Regulations as to whom § 8.-Payment of Penalties, &c. 2716. Every warrant of distress directs the constable or other penalties, &c. to whom the same is addressed, to pay the person are to be amount of the sum to be levied thereunder unto the clerk of paid. the peace, clerk of the special sessions, clerk of the sessions of the peace, or clerk of the justices of the peace (as the case may be), for the place wherein the justice or justices issued such warrant. Payment over. Prisoner to to gaoler. If a person convicted of any penalty, or ordered by a justice or justices of the peace to pay any sum of money, pay the same to any constable or other person, such constable or other person shall forthwith pay the same to such clerk of the peace, clerk of the special sessions, clerk of the sessions of the peace, or clerk of the justices of the peace, (as the case may be). C. S. C., c. 103, s. 77. 2717. If any person committed to gaol, upon any conpay penalty viction or order for non-payment of any penalty or of any sum thereby ordered to be paid, desire to pay the same and costs before the expiration of the time for which he has been so ordered to be imprisoned by the warrant for his commitment, he shall pay the same to the gaoler or keeper of the gaol in which he is so imprisoned, and such gaoler or keeper shall forthwith pay the same to the said clerk of the clerk of the special sessions, clerk of the sessions of peace, or clerk of the justices of the peace, (as the case may be). C. S. C., c. 103, s. 78. Gaoler to pay the same to clerk of the peace, &c. As to whom clerk is to pay the same. In certain cases clerk to pay the same peace, 2718. All sums so received by the said clerk shall forthwith be paid by him to the parties to whom the same respectively are to be paid according to the directions of the statute on which the information or complaint in that behalf has been framed. C. S. C., c. 103, s. 79. 2719. If such statute contain no such directions for the payment thereof to any person, then such clerk shall to treasurer. pay the same to the treasurer or secretary-treasurer of the municipality in which such person has been so condemned to pay the said sum, and the latter shall give him a receipt. C. S. C., c. 103, s. 80. Such clerks received by 2720. Every clerk of the special sessions, clerk of the and gaoler to sessions of the peace or clerk of the justices of the peace keep an exact account of all and every gaoler or keeper of a prison shall keep a true such moneys and exact account of all such moneys by him received, of whom and when received, and to whom and when paid, and shall, once in every three months, render a fair copy of every such account to the clerk of the peace for the district in which such payment has been made, who shall likewise, every three months, render a similar account to the them. justices of the peace assembled at general sessions of the peace for the district. C. S. C., c. 103, s. 81. as clerks to 2721. In all the cities, towns, and other places in the Clerks of the Province where general sessions of the peace are held, the peace to act clerks of the peace shall act as clerks of the justices of the justices. peace and of the judges of the sessions of the peace. C. S. C., c. 103, s. 85. CHAPTER EIGHTH. COURT HOUSES AND GAOLS. SECTION I. GAOLS AND HOUSES OF CORRECTION. houses of 2722. Every gaol in any district shall be the house of Gaols to be correction for the district or districts of which it is the com- correction. mon gaol, and shall be so unless and until another building is by law made the house of correction for such district hereafter, and this provision shall apply to any gaol to be built. of houses of 2. The house of correction is under the sole care, superin- Sheriff to tendence and management of the sheriff of the district in have charge which it is situate, so long as it is within the same building in correction. which the gaol is. C. S. L. C., c. 109, ss. 1 and 2. Lieutenant 2723. The Lieutenant-Governor in Council may, by pro- By proclamaclamation, when he shall deem the same expedient for the tion of purposes of the administration of justice, order that the Governor in common gaol of a district shall be also the common gaol and Council, gaol house of correction of any other district. of one district may gaol of ferred. Any prisoner confined in any of the gaols of such district become also may, when the Lieutenant-Governor deems the same necessary, be transferred to any other gaol, with the same effect as if the Prisoners offence or crime for which such prisoner is so confined had been may be transcommitted in the district, in which is situated such other gaol. Any person arrested for any offence or crime, where Imprisonment imprisonment has been ordered by competent authority, may in either. be imprisoned in one or the other of such gaols, with a like effect. 