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A.D. 1878.

SECTION 114.

DISORDERLY PLACES OF ENTERTAINMENT.

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A disorderly place of entertainment is,

(a.) A house, room, garden, or other place kept for public dancing,
music, or other public entertainment of the like kind in the cities 5
of London and Westminster, or within twenty miles thereof, with-
out a license under the provisions of an Act passed in the 25th year
of the reign of His late Majesty King George II., intituled “ An
“ Act for the better preventing thefts and robberies, and for regu-
“ lating places of public entertainment and punishing persons 10

keeping disorderly houses;” provided that this definition shall not
extend to the theatres royal in Drury Lane and Covent Garden, or
the theatre commonly called the Queen's Theatre in the Haymarket,
nor to such performances and public entertainments as are lawfully
carried on under or by virtue of Letters Patent or license from the 15
Crown, or the license of the Lord Chamberlain of His Majesty's
household.

(6.) A house, room, or other place opened or used for public
entertainment, or amusement, or for publicly debating on any subject
whatsoever on any part of the Lord's Day, called Sunday-

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i. to which persons are admitted by the payment of money or by

tickets sold for money ;
ii, at which persons are supplied with tea, coffee, or any other

refreshments of eating and drinking on the Lord's Day at any
greater price than the common and usual prices at which the 25
like refreshments are commonly sold upon other days at such
house, room, or place, or at coffee houses or other houses where

the same are usually sold.
(c.) Any house, room, or place opened or used for any public
entertainment, or amusement, or debate on the Lord's Day at the 30
expense of any number of subscribers or contributors to the carry-
ing on any such entertainment, or amusement, or debate on the
Lord's Day, and to which persons are admitted by tickets to which
the subscribers or contributors are entitled.

A.D. 1878.

PART V.

OFFENCES AGAINST THE PERSON, THE CON

JUGAL AND PARENTAL RIGHTS, AND THE
REPUTATION OF INDIVIDUALS.

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CHAPTER XVII.
OF MATTER OF JUSTIFICATION AND EXCUSE FOR THE

INFLICTION OF DEATH AND BODILY HARM.

SECTION 115.

EXCEPTIONS TO DEFINITIONS OF OFFENCES. 10 Every definition herein-after contained of any offence against the

life or body of any person is subject to the provisions contained in this and in the following chapter.

SECTION 116.

EXECUTION OF LAWFUL SENTENCES.

15 No act is an offence which is done in the execution, in the manner

prescribed by law by a person who is obliged, or who is duly authorised, to execute it, of a lawful sentence duly passed by a competent court.

A court which but for some formal defect in its authority or in 20 its proceedings, or but for a mistake made in good faith as to a

matter of fact, would have had jurisdiction to pass a sentence, is a competent court within the meaning of this section; but a court which has by law no jurisdiction at all over the case in which sen

tence is passed is not such a court, and a mistaken belief on the part 25 of the judge, or of the officer who executes the sentence, that it is

such a court neither justifies nor excuses his act.

SECTION 117.

KEEPING THE PEACE.

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No one, whether he is a justice of the peace, a peace officer, or a private person, and if a private person, whether he is, and acts as a soldier under military discipline or not, is guilty of an offence by reason of his inflicting death or bodily harm on any person in order to keep the peace, or suppress a riot, or disperse an unlawful assembly, provided that he uses no greater violence and inflicts no

A.1). 1878. greater injury on any person than he in good faith and on reasonable

grounds believed at the time when he inflicted it to be necessary for

that purpose.

The fact that any such person acted in obedience to the orders of any magistrate or military officer is not in itself a justification of his 5 act, but is relevant to the question whether he did in good faith and on reasonable grounds believe as aforesaid.

SECTION 118.

PREVENTION OF THE COMMISSION OF CRIMES AND ARREST OF CRIMINALS.

The intentional infliction of death or bodily harm is not an offence 10 when it is done by any person

in order to prevent the commission of treason, murder, housebreaking, rape, robbery, arson, piracy, or any other offence attempted to be committed by actual force, and for which the offender might be sentenced to penal servitude on the first conviction,

15 or, in order lawfully to arrest any person who has coinmitted any offence for which the offender might be sentenced on a first conviction to penal servitude, or in order to retake or keep in lawful custody any such person having escaped, or attempting to escape, from such custody,

20 or, when it is done by a constable, or other officer of justice, in order to execute a warrant of arrest for any offence, which cannot otherwise be executed. SECTION 119.

