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such trial; except that the punishment to be awarded,
upon conviction of any such pei-son, shall be according to
the laws in force in the North- West Territories : and the
sentence may be carried into eflFect in a penitentiary or other
place of confinement in the said Province, as if the same
were in the North- West Territories.

Power to con- 6. Whenever, under either of the two next preceding sec-
uTtofiaBSuTba. tions, any convict or accused person is ordered to be conveyed
to gaol or to the penitentiary in Manitoba, any constable or
other person in whose charge he is to be so conveyed, shall
have the same power to hold and convey him, or to re-take
him in case of an escape, and the gaoler or warden of the
penitentiary in- Manitoba shall have the same power to de-
tain and deal with him, in the said Province, as if it were
within the North- West Territories, or as if the said convict
or accused person had been ordered to be conveyed to such
gaol or penitentiary by some competent court or authority in
the said Province.

Castody by 7. Where it is impossible or inconvenient, in the absence
therTii no*^ or remotencsss of any gaol or other place of confinement, to
gaol. carry out any sentence of imprisonment, any Justice of the

Peace or Stipendiary Magistrate, or any two Stipendiary
Magistrates sitting together as aforesaid, or any Judge of the
Court of Queen's Bench of Manitoba, may, according to their
several jwwers and jurisdictions hereinbefore given, sentence
such person so convicted before him or them, and sentenced
as aforesaid, to such imprisonment, to be placed and kept ia
the custody of the police of the North- West Territories, with
or without hard labour, — the nature and extent of which
shall be determined by the Justice of the Peace or Stipendiary
Magistrate or Stii)en(uary Magistrates, or Judge, by or before
whom such person was convicted.

Governor in 8. The Qt>vemor in Council may cause to be erected in
ew^iocE^p. ^y part or parts of the North-West Territories any building
or buildings, or enclosure or enclosures, for the purposes* of
the gaol or lock-up, for the confinement of prisoners charged
with the commission of any ofience, or sentenced to any
punishment therein ; and confinement or imprisonment
therein shall be held lawful and valid.

Supply^g 9. Whenever in any Act of the Parliament of Canada in
offiMw, not force in the North-West Territories, any officer is designated
««i«j^n| in for carrying on any duty therein mentioned, and there shall
tarie^ be no such officer in the North-West Territories, the Lieu-

tenant-Gbvemor



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iSiB.Admim$tration J'ustice, N. J^, territories, ^-c. Cliaps. ^5,46. ^17

tenant-Grovemor in Council may order by what other person
or officer such duty shall be performed ; and anything done
by such person or officer, under such order, shall be valid
and legal in the premises ; or if it be in any such Act ordered
that any document or thing shall be transmitted to any
officer, court, territorial division or place, and there shall be
in the said North-West Territories no such officer, court or
territorial division or place, then the Lieutenant-Gk)vemor in
Council may order to what officer, court or place such
transmission shall be made, or may dispense with the
transmission thereof.

[Note. — Sections 10, 4*c., to end of Act refer to the Mounted
Police force,]

CHAP. 46.

An Act to amend '^ An Act respecting the Militia and
Defence of the Dominion of Canada."

[Assented to 2Srd May, 18*78.]

HER MAJESTY, by and with the advice and consent of P»ambl«.
the Senate and House of Commons of Canada, enacts
as follows : —

1. The twenty-seventh section of the Act passed in the Kew^roTinoa
thirty-first year of Her Majesty's reign, intituled '"^An Act fo^^^,.
respecting the Militia and Defence of the Dominion ofCanaday^ 27 of 31 v.,
is hereby amended by substituting the following to the first ^•
portion of the said section down to and including the words
military commanding officer only, viz. : —

" 2*7. The Active Militia, or any corps thereof) shall be liable By whom and
to be called out for active service with their arms andammu- ^gJ^nVtSe"
nition, in aid of the civil power in any case in which a riot, Actire Miuti»
disturbance of the peace or other emergency requiring such J|^*^**^^**
service occurs, or is, in the opinion of the civil authorities
hereinafter mentioned, anticipated as likely to occur, and (in
either case) to be beyond the powers of the civil authorities
to suppress, or to prevent or deal with, whether such riot,
disturbance or other emergency occurs, or is so anticipated
within or without the municipality in which such corps is
raised or organized : and it shall be the duty of the senior
officer of the Active Militia present at any locality to call out
the same or any portion thereof as he considers necessary for
the purpose of preventing or suppressing any such actual or
anticipated riot or disturbance, or for the purpose of meeting
and dealing with any such emergency as aforesaid, when
thereunto required in writing by the Chairman or Custos of
the Quarter Sessions pf the Peace, or by any three magistrates,

3T ' ^ of



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418



Chap. 46.



