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Lieutenant Governor of the Province of Quebec shall have JJ^^^re "*
declared by Proclamation in the Official Gazette of that established
ProTince, that suitable arrangements have been made in ^^y^!! rertain
any district in that Province, for the detention and female con-
proper government and discipline of female convicts J^^^^J ^
in any separate building or separate i)ortion of the be detained
common gaol in such district as a reformatory prison *^®"*'*-
for such convicts, and that such separate building or
portion of a common gaol shall be a reformatory prison for
,the purposes of this Act, — then whenever any femtde person
shall thereafter be convicted in the said Province of any felony
hot capital, and, for which she would, without this Act, be
punishable by imprisonment for any term not less than two
years but not exceeding seven yeai-s, then such female convict
shall be punishable by imprisonment in the female reforma-
tory prison for any term less than seven, but not less than
five years, and she may be sentenced to such imprisonment
accordingly, although without this Act she might not
be liable to imprisonment in the penitentiary for so long a
term as that for which she may be so sentenced to imprison-
ment in the female reformatory prison.

8. And if after such Proclamation as aforesaid, any female And certain
person shall be convicted of any felony or misdemeanor two " ^i^
punishable without this Act, by imprisonment, but not for tlons or bv
any term so long as two years, or of any offence against the ^nsenu"*
Act passed in the session neld in the thirty-second and thirty- 32, 33 \\ c.
third years of Her Majesty's reign, and intituled " An Act ^®'
respecting Vagrants" then, unless it be proved that she has been
previously convicted and imprisoned twice or ofteneT (each

of

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888 Otiap. 30. Peniale keformatory Prisons, Quebec. 84ViGT.

of such convictions being for some such felony, misdemeanor
or offence, as aforesaid) such convict shall be asked, by the
judge, Recorder, Judge of a County Court, Judge of the Ses-
sions of the Peace, Commissioner of Police, District or Police
or Stipendiary Magistrate, mayor, warden, or the two Jus-
tices of thjB re*»ce, or other functionary before whom the
conviction shall be had, whether she consents, instead of the
imprisonment to which she may be otherwise liable, to be
sentenced to imprisonment for a term of five years, in the
female reformatorv prison ; if she refuses to give such con-
sent, sentence shall be passed upon her as if this Act had not
been passed, but if she gives such consent, or it be proved
that she has been twice convicted as aforesaid, the fact shall
be duly recorded or entered on the proceedings in the case, and
she shall be sentenced accordingly to imprisonment in the
female reformatory prison for a term of five years.

wntence^o '* Every sentence to imprisonment in the female refonna-
inciade hArd tory prison, shall include hard labour, whether it be or be
^^i^rison*'^ not mentioned in the sentence ; and if at the time of the
to 1^ Srried passing of any such sentence, there be more than one female
^^* reformatory prison in the said Province of Quebec, then the

imprisonment under such sentence shall be in that one of
such jeformatory prisons which shall be in the same district
as the place at which the sentence is passed, or if there is
no reformatory prison in such district, then in the reforma-
tory prison nearest to such place ; but if there be not more than
one such reformatory prison in the Province, then siTch
re ^^riaonw ' ™P™onment shall be in it ; and in any case the sheriff of
^^ p oncp ^j^^ district in which the sentence is passed, or any person
thereunto by him deputed, shall have the like i)owers for
conveying the convict to the reformatory prison in which
she. is to be imprisoned, as any sheriff nas to convey any
convict to the penitentiary.

Erery snch 4. Each such female reformatory prison as aforesaid shall
House of Cor- ^^ ^ house of Correction and public reformatory prison,
rection, Ac, within the meaning of the sixth sub-section of the ninety-
a! Act *'^' socond section of" The British North America Act, 1867," and
subject to such laws as the Legislature of the Province of
Quebec may make with respect to the establishment, main-
tenance and management thereof.

