Limitation.]-The prosecution must be commenced within one year from the commission of the offence. Section 1140 (c). Disarming persons attending meeting.]-See secs. 619, 620 and 621. armed with in one mile 127. Every one, except the sheriff, deputy sheriff and Coming justices for the district or county, or the mayor, justices or other peace officer for the city or town, respectively, in which of public any public meeting is held, and the constables and special con- meeting. stables employed by them, or any of them, for the preservation of the public peace at such meeting, is guilty of an indictable offence, and liable to a penalty not exceeding one hundred dollars, or to imprisonment for a term not exceeding three months, or to both, who, during any part of the day upon which such meeting is appointed to be held, comes within one mile of the place appointed for such meeting armed with any offensive weapon. 55-56 V., c. 29, s. 114. The limit of time for prosecution is one year. Section 1140 (c). 128. Every one is guilty of an indictable offence and liable Lying in to a penalty not exceeding two hundred dollars, or to imprison- wait for ment for a term not exceeding six months, or to both, who lies persons returning in wait for any person returning, or expected to return from therefrom. any such public meeting, with intent to commit an assault upon such person, or with intent, by abusive language, opprobrious epithets or other offensive demeanour, directed to, at or against such person, to provoke such person, or those who accompany him, to a breach of the peace. 55-56 V., c. 29, s. 115. The limit of time for prosecution is one year. Section 1140 (c). Seditious Offences. 129. Every one is guilty of an indictable offence and liable Penalty. to fourteen years' imprisonment who, commit (a) administers, or is present at and consenting to the Administeradministration of, any oath or any engagement purporting ing oath to to bind the person taking the same to commit any crime crime. punishable by death or imprisonment for more than five years; or, (b) attempts to induce or compel any person to take any Inducing such oath or engagement; or, (c) takes any such oath or engagement. s. 120. oath. 55-56 V. c. 29, Taking oath. Origin.]-This and the following two sections were adopted by the Dominion Parliament from the Quebec consolidated statutes of 1860, Penalty. Administering oaths binding to. Sedition. Disturbance of peace. Not to inform. Not to reveal illegal combination, etc. Attempts. Taking oath. Compulsion thereto no excuse unless made. C.S.L.C., ch. 10, secs. 1, 2, 3 and 4. That statute was in turn modelled upon the English statutes of 1797 and 1799 respecting Unlawful Societies and Unlawful Oaths, 37 Geo. III., ch. 123 and 39 Geo. III., ch. 79, referred to in R. v. Dixon, 6 C. & P. 601. Evidence.]-Although the oath were read from a paper at the time it was administered, it may be proved by parol evidence without giving the accused notice to produce the paper. R. v. Moors, 6 East 419(n). 130. Every one is guilty of an indictable offence and liable to seven years' imprisonment who, (a) administers or is present at and consenting to the admin- (i) to engage in any mutinous or seditious purpose, (iii) not to inform and give evidence against any (iv) not to reveal or discover any unlawful combination or confederacy, or any illegal act done or to be done, or any illegal oath or obligation or engagement which may have been administered or tendered to or taken by any person, or the import of any such oath or obligation or engagement; or, (b) attempts to induce or compel any person to take any such oath or engagement; or, (c) takes any such oath or engagement. s. 121. See note to sec. 129. 55-56 V., c. 29, 131. Any one who, under such compulsion as would otherwise excuse him, offends against either of the last two preceding declaration sections, shall not be excused thereby unless, within the period hereinafter mentioned, he declares the same and what he knows touching the same, and the persons by whom and in whose presence, and when and where, such oath or obligation or engagement was administered or taken, by information on oath before a justice for the district or city or county in which such oath or engagement was administered or taken. Limitation of time for declaration. At trial. 2. Such declaration may be made by such person within fourteen days after the taking of the oath, unless he is hindered from making it by actual force or sickness, in which case it may be made within eight days of the cessation of such hindrance. 3. The declaration may be made on such person's trial if it happens before the expiration of either of the periods aforesaid. 55-56 V., c. 29, s. 122. See note to sec. 129. 132. Seditious words are words expressive of a seditious Seditious intention. words. 2. A seditious libel is a libel expressive of a seditious inten- Seditious tion. libel. 3. A seditious conspiracy is an agreement between two or Seditious more persons to carry into execution a seditious intention. conspiracy. 