СНАР. 42. An Act to extend to the Province of British Columbia certain of the Criminal Laws now in force in other Provinces of the Dominion. [Assented to 26th May, 1874.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: schedule ex lumbia, so far 1. The Statutes of the Parliament of Canada, passed in the Acts mensessions held respectively in the thirty-first and in the thirty- tioned in second and thirty-third, and in the thirty-third years of the tended to reign of Her Most Gracious Majesty, and mentioned in the British CoSchedule to this Act, are and each of them is hereby ex- as of general tended to, and shall have the force and effect of law within application. the Province of British Columbia, save and except in so far only as any provision of any such Statute may therein be declared to be applicable to one or more only of the Provinces composing the Dominion at the time of the passing of such Statute and mentioned therein. have force and effect in lumbia as in 2. In case any of the said Acts, or any enactment or pro- Such Acts to vision therein has force or effect in relation to one of the Provinces composing the Dominion at the time of its pass- British Coing, in a sense peculiar to that Province, and different from all the Prothe sense in which it has force and effect in relation to all vinces of the said Provinces as a whole, such Act, enactment or pro- whole. vision shall have force and effect within and in relation to the Province of British Columbia, in the last mentioned sense only. Canada as a 3. Nothing in this Act shall be construed as a declaration Effect of that any of the said Acts, or any part thereof had not or his Act passing of has not or would not have without the passing of this Act, force or effect in and in relation to the Province of British Columbia. not to have 4. Nothing in this Act shall be construed to give a retro- Actsextended active effect to any of the Acts hereby extended, or to any retroactive enactment or provision therein, so as to make any act done effect. before it comes into force a crime or offence if it would not be so without this Act, or to alter the punishment for any crime or offence committed before it comes into force, but such crime or offence shall be tried, and all procedure respecting it, after the said time, shall be had under the provisions of the said Act. Supreme 5. The Supreme Court of British Columbia, and any court to be hereafter constituted by the Legislature of the said Jumbia to try Province, and having the powers now exercised by the said British Co felonies, &c. Common gaol in British Columbia to be a Penitentiary for sentences of not less than two years. Inconsistent Columbia repealed. court, shall have power to hear, try and determine in due course of law, all treasons, felonies and indictable offences whatsoever mentioned in any of the said Acts, which may be committed in any part of the said Province. 6. In the absence of any penitentiary building, any common gaol, or other place of confinement in the Province of British Columbia, shall be held to be a penitentiary for the confinement and reformation of persons, male and female, lawfully convicted of crime before the courts of British Columbia, and sentenced to confinement for a term of not less than two years; and whenever any offender is punishable by imprisonment, such imprisonment, whether it be for life or two years, or for any longer term, shall be in any such common gaol, or other place of confinement, according to the judgment of the court. 7. So much of every law in force in the Province of British lawsof British Columbia, at the time of the passing of this Act, as is inconsistent with or repugnant to any of the enactments or provisions of any Act of the Parliament of Canada mentioned in the schedule to this Act, or makes any provision for any matter provided for by any of the said enactments or provisions, is hereby repealed; but this repeal shall not affect the past operation of any such law, or the validity of anything already done, or any right, title, obligation or liability already accrued, or any penalty or forfeiture already incurred thereunder. Proviso. Commencement of Act. S. This Act shall commence and take effect on, from and after the first day of January next after the passing thereof. SCHEDULE A. ACTS OF THE PARLIAMENT OF CANADA REFERRED TO IN Acts passed in the First Session, 31st Victoria, 1867, 1868. Chap. 14. An Act to protect the inhabitants of Canada against lawless aggressions from subjects of foreign countries at peace with Her Majesty. Chap. Chap. 15. An Act to prevent the unlawful training of persons to the use of arms, and the practice of military evolutions, and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace. 69. An Act for the better security of the Crown and of 70. An Act respecting riots and riotous assemblies. 72. An Act respecting Accessories to and Abettors in 73. An Act respecting the Police of Canada. 74. An Act respecting persons in custody charged with high treason or felony. 94. An Act respecting the Treaty between Her Majesty and the United States of America, for the apprehension and surrender of certain offenders. (As amended by 33 Vict., chap. 25.) Acts passed in the Second Session, 32-33 Victoria, 1869. Chap. 17. An Act to remove doubts as to legislation in Canada regarding offences not wholly committed within its limits. 18. An Act respecting offences relating to the coin. 19. An Act respecting forgery. 20. An Act respecting offences against the Person. (As amended by 36 Vict., chap. 50.) 21. An Act respecting Larceny and other similar offences. (As amended by 35 Vict., chaps. 33 and 35.) 22. An Act respecting Malicious Injuries to Property. (As amended by 35 Vict., chap. 34.) 23. An Act respecting Perjury. (As amended by 33 Vict., chap. 26.) 24. An Act for the better preservation of the Peace in the vicinity of Public Works. (As amended by 33 Vict., chap. 28.) 25. An Act respecting certain offences relative to Her Majesty's Army and Navy. 26. An Act for the better protection of Her Majesty's Military and Naval Stores. 27. An Act respecting Cruelty to Animals. (As amended by 83 Vict., chap. 29.) 28. An Act respecting Vagrants. Chap. Chap. 29. An Act respecting Procedure in Criminal Cases, and other matters relating to Criminal Law. (As amended by 36 Vict., chaps. 3 and 51.) 30. An Act respecting the duties of Justices of the Peace out of Sessions in relation to persons charged with indictable offences. 31. An Act respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders. 32. An Act respecting the prompt and summary administration of criminal justice in certain cases. [In applying this Act to British Columbia, the expression" competent magistrate shall be construed as meaning any two Justices of the Peace sitting together, as well as any functionary or tribunal having the powers of two Justices of the Peace, and the jurisdiction shall be absolute without the consent of the parties charged.] 33. An Act respecting the trial and punishment of juvenile offenders. [In applying this Act to British Columbia, the expression" any two or more justices" shall be construed as including any magistrate having the powers of two Justices of the Peace. This Act shall not apply to any offence punishable by imprisonment for two years and upwards, and it shall not be necessary that the recognizance be transmitted to any Clerk of the Peace.] Acts passed in the Third Session, 33rd Victoria, 1870. Chap. 25. An Act to amend the Act respecing the extradition of certain offenders to the United States of America. 26. An Act to amend the Act respecting Perjury. Animals. 31. An Act for the better protection of the Clothing and Property of Seamen in Her Majesty's Navy. Arts passed in the present Session, 37 Victoria, 1874. Any Act amending any of the Acts in this СНАР. CHAP. 43: An Act to amend "An Act respecting Vagrants." [Assented to 26th May, 1874.] 28. N amendment of the Act passed in the Session held in the Preamble. thirty-second and thirty-third years of Her Majesty's 32-33 V., c. reign, intituled "An Act respecting Vagrants," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The term for which any offender may be sentenced to Term of imimprisonment, under the Act herein before mentioned, is prisonment of hereby extended to six months. offenders increased. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer (for Canada) |