25 The intentional infliction of death or bodily harm is not an offence when it is inflicted by way of self defence against unlawful violence. SECTION 120.

30 The intentional infliction of death or bodily harm is not justified in any of the cases specified in the two sections last preceding, unless the person by whom such death or bodily harm was inflicted used every reasonable means in his power to avoid the necessity for inflicting it at all, and to inflict as little harm as was consistent 35 with attaining his object.

No person shall be deemed to have inflicted in self defence any injury inflicted by him on any such person in a fight from which he might, under all the circumstances of the case, have reasonably been expected to withdraw himself before such injury was inflicted; pro- 40

SELF DEFENCE.

PROVISO ON FOREGOING SECTIONS.

A.D. 1878.

vided that every person shall be entitled to defend himself, his
family, his house, and his property against any unprovoked attack,
without being required to withdraw himself in order to avoid any
such attack.

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It is not an offence to inflict bodily harm by way of lawful correction, or by any other lawful application of force not herein

before mentioned to the person of another; but if the harm inflicted
10 on such an occasion is excessive, the act which inflicts it is unlawful,

and, even if there is no excess, it is the duty of every person
applying the force to take reasonable precautions against the in-
fliction of other or greater harm than the occasion requires.

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The word “ consent" in sections 123, 124, and 125 means a consent
given by a sober and rational person able to form a rational judg-
ment on the matter to which he consents and not procured by force,

fraud, or threats of whatever nature.
20 A “maim” is bodily harm, whereby a man is deprived of any

member of his body or permanently deprived of the use of it or of
any sense or faculty.

SECTION 123.

INJURIES BY CONSENT.

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25 The act of inflicting on any person by his own consent bodily

injury not amounting to a maim is not an offence, unless it is so
inflicted as to amount to a breach of the peace, as in a prize fight
or any similar exhibition.

SECTION 124.
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SURGICAL OPERATIONS.
No one commits an offence by inflicting on another any bodily
injury in the nature of a surgical operation performed either by the
patient's own consent, or if he is incapable of consenting, then by

the consent of any person who has a lawful right to consent thereto,
35 or if no such person's consent can be had, then if it is inflicted in

good faith for the benefit of the patient, provided that this section
shall be subject to the provisions herein-after contained as to
culpable negligence, and to the provisions of Section 159.

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NO RIGHT TO CONSENT TO DEATH,
If

any person inflicts death upon another person by his consent
he commits the same offence as if such consent had not been given.

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ACCIDENT.
It is not an offence to cause death or bodily harm accidentally by
an act which is not unlawful.

For the purpose of this section every effect is accidental which
is not caused by an act done with the intention of causing it, unless 10
its occurrence as a consequence of the act which does cause it is so
probable that a person of ordinary prudence ought, under the
circumstances in which the act causing death or bodily harm is
done, to take reasonable means to prevent the occurrence of death
or bodily harm in consequence thereof, in which case if death or 15
bodily injury occurs by reason of the act done, such death or bodily
harm is caused within the meaning of this section by the omission
of the precaution which would have prevented its occurrence.

For the purpose of this section the expression “ unlawful act”
includes-

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(i.) Acts punishable by law or involving penalties;
(ii.) Acts constituting actionable wrongs;

(iii.) Acts injurious to the public as being contrary to public
policy or morality.

CHAPTER XVIII.

25 OF CAUSING DEATH BY NEGLIGENCE, AND OF DUTIES

TENDING TO THE PRESERVATION OF LIFE.

SECTION 127.

DISCHARGE A LEGAL DUTY.

DEATH OR BODILY INJURY CAUSED BY OMISSION TO

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Everyone upon whom any duty is imposed by law, or who has
by contract or by any wrongful act taken upon himself any duty
tending to the preservation of life, and who without lawful excuse
neglects to perform that duty, and thereby causes the death of any
person, shall be guilty of the same offence as if he had caused 35
that person's death by an act done in the state of mind, as to
intent or otherwise, which accompanied the neglect of duty.

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