34 V., c. 9, s. 1. ment after 2724. Every such prisoner shall be confined in such other Duration of imprisongaol, until he shall have been duly enlarged, according to law, or until he shall have been again brought back to the gaol, transfer. whence he shall have been so transferred, to stand his trial before the proper court. 2. A letter from the Provincial Secretary authorizing the Letter of transfer or return of the said prisoner shall suffice, and, in Provincial virtue thereof and of this chapter, the sheriff may transfer or suffice for Secretary to transfer. Subsequent powers of sheriffs and gaolers. Lieutenant- may cause bring back the said prisoner, as the case may be, and he and his deputies, shall have, in relation to the said prisoner within the district to which he shall have been transferred, and within every district through which he shall pass with them, the powers which he or they possess in their own district. The sheriff and the gaoler of the district, to the gaol of which the prisoner is transferred, and their deputies shall have in relation to such prisoner, from the time of his being committed to the said sheriff or gaoler, the same powers which they would have possessed if the said prisoner had been, in the first instance, imprisoned within the gaol of the last mentioned district. 34 V., c. 9, s. 2. 2725. The Lieutenant-Governor in Council may, when he shall deem the same expedient, order the construction, in any other gaols to district, of one or more prisons other than that already existbe also com- ing, or the acquisition or employment of one or more buildings, suitable for the purpose, to serve as gaols, and may declare such gaol or gaols, or buildings, to be common gaols and houses of correction for the said district. mon gaols for a district. Transfer of prisoners. Offenders where to be imprisoned. Committees ed for the of houses of correction. Any prisoner confined in any of the common gaols of such district may be transferred therefrom to any other common gaol of the said district, when the Lieutenant-Governor deems it necessary, with the same effect, as if there had been but one common gaol in the district. Any person arrested for any offence or crime, whose imprisonment shall have been ordered by competent authority, may be imprisoned in any of the common gaols of the said district. 34 V., c. 9, s. 3. 2726. The Lieutenant-Governor may appoint in each of to be appoint- the districts of Quebec, Montreal and Three Rivers, respectively, management three persons, being justices of the peace for the said districts, as a committee to superintend the house of correction in such district; the said committees shall provide stock and materials for the use and employment of the persons confined in the houses of correction in the said districts, and shall also make orders for the regulation of the said houses of correction and of the masters of such houses of correction, and of the persons therein confined, in all cases as are not by law provided for. Their regula tions to be approved. Other regulations. Whipping prohibited. Such regulations, being approved by the Court of Queen's Bench, in each of the said districts at any criminal term, shall be carried into execution. The committees shall, from time to time, in like manner, and as often as they think necessary, make any other regulations, as well for the repeal of such orders before made as by way of addition thereto, which must also be approved by the said court. No such regulation shall authorize any person to whip or cause to be whipped any prisoner confined in such house of correction. C. S. L. C. c. 109, s. 5. any to make pro rection. 2727. Until separate houses of correction are erected in Certain anthe said districts, the Lieutenant-Governor may, out of nual amounts unappropriated moneys in the hands of the Provincial appropriated Treasurer, advance annually to the committees aforesaid in the vision for said districts a sum, not exceeding eight hundred dollars, for houses of corthe district of Quebec, a sum not exceeding eight hundred dollars for the district of Montreal, and a sum not exceeding four hundred dollars for the district of Three Rivers, for the purpose of enabling the said committees to hire or provide a building fit to serve for a temporary house of correction, and also such accommodation for the performance of labor as may be requisite, and also to provide a stock of materials for the employment of the persons confined in the houses of correction, as well as for the purpose of allowing reasonable salaries to the superintendent and keepers thereof, in each of the said districts. C. S. L. C., c. 109, s. 6. lowed for the 2728. In consequence of the increase of the population of A further sum the district of Montreal, and the great number of prisoners