Calling out Militia.



36 Vict.



Requisition
must be in
writing.



They mnst
obey their
Gommanding
Officer.

Officers and
men to be
special con-
•tables ; but
to obey
their Military
Commanding
Officer only.



of whom the warden, mayor or other head of the municipality
or county in which such riot, disturbance or other emergency
occujs, or is anticipated as aforesaid, may be one ; and to obey
such instructions as may be lawfully given him by any
magistrate in regard to the suppression of any such actual
riot or disturbance, or in regard to the anticipation of such
riot, disturbance or other emergency, or to the suppression
of the same, or to the aid to be given to the civil i)ower in
case of any such riot, disturbance or other emergency ; and
every sucn requisition in writing as aforesaid shall express
on the face thereof, the actual occurrence of a riot, disturbance,
or emergency, or the anticipation thereof^ requiring such
service of the Active Militia in aid of the civil power, for the
suppression thereof: and every officer, non-commissioned
officer and man of such Active Militia or any portion thereof^
shall, on every such occasion, obey the orders of his com-
manding officer : and the officers and men, when so called
out, shall, without any farther or other api)ointment, and
without taking anv oath of office, be special constables, and
shall be considered to act as such so long as they remain so
.called out ; but they shall act only as a military body, and
shall be individually liable to obey the orders of their military
commanding officer only."



New section
in lieu of 8.
72, of 31 v.,
C40.



3. The seventy-second section of the Act hereinbefore men-
tioned, made and passed in the thirty-first year of Her Majesty's
reign, is hereby repealed, and the following section is sub-
stituted therefor as the seventy-second section of the said
Act:—



qniry and
Courta Mar
tial.



Her Majesty «« 72. Her Majesty may convene courts of enquiry and
Oouru ©rEn- appoint officers of the militia to constitute such courts, for
the purpose of investigating and rei)orting on any matter
connected with the government or discipline of the militia,
and with the conduct of any officer, non-commissioned officer
or private of the force ; and shall have power at any time to
convene militia courts martial, and to delegate power to
convene such courts, and to appoint officers to constitute the
same, for the purpose of trying any officer, non-commissioned
officer or private of the militia for any offence under this
Act, and to delegate also power to approve, confirm, mitigate,
or remit any sentence of any such court ; but no officer of
Her Majesty's regular army on fall pay shall sit on any
militia court martial."



ProTino.



r -1



CHAP.



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I8t8. Offences against the Person^ Sfc, Oliaps. 50, 51. 419

CHAP, so-

An Act to %mend the Act respecting Oflfences against

the Person.



H



[Assented to 2Zrd May, 1873.]

ER MAJESTY, by and with the advice and consent of Preamble.
the Senate and Honse of Commons of Canada, enacts



as follows :-

1. The forty-ninth section of the Act passed in the session ^- ^^®|q^*"^
held in the thirty-second and thirty-third years of Her amendei
Majesty's reign, and intituled ^^ An Act respecting offences
against the Person^'' is hereby amended, so as to be read as
follows : —

" Whosoever commits the crime of rape is guilty of felony, ^p^^^uJ^j,
and shall be liable to suffer death as a felon, or to be im- Seath or im-^
prisoned in the penitentiary for life, or for any term not less prisonment.
than seven years : and whosoever assaults any woman or Assault with
girl with intent to commit rape is guilty of a misdemeanor, JjommitT
and shall be liable to be imprisoned in the penitentiary for
any term not exceeding seven years, and not less than two
years, or to be imprisoned in any other gaol or place of con-
finement for any term less than two years, with or without
hard labour."

And the said section, as so amended, shall form part of the ConstrucUon.
said Act, and be construed and have effect as the forty-ninth
section thereof.



CHAP. 51.

An Act further to amend the law respecting certain
matters of procedure in criminal cases.

[Assented to 28rd May, 18*73.]

HER MAJESTY, by and with the advice and consent of Preamble.
the Senate and House of Commons of Canada, enacts
as follows : —

1. Section one hundred and five of the Act passed in the J^ew section
session held in the thirty-second and thirty-third years of32^|^v.^c:
Her Majesty's reign, and intituled " An Act respecting Pro* 3».
cedure in Criminal Cases^ and other matters relating to

Criminal



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420



KemoTal of

insane

prisoners.



