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DISORDERLY PLACES OF ENTERTAINMENT.
A disorderly place of entertainment is,
(a.) A house, room, garden, or other place kept for public dancing,
keeping disorderly houses;” provided that this definition shall not
(6.) A house, room, or other place opened or used for public
tickets sold for money ;
refreshments of eating and drinking on the Lord's Day at any
the same are usually sold.
OFFENCES AGAINST THE PERSON, THE CON
JUGAL AND PARENTAL RIGHTS, AND THE
INFLICTION OF DEATH AND BODILY HARM.
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.
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.
KEEPING THE PEACE.
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
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.
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
PROVISO ON FOREGOING SECTIONS.
vided that every person shall be entitled to defend himself, his
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
and, even if there is no excess, it is the duty of every person
The word “ consent" in sections 123, 124, and 125 means a consent
fraud, or threats of whatever nature.
member of his body or permanently deprived of the use of it or of
INJURIES BY CONSENT.
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
the consent of any person who has a lawful right to consent thereto,
good faith for the benefit of the patient, provided that this section
NO RIGHT TO CONSENT TO DEATH,
any person inflicts death upon another person by his consent
For the purpose of this section every effect is accidental which
For the purpose of this section the expression “ unlawful act”
(iii.) Acts injurious to the public as being contrary to public
25 OF CAUSING DEATH BY NEGLIGENCE, AND OF DUTIES
TENDING TO THE PRESERVATION OF LIFE.
DISCHARGE A LEGAL DUTY.
DEATH OR BODILY INJURY CAUSED BY OMISSION TO