2ND EDIT. REVISED STATUTES 1906 REMARKS ada, with intent to levy war against His Majesty, or to commit any such offence in Canada; -is guilty of an indictable offence, and liable to suffer death. Unchanged except as here set forth. Sec. 69. Sec. 78. Treasonable Offences. - Unchanged, in effect. There is nothing in the Imperial Naturalization Act, 1870, which legalizes an act which would have been a crime before the statute; therefore, a person, who becomes naturalized in a foreign country under such circumstances that before the statute he would have been guilty of treason, is not relieved by the statute from the consequences of his act. Nor can an act of treason give any rights, by virtue of the statute, to the person guilty of the treasonable act; and therefore, if war has broken out between Great Britain and another country, a British subject commits an act of treason by becoming naturalized in the belligerent country; he is not thereby protected from the consequences of the commission of subsequent treasonable acts. (1) Where an indictment for treason alleged that the prisoner adhered to the enemies of the late Queen without the realm, it was held to be good. (2) Sec. 70. Sec. 79. Conspiracy to intimidate a Legislature. Sec. 71. Sec. 80. Assaults upon the King. Unchanged. Unchanged. Unchanged. soldiers or sailors to Unchanged, in effect. Sec. 74. Sec. 83. Resisting execution of warrant to search for Unchanged. deserters. Sec. 75. Sec. 84. Persuading or assisting militiamen or Royal N. W. Mounted Policemen to desert. Unchanged. INFORMATION ILLEGALLY OBTAINED OR COMMUNICATED. Sec. 77. Sec. 85. Wrongfully obtaining information by enter ing fortress, etc. Sec. 78. Sec. 86. Communicating information lawfully or unUnchanged in effect. lawfully obtained. UNLAWFUL ASSEMBLIES AND RIOTS. Sec. 79. Sec. 87. Definition of Unlawful Assembly. (1) R. v. Lynch 72 L. J. K. B., 167; [1903], 1 K. B., 144. (2) 16. Unchanged. Sec. 140. Sec. 94. Neglect of peace officer to suppress riot. Unchanged. Sec. 86. Sec. 97. Riotous injury or damage to property. Unchanged. UNLAWFUL DRILLING. Sec. 87. Sec. 98. Prohibition of assemblies for drilling and punishment of persons present thereat. Unchanged in effect. Sec. 88. Sec. 99. Being unlawfully drilled, AFFRAYS AND DUELS. Sec. 90. Sec. 100. Affray defined. Unchanged. Sec. 91. Sec. 101. Challenge to fight a duel. Unchanged. FORCIBLE ENTRY AND DETAINER. Sec. 89. Sec. 102. Definitions of forcible entry and forcible Sec. 92. Definition of prize fight. Omitted here. (5) Sec. 93. Sec. 104. Challenge to fight a prize fight. Sec. 94. Sec. 105. Principal in a prize fight. Unchanged. (3) Except that see. 83 of the old Act is divided into two sections (91 and 92) of the new Act. (4) Except that sec. 89 of the old Act is divided into two sections (102 and 103) of the new Act. (5) Transferred to see. 2 (31) ante. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 95. Sec. 106. Attending or promoting a prize fight. Unchanged. Sec. 96. Sec. 107. Leaving Canada to engage in a prize fight. Unchanged. An exhibition of fighting with fists, to witness which an admission fee is charged to the public, and at which it is announced that the stake money will go to the contestant who knocks out his opponent in a stipulated number of rounds, is a "prize fight" within section 92, now sec. 2. (31) of the Code; and such an exhibition for gain must be viewed as it was intended to appear to the public; and it is no defence that the participants had merely feigned to fight. (6) A sparring match with gloves, given merely as an exhibition of skill and without any intention to fight until one is incapacitated, is not a prize fight." (7) Sec. 97. Sec. 108. When fight is not a prize-fight. Unchanged. INCITING INDIANS. Sec. 98. Sec. 109. Inciting Indians to riotous acts. Unchanged. Sec. 110. Inciting Indians to commit indictable of fence. Every one who incites any Indians to commit any indictable offence is guilty of an indictable offence, and liable to imprisonment for any term not exceeding five years. EXPLOSIVE SUBSTANCES. Added. Sec. 99. Sec. 111. Causing dangerous explosions. Unchanged. Sec. 488. Sec. 112. Attempt to destroy or damage property with explosives. Unchanged. Doing anything with intent to cause an explosion; and making or possessing explosives with intent to endanger life. . Unchanged. Unchanged. Sec. 101. Sec. 114. Making or possessing explosives under sus picious circumstances. OFFENSIVE WEAPONS. Sec. 115. Having offensive weapons for dangerous Unchanged. Sec. 103. Sec. 116. Openly carrying offensive weapons so as