Convicts in O. And whereas it may be found expedient in the Province
K»oi"mftTbo ^f. Quebec, to employ convicts sentenced to hard labour,
employed being males, out of the walls or precincts of the prison in
- -^ - ^~ which they may have been sentenced to be confined ; there-
fore, it is hereby provided and enacted, that it shall be lawful
for any sheriff or gaoler in the said Province being thereunto
authorized by the Lieutenant Grovernor thereof or in such

manner



onttide the



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18*7L Female Reformatory Prisons, Quebec, 8fc. Chaps. 80, 82. 389

manner as any Act of the Legislature of the Province may
provide, and under such regulations as the said Legislature
may make or authorize to be made in that behalf, to employ
any male convicts sentenced to hard labour in such prison,
at hard labour outside the walls or precincts of such prison,
and to exercise the same powers of restraint and discipline, Powers for
and for preventing escape, while they are so outside of the esoapes^*^
said walls or precincts, as if they were inside the same, and
whether their labour be so employed directly by the Grov-
emment of the said Province, or by any contractor to whom
snch labour shall have been let or hired out by the said
G-ovemment or by any competent authority ; and the sen-
tence of any such male convict, whether pronounced before
or after the passing of this Act, shall be understood to
include such employment as aforesaid, and any time during
which a convict shall be so employed, shall be reckoned as
part of the term for which he was sentenced to be confined
in such prison.

6. Every common gaol in the Province of Quebec, shall 4e ^J^^^^Jj
be (and shall be held to have been) a House of Correction, to be Houseg
reformatory prison, and place of detention. of Correction,

7. This Act shall come into force and take eflFect upon, ^J^^^^^^^^^
from and after the first day of Jantiary, in the year one
thousand eight hundred and seventy-two.



CHAP. 32.

An Act for more effectually preventing the desertion of
Seamen in the Port of Quebec.

[Assented to lUh April, 18^1.]

IN order to provide more effectually for the prevention of PtfcmbU.
the desertion of Seajnen in the Port of Quebec : Her
STajesty, by and with the advice and consent of the Senate
and House of Commons of Canada, enacts as follows : —

^ 1. Any person convicted of any offence under either the imprison^
first or tne second section of the Act forming chapter forty- ^encet'
three of the Consolidated Statutes of Canada, entitled: " An agaiaitcju^
Act for more effectually preventing the desertion of Seamen,^* ^^ ^'^'^
may be imprisoned with or without hard labor for any
period not exceeding^ six months nor less than three months



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390 Ohap. 82. Desertion of Seamen, Quebec. 84 YlCfT.

in lieu of any penalty incurred by such offence under such
section.

Penalty 2. The penalty and imprisonment mentioned in the third

of thftt^Act, section of the, said Act shall be incurred by any person found
loitering near any vessel in the port of Quebec, and not
giving a satisfactory account of his business there, whether
such person be or be not at the time in a boat or other water
craft.

And for 3. Any i)er8on convicted of any offence under the fifth

und^r^s. 5. section of the above mentioned Act, may be imprisoned

with or without hard labor for any period not exceeding

sixty days nor less than thirty days,* in lieu of any penalty

incurred by such offence under such section.



85.



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35 VICTORIA.



CHAP. 31



An Act to amend the Criminal Law relating to Violence,
Threats and Molestation.

[Assented to iAth June, 1872.]

HEE MAJESTY, by and with the advice and consent of P'-^wnbU.
the Senate and Honse of Commons of Canada, enacts
as follows : —

I . Every person who does one or more of the following J*"^*** ..
acts, that is to say: — twnfiare— '

1. Uses violence to any person or any property, —

2. Threatens or intimidates any person in such mnnnf^r as
would justify a Justice of the Peace, on complaint made to
him, to bind over the person so threatening or intimidating
to keep the peace, —

3. Molests or obstructs any person in manner defined by
this section, —

With a view to coerce such person, —

(a) Being a master, to dismiss or cease to employ any
workman, or bein^ a workman, to quit any employment, or
to return work before it is finished ;

(6)



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392 Chap. 31. Violence, Threats and Molestation. 85 ViCT.

{b) Being a master, not to offer, or being a workman, not
to accept any employment or work ;

(c) Being a master or workman to belong to, or not to belong
to, any temporary or permanent association or combination ;

(d) Being a master or workman, to pay any fine or penalty
imposed by any temporary or permanent association or com-
bination ;

(e) Being a master, to alter the mode of carrying on his
business, or the number or description of any i>erson8 em-
ployed by him, —

(^iity of Shall be guilty of an offence against this Act, and shall be

agafnstthis liable to imprisonment, with or without hard labor, for a
Actand ierm not exceeding? three months.

punishable. ^

DefinitioDB, ^^ 4. A person shall, for the purposes of this Act, be deemed
ild^* oiJi'*^'" to molest or obstruct another person in any of the following
•tructing." cases ; that is to say, —

(a) If he persistently follows such other person about from
place to place ;

