Commissioner, according to the Rules, Regulations and directions contained in the Act of Parliament of this Province, called the "Election Petitions Act of 1851," and such lawful directions as I shall or may receive from you, or such other Commissioner, under the authority thereof. So help me God. B (5.)-OATH OF THE BAILIFF OR OTHER OFFICER OF COMMISSION. (Referred to in the One Hundred and Seventh Section of this Act.) I, A. B., do swear that I will, without favor, affection or malice, and according to the best of my skill and power in all things, well and truly perform the duty of Bailiff, (or as the case may be) to you, and to any person who may be appointed Commissioner in your place, as Commissioner for taking evidence on the trial of the pending Election Petition relating to the County (Riding, &c., or as the case may be) of &c., according to the Rules, Regulations and directions contained in the Act of the Parliament of this Province, called the "Election Petitions Act of 1851," and such lawful directions as I shall or may receive from you or such other Commissioner under the authority thereof. So help me God. SCHEDULE C. Containing a description of the Acts and parts of Acts repealed by this Act. FIRST DIVISION. ACTS OF THE PARLIAMENT OF THE LATE PROVINCE OF LOWER CANADA. 258 Geo. 3, Cap. 5,....... An Act to facilitate the trial of controverted Elections or SECOND DIVISION. ACTS OF THE PARLIAMENT OF THE LATE PROVINCE OF UPPER CANADA. 33 Will. 4, Cap. 10,....... An Act to revive and continue a certain Act passed in the 4 2nd Victoria, Cap. (Perpetuation.) fourth year of His late Majesty's Reign, intituled, An Act 8, An Act to continue and make permanent a certain Act The Whole. The Whole. The Whole. The Whole. CAP. II. An Act for the better Management of the Provincial Penitentiary. [2d August, 1851.] Preamble. HEREAS it is expedient to repeal the Act now in force relative to the maintenance and government of the Provincial Penitentiary of Canada, and to make better provision for the government thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That upon, from and after the day Act 9 V. c. 4, when this Act shall come into force, the Act of the Parliament of this Province, passed repealed. in the ninth year of Her Majesty's Reign, and intituled, An Act to consolidate and amend the laws relative to the Provincial Penitentiary, and all Acts or parts of Acts inconsistent with this Act, shall be and the same are hereby repealed: Provided always, that the repeal of the said Act shall not revive any Act or part of an Act certain contracts, apthereby repealed; and that all contracts entered into, rules and regulations made, or other things lawfully done under the said Act, shall remain in force notwithstanding such repeal, as if entered into, made or done under this Act, and nothing herein contained shall invalidate the appointment of any Officer whose office is not hereby abolished, Proviso: Saving of pointments, &c. Purposes of the Penitentiary. Who shall be sent there. 6 V. c. 5. Property vested in the Warden to have the Convicts to be received by the Warden. sentence of death. abolished, but he shall continue to hold such office subject to the provisions of this Act, as if he were appointed under it, until he shall be removed; and any person may be prosecuted and punished for any offence against the said Act committed before this Act shall be in force, as if the said Act were not repealed; and this Act shall apply as fully and effectually to persons sentenced to confinement in the Provincial Penitentiary before this Act shall be in force as to persons so sentenced after that time. II. And be it enacted, That the said Provincial Penitentiary shall be maintained as a Prison for the confinement and reformation of persons, male and female, lawfully convicted of crime before the duly authorized legal Tribunals of this Province, and sentenced to confinement therein, for a term not less than two years; and whenever any offender convicted after this Act shall come into effect, shall be punishable by imprisonment, such imprisonment shall, if it be for two years or any longer term, be in the Provincial Penitentiary; any thing in the Act passed in the sixth year of Her Majesty's Reign, and intituled, An Act for better proportioning the punishment to the offence in certain cases, and for other purposes therein mentioned, or in any other Act or Law to the contrary notwithstanding: Provided always that nothing herein contained shall prevent the reception and imprisonment in the said Penitentiary of any prisoner or prisoners sentenced for any period of time by any Military or Militia Court Martial or Military authority under any Mutiny Act. III. And be it enacted, That the property of the said Penitentiary, and all the property therein or thereto belonging, shall remain vested in Her Majesty, but the Warden of the Fenitentiary and his Successors in Office shall have the custody thereof under the terms and conditions of this Act, and for the uses herein mentioned; and the said Penitentiary, and all the property therein or thereto belonging, shall be exempt from all taxes. IV. And be it enacted, That the said Warden shall receive into the Penitentiary all convicts legally certified to him as sentenced to imprisonment in the said Penitentiary, and shall there detain them and those now lawfully imprisoned therein until the term for which they are sentenced be completed, or until they shall be otherwise As to commutation of discharged in due course of law. And it is declared and enacted that in any case wherein sentence of death has been or