CHAPTER 148. An Act respecting Public and Reformatory Prisons. SHORT TITLE. 1. This Act may be cited as the Prisons and Reformatories Short title. Act. INTERPRETATION. 2. In this Act, unless the context otherwise requires,- (b) 'court' includes a police or stipendiary magistrate, but, (c) refuge' means any institution for the care of the young or of adult females to which they may by law be sentenced by a court; (d) 'superintendent' includes the matron, superior or other head or person in charge of any refuge. R.S., c. 183, ss. 1 and 18; 57-58 V., c. 60, s. 1. Definitions. PART I. GENERAL. Term of Imprisonment. ment and 3. The term of imprisonment in pursuance of any sentence Commenceshall, unless otherwise directed in the sentence, commence on duration. and from the day of passing such sentence, but no time during which the convict is out on bail shall be reckoned as part of the term of imprisonment to which he is sentenced. c. 29, s. 955. Insecure Prisons. 55-56 V., 4. The Governor in Council or the lieutenant governor Removal of of any province may, if, from the insecurity or unfitness prisoners. of any gaol of any county or district for the safe custody of prisoners, or for any other cause, he deems it expedient so to do, order any person charged with an indictable offence confined in such gaol, or for whose arrest a warrant has been Authority for removal. Powers of Idem. In case of death sentence. Substitution of neighbour proclamation. issued, to be removed to any other place for safe keeping, or to any gaol, which place or gaol shall be named in such order, there to be detained until discharged in due course of law, or removed for the purpose of trial to the gaol of the county or district in which the trial is to take place. 2. A copy of such order, certified by the clerk of the King's Privy Council for Canada, or the clerk of the executive council, or by any person acting as such clerk of the Privy Council or executive council, shall be sufficient authority to the sheriffs and gaolers of the counties or districts respectively named in such order, to deliver over and to receive the body of any person named in such order. 55-56 V., c. 29, s. 649. 5. The Governor in Council or a lieutenant governor may, in any such order, direct the sheriff in whose custody the person to be removed then is, to convey the said person to the place or gaol in which he is to be confined, and in case of removal to another county or district shall direct the sheriff or gaoler of such county or district to receive the said person, and to detain him until he is discharged in due course of law, or is removed for the purpose of trial to any other county or district. 2. The Governor in Council or a lieutenant governor may make an order, as herein before provided, in respect of any person under sentence of imprisonment or under sentence of death. 3. If such an order is made in respect of a person under sentence of death, the sheriff to whose gaol the prisoner is removed shall obey any direction given by the said order or by any subsequent order in council, for the return of such prisoner to the custody of the sheriff by whom the sentence is to be executed. 55-56 V., c. 29, s. 649. 6. The lieutenant governor of any province of Canada ing gaol by may, by proclamation published in the official gazette of the province, and in the Canada Gazette, declare that the common gaol of any district, county or place in such province is insecure, and may name the gaol of any adjoining district, county or place as the gaol to which offenders within such first mentioned district, county or place, may, from and after a time stated, be committed or sentenced. R.S., c. 183, s. 2. Transfer of prisoners thereto. Authority therefor. 7. The lieutenant governor may, after the issue of such proclamation, from time to time direct the sheriff to transfer such of the prisoners then confined in such insecure gaol, as the lieutenant governor thinks proper, to the gaol so named, as aforesaid. 2. Such order shall be a sufficient authority to the respective sheriffs and officers to deliver and receive, and to the keeper of such last mentioned gaol to detain therein, any such prisoner, 2808 according according to the exigency of the warrant or sentence under which he was confined in such insecure gaol. R.S., c. 183, s. 3. clamation, 8. During the continuance in force of such proclamation any After properson who would otherwise be committed to or sentenced to prisoners to imprisonment in the common gaol so declared insecure, shall be be sentenced committed to or sentenced to imprisonment in the gaol named named in the proclamation for the purpose, and the respective sheriffs therein. and officers shall have authority to deliver and receive such person. to gaol 2. A warrant directed to the gaoler of the insecure gaol shall Warrant. be a sufficient authority for the gaoler of the gaol named in such proclamation to detain therein the person named in such warrant, according to the exigency of the warrant, or until he is removed, as hereinafter provided. R.S., c. 183, s. 4. of trial. 