May 21.] THE NEW ZEALAND GAZETTE. 1637

(d.) Assists by any means whatever any public enemy at war with His Majesty.

101. Every one is liable to imprisonment for life who for any traitorous or unlawful purpose endeavours to seduce any person serving in His Majesty’s Forces by sea or land from his duty or allegiance to His Majesty, or to incite any such person to commit any traitorous or mutinous act.

102. (1.) A seditious intention is an intention to excite disaffection against His Majesty or against the Parliament or Government of the United Kingdom, or against the Parliament or Government of New Zealand, or against the Government of Samoa, or to excite such hostility or ill-will between different classes of the inhabitants of Samoa as may be injurious to the public welfare, or to incite, encourage, or procure lawlessness, violence, or disorder in Samoa, or to procure otherwise than by lawful means the alteration of any matter affecting the laws, government, or constitution of Samoa.

(2.) Seditious words are words expressive of a seditious intention.

(3.) A seditious libel is a libel expressive of a seditious intention.

(4.) A seditious conspiracy is an agreement between two or more persons to carry into execution a seditious intention.

(5.) Every one is liable to two years’ imprisonment who speaks any seditious words or publishes a seditious libel, or is a party to a seditious conspiracy.

103. (1.) He who with malice aforethought and without lawful justification causes by any act or omission the death of any person is guilty of murder, and shall on conviction be sentenced to death.

(2.) “Malice aforethought” means—

(a.) An intention to cause the death either of the person killed or of any other person; or

(b.) An intention to cause grievous bodily harm either to the person killed or to any other person.

104. He who negligently and without malice aforethought by any act or omission causes the death of any person is guilty of manslaughter, and is liable to imprisonment for life.

105. In the two last preceding clauses the term “omission” means an omission to perform a legal duty, whether undertaken by contract or imposed by law, and whether owing to the person killed or to any other person.

106. Every one who undertakes, whether by a legally binding contract or otherwise, to do any act the omission of which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible accordingly for any death caused by such omission.

107. Every one who has in any manner whatever the charge of any other person unable by reason either of detention, youth, age, sickness, insanity, or any other cause to withdraw himself from such charge is under a legal duty to supply that person with the necessaries of life, and is criminally responsible accordingly if the death of that person is caused by an omission so to supply him with the necessaries of life.

108. Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes, or maintains anything whatever, which in the absence of precaution or care may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible accordingly for any death caused by an omission to perform that duty.

109. He who hastens the death of any person from any disease or disorder from which he is already suffering shall be deemed to have caused the death of that person.

110. He whose act or omission results in the death of any person shall be deemed to have caused his death, although the immediate cause of death is the act or omission of some other person or some other independent intervening event.

111. Every one who attempts to commit murder shall be liable to imprisonment for life.

Inciting to mutiny.

Seditious offences.

Murder.

Manslaughter.

“Omission” defined.

Omissions dangerous to life.

Omission to supply the necessaries of life.

Liability of persons having charge of dangerous things.

Hastening death.

Indirect cause of death.

Attempted murder.