and any money received therefor shall be placed to his credit. 46 V., c. 37, s. 66.

CORONERS' INQUESTS.

Coroner to

in certain

cases.

[28-29 V., c. 126, s. 48.]

65. If a convict dies in a penitentiary, and the inspector, hold inquest warden, surgeon or chaplain has reason to believe that the death of such convict arose from any other than ordinary causes, he shall call upon a coroner having jurisdiction to hold an inquest upon the body of such deceased convict; and upon such requisition by one or more of the officers above named, Admittance the said coroner shall hold such inquest, and, for that purpose, he and the jury, and all other persons necessarily attending such inquest, shall have admittance to the prison. 46 V., c.. 37, s. 67.

of coroner and jury.

How the body of convicts shall be disposed of.

Kingston penitentiary

DECEASED CONVICTS.

66. The body of every convict who dies in a penitentiary shall, if claimed by his relatives, be given up to and shall be taken away by them; but if not so claimed, the body may be delivered to an inspector of anatomy, duly appointed under any Act authorizing such appointment, or to the professor of anatomy in any college wherein medical science is taught; or if not so delivered shall be decently interred at the expense of the penitentiary. 46 V., c. 37, s. 68.

INSANE CONVICTS.

67. The Governor in Council may direct the Warden of the insane ward. Kingston Penitentiary to set apart a portion thereof for the reception, confinement and treatment of insane convicts; and the portion so set apart shall be used for such purposes accor dingly, and shall be known as the ward for the insane. 46 V., c. 37, s. 69.

If insane convict becomes

sane.

[5-6 V., c. 29, 8.23; 6-7 V

c. 26, s. 21.]

If insane when his

68. If, at any time, it appears to a surgeon of a penitentiary that any convict confined therein is insane and ought to be removed to the ward for the insane, he shall report the same in writing to the warden, and on such report the warden shall forthwith remove such convict to the ward for the insane. 46 V., c. 37, s. 70.

69. If, at any time before the termination of the sentence of such convict, it is certified to the warden by the surgeon that such convict has recovered his reason, and is in a fit state to be removed from the ward for the insane, the warden shall remove such convict therefrom. 46 V., c. 37, s. 71.

70. If the term of imprisonment of any convict expires term expires. While detained as insane in the ward for the insane, he may continue to be detained therein pending the proceedings author

ized by this Act; and in such case the surgeon shall forthwith certify to the warden whether the person is sane or insane. 46 V., c. 37, ss. 72 and 73.

71. If the surgeon certifies that such person is sane, he shall Discharge, if be forthwith discharged. 46 V., c. 37, s. 74.

sane.

order to re

72. If the surgeon certifies that the person is insane, the Report in warden shall report the fact to the inspector; and the Secretary moval of inof State shall thereupon communicate the fact to the Lieutenant sane convict. Governor of the Province within which the person was sentenced, so that he may be removed to a place of safe keeping :

removal.

2. The Lieutenant Governor may, thereupon, order the Lt. Governor removal of the person to a place of safe keeping within the may order Province, and he shall, upon such order, be delivered to the person therein designated, for transport to such place, and he shall remain and be detained there or in such other place of safe keeping as the Lieutenant Governor, from time to time, orders, until it appears to the Lieutenant Governor that he is of sound mind, when the Lieutenant Governor may order him to be discharged; but if, at any time after his removal to such Further place of safe keeping, and before his complete recovery, the Lieutenant Lieutenant Governor thinks fit to order that he shall be given Governor. up to any person by him named, he shall be given up accordingly. 46 V., c. 37, ss. 75 and 76.

arrangements

73. If the Lieutenant Governor of the Province within which Provision if any such person was sentenced has made arrangements with have been the Lieutenant Governor of the Province of Ontario for the made for safe safe keeping of any such person in Ontario, and such arrange- convict in keeping of ments have been communicated to the Secretary of State by Ontario. the Lieutenant Governors of the Provinces concerned, the Secretary of State shall, in the case of any such person, communicate, under the next preceding section, with the Lieutenant Governor of Ontario, who shall, in such cases have all the powers thereby given :

does not pro

2. If the Lieutenant Governor does not, within two months Provision if after the Secretary of State has communicated, as provided Lt. Governor by the next preceding section, cause the person to be removed vide for reunder the provisions thereof, the Secretary of State may, on moval. the recommendation of the Minister of Justice, direct the convict to be removed for safe keeping to the gaol in which he was last confined previous to his transfer to the penitentiary, or to any other gaol in the Province within which he was sentenced; and, after such removal, all the provisions of the next preceding section shall apply to his case. 46 V., c. 37, ss. 77 and 78.

