Con. Stat. cap. under the authority of this Act are required to be paid over in the district, city, county or union of counties in which the offence was committed, or was supposed to have been committed, who upon sight of every such order, shall forthwith pay to the person named therein, or to any other person duly authorized to receive the same on his behalf, out of any monies received by him under this Act, the money in such order mentioned, and shall be allowed the same in his accounts of such moneys. 29. The Act chapter one hundred and six of the Consolidated 106, repealed. Statutes of Canada is hereby repealed, except as to cases pending under it at the time of the coming into force of this Act, and as to all sentences pronounced and punishments awarded under it, as regards all which this Act shall be construed as a re-enactment of the said Act with the amendments hereby made and not as a new law. Commencement of this Act. 30. This Act shall commence and take effect on the first day cf January, in the year of Our Lord one thousand eight hundred and seventy. Preamble. Part Cap. 107, Can. repealed. CAP. XXXIV. An Act respecting Juvenile Offenders within the Province of Quebec. [Assented to 22nd June, 1869.] WHEREAS the Legislature of the Province of Quebec, during its now last Session, passed an Act making certain provisions for the establishment of Certified Reformatory Schools, and the law respecting prisons for young offenders requires to be amended so as to meet the provisions of the said Act: Therefore, Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In so far as respects the Province of Quebec, the sections of Con. Stat. five, six, seven, eight, nine, ten, eleven and twelve, of the chapter one hundred and seven of the Consolidated Statutes of Canada, intituled An Act respecting Prisons for young Offenders, are hereby repealed, except as respects persons under sentence when this Act comes into force. Offenders under 16 years to Reformatory Schools. may be sent 2. Whenever after the passing of this Act, any person apparently under the age of sixteen years is convicted before any Court of Criminal Jurisdiction or before any Judge of the Sessions of the Peace, Recorder, District or Police Magistrate, of any offence for which he would be liable to imprisonment, he may be sentenced on such conviction, to be detained in a Certified Reformatory School for any term not less than two years, nor more than five years, years, or he may be sentenced to be first imprisoned in the Common Gaol for a period not in any case exceeding three months, and at the expiration of his sentence to be sent to a Certified Reformatory School, and to be there detained for a period of not less than two years, and not more than five years. 3. The Lieutenant-Governor may at any time, in his discre- Power to diacharge. tion, order that any offender detained in such reformatory school under a summary conviction be discharged. incorrigibles. 4. The Lieutenant-Governor may at any time, on the report of Removal of one of the Inspectors of Prisons for the Province of Quebec, order any offender undergoing sentence in any Certified Reformatory School, on a conviction for felony, to be removed as incorrigible; and in any such case the offender shall be imprisoned in the Penitentiary for the remainder of the term of his sentence. offenders under 5. Any person apparently under the age of sixteen years, ar- Detention of rested on a charge of having committed any offence not capital, 16 years preshall not while awaiting trial for such offence, be detained in any vious to trial. common Gaol, if there be a Certified Reformatory School within three miles of such Gaol, but shall be detained in such Reformatory School while awaiting trial; and if there be more than one such School within such distance, the person so charged shall be detained in that one of them which is conducted the most nearly in accordance with the religious belief to which his parents belong, or in which he has been educated. 6. If any Offender detained in a Certified Reformatory School, Punishment of willfully neglects or willfully refuses to conform to the rules persons breaking the Rules thereof, he shall, upon summary conviction before a Justice or of ReformaMagistrate having jurisdiction in the place or district where the tory Schools. school is situate, be imprisoned with hard labor, for any term not exceeding three months; and at the expiration of the term of his imprisonment, he shall, by and at the expense of the managers of the school, be brought back to the school from which he was taken, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his being sent to the prison. escaping from 7. If any offender sentenced to be detained in a Certified Apprehension Reformatory School, escapes therefrom, he may at any time be- of offenders fore the expiration of his period of detention, be apprehended zuch Schools. without warrant, and if the managers of the school think fit, but not otherwise, may, (any other Act to the contrary notwithstanding) be then brought before a Justice or Magistrate having jurisdiction in the place or district where he is found, or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a Justice or Magistrate, to be imprisoned with hard labor, for any term not exceeding three months; and at the expiration of such term he shall, by and at the expense of the managers of the school, be be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping. Punishment of 8. Every person who commits any of the following offences, persons aiding that is to say: in escape,&c. Preamble. Certain offen their own con First-Knowingly assists, directly or indirectly, any offender detained in a Certified Reformatory School, to escape from the school; Second-Directly or indirectly induces such an offender to escape from the school; Third--Knowingly harbours, conceals or prevents from returning to the school, or assists in harbouring, concealing or preventing from returning to the school any offender who has escaped from a Certified Reformatory School, shall, on summary conviction before two Justices, or any Judge of the Sessions of the Peace, Recorder, Police or District Magistrate, be liable to a penalty not exceeding eighty dollars, or at the discretion of the Justices or other functionary before whom he is convicted, to be imprisoned for any term not exceeding two months, with or without hard labor. 