to purposes. cause alarm. Unchanged. Sec. 104. Sec. 117. Smugglers carrying offensive weapons. Unchanged. (6) Steele v. Maber, 6 Can. Cr. Cas., 446. (7) R. v. Littlejohn, & Can. Cr. Cas., 212. cer The old Customs Act (R. S. C., 1886, c. 32), and the old Inland Revenue Act (R. S. C., 1886, c. 34), tain sections of which, relating to seizures and forfeitures, are set out at pages 101-106 of Crankshaw's second edition of the Criminal Code. have been repealed and are now replaced by the new Customs Act (R. S., 1906, c. 48), and the new Inland Revenue Act (R. S., 1906, c. 51); and the following are some of the sections thereof relating to punishments and forfeitures: THE CUSTOMS ACT. Section Forfeiture of goods unlawfully imported. 13 of the new Customs Act provides that no goods shall be unladen from any vessel arriving at any port or place in Canada from any place out of Canada, or be unladen from any vessel having dutiable goods on board brought coastwise, until the entry has been made of such goods and warrant granted for the unlading of the same; and it is provided, by sec. 189, that all goods unladen contrary to the Act shall be seized and forfeited. Section 22 provides that no goods shall be importe l into Canada in any vehicle otherwise than in a railway carriage nor on the person between sunset and sunrise on any day nor at any time on a Sunday or a statutory holiday except under a written permit from a Customs collector and under the supervision of a customs officer, and it is, by sections 192 and 193, declared that all goods imported contrary to the above section and the vehicle, etc., in or with which the same are imported shall be seized and forfeited, and that any goods brought into Canada in the charge or custody of any person shall be forfeited, and may be seized and dealt with accordingly, if the person in charge theroof does not (among other things) come to the Custom House nearest to the point at which he crossed the frontier line or to the station of the officer nearest to such point, if such station is nearer thereto than any Custom House, and there makes a report in writing to the Collector or proper officer of Customs stating the contents of each and every 2ND EDIT. REVISED STATUTES 1906 REMARKS package and parcel of such goods and the quantities and values of the same. Sections 206, 215, 219, 227, 254, 259 and 260 of the new Customs Act are as follows: Sec. 206. Smuggling. Passing forged invoices, etc. "If any person smuggles or clandestinely introduces into Canada. any goods subject to duty, or makes out or passes or attempts to pass through the Custom House any false, forged or fraudulent invoice, or in any way attempts to defraud the revenue by evading the payment of the duty or of any part of the duty on any goods, such goods, if found may be seized and forfeited; or, if not found but the value thereof has been ascertained, the person so offending shall forfeit the value thereof as so ascertained; and every such person his aiders and abettors shall, in addition to any other penalty to which he and they are subject for such offence, forfeit a sum equal to the value. of such goods, which sum may be recovered in any court of competent jurisdiction, and shall further be liable, on summary conviction before two justices of the peace or any other magistrate having the powers of two justices of the peace, to a penalty not exceeding two hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding one year and not less than one month, or to both fine and imprisonment." Sec. 215. Possessing goods liable to forfeiture. "If any two or more persons in company are found together and they or any of them have any goods liable to forfeiture under this Act, every such person having knowledge of the fact is guilty of an indictable offence and punishable accordingly." Sec. 219. Dealing in goods unlawfully imported. "If any person knowingly barters, keeps, conceals, purchases, sells or exchanges any goods unlawfully imported into Canada. (whether such goods are dutiable or not) or whereon the duties lawfully payable have not been paid, such goods, if found, shall be forfeited, and may be seized. If such goods are not found, the person so offending shall forfeit the value thereof; and every such person shall, in addition to any any other penalty forfeit sum equal to the value of such goods, which may be recovered in any court of competent jurisdiction, and shall further be liable on summary conviction before two justices of the peace or any magistrate having the powers of two justices of the peace, to a penalty not ex a |