in may be althe house of correction for the said district, the Lieutenant- city of MonGovernor may advance, out of any of the before mentioned treal. funds, such further sum for the purposes aforesaid, as on a representation from the committee for superintending the said house of correction may be found necessary, and approved of by the Lieutenant-Governor, but the additional sum so advanced over and above the said annual sum of eight hundred dollars, shall not, in any one year, exceed four hundred dollars. C. S. L. C., c. 109, s. 7. of common 2729. The Lieutenant-Governor may appropriate, for the Certain parts purpose of a house of correction, such part or parts of the com- gaols may be mon gaols in the cities of Quebec, Montreal and Three Rivers, set apart as as may be vacant, and can be conveniently appropriated to houses of corthat purpose, upon the report of the members of the committees appointed to superintend houses of correction. C. S. L. C., c. 109, s. 8. rection. SECTION II. MAINTENANCE OF COURT HOUSES AND GAOLS. court house vested in the 2730. The title to the district court house and gaol at or The title to near the chef-lieu in and for each and every district of the the district Province; and to the court house and gaol at each of the and gaol in chefs-lieux in the district of Gaspé, to wit: in the counties of any district Gaspé and Bonaventure, so long as separate judicial officers sheriff thereshall exist in each of those counties,-shall be vested in of. the sheriff of such district or county, as the case may be, for the time being, and his successors in office forever, and he and each of his successors in office shall be a corporation sole for the purpose of holding the same, but without power to alienate, charge or encumber the same. C. S. L. C., c. 109, s. 11. His powers and duties. As to insur ance against 2731. It shall be the duty of every sheriff to keep the court house and gaol therein insured against loss by fire, for an amount and by an insurance company to be approved by the Commissioner of Public Works, and, in case of loss by fire the sheriff may recover under the policy, and the amount recovered shall be applied to repair or reconstruct the building destroyed or damaged. 2. So long as the Commissioner of Public Works insures loss by fire. any court and gaol erected or repaired under the act twelfth Victoria, chapter one hundred and twelve, the sheriff, in whom the title to any such court house or gaol is vested, shall not be bound to insure the same. Idem. Insurance already affected. Title to house. 3. The Commissioner of Public Works may insure against loss by fire each and every court house and gaol, for the construction or repair of which debentures have been issued under the authority of the said act, until the principal and interest on such debentures are fully paid; and any insurance alrea ly effected on any such court house or gaol in the Province shall in no way be affected by this article. C. S. L. C., c. 109, ss. 12 and 13; 50 V., c. 7, s. 1. 2732. The title to any county court house, and to the site county court thereof, shall be vested in the municipality of the county for such estate or right as it has acquired therein. c. 109, s. 14. Fund established for re pairing court nouses and gaols, and paying petit Jurors in criminal cases. Police fines. Sinmey conviction tines. Fines under R. S. Q., t. 9, c. 5. Surplus of ce tain fee funds. C. S. L. C., 2733. For keeping in good repair the district court houses and gaols, (including those aforesaid in the district of Gaspé, each county in which shall be considered a district,) and for paying the petit jurors in criminal cases in the same, there shall be, in and for each such district a fund to be called "The Building and Jury Fund for the district of (as the case may be) "or of the county of Bonaventure or Gaspé, (as the case may be,) which shall consist of: 1. All fines, forfeitures and pecuniary penalties collected in the district under sections first and fourth of chapter first of title seventh of these Revised Statutes respecting police in the cities of Quebec and Montreal; C. S. L. C., c. 109, s. 15 § 1 and s. 26. 2. The Crown's share of all fines, forfeitures or pecuniary penalties collected in the district on summary convictions for offences against the person or offences against property when they return to the Province; C. S. L. C., c. 109, s. 15 § 2. Ste R. S. C., c. 180, s. 3. 3. The Crown's share of all fines, forfeitures and pecuniary penalties collected within the district under chapter five of title ninth of these Revised Statutes, respecting good order in or near places of public worship; C. S. L. C., c. 109, s. 15 § 3. 4. Any surplus of the officers of justice fee fund at Quebec and Montreal, after paying the charges on the said fund; C. S. L. C., c. 109, s. 15 § 4. |