DECLARATION OF SHERIFF AND OTHERS.

We, the undersigned, hereby declare that judgment of death was this day executed on C. D., in the (describe the prison) in our presence.

of

district (or county,

united counties, or

as the case may be),

of

day of

who says that A.B.,

in the district (county, or as the

I did, on the day of

(instant

The information (or complaint) of C. D., of the township in the said district (or county, united counties, or as the case may.be), of (labourer). (If preferred by an attorney or agent, say-by D. E., his duly authorized agent (or attorney), in this behalf), taken upon oath, before me, the undersigned, a justice of the peace, in and for the said district (or county, united counties, or as the case may be) of at N., in the said district (county, or as the case this may be) of in the year one thousand eight hundred and of the (township) of case may be), of or last past, as the case may be), threaten the said C.D. in the words or to the effect following, that is to say: (set them out, with the circumstances under which they were used): and that from the above and other threats used by the said A.B. towards the said C.D., he, the said C.D., is afraid that the said A.B. will do him some bodily injury, and therefore prays that the said A.B. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him, the said C.D.; and the said C.D. also says that he does not make this complaint against nor require such sureties from the said A.B. from any malice or ill-will, but merely for the preservation of his person from injury.

FORM OF RECOGNIZANCE FOR THE SESSIONS.

Be it remembered that on

day of

, A.B., of (labourer), L.M., of

, in the year

(grocer), and

N.O., of (butcher), personally came before (us) the undersigned, (two) justices of the peace for the district (or county, united counties, or as the case may be), of and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say the said A.B. the sum of and the said L. M. and N.O. the sum of

,

each, of good and lawful money of Canada, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he, the said A. B., fails in the condition indorsed (or hereunder written).

Taken and acknowledged the day and year first above mentioned, at

before us.

J. S.
J. T.

The condition of the within (or above) written recognizance is such that if the within bound A. B., of, &c.), appears at the next court of General Sessions of the Peace, (or other court discharging the functions of the court of General Sessions, or as the case may be), to be holden in and for the said district (or county, united counties, or as the case may be), of to do and

receive what is then and there enjoined him by the court, and in the meantime keeps the peace and is of good behaviour towards Her Majesty and her liege people, and specially towards C.D. (of, &c.), for the term of now next ensuing, then the said recognizance to be void, otherwise to stand in full force and virtue.

FORM OF COMMITMENT IN DEFAULT OF SURETIES.

Canada.

Province of

district (or county, united counties, or as the case may be),

of

To all or any of the constables or other peace officers in the district (or county, united counties, or as the case may be), of and to the keeper of the common gaol of the said district (or county, united counties, or as the case may be), at in the said district (or county, &c.).

Whereas on the

day of

instant, complaint on oath was made before the undersigned (or J.L., Esquire) a jus

tice of the peace in and for the said district (or county, united counties, or as the case may be), of

by C.D., of the township of in the said district (or county, or as the case may be) (labourer), that A.B., of (&c.), on the of , at the township of

day

did

aforesaid, threaten (&c., follow to end of complaint, as in the form above, in the past tense, then): And whereas the said A.B. was this day brought and appeared before the said justice (or J.L., Esquire), a justice of the peace in and for the said district (or county, united counties, or as the case may be), of

to answer

unto the said complaint: and having been required by me to enter into his own recognizance in the sum of with two sufficient sureties in the sum of each, as well for his appearance at the next General Sessions of the Peace (or other court discharging the functions of the court of General Sessions, or as the case may be), to be held in and for the said district (or county, united counties, or as the case may be), of

, to do what shall be then and there enjoined him by the court, as also in the meantime to keep the peace and be of good behaviour towards Her Majesty and her liege people, and especially towards the said C.D., has refused and neglected, and still refuses and neglects, to find such sureties: These are therefore to command you, and each of you, to take the said A.B., and him safely to convey to the (common gaol) at , aforesaid. and there to deliver him to the keeper thereof, together with this precept; And I do hereby command you, the said keeper of the (common gaol), to receive the said A.B. into your custody in the said (common gaol), there to imprison him until the said next General Sessions of the Peace (or the next term of sitting of the said court discharging the functions of the court of General Sessions, or as the case may be), unless he, in the meantime, finds sufficient sureties as well for his appearance at the said sessions (or court) as in the meantime to keep the peace as aforesaid. Given under my hand and seal, this in the year

at

(or county, or as the case may be) aforesaid.

day of

in the district

32-33 V., c. 31, sch., part.

J. S. [L.S.]

OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAPTER 182.