Cliaps. 5l, 52. Procedure in Criminal Cases, ^c. S6 Vic*.

Criminal Law," is hereby repealed and the following sub-
stituted in lieu thereof :

" 106. The Lieutenant-Governor, ui)on sucl{ evidence of
the insanity of any person imprisoned for an offence, or im-
prisoned for safe custody charged with an offence, or im-
prisoned for not finding bail for good behaviour or to keep the
peace, as the Lieutenant-Governor shall consider sufficient,
may order the removal of such insane person to a place of
safe keeping ; and such person shall remain there, or in such
other place of safe keeping, as the Lieutenant-Governor may,
from time to time, order, until his complete or partial recovery
shall be certified to the satisfaction of the I^eutenant-Gk>v-
emor, who may then order such insane i>erson back to im-
prisonment, if then liable thereto, or otherwise to be dis-
charged."



Preamble.



Periods men-
tioned in 33
V. c. 30, 8. 6,
extended to
iBt Mar, 1875
And 1876.



CHAP. 52,

An Act to extend the Act passed in the 33rd year of
Majesty's Reign, intituled " An Act to amend
" the Penitentiary Act of 1868;*

[Assented to 23f rf May, 18*78.1

HEE MAJESTY, by and with the advice aoid consent of
the Senate and House of Commons of Canada, enacts as
follows : —

1. For and notwithstanding anything contained in the
Act passed in the thirty-third year of Her Majesty's reign,
intituled "il» Act to amend the Penitentiary Act of 1868,"
the period beyond which no person sentenced in New Bruns-
wick or Nova Scotia to be imprisoned with hard labour for
less than one year shall be received or imprisoned in the
penitentiary shall be extended to the first day of May, which
will be in the year of our Lord one thousand eight hundred
and seventy-five ; and the period bt^yond which no person
sentenced in either of the said Provinces to imprisonment
with hard labor for less than two year«, shall be received or
imprisoned in the said Penitentiary, shall be extended to the
jfirst day of May, which will be in the year of our Lord, one
thousand eight hundred and seventy-six.



CHAE



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1878. Passengers on Board Steamers. Chap. 67. 421

CHAP. 57.

An Act to provide for keeping order on board Passenger

Steamers.

[Assented to 2Brd May, 1873.]

HER Majesty, by and with the advice and consent of the PwMrbi©.
Senate and House of Commons of Canada, enacts as
follows :-T-

1. The master or officer in command of any steamer may Disorderly
refuse to' receive on board thereof any person who is drunt EoJuSfrtewn-

or disorderly, or who causes, or is in a condition to cause, jw ; how to
•^ • • 1 T J •_£• T_ be treated,

annoyance or mjury to passengers on board ; or il any sucn

I>er8on be on board, the master or officer may put him on

shore at any convenient place.

3. If any of the following offences are committed on board miSn^w "'
any vessel registered in Canada propelled wholly or in part tain o&ifces
by steam, ana carrying passengers to or from any place or ^^J^,*
places in Canada,or to or from any place or places out of Canada,
not being in the United Kingdom, or between any places in
Canada (which vessels alone are in this Act included in the
term " steamers,") that is to say, —

(1.) If any person being drunk or disorderly has been on
that account refused admission into a steamer by the owner
or any i)erson in his employment, and nevertheless persists
in attempting to enter the steamer :

(2.) If any person being drunk or disorderly on board a
steiEonen: is requested by the owner or any i)^rson in his em-
ployment to leave the same at any place in Canada, being a
reasonably convenient place to leave the same, and does not
comply with such request :

(3.) If any person on board a steamer, after warning by the
niuttter or other officer of the steamer, molests or continues to
molest any passenger :

(4.) If any person, after having been refused admission into
a steamer by the owner or any person in his employment on
account of the steamer being fuU, and having had the amount
of his fare, if he has paid it, returned or tendered to him,
nevertheiess persists in attempting to enter the steamer :

(5.) If any person on board a steamer, without reasonable
excuse, (proof whereof shall lie on him), fails, when request-
ed by the master or other officer thereof, either to pay his fare

or



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422



Chap. 51.



Passengers on board Steamers.



86 Vict.



or exhibit such ticket or other receipt, if any, showing the
pajrment of his fare, as is usually given to persons traveling
by and paying their fare on steamers ; —

The penalty. Then and in every such case, the person so offending shall
for everv such offence incur a penalty not exceeding ten
dollars, out this liability shall not prejudice the recovery of
any amount payable by him as fare.



