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R.S.C., c. 173,

new section.

CHAPTER 49.

An Act to amend the Revised Statutes, Chapter one hundred and seventy-three, respecting Threats, Intimidation and other offences.

[Assented to 23rd June, 1887.]

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

Senate and House of Commons of Canada, enacts as

follows:

1. Section eleven of the Revised Statutes, chapter one hun8. 11 repealed; dred and seventy-three intituled, "An Act respecting Threats, Intimidation and other offences," is hereby repealed and the following section substituted therefor :

Attempts to prevent persons from working on board ship.

"11. Every person who unlawfully and by force or threats of violence, hinders or prevents or attempts to hinder or prevent any seaman, stevedore, ship carpenter, ship labourer or other person employed to work at or on board any ship or vessel, or to do any work connected with the loading or unloading thereof, from working at or exercising any lawful trade, business, calling or occupation in or for which he is so employed; or beats or uses any violence to, or makes any threat of violence against any such person, with intent to hinder or prevent him from working at or exercising the same, or on account of his having worked at or exercised the same, shall, on summary conviction before two justices of the peace, be liable to imprisonment, with hard labour, for any term not exceeding three months.

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

CHAPTER 50.

An Act to amend the law respecting Procedure in
Criminal Cases.

[Assented to 23rd June, 1887.]

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

lows:

Senate and House of Commons of Canada, enacts as fol

:

1. Section, two hundred and sixty-eight of "The Criminal R.S.C., c. 174, Procedure Act" is hereby repealed, and the following substitu- 8,268, repeal

ted therefor :

66 APPEALS AND NEW TRIALS.

ed; new section.

tion of an in

"268. Any person convicted of any indictable offence or Appeal in whose conviction has been affirmed before any court of Oyer and case of convicTerminer or Gaol Delivery or before the Court of Queen's Bench dictable in the Province of Quebec, on its Crown side, or before any other offence. superior court having criminal jurisdiction, whose conviction has been affirmed by any court of last resort, or, in the Province of Quebec, by the Court of Queen's Bench on its appeal side, may appeal to the Supreme Court against the affirmance

of such conviction; and the Supreme Court shall make such Proceedings rule or order therein, either in affirmance of the conviction or thereupon. for granting a new trial, or otherwise, or for granting or refusing such application, as the justice of the case requires, and shall make all other necessary rules and orders for carrying such rule

allowed.

or order into effect: Provided that no such appeal shall be When appeal allowed if the court affirming the conviction is unanimous, nor shall not be unless notice of appeal in writing has been served on the Attorney General for the proper Province, within fifteen days after such affirmance:

"2. Unless such appeal is brought on for hearing by the When appeal appellant at the session of the Supreme Court during which must be such affirmance takes place, or the session next thereafter, if hearing. brought to the said court is not then in session, the appeal shall be held to have been abandoned, unless otherwise ordered by the Supreme Court:

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3. The judgment of the Supreme Court shall, in all cases, Judgment to

be final and conclusive:

be final.

When a new

may not be

granted.

"4. Except as hereinbefore provided, a new trial shall not trial may and be granted in any criminal case unless the conviction is declared bad for a cause which makes the former trial a nullity, so that there was no lawful trial in the case; but a new trial may be granted in cases of misdemeanour in which, by law, new trials may now be granted." *

Repeal; R.S.
C., c. 135, ss.

68 and 69.

When foregoing provisions shall take effect.

R.S.C., c. 174,

❝ 5.

*

*

Repealed and new sub-section substituted by 51 V., c. 43, s. 1.

2. Sections sixty eight and sixty-nine of " The Supreme and Exchequer Courts Act" are hereby repealed.

3. The foregoing provisions of this Act shall not come into force until a day to be named by the Governor General by his proclamation to that effect.

4. Section two hundred and sixty-five of "The Criminal 8. 265, amend Procedure Act" is hereby amended by striking out the words "in the Province of Quebec."

ed.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAPTER 51.

An Act to amend "The Speedy Trials Act," chapter one hundred and seventy-five of the Revised Statutes.

Repealed by 52 V., c. 47, s. 20.

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.

Interpreta-
tion.
"Officer."

"Trade instructors.

R.S.C., c. 182,

CHAPTER 52.

An Act to amend the Penitentiary Act.

[Assented to 23rd June, 1887.]

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

Senate and House of Commons of Canada, enacts as

follows:

1. In this Act, unless the context otherwise requires

(a.) The expression "officer" means and includes any officer or employee of any of the classes mentioned in the schedule to this Act;

(b.) The expression "trade instructors" includes bakers, blacksmiths, carpenters, masons, millers, shoemakers, stonecutters, tailors and persons employed to direct and instruct convicts in any branch of labour.

2. The twenty-seventh section of "The Penitentiary Act” s. 27 amended. is hereby amended

(a.) By substituting for the words "shall reside in the penitentiary," the words "and he shall reside at the penitentiary;" and

(b.) By striking out the words "and shall receive such allowance of fuel and light as the Governor in Council sees fit to make."

Section 33 amended.

Salaries.

Increases.

When paya

ble.

SALARIES.

3. The thirty-third section of "The Penitentiary Act" is hereby repealed, and the following section substituted therefor:

"33. The Governor in Council may, within the limits prescribed by the schedule to this Act, fix the salaries to be paid to the officers of any penitentiary:

"2. No officer shall be entitled as of right to any yearly increase of salary, but the same may be given to him if the Minister of Justice is satisfied that he is competent and faithful in the performance of his duties:

"3. No such yearly increase of salary shall be paid until the expiry of a year at least from the date of the officer's appointment, or of the last increase given to him:

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