СНАР. 74. An Act respecting persons in custody charged with High Treason or Felony. [Assented to 22nd May, 1868.] W HEREAS it is expedient to make provision for the safe Preamble. custody of persons charged with High Treason or Felony Therefore, Her Majesty, by aud with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Governor in moval of such persons from her, in case one gaol to an of insecurity of gaol, &c. 1. If from the insecurity or unfitness of any gaol of any Connell may county or district, for the safe custody of persons charged order the rewith the crimes of High Treason or Felony, or if from any other cause it shall seem expedient to the Governor in Council so to do, it shall be lawful for the Governor in Council to order that any person or persons charged with the said crimes. or either of them, confined in such gaol, shall be removed to any other gaol or any other county or district in the same Province, to be named in such order, there to be detined until discharged in due course of law, or removed for the purpose of trial to the gaol of the county or district in which the trial is to take place; and a copy of such order, certified by the Clerk of the Queen's Privy Council for Canada, or by any person acting as such clerk, shall be a sufficient authority to the sheriffs and gaolers of the counties or districts respectively named in such order to deliver over and to receive the bodies of any person or persons named in such order. Sheriff to re 2. It shall be lawful for the Governor in Council to direct And direct in any such order that the sheriff in whose custody the per- move them. son or persons to be removed may then be, shall convey the said person or persons to the gaol of the county or district in which they are to be confined, and to direct the sheriff or gaoler of such county or district to receive the said person or persons, and to detain him or them until he or they shall be discharged in due course of law, or be removed for the purpose of trial to any other county or district. 3. If a true Bill for High Treason or Felony, except for Felony under the provisions of the Act of the present Session, chapter fourteen, shall afterwards be returned by any Grand Jury of the county or district from which any such person may have been removed, against any such person, it shall be lawful for the court into which such True Bill shall have been returned to make an order for the removal of any person against whom such bill shall have been found, from Removal for County where und. trial into indictment is Preamble. C. 110, C. S. C. 111, C. S. C. repealed. N.S., 27 V. c. 22, and 91 repealed in part. from the gaol in which he shall then be confined, to the gaol of the county or district in which such Court may be sitting, for the purpose of his being tried in such county or district. An Act respecting Penitentiaries, and the Directors thereof, and for other purposes. WI [Assented to 22nd May, 1868] HEREAS "The British North America Act, 1867," places the Penitentiaries of the Provinces forming the Dominion of Canada, under the control of the Government of Canada, and it is expedient to make provision for the proper management and maintenance of the same: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Act passed by the legislature of the late Province of Canada, in the twenty-second year of Her Majesty's reign, being Chapter one hundred and ten of the Consolidated Statutes of the said Province, intituled: "An Act respecting Inspectors of Public Asylums, Hospitals, the Provincial "Penitentiary of Canada, and of all Common Gaols and "other Prisons;" Also the Act passed by the said legislature in the sam year of Her Majesty's reign, being Chapter one hundred and eleven of the Consolidated Statutes of the said Province, intituled: "An Act respecting the Provincial Penitentiary of Canada," are hereby repealed ; Also such parts of the Act passed by the legislature of the Province of Nova Scotia, in the twenty-seventh year of Her Majesty's reign, intituled: "An Act for revising and consolidating the Statutes and Laws of the Province," Part N. B., 17 V. c. one, Title five, Chapter twenty-two,-and also such parts of the Act passed by the legislature of the Province of New Brunswick, in the seventeenth year of Her Majesty's reign, intituled: "An Act to revise and consolidate the Public "Statutes of New Brunswick," Part one, Title sixteen, Chapter ninety-one,--as relate to the Penitentiary in each of the said last mentioned Provinces and are inconsistent with the provisions of this Act, are hereby repealed. Effect of repeal limited. 2. The repeal of the said Acts and of parts of Acts above set forth shall not operate so as to revive any former Act, or any any part or portion of any former Act, of which the said Acts or parts of Acts may have been an amendment or amendments, nor shall such repeal affect anything heretofore done under the said Acts or parts of Acts, nor any claim, suit or action arising therefrom and now pending in any Court of Law or Equity in virtue of such repealed Act or parts of Acts, but such thing, claim, suit or action shall remain the same as if this Act had not been passed. DIRECTORS. appoint direc and secretary duties. 3. It shall be lawful for the Governor to appoint not Governor to more than three persons to be Directors, who, subject to the tors, chairman instructions they may from time to time receive from the their general Governor, shall have the control and management of all the powers and Penitentiaries in Canada, and of such other Prisons, Hospitals, Asylums, and other public institutions, as may from time to time be ordered by the Governor in Council and announced by Proclamation in the Canada Gazette, and of all prisoners and other persons confined therein or inmates thereof; and it shall be lawful for the Governor to appoint one of such persons to be their Chairman, and one of them, or one other person to act as Secretary, and from time to time to remove any of such persons to be so appointed, and to appoint another or others in his or their stead. quorum, &C. 4. The Chairman shall preside at all meetings of the Meetings, Directors at which he is present, and in case of his absence the senior Director shall act as Chairman; Any two of the Directors shall constitute a quorum, for all purposes whatsoever; and in case of a difference of opinion arising between such two at a meeting, held at any Penitentiary, upon a special matter affecting such Penitentiary only, the Warden thereof may be called in, at the joint request of the Directors then sitting, to decide between them; But in case of a Difference of difference of opinion arising at a meeting held by any two Directors at any place other than a Penitentiary, the question shall lie over until the third Director shall be present. opinion. proceedings. 