shall hereafter be passed upon any person by any Court of this Province, and Her Majesty's Royal pardon shall have been or shall hereafter be extended to such person, on condition that he or she be imprisoned in the Penitentiary for life, or for any term of years in such pardon mentioned, such pardon hath and shall have the same effect as the judgment of a Competent Court legally sentencing such person to such imprisonment for life or other term would have, or would have had; and on the production to him of such pardon, or a copy thereof certified by the Provincial Secretary, the said Warden shall receive and deal with the said person as if he had been legally sentenced to such imprisonment for life or other term, and such sentence had been duly certified to the said Warden. How convicts shall be clothed, fed and employed." V. And be it enacted, That any and every convict in the said Penitentiary shall, during the term of his or her confinement, be clothed at the expense of the Penitentiary in garments of coarse but comfortable materials; and shall be fed on a sufficient quantity of wholesome food; and shall be kept constantly employed at hard labour, for the benefit of the Penitentiary, during the day time of every day in the year, except Sundays, Good Friday and Christmas-day, in such manner as the Warden shall deem most advantageous for the public, consistently with the welfare of each convict, and with the other provisions of this Act; always excepting such convicts as shall be confined in solitude for misconduct while in the Penitentiary, or shall be incapable Proviso: as to Roman of labouring by reason of sickness or bodily infirmity: Provided always, that nothing herein contained shall be construed to oblige any convict of the Roman Catholic persuasion to labour on any of the following obligatory Holidays of the Church, that is to say Circumcision, Epiphany, Annunciation, Ascension, Corpus Christi, Saint Peter and Saint Paul, All Saints and Conception. And it shall be the duty of the said Warden to keep each prisoner singly in a cell at night and during the day when unemployed, Catholics. Confinement at night, &c. unemployed, except in cases of sickness; and when the convicts are congregated in the workshops and other places of labour, it shall be the duty of the Warden to keep them as far separate as possible, and to allow as little intercourse among them as the nature of their several employments will permit, and to forbid all conversation not absolutely required in carrying on the work being done at the moment. VI. And be it enacted, That the said Penitentiary shall be held to include all the What the Penitenground and premises within the walls surrounding the establishment, and also the wharf tiary shall include. and vacant ground outside the south and west walls within the pickets now erected to inclose the same; and the Warden shall not permit any convict to go beyond the said boundaries of the Penitentiary at any time or for any purpose; and when it shall be necessary to employ convicts on the said wharf or vacant space outside the walls, it shall be done only under the strictest supervision and care of officers appointed to that duty: Provided always, that should the Inspectors at any time be of opinion that it Proviso. would be safe and advisable and for the public interest to employ a portion of the convicts on any specific work or occupation outside the limits, but upon the ground or lot attached to the Penitentiary, they may instruct the Warden so to employ a specified number of convicts at such specified labour, and no other; but they shall first make written rules for their regulation and supervision while so employed. Additions and improvements to be made to the Penitentiary. VII. And be it enacted, That it shall be the duty of the Inspectors of the said Penitentiary, to cause to be erected within the said Penitentiary, (at as early a period as practicable, consistently with keeping the annual grant from the funds of the Province towards the support of the Penitentiary within the sum of Six Thousand Pounds in any one year) not exceeding fifty cells with a workshop attached to each cell, adapted to carry out the " separate or "solitary" system of discipline: Provided always, Proviso. that the said solitary cells shall not be used until a set of rules, regulating the manner of their employment and stated inspection, shall have been prepared by the Inspectors, and shall have been submitted to the Governor General in Council, and received his sanction. -VIII. And be it enacted, That all dealings and transactions on account of the Contracts, &c. to be said Penitentiary, and all purchases and contracts necessary for maintaining and made by the Wardon. carrying on the establishment, shall be entered into, conducted and executed by and in Their powers and the name of the Warden, subject nevertheless to all the provisions of this Act, affecting the same; and the said Warden shall be capable in law of contracting, suing and being He may sue and be sued in all Courts and places, and in all matters concerning the said Penitentiary ed or the property real or personal thereto belonging by his name of office of "The Warden of the Provincial Penitentiary," and by that name the said Warden shall be and is hereby authorized to sue for and recover all sums of money that may be or may become due from any person to the Crown, on account of the said Penitentiary, and by that name he and his Successors in office shall have perpetual succession. IX. And be it enacted, That the said Penitentiary shall be governed by two Two Inspectors