55-56 V., c. 29, s. 123. 133. No one shall be deemed to have a seditious intention Intentions not sedionly because he intends in good faith,tious. (a) to show that His Majesty has been misled or mistaken 134. Every one is guilty of an indictable offence and liable Seditious to two years' imprisonment who speaks any seditious words or words, punishment. publishes any seditious libel or is a party to any seditious conspiracy. 55-56 V., c. 29, s. 124. Sedition.]-Sedition whether by words spoken or written, or by conduct was a misdemeanour at common law. Stroud's Case, 3 St. Tr. 242. It embraces all those practices whether by word, deed or writing, which fall short of treason (as which see sec. 74, et seq.). but directly tend or have for their object to excite discontent or dissatisfaction, to excite ill-will between different classes of the King's subjects, to create public disturbance or to lead to civil war, to bring into hatred or contempt the sovereign or the government, the laws or constitution of the realm, and generally all endeavours to promote public disorder, or to incite people to unlawful associations or assemblies, insurrections, breaches of the peace, or forcible obstruction of the execution of the law. Archbold Cr. Ev. (1900), 942; R. v. Pigott, 11 Cox C.C. 44; R. v. Fussell, 3 Cox C.C. 291. But a bona fide intention to point out errors or defects in the government or in the administration of justice or to excite His Majesty's subjects to attempt to pro Libel on foreign sovereign. Spreading cure by lawful means the alteration of any matter in the state, is not seditious; sec. 133(b); nor the like intention to point out, in order to their removal, matters which are producing or have a tendency to produce feelings of hatred and ill-will between different classes of His Majesty's subjects; sec. 133 (c); or to shew that His Majesty has been misled or mistaken in his measures; sec. 133 (a). A writer may criticise or censure the conduct of the servants of the Crown or the acts of the government, he can do it freely and liberally, but it must be without malignity and not imputing corrupt or malicious motives; the law only interferes when plainly and deliberately the limits of frank and candid and honest discussion are passed. R. v. Sullivan, 11 Cox C.C. 44; R. v. Burns, 16 Cox C.C. 355; R. v. Lambert, 2 Camp. 398, 11 Revised Reports 748. Seditious words.]-This expression here means words expressive of a seditious intention, sec. 132. Where the words are spoken at a meeting, those who do anything, as by expressions of approval, to help the speaker to produce upon the hearers the natural effect of the words spoken, are guilty of uttering seditious words just as if they spoke them themselves. R. v. Burns, 16 Cox C.C. 355; but a person merely standing by when they are uttered, and himself saying nothing, does not thereby make himself guilty of the uttering. Ibid. Seditious libel.]-A seditious libel is defined by the preceding sec. 132, as being "a libel expressive of a seditious intention." A seditious libel may be evidenced by a woodcut or engraving. R. v. Sullivan, 11 Cox C.C. 44, 51. Publication must be proved, but if the manuscript of it be proved to be in the handwriting of the accused, and it be also proved to have been printed and published, such is evidence to go to the jury that the publication was by the accused, although there is no express evidence that he authorized the printing or publishing. R. v. Beare, 1 Ld. Raym. 414; R. v. Lovett, 9 C. & P. 462. It is not necessary to prove the falsity of a seditious libel. R. v. Duffy, 2 Cox C.C. 45; Ex parte O'Brien, 15 Cox C.C. 180. Section 911 which allows a plea of the truth of the libel and of its publication in the public interest is limited to defamatory libels, and no such rule applies to seditious libels. But after verdict, the defendant has been allowed to prove in mitigation of sentence that he had published the libel through having himself read it in a newspaper in which it had previously appeared. R. v. Burdett, 4 B. & Ald. 95. Seditious conspiracy.]—If several persons form a common intention to prosecute any unlawful purpose and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of such common purpose, the commission of which offence was or ought to have been known to be a probable consequence of the prosecution of such common purpose. Section 69 (2). 135. Every one is guilty of an indictable offence and liable to one year's imprisonment who, without lawful justification, publishes any libel tending to degrade, revile or expose to hatred and contempt in the estimation of the people of any foreign state, any prince or person exercising sovereign authority over such state. 55-56 V., c. 29, s. 125. 136. Every one is guilty of an indictable offence and liable false news. to one year's imprisonment who wilfully and knowingly pub 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; violence (b) to imprisonment for life in all other cases. 55-56 V., Other cases. c. 29, s. 127. |