(b) If he hides any tools, clothes or other property owned
or used by such other person, or deprives him of, or hinders
him in the use thereof;

(c) If he watches or besets the house or place where such
other person resides or works or carries on business, or hap-
pens to be, or the approach to such house or place, or if with
two or more other persons he follows such other person in a
disorderly manner in or through any street or road.

wi\^iS)Uity ^* Nothing in this section shall prevent any person from be-
for greater ing liable under any other Act, or otherwise, to any other or
^^rf ^knd- ff^^^t^^ punishment than is provided for any offence by this
fn^ not liable sectiou, but 60 that no person shall be punished twice for
twice fOT the same offence : Provided that no person shall be liable to
game o ence. ^^^ punishment for doing or conspiring to do any act, on
the ground that such act restrains or tends to restrain the
free course of trade, unless such act is one of the acts here-
inbefore specified in this section, and is done with the object
of coercing as hereinbefore mentioned.

LEGAL PROCEEDINGS.

How PJ2i^be ^* ^^ offences under this Act, shall be prosecuted under
bwight til© provisions of the Act passed in the session held in tiie

thirty-second



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1S12. Violence J Threats and Molestation. 86 ViOT, 898

thirty-second and thirty-third years of Her Majesty's reign, 32, 33 v., c.
and intituled " An Act respecting the duties of Justices of the ^'y ^ 2*1.
Peace out of Sessions, in relation to summary convictions and
orders,'' as amended by the Act passed in the thirty-third year
of Her Majesty's reign, and intituled " An Act to amend the
" Act respecting the duties of Justices of the Peace out of Ses^
" sions in relation to summary convictions and orders,'' and any
Act passed in the present session amending the same ; pro- Proriso ; if
vided that the complaint or information, in any such case, po'iiiJe^ams-
shall be brought, heard and determined before a Stipendiary trate, &c.
or Police Magistrate, or some other functionary having,
under the said Acts, the powers of two Justices of the
Peace, if the offence be committed in any city, town or
place in which any such magistrate or functionary has juris-
diction ; and if the offence be committed elsewhere, then
before two Justices of the Peace : Provided that the descrip- Proyiso, aa to
tion of any offence under this Act in the words of this Act, pffj^'ee^.*^'' ^
shall be sufficient in law ; and that any exception, proviso, Exceptioni,
excuse or qualification, whether it does or does not accom- *^-
pany the description of the offence in this Act, may be
proved by the defendant, but need not be specified in the
information or complaint, and if so specified and negatived,
no proof in relation to the matter so specified and negatived
shall be required on the part of the informant or prosecutor.

3. If any party feels aggrieved by any summary convic- Appeal.
tion or order under this Act, such party may appeal there-
from in the manner and subject to the conditions provided

in the Acts mentioned in the next preceding section, in cases
in which an appeal is allowed by the said Acts,

4 . No person who is a master, or the father, son or brother Certain par-
of a master in the particular manufacture, trade or business, ijg**,^|[*ii^ *°*
in or in connection with which any offence under this Act trates under
is charged to have been committed, shall act as a magistrate *^^ ^*^

or Justice of the Peace, in any case of complaint or informa-
tion under this Act, or as a member of any court for hearing
any appeal in any such case.

5. So much of any Act or law as may be inconsistent with Rep«Ai of
this Act, is hereby repealed : Provided that such repeal shall onactmenu!
not affect anything duly done or suffered, or any right ac- PfotUo.
quired, or any liability, penalty or forfeiture incurred, before

the passing of this Act, or any proceeding pending at the
time of the passing thereof, for enforcing any such righti
liability, penalty or forfeiture.



CHAR

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iU



Chap. 82. Fraudulent Marking of Merchandiie. 86 VxoT.



Preamble.



Tnterpi
tion "



Per-



tfark.



Trade Mark.



Forging or
counteneit-
!ng any trada
mark, or un-
lawfully ap«
plying the
same to be a
mlsdameanor.



CHAP. 32.

An Act to amend the Law relating to the fraudulent
marking of Merchandise.

[Assented to Uth June, 1872.]

