1 ARTICLE 64. ALL PRINCIPALS IN TREASON. 2 [Every person who in the case of felony would be an accessory before or after the fact is in the case of high treason a principal traitor, 3 but a person who knowingly comforts or receives a traitor so far partakes of the nature of an accessory that he cannot be tried till the principal is convicted.] 5 4 ARTICLE 65. TREASONABLE FELONIES. 6 Every one is guilty of felony, and liable to imprisonment for life [who forms any of the intentions hereinafter mentioned, and expresses such intention either by any overt act or by publishing any printing or writing,] or by open and advised speaking, [that is to say, (a.) an intention to depose the Queen, her heirs or successors, from the style, honour, and royal name of the Imperial Crown of the United Kingdom or of any other of Her Majesty's dominions or countries; or (b.) an intention to levy war against Her Majesty, Her heirs or successors, within any part of the United Kingdom] or of Canada, [in order by force or constraint to compel her] or them [to change her] or their [measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, both houses or either house of Parliament] of the United Kingdom or of Canada, [or (c.) an intention to move or stir any foreigner with force to invade the United Kingdom] or Canada, [or any 1 S. D. Art. 61. 2 [Foster, 343, and see 341-6. 31 Hale, P. C, 238; Foster, 345-6; and see 2 Hist. Cr. Law]. 4 S. D. Art. 62. R. S. C. c. 146, s. 3; 11 & 12 Vict. c. 12, s. 3. R. v. Slavin, 17 U. C. C. P. 205. 6 Every one who compasses, imagines, invents, devises or intends, &c. [other of Her Majesty's dominions or countries under the obeisance of Her Majesty, her heirs and successors. 1A conspiracy to effect any of the said intentions is an overt act within the meaning of this Article.] 2 No one shall be convicted of any felony mentioned in this article if such intention is expressed by open and advised speaking only, unless (a.) information of such intention and of the words by which the same is expressed is given upon oath to a justice of the peace within six days after such words are spoken; and (b.) a warrant for the apprehension of the offender is issued within ten days next after such information is given; and (c.) the offender confesses in open court or the words so spoken are proved by two credible witnesses. ARTICLE 66. CONSPIRACY TO INTIMIDATE A PROVINCIAL LEGISLATURE. 3 Every one is guilty of felony and liable to fourteen years' imprisonment who confederates, combines or conspires with any person to do any act of violence, in order to intimidate, or to put any force or constraint upon any Legislative Council, Legislative Assembly or House of Assembly in any Province of Canada. 5 4 1 ARTICLE 67. ASSAULTS ON THE QUEEN. [Every one who], in British Columbia, Manitoba or the 1 [Mulcahy v. R. L. R. 3 H. L. 306.] 2 R. S. C. c. 146, s. 5; 11 & 12 Vict. c. 12, s. 4. The latter statute also contained a provision that no prosecution could be sustained for an intention so expressed unless the warrant were issued within two years from the passing of the statute, as to which see S. D. Art. 62, note (2). 3 R. S. C. c. 146, s. 4. *S. D. Art. 64. [5 & 6 Vict. c. 51, ss. 1, 2 (redrawn). I have omitted a few manifestly superfluous words. Draft Code, s. 80.] North-West Territories, [does any of the acts hereinafter specified is guilty of a high misdemeanor, that is to say; (a.) Whoever wilfully and with intent to injure the person of the Queen or to alarm Her Majesty, or to break the public peace, or so as to endanger the public peace, (i.) points, aims, or presents at or near the person of the Queen any firearm, loaded or not, or any other kind of arm; or (ii.) discharges at or near the person of the Queen any loaded arms; or (iii) discharges or causes to be discharged any explosive material near the person of the Queen; or (iv.) strikes, or strikes at, the person of the Queen in 2 any manner whatever; or (v.) throws anything at or upon the person of the Queen; or (vi.) attempts to do any of the things specified in (ii.) (iii.), (iv.), or (v.) ;— 1 (b.) Whoever produces or has near the person of the Queen any arm or destructive or dangerous thing with intent to use the same to injure the person of the Queen or to alarm Her Majesty. 