An Act respecting Penitentiaries.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

follows:

A. D. 1886.

1. This Act may be cited as "The Penitentiary Act." 46 V., Short title. c. 37, s. 81.

&c., to be

Justice.

2. All the penitentiaries in Canada and such other prisons, Penitenti hospitals, asylums and other public institutions as are, from aries, prisons, time to time, designated for that purpose by the Governor in under control Council, by proclamation in the Canada Gazette, and all pri- of Minister of soners and other persons confined therein and inmates thereof, shall be under the control of the Minister of Justice, who shall exercise over them complete administrative power. 46 V., c. 37, s. 1, part.

3. The Minister of Justice shall submit to the Governor Annual report General an annual report upon all the penitentiaries, prisons Minister. thereon by the and other institutions under his control, to be laid before both Houses of Parliament within the first twenty-one days of each session thereof, showing the state of each penitentiary, prison or other institution, and the amounts received and expended in respect thereof, with such further information as is requisite. 46 V., c. 37, s. 1, part.

enumerated

4. The penitentiary situate near the city of Kingston, in the Penitentiaries Province of Ontario, known as the Kingston Penitentiary, and described. the penitentiary situate at St. Vincent de Paul, in the Province of Quebec, known as the St. Vincent de Paul Penitentiary,the penitentiary situate at Dorchester, in the Province of New Brunswick, known as the Dorchester Penitentiary,—the penitentiary situate in the county of Lisgar, in the Province of Manitoba, known as the Manitoba Penitentiary, and the penitentiary situate in the district of New Westminster, in the Province of British Columbia, known as the British Columbia Penitentiary, together with all the land appertaining to the same respectively, according to the respective metes and bounds thereof as now known and defined, and all the buildings and property thereon belonging to the same, are, all and each of them, hereby declared to be penitentiaries of Canada.

c. 37, s. 2.

46 V..

5. The Kingston Penitentiary, for the Province of Ontario, for the several the St. Vincent de Paul Penitentiary, for the Province of

Penitentiaries

Provinces.

Governor in

Council may establish penitentiaries, and declare any lands

such not to

be so.

Quebec, the Dorchester Penitentiary, for the Provinces of Nova Scotia, New Brunswick and Prince Edward Island,the Manitoba Penitentiary, for the Province of Manitoba, the North-West Territories and the District of Keewatin, and the British Columbia Penitentiary, for the Province of British Columbia, shall each be maintained as a prison for the confinement and reformation of persons lawfully convicted of crime before the courts of criminal jurisdiction of the Province, Territory or District for which it is the penitentiary, and sentenced to confinement for life, or for any term not less than two years. 32-33 V., c. 29, s. 96, part ;-46 V., c. 37, s. 3.

6. The Governor in Council may declare, from time to time, by proclamation, to be published in the Canada Gazette, that any tract of land within Canada, of which the boundaries shall be particularly defined in the proclamation, is a penitentiary, established as and is to be so held within the meaning of this Act,-and by such proclamation may declare for what part of Canada the same shall be a penitentiary; and the Governor in Council, by any proclamation published as aforesaid, may declare that any tract of land established as a penitentiary by the fourth section of this Act, or by any other law, or by proclamation under this section, from and after a certain day to be named in such proclamation, shall cease to be a penitentiary, or a penitentiary for a part of Canada named in such proclamation, and such tract of land shall cease to be a penitentiary, or a penitentiary for such part of Canada, accordingly. 46 V., c. 37, s. 5.

What shall be included as

part of a penitentiary.

Streets, roads,

be part of a

Escapes.

7. Every penitentiary now established, or hereafter established by virtue of this Act, shall be held to include all carriages, wagons, sleighs and other vehicles for land carriage, and all boats, scows and other vessels for water carriage, being property belonging to such penitentiary, or employed by hire or otherwise in its service, and also every wharf at or near the said penitentiary, which, although not within the limits mentioned in the proclamation establishing the same, is used for the accommodation of such boats, scows or other vessels, when so employed in or about any work or labour connected with such penitentiary. 46 V., c. 37, s. 6.

8. Every street, highway or public thoroughfare of any &c., when to kind, along or across which it is necessary that convicts should, penitentiary. pass in going to and returning from their work, shall be considered, while so used, as a portion of the tract of land forming the penitentiary; and every escape, or attempt at escape, and every rescue, or aid in rescue, which takes place on such street, highway or public thoroughfare, while so used, shall have the same effect as if such escape, or attempt at escape, or such rescue, or aid in rescue, had taken place within the prison walls or penitentiary limits. 46 V., c. 37, s. 7.