WHEREAS it is expedient to amend the law relating to
the fraudulent marking of Merchandise, and to the sale
of Merchandise falsely marked for the purpose of fraud :
Therefore Her Majesty, by and with the advice and consent
of the Senate and House of Commons of Canada, enacts as
follows : —

1. In the construction of this Act the word " person " shall
include any person, whether a subject of Her Majesty or not,
and any body corporate or body of the like nature, whether
constituted according to the law of Canada, or of any of Her
Majesty's dominions or colonies, or according to the law of
any foreign country, and also any company, association or
society of persons, whether the members thereof be subjects
of Her Majesty or not, or some of such persons be subjects of
Her Majesty and some of them not, and whether such body
corporate, body of the like nature, company, association or
society, be established or carry on business within Her
Majesty's Dominions or elsewnero, or partly within Her
Majesty's Dominions and partly elsewhere : the word "mark"
shall include any name, signature, word, letter, device,
emblem, figure, sign, seal, stamp, diagram, label, ticket or
other mark of any other description : and the expression
" trade mark", shall include any and every such name, signa-
ture, word, letter, device, emblem, figure, sign, seal, stamp,
diagram, label, ticket or other mark as aforesaid, registered
or unregistered, lawfully used by any person to denote any
chattel or article to be an article or thing of the manufacture,
workmanship, production or merchandise of such person, or
to be an article or thing of any peculiar or particular descrip-
tion, made or sold by such person, and shall also include any
name, signature, word, letter, number, figure, mark or sign,
which, in pursuance of any Statute or Statutes for the time
being in force, relating to trade marks or registered designs,
is to be put or placed upon or attached to any chattel or
article during the existence or continuance of any patent,
copyright or other sole right acquired under the provisions
of such Statutes or any of them.

2. Every person who, with intent to defraud, or to enable
another to defraud any person, forges or counterfeits, or
causes or procures to be forged or counterfeited, any
trade mark, or applies, or causes or procures to be ai>-
plied, any trade mark or any forged or counterfeit trade

mark,



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Google



1871 Fraudulent Marking of Merchandise. 85 Vier. 396

mark, to any chattel or article, not being the mafnnfactnre,
workmanslup, production or merchandise of any person
denoted or intended to be denoted by such trade mark, or
denoted or intended to be denoted by such forged or counter-
feited trade mark, or not being the manufacture, workman-
ship, production or merchandise of any person whose trade
mark is so forged or counterfeited ; or applies, or causes or
procures to be applied any trade mark, or any forged or coun-
terfeited trade mark, to any chattel or article, not being the
particular or peculiar description of manufacture, workman-
ship, production or merchandise, denoted, or intended to be
denoted by such trade mark, or by such forged or counter-
feited trade mark, is guilty of a misdemeanor ; and every Articles
person so committing a misdemeanor shall also forfeit to Her forfeited%nd
Majesty every chattel and article belonging to such person aisoinstro-
to which he has so unlawfully applied, or caused or SarkinJT** ^^
procured to be applied, any such trade mark or forged
or counterfeited trade mark as aforesaid ; and every
instrument in the possession or power of such person, and
by means of which any such trade mark, or forged or coun-
terfeited trade mark as aforesaid, has been so applied, and
every instrument or mark in the possession or power of such
person for applying any such trade mark, or counterfeited
trade mark as aforesaid, shall be forfeited to Her Majesty ;
and the court before which any such misdemeanor is tried ^^ dispofltd
may order such forfeited chattels or articles as aforesaid to be
destroyed or otherwise disposed of as such court thinks fit

3. Every person who, with intent to defraud, or to enable Hfi J^^^
another to defraud any person, applies or causes or procures trade mark to
to be applied any trade mark or any forged or counterfeited 5J^^^*j['c
trade mark, to any cask, bottle, stopper, cork, capsule, vessel, to be a mis- '
case, cover, wrapper, band, reel, ticket, label or other thing in, demeanor,
on, or with whidi any chattel or article is intended to be sold
or is sold, or uttered or exposed for sale, or intended for any
purpose of trade or manufacture ; or encloses or places any
chattel or article, or causes or procures any chattel
or article to be enclosed or placed in, upon, under, or
with any cask, bottle, stopper, cork, capsule, vessel, case,
cover, wrapper, band, reel, ticket, label or other thing to
"which any trade mark has been falsely applied, or to wnich
any forged or counterfeit^ trade mark has been applied ; or
applies or attaches or causes or procures to be applied or
attached to any chattel or article, any case, cover, reel, ticket,
or label or other thing to which any trade mark has been
falsely applied, or to which any forged or counterfeited trade
mark has been applied ; or encloses, places or attaches any
chattel or article, or causes or procures any chattel or article
to be enclosed, placed, or attached in, upon, under, with, or
to any cask, bottle, stopper, ves6el,caAe, cover, wrapx>er, band

