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ARTICLE 219.

POSTING IMMORAL BOOKS, ETC.

Every one is guilty of a misdemeanor who posts for transmission or delivery by or through the post,

(a.) any obscene or immoral book, pamphlet, picture, print, engraving, lithograph, photograph or other publication, matter or thing of an indecent, immoral, seditious, disloyal, scurrilous or libellous character; or

(b.) any letter upon the outside or envelope of which, or any post card or post band or wrapper upon which, there are words, devices, matters or things of the character aforesaid; or

(c.) any letter or circular concerning an illegal lottery, so-called gift concert or other similar enterprise, offering prizes, or concerning schemes devised and intended to deceive and defraud the public for the purpose of obtaining money under false pretences.

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2 ARTICLE 220.

SEDUCTION OF GIRLS UNDER SIXTEEN-CARNALLY

KNOWING IDIOTS.

Every one is guilty of a misdemeanor and liable to two years' imprisonment who,

[of the sexes, the obligation of truthfulness, the nature and limits of the rights of property, &c., which would be regarded as highly immoral by most people, and yet (I think) commit no crime. Obscenity and immorality in this wide sense are entirely distinct from each other. The language used in reference to some of the cases might throw doubt on this, but I do not think any instance can be given of the punishment of a decent and bonâ fide expression of opinions commonly regarded as immoral. I leave this note unaltered, but since it was written the case cited above of R. v. Bradlaugh may be considered to have gone some way towards establishing a different principle, and to have invested juries to a certain extent with the powers of ex post facto censors of the press so far as such publications on the relation of the sexes are concerned. I think that juries ought to exercise such a power with the greatest caution, when a man writes in good faith on a subject of great interest and open to much difference of opinion, and when no indecency of language is used, except such as is necessary to make the matter treated of intelligible.]

1 R. S. C. c. 35, s. 103.

2 S. D. Art. 173.

3 R. S. C. c. 157, s. 3; 50 & 51 Vict. (D.) c. 48, s. 1. The prosecution for any offence defined in Articles 220-222 must be commenced within one year from the commission, thereof; s. 6 (3).

(a.) seduces and has illicit connection with any girl of previously chaste character, or who attempts to have illicit connection with any girl of previously chaste character, being in either case of or above the age of twelve years and under the age of sixteen years; or

(b.) unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any female idiot or imbecile or insane woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew at the time of the offence that the woman or girl was an idiot or imbecile or insane.

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ARTICLE 221.

SEDUCTION UNDER PROMISE OF MARRIAGE.

Every one, above the age of twenty-one years, is guilty of a misdemeanor and liable to two years' imprisonment, who, under promise of marriage, seduces and has illicit connection with any unmarried female of previously chaste character and under twenty-one years of age.

2 ARTICLE 222.

HOUSEHOLDERS PERMITTING DEFILEMENT OF GIRLS
ON THEIR PREMISES.

3 Every one who, being the owner and occupier of any premises, or having, or acting, or assisting in the management or control thereof, induces, or knowingly suffers, any girl of such age as in this Article mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally,—

1 R. S. C. c. 157, s. 4; 50 & 51 Vict. (D.) c. 48, s. 2.

2 S. D. Art. 173 A.

3 R. S. C. c. 157, s 5; 48 & 49 Vict. c. 69, s. 6.

4 [A father who allows his daughter living with him to act as a prostitute in his house is within this provision. R. v. Webster, L. R. 16 Q. B. D. 136.] As to belief, see R. v. Packer, 16 Cox, C. C. 57.

(a.) is guilty of felony, and liable to ten years' imprisonment, if such girl is under the age of twelve years; and

(b.) is guilty of a misdemeanor, and liable to two years' imprisonment, if such girl is of or above the age of twelve and under the age of sixteen years.

It shall be a sufficient defence to any charge under this Article if it is made to appear to the court or jury before whom the charge is brought, that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.

ARTICLE 223.

UNLAWFULLY DEFILING WOMEN.

2 Every one is guilty of a misdemeanor, and liable to two years' imprisonment, who, by false pretences, false representations, or other fraudulent means,—

(a.) procures any woman or girl, under the age of twenty-one years, to have illicit carnal connection with any man other than the procurer; or

(b.) inveigles or entices any such woman or girl to a house of ill-fame or assignation, for the purpose of illicit intercourse or prostitution, or who knowingly conceals in such house any such woman or girl so inveigled or

enticed.

