CO885-(7-8) — Page 312

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PUBLIC RECORD OFFICE

Reference :-

CO.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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tected from criminal responsibility for using reasonable force in preventing any person entitled by law to enter on such property or ship or vehicle from entering thereon, or in removing therefrom any such person who has so entered; provided he does not strike or do bodily injury to such person; and if the person entitled by law to enter attempts to effect entry or to resist his removal from such immovable property or vehicle or ship, or otherwise assaults the person in possession or any person lawfully assisting him or acting under his authority, he shall be deemed to commit an assault without justification or provocation.

54.-Defence of immovable Property, Ship, or Vehicle without a Claim of Right,

A person who is in possession of any immovable property, or A, 63. ship or vehicle, but neither claims a right thereto nor acts B. 64. under the authority of a person claiming a right thereto, is neither justified in, nor protected from, criminal responsibility for using force in preventing the entry thereon of any person entitled by law to enter, or in removing therefrom any such person when he has entered; and if the person so entitled attempts to enter or enters on such property or ship or vehicle, and the person in possession thereof, or any person assisting him or acting under his authority, resists such entry or attempts to remove any such person when he has so entered, and the person entitled thereupon assaults the person in possession, or any person assisting him or acting under his authority, such assault shall be deemed to have been justified and provoked.

55.-Defence of a Dwelling-house,

Any person who is in possession of a dwelling-house is pro- A. 62, 63. tected from criminal responsibility for using reasonable force B. 61, 62.

C. 267. to prevent the breaking of the house, either by night or day, by any person whom he believes on reasonable grounds to be breaking or attempting to break the dwelling-house with intent to commit a felony or misdemeanour therein.

56.—Exercise of a Right of Way or Easement.

Any person lawfully entitled to enter upon any land for the A. 66 exercise of any right of way, or other easement, or profit, is B. 65. justified in peaceably entering on such land for the purpose of C. 286. exercising such right of way, easement, or profit;

provided that if any one so entering has notice that his right to use such way or easement, or to take such profit, is disputed by the person in possession of such land, an assault committed by such person, or by any person acting under his authority, for the purpose of making the person entering desist from such entry, shall be deemed to be

рго- voked by the person entering.

57.-Domestic Discipline.

C. 280

Any parent, or person in the place of a parent, or for a A. 67. schoolmaster, or master, is justified in using such force by B way of correction towards any child, pupil, or apprentice under his care, as reasonable under the circumstances.

A. 67.

B. 66. C. 281.

0.266.

Cf. 277 in draft.

A. 68.

B. 67.

0. 282.

A. 69.

B. 68.

C. 283.

B. 69.

C. 284.

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58.—Discipline of a Ship.

Any master or officer in command of a ship on a voyage is justified in using such force for the purpose of maintaining good order and discipline on board of his ship as he believes on reasonable grounds to be necessary, and as is reasonable in degree.

59.—Restraint of Lunatics and Drunkards.

Any person is protected from criminal responsibility for using the least possible amount of force necessary to prevent the commission by a person of unsound mind, or any person whom he believes on reasonable grounds to be of unsound mind, or any drunken person, of any act likely to cause bodily injury to any person, or damage to any property, or of any act punishable by law, provided that the likelihood of such person committing such act may reasonably be supposed to be the effect of his unsoundness of mind or drunkenness, as the case may be.

60.-Surgical Operations.

Any person is protected from criminal responsibility for performing with such care and skill as may reasonably be expected of him any surgical operation upon any person for his benefit; or upon an unborn child, or a child which is not a human being within the meaning of this Code, for the preser vation of the mother's life; provided that performing the operation is reasonable, having regard to the patient's state at the time, or in the case of a child, to the state of the

mother, and to all the circumstances of the case.

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61.-Excess.

Any person authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.

62.-Consent,

Every one is protected from criminal responsibility for the use of force on the person of another by the consent, express or implied, thereto of the person on whoin it is used, except where it is otherwise in this Code expressly provided;

provided that the consent has not been obtained by fraud, deceit, force, or a threat thereof, or from any person disabler by age, mental infirmity, illness, intoxication or stupefaction, from forming a reasonable judgment on the circumstances of the case;

and provided that the consent is not to the inflictior of death, of an injury likely to cause death, or of grievous bodily injury, or to the use of force with any unlawful intention;

and provided that the consent of a person under the age of fourteen years is no defence to a charge of indecent assault.

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CHAPTER IV.-PARTIES TO OFFENCES.

63.-Aiding, procuring, common Intention.

Any person is guilty of, and may be tried and punished for, A. 72. an offence which is actually committed who

(1.) does the act which constitutes the offence; or (2.) aids any person in committing the offence; or

(3.) does any act for the purpose of aiding any person, to commit the offence; or

(4.) directly or indirectly counsels or procures any other person to commit the offence.

If several persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is guilty of every offence committed by any one of them in the prosecution of such common purpose if the commission of such offence was or ought to have been known to be a probable consequence of the prosecution of such common purpose.

64.-Offence committed other than the Offence intended.

B. 71. 0.7.

24 & 25 Vict. o. 94, 4.2.

Any person who counsels or procures another to commit A. 73. an offence of which that other is afterwards guilty is guilty of B. 72, that offence, although it may be committed in a way different C. 9. from that which was counselled or suggested.

Any person who counsels or procures another to commit an offence is guilty of every offence which that other commits in consequence of such counselling or procuring, and which the person counselling or procuring knew, or ought to to have known, to be likely to be committed in consequence of such counselling or procuring.

65.—Accessory after the Fact defined.

An accessory after the fact to an offence is one who receives, A. 74. comforts, or assists, any one who has been a party to such B. 73. offence, in order to enable him to escape, knowing him to have C. 10. been a party thereto;

provided that no married woman whose husband has been a party to an offence shall become an accessory after the fact thereto by receiving, comforting, or assisting her husband, or by receiving, comforting, or assisting, in his presence and by his authority, any other person who has been a party to such offence, in order to enable her husband or such other person to escape.