Ii^uring or
obttructing
the steamer.



Penaltj.



3. If any person on board a steamer, without reasonable
excuse, (proof whereof shall lie on him) does, or causes to
be done, anything in such manner as to obstruct or injure any
part of the machinery or tackle of the steamer, or to obstruct,
impede or molest the crew, or any of them, in the navigation
or management of her, or otherwise in the execution of their
duty on or about the steamer, he shall, for everv such offence,
incur a penalty not exceeding one hundred dollars.



Master of
steamer may
detain
offender.



4. It shall be lawful for the master or other officer of any
steamer and for all persons called bv him to his assistance, to
detain any offender against any of the provisions of the pre-
ceding sections of this Act, whose name and address are
unknown to such master or officer, and to convey such
offender with all convenient despatch before some Justice or
Justices of the Peace, to be dealt with according to law.



^penalties ** ^^ penalty imposed by this Act shall belong wholly
andhow to the Crowu ; and may be recovered with costs, before any
enforced. q^q Justice of the Peace, if it does not exceed ten dollars,
and before any two Justices of the Peace, or any magistrate
having the powers of two Justices of the Peace, under the
32,33 V. c. 31. " Act respecting the duties of Justices of the Peace out of Set'
sions, in relation to summary convictions and orders^^^ as
amended by any subsequent Act or Acts, such Justices of the
Peace having jurisdiction either in the place where the offence
was committed, or if committed while the steamer is under
way, then in the place where it shall next stop ; and any
offender conveyed before such justice or justices, or magis-
trate under the next preceding section, shall be dealt with as
if arrested, and brought before them on his or their warrant,
under the said Act.



Arrest by
master valid



CHAP.



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187S. Pesertion of Seamen, Chap. 58, 423

CHAP. 58.

An Act to amend the Acts for more effectually prevent-
ing the Desertion of Seamen ; and for other purposes,

[Assented to 2^d May, 1878.]

IN amendment of chapter forty-three of the Consolidated Preamble,
Statutes of Canada, ftitituled ''An Act for more effect-
uoily preventing the desertion of seamen,^^ and of the Act of ^

the Parliament of Canada passed in the thirty-fourth year of
Her Majesty's reign, and intituled ** An Act for more effect-
ually preventing the desertion of seamen in the Port of Quebec,^^
Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows: —

1 . There shall be no appeal from any conviction or order R5fir|»t of rih
a^judiged or made under the Acts cited m the preamble to this S^raaien ^
Act, or either of them, by or before any Judge of the Sessions awaj in oasea

- -^ **• - '• -f^^.. »- under Oon.




offence against the said Acts, or either of them, committed
after the passing of this Act ; nor shall such conviction be
quashed for want of form, or removed by certiorari into any
of Her Majesty's superior courts of record ; and no warrant
or commitment, under the said Acts or either of them, shall
be held void by reason of any defect therein, provided that
it be therein alleged that the party has been convicted, and
there be a good and valid conviction to sustain the same.

2. And for the avoidance of doubt, under the Act herein- ^^^^| ^» ^^
after mentioned, it is hereby declared and enacted, that the 31, explained!
Court of Greneral or Quarter Sessions of the Peace appealed
to, may grant or refuse in its discretion the request of the
appellant or respondent to have a jury empannelled to try the
lacts of the case, under the sixty-sixth section of the Act
passed in the session held in the thirty-second and thirty-
third years of Her Majesty's reign, intituled " An Act res-
pecting the duties of Justices of the Peace out of Sessions, in
relation to summary convictions and orders^



CHAP.

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424 Chap. 69. Central Priton, Ontario. 86 Vior.

CHAP. 69.

An Act respecting ** The Central Prison for the Province

of Ontario/'

[Assented to 2Srd May, 18*73.]

Preambb TX7HEBEAS the Legislature of tte Province of Ontario has
YV passed an Act for the estahlishment, maintenance and
management of a reformatory prison to be called ** The Central
Prison for the Province of Ontario ;" and it is expedient that
provision should be made by the Parliament of Canada in
respect thereof: Therefore Her Majesty, by and with the
advice and consent of the Senate and House of Commons of
Canada, enacts as follows : —

Sentenoing of 1 . After a proclamation has been issued by the Lieutenant

toiprteoni^nt Gk>vemor of the Province of Ontario declaring the prison

in the GentTAi buildings now being erected in the City of Toronto, and the

Priion. lands to be used in connection therewith, to be " The Central

Prison for the Province of Ontario," every court of criminal

jurisdiction in the said Province, before whom any i>er8on

shall be convicted of any oflFence punishable by imprisonment

in the common gaol for a period of two months or for any

longer time, may sentence such offender to imprisonment in

the said Central Prison for such period of two months or for

such longer time, instead of in the common gaol of the county

where the offence was committed or was tried.