to be Inspectors, to be appointed by the Governor General of this Province, and to hold appointed. office during pleasure; the said Inspectors to be subject to the control of the Governor General in Council, and to obey such orders in Council as shall be from time to time duties. made for their government in the execution of their duty. And the said Inspectors shall be responsible for the system of discipline and management pursued in the Penitentiary, and for its success and practical efficiency; but they shall have no executive power, except that of giving instructions for the conduct and management of the Institution and its affairs to the Warden, and through him to the other executive officers and that the said responsibility of the said Inspectors may not be lessened by the incapacity, or inefficiency, or negligence of those who are to carry out their views; in the event of the existence of such detrimental incapacity, inefficiency or negligence, on the part of any officer not by this Act made removable by the said Inspectors, they are hereby empowered, and it shall be their duty to represent to the Governor in Council without delay, that such is the case, and what is the nature of their complaint against such officer, and what is the injurious effect produced upon the Institution, and Further duties of Inspectors. Further powers to to recommend, if they see fit, the removal of such officer: Provided always, that the said Inspectors shall be incapable of and disqualified from being elected or returned to be Members of the Legislative Assembly of this Province, and also shall be subject to the penalties contained in the second Section of the Provincial Statute passed in the seventh year of Her Majesty's Reign, Chapter Sixty-five, in the event of their presuming to sit or vote as such Members. X. And be it enacted, That it shall be the duty of the said Inspectors Firstly. To make and amend, from time to time, all necessary rules and regulations respecting the conduct, management, discipline and police of the said Penitentiary, consistent with this Act and the Laws of this Province; which said rules and regulations the officers of the said Penitentiary and all others employed therein shall be bound to obey. Secondly. To consider and determine the branches of employment to be prosecuted in the Penitentiary, and the manner in which the same shall be prosecuted: whether by hiring out the labour of the convicts to contractors, or by executing orders for articles under contract, as shall be found most conducive to promote the objects of the Institution and the public interest. Thirdly. To consider and determine the terms on which agreements shall be entered into by the Warden of the said Penitentiary, with parties contracting for the labour of the convicts or the proceeds of their labour, and also with parties contracting to supply articles for the use of the Penitentiary. Fourthly. To consider and determine the system of secular education, and the place and time of the moral and religious training and instruction to be afforded to the convicts in the said Penitentiary, and the time for religious training and instruction shall not be determined upon without the consent of the Chaplains of the Penitentiary. Fifthly. To consider and determine what acts on the part of the convicts shall be held as punishable offences, and the several punishments to be awarded by the Warden for such offences. Sixthly. To consider and determine the number of Overseers, Keepers and Guards to be employed in the Penitentiary, and the routine of their several duties, the hours of their attendance, and the rules by which their conduct in the Prison shall be guided. Seventhly. To prescribe the articles of food and clothing, and the quantities and quality thereof, to be supplied to the convicts in the said Penitentiary. Eighthly. To consider and determine from time to time the necessary repairs, alterations or additions to the buildings and other works of the said Penitentiary, and when and how such repairs, alterations or additions shall be executed. Ninthly. To examine and enquire, at the times hereinafter named, into all matters connected with the government, discipline and police of the said Penitentiary, and into its state and condition; also as to the conduct of its officers, and whether their duty is efficiently performed, and the objects and ends of the Institution are being attained. It shall be their duty, at the times hereinafter stated, to examine and inquire into the financial and commercial affairs of the Institution, to see that the contractors have fulfilled their agreements,-that economy and diligence are practised in every branch of the establishment,-that the finances are administered faithfully, and proper vouchers and records kept of all transactions, that the food is wholesome and sufficient,-that offences are wisely and humanely punished,—and that order and cleanliness prevail in the Prison. XI. And be it enacted, That for the efficient discharge of their several duties by the said Inspectors, they shall be and are hereby empowered Firstly. To have, severally, admission at all times to the Penitentiary and to every part of it, and to the several vouchers, books and records thereof. Secondly. To investigate the conduct of any officer or other person employed in the Penitentiary, and into all matters by the said Inspectors deemed to affect the welfare of the Institution; and for these ends, they or either of them shall have full power to issue Subpoenas to compel the attendance of any officer of the Penitentiary, or any other person |