4 3 ARTICLE 68. CONTEMPTS AGAINST THE QUEEN. Every one commits a misdemeanor who is guilty of any contempt against the person of Her Majesty, or her royal dignity, by means of any contumelious, insulting, or disparaging words, acts or gestures. 1[" Any gun, pistol, or any other description of firearms, or of other arms whatsoever." 2" With any offensive weapon or in any other."] 3 S. D. Art. 65. 4 [I have taken the words of the 7th Rep. C. C. L. art. 2, c. ii, s. 2, founded on Hawkins, P. C. bk. i. ch. vi., which contains much obsolete and even more indefinite and undefinable matter. See, too, 6th Rep. C. C. art. 44, and note. Hawkins treats contempts against the judges of the King's Courts under this head. Contempt of court seems to me hardly to be a branch of the criminal law.] 1 ARTICLE 69. SOLEMNISING OR ASSISTING AT MARRIAGE OF A MEMBER OF THE ROYAL FAMILY. 2 [Every person commits a misdemeanor who knowingly or wilfully presumes to solemnize, or to assist, or to be present at the celebration of any marriage of any descendant of the body of King George the Second, male or female (other than the issue of princesses married into foreign families), or at his or her making any matrimonial contract without the consent specified in 12 Geo. 3, c. 11. 3 Every person committing such a misdemeanor is put out of the Queen's protection. His lands, tenements, goods, and chattels are forfeited to the Queen, and he is to be imprisoned for life (perhaps, at the Queen's pleasure). ARTICLE 70. INCITING TO MUTINY. 3 Every one commits felony who maliciously and advisedly endeavours, (a.) to seduce any person serving in Her Majesty's forces by sea or land from his duty and allegiance to Her Majesty; or (b.) to incite or stir up any such person to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatever.] 1 S. D. Art. 66. 2 [12 Geo 3, c. 11. s. 3. The punishment is præmunire, as explained by Coke, 1 Inst. 130 a; see 7th Rep. C. C. L. p. 37.] The Act 12 Geo. 3, c. 11, was held to avoid a marriage contracted out of England contrary thereto, but how far the 3rd section would apply to an offence against the same committed in Canada is not, I think, clear. The Sussex Peerage Case, 11 C. & F. 85, 148. S. D. Art. 63. 537 Geo. 3, c. 70, s. 1, Draft Code, s. 82. R. v. Sherman, 17 U. C. C. P. 166. 1 ARTICLE 71. ENTICING SOLDIERS OR SAILORS TO DESERT. 1 Every one is guilty of a misdemeanor who, not being an enlisted soldier in Her Majesty's service, or a seaman in Her Majesty's naval service, (a.) by words or with money or by any other means whatsoever, directly or indirectly persuades or procures, or goes about or endeavours to persuade, prevail on or procure, any such soldier or seaman to desert from or leave Her Majesty's military or naval service; or (b.) conceals, receives or assists any deserter from Her Majesty's military or naval service, knowing him to be such deserter. 2 The offender may be prosecuted by indictment or summarily before two justices of the peace. In the former case he is liable to fine and imprisonment in the discretion of the court, and in the latter to a penalty not exceeding two hundred dollars, and not less than eighty dollars and costs, and in default of payment, to imprisonment for any term not exceeding six months. ARTICLE 72. RESISTING EXECUTION OF WARRANT FOR ARREST OF 3 Every one who resists the execution of any warrant authorizing the breaking open of any building to search for any deserter from Her Majesty's military or naval service is liable on summary conviction before two justices of the peace to a penalty of eighty dollars. 1 R. S. C. c. 169, ss. 1,4; R. v. Sherman, 17 U. C. C. P. 166; R. v. Patterson, 27 U. C. Q. B. 142. See 29 & 30 Vict. c. 109, ss. 25, 26; 44 & 45 Vict. c. 58, s. 153. 2 Not however to exceed five years; Art. 17. 3 R. S. C. c. 169, s. 7. |