T»nif©r of 2, After any proclamation shall have been issued as afore-
lommongaoia ^^d all i)erson8 then or thereafter confined in any of the
prS? ^•'^^"^ common gaols of the said Province under sentence of
^' imprisonment for any offence may, by direction of the Pro- *
vincial Secretary of Ontario, be transferred from such com-
mon gaols respectively to such central prison, there to be
imprisoned for the unexpired portion of the term of imprison-
ment to which such persons were originally sentenced or
committed to such common gaols respectively; and such
persons shall thereupon be imprisoned in such Central Prison
for the residue of the said respective terms unless they be in
the meantime lawfully discharged or removed, and shall be
subject to all the rules and regmations of such Central Prison.



Wardon to 3. The warden of the Central Prison shall receive into the

Seuin%5Smd. ^^^ prison every offender legally certified to him as sentenced

•rt. to imprisonment therein ; and shall detain him subject to all

the rule8, regulations and discipline thereof, until the time to

which he has been sentenced shall be completed or until he

B^all be otherwise discharged in due course of law.



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1878. Central Prison, Ontario. Chap. 69. . 426



4. The Lieutenant Q-ovemor of Ontario, by Order in Conn- Empiojineiit
cil, may, from time to time, authorize, direct or sanction Hie worS^*thoS
employment upon any specific work or duty, without or the prison.
beyona the walls or limits of such Central Prison, of any of

the prisoners confined or sentenced to b.^ imprisoned therein ;
and all such prisoners shall, during such last mentioned
employment, be subject to all the rules, regulations and
discipline of the said Central Prison so far as the same may be
applicable, and to such other regulations for the purpose of
preventing escapes and otherwise as may be approved by the
said Lieutenant Grovemor in that behalf: Provided that
when any such prisoner or prisoners shall be so employed
without the walls or limits of such Central Prison, it shall
only be done under the strictest care and supervision of
officers appointed to that duty.

5. The said Lieutenant Grovernor may, from time to time J^rao^^i of
by warrant signed by the Provincial Secretary of Ontario, or P""®"*®"'
by such other officer as may be authorized by the Lieutenant
Grovemor in Council in that behalf, direct the removal of any
offender from the Central Prison to the Provincial Keformatory

or from the Central Prison back to the common gaol, or to
any other gaol, or from the said Keformatory to the Central •
Prison.

6. Whenever the time of any prisoner's sentence in the Discharge of
said Central Prison shall expire on a Sunday he shall be dis- P"»o'»J".
charged on the previous Saturday, unless he desires to remain

until the Monday following.



CHAP,

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37 VICTORIA.



rreamile.



CHAP. 7 .

An Act to amend " An Act to mal*£ further prainsixm as to
Duties of Customs in Manitoba and the North-West Terri-
tories^'' and further to restrain the importation or
manufacture of Intoxicating Liquors into or in the
North-West Territories.

[Assented to 2%th May, 1874.]

IN amendment of the Act passed in the thirty-sixth year of
Her Majesty's reign, intituled " An Act to make further
provision as to Duties of Customs in Manitoba and the North-
West Territories^'' Her Majesty, by and with the advice and
consent of the Senate and House of Commons of Canada,
enacts as follows*: —

1 . The period limited by the first section of the Act herein
above cited is hereby extended, so that the Duties of Customs
chargeable by law in Rupert's Land at the time of the pass-
ing of the Act • referred to in the said section, shall be con-
tinued without increase in the Province of Manitoba and the
North- West Territories, until the first day of July, One thou-
sand eight hundred and seventy four, subject to the exception
made in the first sub-section of the said section, and to the
' exceptions and provisions hereinafter contained.

Subs. 2 of 8. 1 8. From and after the passing of this Act sub-section two
re^aw an^' ^^ *^^ ^^* Section of the said Act shall be and is hereby



Online LibraryCanadaActs of the Parliament of the dominion of Canada relating to criminal law ... → online text (page 47 of 51)