3 ARTICLE 224.

CONSPIRACY TO DEFILE.

[Every one commits the misdemeanor of conspiracy who agrees with any other person to induce any woman to commit adultery or fornication, or to take any woman from the lawful custody of her parents, in order to marry her to any person without their consent;

(SUBMITTED.) Provided, that an agreement between a

1 S. D. Art. 173.

2 R. S. C. c. 157, s. 7; 24 & 25 Vict. c. 100, s. 49; 48 & 49 Vict. c. 69, ss. 2, 10.

3 S. D. Art. 174.

[R. v. Lord Grey, 3 St. Tr. 519; 1 East P. C. 460; R. v. Mears, 2 Den. C. C. 79; R. v. Delaval 3 Burr. 1434. Draft Code, s. 149.]

[man and a woman to commit fornication or adultery, or that the woman shall leave the lawful custody of her parents without their consent, in order to marry the man, is not a conspiracy.]

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ARTICLE 225.

SEDUCTION OF FEMALES WHO ARE PASSENGERS ON

VESSELS.

Every one is guilty of a misdemeanor and liable to a fine of four hundred dollars, or to one year's imprisonment, who, being the master or other officer or a seaman or other person employed on board of any vessel, while such vessel is in any waters within the jurisdiction of the Parliament of Canada, under promise of marriage, or by threats, or by the exercise of his authority, or by solicitation, or the making of gifts or presents, seduces and has illicit connection with any female passenger.

The subsequent intermarriage of the seducer and the seduced is, if pleaded, a good defence to any indictment for any such offence.

ARTICLE 226.

PREVENTION OF IMMORAL INTERCOURSE WITH FEMALE

IMMIGRANTS.

2 Every officer, seaman or other person employed on board of any vessel bringing immigrant passengers to

1 R. S. C. c. 65, s. 37. This provision occurs in The Immigrant Act, but is not in terms limited to vessels bringing immigrants or to female immigrant passengers, as is the case in respect of the offences defined in Article 226.

2 R. S. C. c. 65, s. 38. The penalties are recoverable at the suit of a collector of customs or Dominion immigration agent in a summary manner before two justices of the peace if the amount does not exceed eighty dollars, otherwise by civil action by such officer in a court of competent jurisdiction. See s. 42, by the third clause of which it is provided that if the penalty exceeds forty dollars the offence is a misdemeanor punishable by fine or imprisonment or both in the discretion of the court. By s. 39 the master of any such vessel is bound under a penalty of fifty dollars to post in a conspicuous place on the forecastle, and in the parts of the vessel assigned to immigrant passengers, notices in English, French and German containing the provisions of s. 38, on which the text is founded.

Canada, who, while such vessel is in any waters within the jurisdiction of the Parliament of Canada, entices or admits any female immigrant passenger into his apartment, or, except by the direction or permission of the master of such vessel first made or given for such purpose, visits or frequents any part of such vessel assigned to female immigrant passengers, is liable to a penalty equal in amount to his wages for the voyage during which the said offence has been committed.

Every master of any such vessel who, while such vessel is in such waters, directs or permits any officer or seaman or other person on board of such vessel to visit or frequent any part of such vessel assigned to immigrant passengers, except for the purpose of doing or performing some necessary act or duty as an officer, seaman or person employed on board of such vessel, is liable to a penalty of twenty-five dollars for each such offence. 1

The provisions of this Article do not apply to cabin passengers, or to any part of the vessel assigned to their use.

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ARTICLE 227.

PROSTITUTION OF INDIAN WOMEN.

Every one is guilty of a misdemeanor, and liable to a penalty not exceeding one hundred dollars and not less than ten dollars or to six months' imprisonment,

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(a.) who, being the keeper of any house, tent or wigwam, allows or suffers any Indian woman to be or remain in such house, tent or wigwam, knowing, or having probable cause for believing that such Indian woman is in

1" occasion on which he so directs or permits the provisions of this section to be violated by any such officer, seaman or other person."

R. S. C., c. 43, s. 106; 50 & 51 Vict. (D.) e 33, s. 11. Clause (a.) applies to Indians as well as to those who are not Indians.

3 Every person who appears, acts or behaves as master or mistress, or as the person who has the care or management of, any house, tent or wigwam in which any Indian woman is, or remains for the purpose of, prostituting herself therein, is deemed to be the keeper thereof, notwithstanding he or she is not in fact the real keeper thereof; R. S. C. c, 43, s. 107.