5. The Chairman shall keep a regular minute of the Minutes of proceedings of every meeting, which shall be read at the next ensuing meeting, before any other business is taken up, and, when approved, shall be signed by the Chairman of the meeting at which the said minute is so approved. 6. Every one of the Directors shall, by virtue of his office, without any property qualification, be a Justice of the Peace for any and every District, County, City, or Town, of Canada, but shall have power to act in matters connected with the Criminal Law of Canada only. 7. The Directors shall be responsible for the system of discipline and management pursued in the several Penitentiaries, but they shall have no direct executive power in the administration or conduct of the affairs of those Institutions, except as is provided by this Act. 8. The Directors shall have power, and it shall be their duty, to make rules and regulations for the management, discipline and police of the Penitentiaries, and for the duties and conduct of the Wardens thereof, and of every other officer or class of officers or servants, employed therein, and for the diet, clothing, maintenance, employment, instruction, discipline, correction, punishment and reward of convicts imprisoned therein, and to annul, alter or amend the same from time to time, subject to the approval of the Governor in Council, which rules and regulations so approved, the Wardens of the Penitentiaries, and every other officer and servant employed in or about the same, shall be bound to obey: Provided always, that until such rules and regulations are made as aforesaid, the rules and regulations existing in each Penitentiary at the passing of this Act shall remain in force; It shall also be the duty of the Directors to audit the accounts of the Wardens of the Penitentiaries, to inquire into all money transactions when requisite, exact a statement of all cash transactions every month, and to administer to the Wardens and Accountants, the following Oath : I, tant, of the Warden, and I, AccounPenitentiary, make oath and say that the foregoing Statement of Revenue and Expenditure on account of the Penitentiary, for the month of 18 are true and correct. Penitentiary, the Sworn before me, at the day of Director. Special powers of directors. Entry and examination of papers, &c. POWERS OF THE DIRECTORS. 9. For the better enabling the Directors efficiently to discharge the duties herein set forth, or at any time ordered by the Governor, they and each of them shall have power, 1. At all times to enter into, and remain within any Penitentiary or other public institution placed under their control as aforesaid, and have access to every part and portion of the same, and examine all papers, documents, vouchers, records and books of every kind belonging thereto, 1 conduct of witnesses. 2. To investigate the conduct of any officer or servant Inquiries into employed in or about any Penitentiary, or other public officers, &c. institution as aforesaid, or of any person found within the precincts thereof; and for that purpose the Directors shall Summoning of have power to summon before them, or any one or more of them, any person by subpæna issued by any one of them, and to examine such person upon oath, which oath the said Directors or any one of them shall have power to administer, whether the fact relate to a breach of the law of the land or of the rules of the prison, or to any matter affecting the interests of the institution, and to compel the production of papers and writings before them or any one or more of them; and if any person duly summoned shall neglect or Penalty for not refuse to appear, at the time and place specified in the subpana mons, upon him legally served, or shall refuse to give evidence or to produce the papers demanded of him, the Directors or any one or more of them, may cause the said person, by warrant under their or his hand, to be taken into custody and to be imprisoned in the common gaol of the locality, as for contempt of court, for a period not exceeding fourteen days. SALARIES OF DIRECTORS. obeying sum 10. The salaries of the Directors shall be as set forth in Falaries as in Schedule A., to this Act annexed. Schedule. ESTABLISHMENT OF PENITENTIARIES. described. 11. The Penitentiary situated near the City of Kingston, Penitentiaries in the Province of Ontario, to be known as the Kingston Penitentiary, and the Penitentiary_si'uated near the City of St. John, in the Province of New Brunswick, to be known as the St. John Penitentiary, and the Penitentiary situated near the City of Halifax, in the Province of Nova Scotia, to be known as the Halifax 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 property thereon belonging to the same, are all and every one of them hereby declared to be Penitentiaries of Canada. annex tracts Penitentiaries 12. It shall be lawful for the Governor in Council, at any Governor may time hereafter, if he shall see fit, to declare by proclamation, of land to to be published in the Canada Gazette, that any tract of land as part thereof. within the Dominion, of which the boundaries shall be particularly defined in the proclamation, is a penitentiary, and is to be so held within the meaning of this Act; and it shall be lawful for the Governor in Council to annul the same by any subsequent proclamation, published as aforesaid, declaring that the tract of land so established as a Penitentiary |