lishes any false news or tale whereby injury or mischief is or is likely to be occasioned to any public interest. 55-56 V., c. 29, s. 126. Offence at common law.]-The ancient statute, 3 Edw. I., ch. 34, enacted as follows:-"Forasmuch as there have been oftentimes found in the country devisers of tales whereby discord, or occasion of discord, hath many times arisen between the King and his people, or great men of the realm, for the damage that hath and may thereof ensue it is commanded, that, from henceforth, none be so hardy to tell or publish any false news or tales, whereby discord or occasion of discord or slander may grow between the King and his people, or the great men of the realm; and he that doth so shall be taken and kept in prison until he hath brought him into the court which was the first author of the tale." This statute proceeds on the idea, that, by the common law, as well understood at the time, and enforced by the courts, the author of the tale was punishable by indictment-as undoubtedly was the propagator of it also and the statute merely provided a means by which he should be effectually discovered and brought to justice. Bishop on Criminal Law, 5th ed. (1872), par. 473. In 1778 Alexander Scott was indicted at the Old Bailey "for that he on the 23rd of April last, unlawfully, wickedly, and maliciously did publish false news, whereby discord, or occasion of discord, might grow between our lord the King and his people, or the great men of the realm, by publishing a certain printed paper, containing such false news, which said printed paper is of the tenor following:-"In pursuance of His Majesty's order in council to me directed, these are to give public notice, that war with France will be proclaimed on Friday next, etc., etc."" The defendant was a bill sticker; and it appearing on the trial that he had been imposed upon, and induced to stick up the bills containing the false matter believing it to be true whereas it was a forgery, he was acquitted. There does not seem to have been any doubt that the act with which he was charged was indictable. Scott's Case, 5 New Newgate Calendar 284. Canadian decision.]—Hoaglin's Case is the first decision reported in Canada under this section of the Criminal Code. It was there held by Harvey, J., that the publication of a placard stating that settlers from the United States are not wanted in Canada is an injury to the public interests and under sec. 136 of the Code the person wilfully and knowingly publishing such false statements is properly convicted of spreading false news. R. v. Hoaglin (1907), 12 Can. Cr. Cas. 226. Piracy. nations. 137. Every one is guilty of an indictable offence who does Piracy by any act which amounts to piracy by the law of nations, and is the law of liable,― (a) to the penalty of death, if in committing or attempting Punishment to commit such crime the offender murders, attempts to in case of murder or wounds any person, or does any act by which to person. the life of any person is likely to be endangered; (b) to imprisonment for life in all other cases. c. 29, s. 127. violence 55-56 V., Other cases. Piratical acts. Penalty. British subject-hostility or robbery or adhering to King's enemies. Entering British ship and destroying goods. Piracy at common law.]-The offence of piracy at common law is nothing more than robbery upon the high seas; but by statutes passed at various times and still in force many artificial offences have been created which are to be deemed to amount to piracy. Roscoe Cr. Evid. 11th ed., 817. Slave trading.]-By the Imperial statute, 5 Geo. IV., ch. 113, secs. 9 and 10, the carrying away, conveying, or removing of any person upon the high seas for the purpose of his being imported or brought into any place as a slave, or being sold or dealt with as such or the embarking or receiving on board any person for such purpose, is declared to be piracy. The provisions of that statute apply not only to acts done by British subjects in furtherance of the slave trade in England and the British colonies but to acts done by them outside of the British dominions. R. v. Zulueta, 1 C. & K. 215. Evidence.]-The subject of a friendly foreign power may be punished for piracy committed upon British property. Roscoe Cr. Evid. 11th ed., 820. Where several seamen on board a ship seized the captain and after putting him ashore carried away the ship and subsequently committed several piracies, it was held that the seizure of the captain and of the ship was an act of piracy. R. v. May, 2 East P.C. 796. And where certain pilots had in collusion with the master of a vessel cut away a cable for the purpose of defrauding the underwriters for the benefit of the owners, it was held that they were rightly convicted of piratically stealing the cable. R. v. Curling, Russ. & Ry. 123. But where the master of a vessel with goods on board ran the goods ashore and burned the ship with intent to defraud the owners and insurers, it was held that, as the accused held the goods under a special trust, he could not, before that trust was ended, be guilty of piracy by converting then to his own use. R. v. Mason, 2 East P.C. 796. Extradition.]-Piracy is extradictable between Canada and the United States under the Ashburton treaty of 1843. 