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896 Chap. 8S. Fraudulent Marking of Merchandise. 86 YiCT.

reel, ticket, label or other thing having thereon any trade

mark of any other i)erson, is guilty of a misdemeanor :

Ariiciei to b« and every person so committing a misdemeanor, shall also

aJio S^tru"** forfeit to Her Majesty every such chattel and article, and also

mcuis ufled. every such cask, bottle, stopper, vessel, case, cover, wrapper,

band, reel, ticket,' label or other thing as aforesaid in the

possession or power of such person ; and every other similar

cask, bottle, stopp)er, vessel, case, cover, wrapper, band, reel,

ticket, label or cither thing made to be used in like manner as

aforesaid, and every instrument in the possession or i>ower

of such person, and by means of which any such trade mark,

or forged or counterfeited trade mark as aforesaid has been

applied, and also every instrument or mark in the possession

or i)ower of such person for applying any such trade mark

or forged or counterfeited trade mark as aforesaid, shall be

How disposed forfeited to Her Majesty ; and the court before which any

^' such misdemeanor is tried, may order such forfeited articles

as aforesaid to be destroyed or otherwise disposed of as such

court thinks fit.

Selling and 4. Every i)erson who sells, utters or exposes either for

arudes^bear- Sale or for any purpose of trade or manufecture, or causes or

ing forged procurcs to be sold, uttered or exposed for sale or other pur-

wk wrong^.' pose as aforesaid, any chattel or article, together with any

full/ applied, forged or counterfeited trade mark, which he knows to

be forged or counterfeited, or together with the trade mark

of any other person applied or used falsely or wrongfully or

without lawful authority or excuse, knowing such trade

mark of another person to have been so applied or used as

aforesaid, and that, whether any such trade mark, or forged

or counterfeited trade mark as aforesaid, together with which

any such chattel or article is sold, uttered or exposed for

sale or other purpose as aforesaid, be in, upon, about, or with

such chattel or article, or in, upon, about, or with any cadk,

bottle, stopper, cork, capsule, vessel, case, cover, wrapi)er,

band, reel, ticket, label or other thing in, upon, about, or

with which such chattel or article is so sold or uttered or

Penalty. exposed for sale or other purpose as aforesaid — shall for every

such offence forfeit and pay to Her Majesty a sum of money

equal to the value o^ the cnattel or article so sold, utterea,

offered or exposed for sale or other purpose as aforesaid, and

a further sum not exceeding twenty dollars and not less

than two dollars.

WhatihaUba 5. Every addition to and every alteration of, and also
fowdand ^^^Tf imitation of any trade mark which is made, applied
eounterfeiud or used with intent to defraud, or to enable any other person to
irada mark, defraud, or which causes a trade mark vdth such alteration
or addition, or causes such imitation of a trade mark, to
leMmble any genuint trade marfc so or in such a attfnner



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iSH. Praudulent Marking (^Merchandise, Chap. 82* 89.7

as to be calculated or likely to depeive, sliall be and be
deemed to be a false, forged and counterfeited trade mark
within the meaning of this Act; and every act of making, And what an
applying, or otherwise using, procuring, yendhig, or de- gSch inarf!"^^
livering to another, any such addition to or alteration of a
trade mark or any ^uch imitation of a trade mark as afore-
said, done by any person with intent to defraud, or to enable
any other person to defraud, shall be and be deemed to be
forging and counterfeiting a trade mark within the mean-
ing of this Act ; and every act of making, applying, using,
procuring, vending or delivering to another, or having in
possession any forged or counterfeited trade mark, or any
trade mark without the authority of the owner of such
trade mark, or of some person by him authorized to use or
apply the same, or other lawful and sufficient excuse, shall
be primd facie evidence of an intent to defraud, or to enable
another person to defraud, and shall be deemed to be forg-
ing and counterfeiting such trade mark, within the mean-
ing of this Act.

6. "Where any person has before or after the coming into Person seU-
force of this Act, sold, uttered, or exposed for sale or other a^Scie^bear-
purpose as aforesaid, or has caused or procured to be sold, ing torgcd
uttered or exposed for sale or other purpose as aforesaid, ^nd'^'^ffive
any chattel or article together with any forged or coun- information
terfeited trade mark, or together with the trade mark ^^p^



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