9. The Reformatory Prison at present in use in the Province of Quebec, shall, so long as it is used for that purpose, be held to be a Certified Reformatory School for the purposes of this Act. 10. This Act shall apply only to the Province of Quebec, and any Act relating to criminal law or procedure passed during the present or the now last Session of Parliament, shall be construed subject to this Act, and so much thereof as may be inconsistent with this Act, shall have no effect as respects the Province of Quebec. CAP. XXXV. An Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors, in the Provinces of Ontario and Quebec. H' [Assented to 22nd June, 1869.] ER MAJESTY, by and with the advice and consent of the 1. Any person committed to a jail for trial on a charge of being ders may, by guilty of any offence for which he may be tried at a Court of sent, be tried General Sessions of the Peace, may, with his own consent, of which consent an entry shall then be made of record, and subject to the by a Judge only. provisions provisions hereinafter made, be tried out of Sessions, and if convicted, may be sentenced by the Judge. prisoner so 2. It shall be the duty of every Sheriff within twenty-four Duty of Shehours after any prisoner charged as aforesaid is committed to jail riff having a for trial, to notify the Judge in writing that such prisoner is so triable. confined, stating his name and the nature of the charge preferred against him, whereupon with as little delay as possible, such Judge shall cause the prisoner to be brought up before him. 3. Having obtained the depositions on which the prisoner was Statement to so committed, the Judge shall state to him, 1. That he is charged with the offence, describing it; 2. That the prisoner has his option to be forthwith tried before such Judge without the intervention of a Jury, or to remain untried until the next sittings of such sessions or of a Court of Oyer and Terminer, or, in Quebec, of any Court having criminal jurisdiction; be made to prisoner by Judge. consents. 3. If the prisoner demands a trial by Jury, the Judge_shall If prisoner remand him to jail; but if he consents to be tried by the Judge objects-or without a Jury, the County Attorney or Clerk of the Peace shall draw up a Record of the proceedings as nearly as may be in one of the forms in the Schedules A and B to this Act; if upon being If he pleads arraigned upon the charge, the prisoner pleads guilty, such plea shall be entered in the Record, and the Judge shall pass the sentence of the law on such prisoner, which shall have the same force and effect as if passed at any Court of General Sessions of the Peace. guilty. 4. If the prisoner upon being so arraigned and consenting as If he pleads aforesaid pleads not guilty, the Judge shall appoint an early day, not guilty. or the same day, for his trial, and it shall be the duty of the County Attorney or Clerk of the Peace to subpoena the witnesses named in the depositions, or such of them, and such other witnesses as he may think requisite to prove the charge, to attend at the time appointed for such trial, and the prisoner being ready, the Trial, and conJudge shall proceed to try him, and if he is found guilty, sentence shall be passed as in the last preceding section mentioned, but if he is found not guilty, the Judge shall immediately discharge him from custody, so far as respects the charge in question. viction or discharge. of Record. 5. The Judge sitting on any such trial for all the purposes To be a Court thereof and proceedings connected therewith or relating thereto, is hereby constituted a Court of Record, and the record in any such case shall be filed among the records of the Court of General Sessions of the Peace, as indictments are, and as part of such records. Witnesses summoned must attend. Proceedings against witnesses failing summoned. 6. Any witness, whether on behalf of the prisoner or against him, duly summoned or subpoenaed to attend and give evidence before such Judge sitting on any such trial on the day appointed for the same shall be bound to attend, and remain in attendance throughout the whole trial, and in case he fails so to attend, he shall be held guilty of contempt of Court, and he may be proceeded against therefor accordingly. 7. Upon proof to the satisfaction of the Judge of the service of subpoena upon any witness who fails to attend before him as to attend when required by such subpoena and such Judge being satisfied that the presence of such witness before him is indispensable to the ends of Justice, he may by his Warrant cause the said witness to be apprehended and forth with brought before him to give evidence as required by such subpoena, and to answer for his disregard of the same, and such witness may be detained on such warrant before the said Judge or in the Common Gaol with a view to secure his presence as a witness or in the discretion of the Judge, such witness may be released on recognizance with or without sureties conditioned for his appearance to give evidence as therein mentioned, and to answer for his default in not attending upon the said subpoena as for a contempt; the Judge may in a summary manner examine into and dispose of the charge of contempt against the said witness, who if found guilty thereof may be fined or imprisoned or both, such fine not to exceed one hundred dollars, and such imprisonment to be in the Common Jail, with or without hard labour, and not to exceed the term of ninety days; the said Warrant may be in the Form "C," and the conviction for contempt in the Form "D," to this Act, and shall be authority to the persons and officers therein required to act, to do as therein they are respectively directed. by this Act may be exercised. By whom the 8. All the powers and duties hereby conferred and imposed upon powers given the Judge, shall be exercised and performed in the Province of Ontario by any County Judge, junior or Deputy Judge, authorized to act as Chairman of the General Sessions of the Peace, and in the Province of Quebec, in any District wherein there is a Judge of the Sessions, by such Judge of Sessions, and in any District wherein there is no Judge of Sessions but wherein there is a District Magistrate, by such District Magistrate, and in any District wherein there is neither a Judge of Sessions nor a District Magistrate, by the Sheriff of such District. Extent of Aot. 9. This Act shall apply only to the Provinces of Ontario and Quebec. SCHEDULE |