138. Every one is guilty of an indictable offence and liable to imprisonment for life who, within Canada, does any of the piratical acts specified in this section, or who, having done any of such piratical acts, comes or is brought within Canada without having been tried therefor, that is to say: (a) Being a British subject, on the sea, or in any place destroys any part of the goods belonging to such ship, or (c) Being on board any British ship on the sea or in any Certain acts (iii) brings any seducing message from any pirate, enemy (iv) counsels or procures any persons to yield up or run (v) lays violent hands on the commander of any such ship, (vi) confines the master or commander of any such ship. (d) Being a British subject in any part of the world, or British sub- certain acts. (i) furnishes any pirate with any ammunition or stores Pirate sup- Offence on the high seas.]-By sec. 591 it is enacted that proceedings for the trial and punishment of a person who is not a subject of His Majesty, and who is charged with any offence committed within the jurisdie tion of the Admiralty of England shall not be instituted in any court in Canada except with the leave of the Governor-General and on his certificate that it is expedient that such proceedings should be instituted. In a recent Nova Scotia case, R. v. Heckman (1902), 5 Can. Cr. Cas. 242, it was held that a charge against a seaman on a British ship not a British subject, for inciting a revolt upon the ship while on the high seas cannot, if taken only under Code sec. 138, be made without the consent of the Governor-General, under sec. 591, obtained prior to the laying of the information. Mr. Justice Ritchie held further that if the proceedings for the offence are taken under the Merchant Shipping Act 1894 (Imp.), sec. 686, the consent of the Governor-General is not required and Code sec. 591 would not apply. But a different view was taken by Mr. Justice Weatherbe (now chief justice) who held that sec. 591 applies to the procedure in Canadian Courts in respect of offences committed within the Admiralty jurisdiction whether the proceedings are taken under the pirate. Piratical act with violence. Not resist ing pirate. Penalty. Offence. Taking liquor on board ship. Attempting to take. Delivering. Criminal Code or the Imperial Merchant Shipping Act or the Admiralty 139. Every one is guilty of an indictable offence and liable to suffer death who, in committing or attempting to commit any piratical act, assaults with intent to murder, or wounds, any person, or does any act likely to endanger the life of any person. 55-56 V., c. 29, s. 129. 140. Every one is guilty of an indictable offence and liable to six months' imprisonment, and to forfeit to the owner of the ship all wages then due to him, who, being a master, officer or seaman of any merchant ship which carries guns and arms, does not, when attacked by any pirate, fight and endeavour to defend himself and his vessel from being taken by such pirate, or who discourages others from defending the ship, if by reason thereof the ship falls into the hands of such pirate. 55-56 V., c. 29, s. 130. Conveying Liquor on board His Majesty's Ships. 141. Every one is guilty of an offence and liable, on summary conviction before two justices, to a fine not exceeding fifty dollars for each offence, and in default of payment to imprisonment for a term not exceeding one month, with or without hard labour, who, without the previous consent of the officer commanding the ship or vessel, (a) conveys any intoxicating liquor on board any of His Majesty's ships or vessels; or, (b) approaches or hovers about any of His Majesty's ships or vessels for the purpose of conveying any such liquor on board thereof; or, (c) gives or sells to any man in His Majesty's service, on board any such ship or vessel, any intoxicating liquor. 55-56 V., c. 29, s. 119. Any officer in His Majesty's service, any warrant or petty officer in the navy, and any non-commissioned officer of marines may arrest without warrant any person found committing any of the offences mentioned in sec. 141. See sec. 651. Intoxicating liquor.]-See statutory definition in sec. 2(17). PART III. RESPECTING THE PRESERVATION OF PEACE IN THE VICINITY Interpretation. 142. In this Part, unless the context otherwise requires, Definitions. (a) 'this Part' means such section or sections thereof as 'This Part.' are in force, by virtue of any proclamation, in the place with reference to which the Part is to be construed and applied; sioner.' (b) 'commissioner' means a commissioner under this Part; 'Commis(c) 'public work' includes any railway, canal, road, bridge 'Public or other work of any kind, and any mining operation con- work.' structed or carried on by the Government of Canada, or of any province of Canada, or by any municipal corporation, or by any incorporated company, or by private enterprise. R.S., c. 151, s. 1. Commissioner.]-See sec. 2(42). Proclamation. force. 143. The Governor in Council may, as often as occasion Part may be declared in requires, declare, by proclamation, that upon and after a day therein named, this Part, or any section or sections thereof, shall be in force in any place in Canada in such proclamation designated, within the limits or in the vicinity whereof any public work is in course of construction, or in any place in the vicinity of any public work, within which he deems it necessary that this Part, or any section or sections thereof, should be in force; and this Part, or any such section or sections thereof, shall, upon and after the day named ir such proclamation, take effect within the place or places designated therein. 2. The Governor in Council may, in like manner, from time Declared no to time, declare this Part, or any section or sections thereof, to longer in be no longer in force in any such place, and may again, from force. |