose. the purpose. nection by threats. (h) by false pretenses or false representations procures any By false woman or girl, not being a common prostitute or of known pretenses. immoral character, to have any unlawful carnal connection, either within or without Canada; or, (i) applies, administers to, or causes to be taken by any Administerwoman or girl any drug, intoxicating liquor, matter, or ing drugs for the purpose. thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl. 55-56 V., c. 29, s. 185. Form of indictment under sub-sec. (a).]—That C.D. on the day of in the year by falsely pretending and representing unto one A.B., that here set out the false pretences or representations) did procure the said A.B., to have illicit carnal connection with (or to the jurors aforesaid unknown) she, the said A.B., at the time of such procurement, being then a woman (or girl) under the age of twenty-one years, to wit, of the age of a certain man named the truth and in fact (negative the pretences or representations). whereas A conviction for "unlawfully procuring or attempting to procure" a girl to become a prostitute. is void for duplicitly and for uncertainty. R. v. Gibson (1898), 2 Can. Cr. Cas. 302. Limitation.]-Prosecutions for offences under this section must be brought within one year from the commission of the offence. Section 1140 (c). Corroboration.]-No person accused of an offence under this section shall be convicted upon the evidence of one witness unless such witness is corroborated in some material particular by evidence implicating the accused. Section 1002. In R. v. McNamara (1891), 20 O.R. 489, it was held that on an indictment for attempting to procure a woman to become a prostitute, it is admissible to prove in corroboration of the woman's evidence, that the house to which the prisoner had taken her had the general reputation of being a bawdy house; (Galt, C.J., Rose and MacMahon, JJ.,). Mr. Justice Rose there adopts the opinion of O'Neall, J., in State v. McDowell, Dudley's South Carolina Law & Eq. Reports 346, in which that judge propounds a much more extensive rule and says: "Every corrupting fact which can be supplied by general proof should be excluded. The general proof here is just as satisfactory as the most direct proof can be. And in a case in which character is its very gist I am willing to make that which everybody says, the evidence on which a jury may, if they choose, convict defendants for keeping a bawdy house." Dudley S.C.L. & Eq. R. 346. With reference to the opinion just quoted, Osler, J.A., said in The Queen v. St. Clair, 3 Can. Cr. Cas. 551, that he was not prepared to concur with it unreservedly. Search for women in house of ill-fame.]-See sec. 640. Excluding public from court room.]-See sec. 645. By false pretences.]—Sub-section (h) declares it to be an offence by false pretences or false representations to procure any unlawful carnal connection with the exception therein stated. It will be observed that the words "with any other person or persons" which are used in sub-sec. (a) are not used in sub-sec. (h). Under a similar English statute a conviction was upheld under the false pretence clause for procuring the unlawful connection between the prosecutrix and the accused himself upon the false representation of the accused that he was not a married man. R. v. Williams (1898), 33 Eng. L.J. 253; R. v. Jones, [1898] 1 Q.B. 4. Inducing to come from abroad.]-Upon a charge of procuring a girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada, the acts of inducement must be shewn to have been committed in Canada to give jurisdiction to a Canadian court, unless the accused is a British subject. Re Gertie Johnson, 8 Can. Cr. Cas. 243. Householder 217. Every one who, being the owner or occupier of any permitting premises, or having, or acting or assisting in, the management defilement. or control thereof, induces or knowingly suffers any girl under Penalty. Penalty. the age of eighteen years 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 is liable, (a) to ten years' imprisonment if such girl is under the age of fourteen years; (b) to two years' imprisonment if such girl is of or above the age of fourteen years. 63-64 V., c. 46, s. 3. Evidence.]-On a charge of allowing a girl under 18 to be upon premises for immoral purposes, the evidence of the girl proving that she shared with the proprietor the money she obtained by prostitution there carried on, is sufficiently corroborated under Code sec. 1002, by the evidence of another witness tending to shew that the place was a bawdy house. The King v. Brindley (1903), 6 Can. Cr. Cas. 196. A father was convicted under a similar section of the English Criminal Law Amendment Act, 1885, of knowingly suffering his daughter under sixteen to be on the premises for the purpose mentioned, although occupied by the father and daughter as their home. R. v. Webster, 16 Q.B.D. 134, 15 Cox C.C. 775; but a mother was held not to be guilty under it where, for the purpose of obtaining conclusive evidence against a man who had seduced her daughter, she permitted him to come to her house to repeat his unlawful intercourse. R. v. Merthyr Tydfil Justices, 10 Times L.R. 375. Corroboration required.]—See sec. 1002. Limitation.]-The prosecution must be commenced within one year from the commission of the offence. Section 1140 (c). Excluding public from court room.]—See sec. 645. 218. Every one is guilty of an indictable offence and liable Conspiracy to two years' imprisonment who conspires with any other person to defile. by false pretenses, or false representations or other fraudulent means to induce any woman to commit adultery or fornication. 55-56 V., c. 29, s. 188. Corroboration.]-See sec. 1002. Excluding public from court room.]-See sec. 645. idiots. 219. Every one is guilty of an indictable offence and liable Carnally to four years' imprisonment who unlawfully and carnally knowing 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 where the offender knew or had good reason to believe, at the time of the offence, that the woman or girl was an idiot, or imbecile, or insane or deaf and dumb. 63-64 V., c. 46, s. 3. It has been held that, in the case of alleged rape on an idiot or lunatic the mere proof of connection will not warrant the case being left to the jury; that there must be some evidence that it was without her consent, e.g., that she was incapable, from imbecility, 'of expressing assent or dissent; and that if she consent from mere animal passion it is not rape. R. v. Connolly (1867), 26 U.C.Q.B. 317. Corroboration.]-See sec. 1002. Excluding public from court room.]—See sec. 645. 220. Every one is guilty of an indictable offence and liable Penalty. to a penalty not exceeding one hundred dollars and not less than ten dollars, or six months' imprisonment, 10 CRIM. CODE. Keeping habitation for prostitution of Indian woinen. Prostitution therein. Frequenting the same. Who deemed keeper. Common nuisance defined. (a) who, being the keeper of any house, tent or wigwam, (c) who, being an unenfranchised Indian woman, keeps, 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. 55-56 V., c. 29, s. 190. Corroboration.]-See sec. 1002. Excluding public from court room.]-See sec. 645. Nuisances. 221. 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 His Majesty's subjects. 55-56 V., c. 29, s. 191. Common law.]-This section is a statement of the common law in regard to indictable nuisances. The injury or annoyance must be to the whole community in general to constitute a common (i.e., a public) nuisance, and whether or not the number of persons affected is sufficient to make it a common nuisance is a question for the jury. R. v. White, 1 Burr. 337. The omission of an electric railway company operating their cars upon a highway to use reasonable precautions so as to avoid endangering the lives of the public using the highway in common with the company, is a breach of legal duty constituting a common nuisance for which an indictment will lie. R. v. Toronto Ry. Co. (1900), 4 Can. Cr. Cas. 4, 10 Can. Cr. Cas. 106. The carrying on of an offensive trade is indictable where it is destructive of the health of the neighbourhood or renders the houses untenantable. R. v. Davey, 5 Esp. 217; R. v. Neil, 2 C. & P. 485. But if a noxious trade is already established in a place remote from habitations and public roads, and persons afterwards come and build houses within the reach of its noxious effects; or if a public road be made so near to it that the carrying |