74. If any question arises as to the sanity of any convict, Question of the Minister of Justice may order an inquiry and report to be sanity, how made by one or more medical men, in conjunction with the

decided.

surgeon, and may, upon such report, direct such action as is necessary to carry out the provisions of this Act. 46 V., c. 37, s. 79.

Repealed and new schedule substituted by 50-51 V., c. 52, s. 10.

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

CHAPTER 183.

An Act respecting Public and Reformatory Prisons. A. D. 1886.

HE

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

tion.

1. In this Act, unless the context otherwise requires, the Interpretaexpression "Lieutenant Governor" means the Lieutenant Lieutenant Governor in Council.

66

Governor."

PART I.

INSECURE PRISONS.

tute a neigh

secure one.

2. The Lieutenant Governor of any Province of Canada Lt.-Governor may, by proclamation published in the official Gazette of the may substi Province, and in the Canada Gazette, declares that the common bouring gaol gaol of any district, county or place in such Province is insecure, for an inand may name the gaol of any adjoining district, county or place as the gaol to which offenders within such first mentioned. district, county or place, may, from and after a time stated, be committed or sentenced. 40 V., c. 37, s. 1.

substituted

3. The Lieutenant Governor may, after the issue of such Transfer of proclamation, from time to time, direct the sheriff to transfer prisoners to such of the prisoners then confined in such insecure gaol, as gaol. the Lieutenant Governor thinks proper, to the gaol so named as aforesaid; and such order shall be a sufficient authority to the respective sheriffs and officers to deliver and receive, and, to the keeper of such last mentioned gaol to detain therein, any such prisoner, according to the exigency of the warrant or sentence under which he was confined in such insecure gaol. 40 V., c. 37, s. 4.

as to persons

otherwise be

4. During the continuance of such proclamation, any per- Effect of such son who would otherwise be committed to or sentenced to proclamation imprisonment in the common gaol so declared insecure, shall who would be committed to or sentenced to imprisonment in the gaol imprisoned in named in the proclamation for the purpose, and the respective the insecure sheriffs and officers shall have authority to deliver and receive gaol. such person; and a warrant directed to the gaoler of the insecure gaol shall be a sufficient authority for the gaoler of

As to place

soners in substituted gaol, &c.

Powers of court and

judges.

the gaol so named as aforesaid to detain in such gaol the person named in such warrant, according to the exigency of the warrant, or until he is removed, as is hereinafter provided. 40 V. c. 37. s. 2.

5. Every person so confined in the gaol named in such proof trial of pri- clamation, may be tried in the district, county or place in the gaol whereof he is confined, unless the judge, or other person presiding at the court at which it is proposed to try such person, or a judge of a court having jurisdiction to try the offence, otherwise directs; and the court of general gaol delivery or General Sessions of the Peace, or other court having like powers, held in such district, county or place, and every judge presiding thereat, shall have jurisdiction to make, in reference to any person committed in default of sureties for good behaviour, or to keep the peace, the like order as such court or judge might make if the court was being held in the district, county or place in which such person was committed. 40 V., c. 37, s. 3.

Proclamation superseding that first issued.

conséquence.

6. The Lieutenant Governor may, at any time, by his proclamation published in the official Gazette of the Province, and in the Canada Gazette, declare that any proclamation issued under the second section of this Act, shall, from and after a time stated, cease to have effect; and such proclamation shall cease to have effect accordingly. 40 V., c. 37, s. 5.

Re-transfer of 7. The Lieutenant Governor may, after the issue of such prisoners in last mentioned proclamation, direct the sheriff to transfer so many of the prisoners then confined in the gaol so named as aforesaid, as the Lieutenant Governor thinks proper, to the gaol of the district, county or place in which, but for the operation of the preceding sections, such prisoners would have been confined; and such order shall be sufficient authority to the respective sheriffs and officers to deliver and receive, and to the keeper of such last mentioned gaol to detain therein, any such prisoners, according to the exigency of the warrant or sentence under which they were originally confined. 40 V., c. 37, s. 6.

Lt. Governor in Council may make regulations.

And may then authorize employ

ment of

EMPLOYMENT OF PRISONERS.

S. The Lieutenant Governor of any Province may, from time to time, make regulations for the purpose of preventing escapes and preserving discipline in the case of prisoners in any common gaol, employed beyond the limits thereof. 40 V., c. 36, s. 1.

9. After such regulations are made, the Lieutenant Governor may, from time to time, direct or authorize the employment, upon any specific work or duty, beyond the limits of