9. Every person so confined, in the gaol named in such As to place proclamation, may be tried in the district, county or place in the gaol whereof he is confined, unless the judge or other person presiding at the court at which it is proposed to try such person, or a judge of a court having jurisdiction to try the offence, otherwise directs. 2. The court of general gaol delivery or general sessions Powers of of the peace, or other court having like powers, held in such court. district, county or place, and every judge or other person presiding thereat, shall have jurisdiction to make, in reference to any person committed in default of sureties for good behaviour or to keep the peace, the like order as such court, judge or other person might make if the court was being held in the district, county or place in which such person was committed. R.S., c. 183, s. 5. tion may be 10. The lieutenant governor may, at any time, by his Proclamaproclamation published in the official gazette of the province, superseded. and in the Canada Gazette, declare that any proclamation issued as hereinbefore provided, shall, from and after a time stated, cease to have effect; and such proclamation shall cease to have effect accordingly. R.S., c. 183, s. 6. of prisoners. 11. The lieutenant governor may, after the issue of such Re-transfer last mentioned proclamation, direct the sheriff to transfer so many of the prisoners then confined in the gaol so named as aforesaid, as the lieutenant governor thinks proper, to the gaol of the district, county or place in which, but for the operation of the preceding sections, such prisoners would have been confined. 2. Such order shall be sufficient authority to the respective Authority sheriffs and officers to deliver and receive, and to the keeper of therefor. such last mentioned gaol to detain therein, any such prisoners, according to the exigency of the warrant or sentence under which they were originally confined. R.S., c. 183, s. 7. Employment of Prisoners. Subject to statutes, rules and Hard labour. 12. Every one who is sentenced to imprisonment in any gaol, or other public or reformatory prison, shall be subject to regulations. the provisions of the statutes relating to gaol or prison, and to all rules and regulations lawfully made with respect thereto. 2. Imprisonment in the Central Prison for the province of Ontario, in the Andrew Mercer Ontario Reformatory for females, and in any reformatory prison for females in the province of Quebec, shall be with hard labour, whether so directed in the sentence or not. 55-56 V., c. 29, s. 955. Regulations by Lieutenant Gov ernor. Employment of prisoners 13. The lieutenant governor of any province may, from time to time, make regulations for the purpose of preventing escapes and preserving discipline in the case of prisoners in any common gaol or prison employed beyond the limits of such common gaol or prison. R.S., c. 183, ss. 8 and 59. 14. After such regulations are made, the lieutenant goveroutside gaol. nor may, from time to time, direct or authorize the employment, upon any specific work or duty, beyond the limits of any common gaol or prison, of any prisoner who is sentenced to be imprisoned with hard labour in such gaol, for any offence against any law of Canada. R.S., c. 183, s. 9. Discipline of gaol. Supervision. on which the three sec tions follow ing may be declared in force. 15. Every such prisoner shall, during such employment, be subject to such regulations and to all the rules, regulations and discipline of the gaol or prison, so far as applicable. R.S., c. 183, s. 10. 16. No such prisoner shall be so employed, except under the strictest care and supervision of officers appointed to that duty. R.S., c. 183, ss. 11 and 23. 1 Improved Prisons. Conditions 17. If, in any province, there is at any time a prison of such a character as to render practicable the application of the three sections next following to such province, and if the lieutenant governor makes rules for keeping a correct record of the daily conduct of every prisoner in such prison, noting his behaviour, industry, diligence and faithfulness, and the strictness with which he observes the prison regulations, and if such prison, and the rules so made, are, by the Governor in Council, declared adequate, the Governor in Council may, by proclamation. published in the Canada Gazette, reciting the premises, and describing the prison, declare such sections in force within such province from and after a day named in such proclamation. R.S., c. 183, s. 13. Term of sentence. 18. Any judge sentencing any prisoner to imprisonment in any prison named in the proclamation in the last preceding 2810 section |