Not to affect of the Domi vision on same subject as Acts in Schedule A., &c. pal By-law relating to any offence within the scope of the powers of the municipality : Such repeal shall not extend to any provision of any Act certain Acts of the Parliament of Canada, creating, or providing for the nion, or Acts punishment of any offence against such Act, or for the promaking proceedings for enforcing such provision,--or to any other Act or enactment not mentioned as repealed in Schedule B, and not contrary to the Acts mentioned in Schedule A, or any of them, but making special provision for the punishment of any offence, or as to the proceedings for the prosecution and conviction of the offender, other than that made in the Acts in Schedule A or any of them for a like purpose; but in any such case the offender may be indicted or otherwise proceeded against, and convicted (summarily or otherwise as the case may be,) and punished, either under any of the Acts mentioned in Schedule A, or any other Act of the Parliament of Canada, or under any such Act or enactment as aforesaid not mentioned as repealed in Schedule B : As to offences committed and things such repeal. Every offence wholly or partly committed against any Act or enactment hereby repealed, prior to such repeal, shall be done prior to dealt with, inquired of, tried, determined and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if the said Acts and enactments had not been repealed; and every Act duly done, and every Warrant and other instrument duly made or granted before such repeal, shall continue and be of the same force and effect as if the said Acts and enactments had not been repealed; and every right, liability, privilege and protection in respect of any matter or thing committed or done before such repeal, shall continue and be of the same force and effect as if the said Acts and enactments had not been repealed, and every action, prosecution or other proceeding commenced before such repeal, or thereafter commenced in respect of any such matter or thing, may be prosecuted, continued and defended as if such Acts and enactments had not been repealed. As to crime of son. Special pro- peremptory 2. Nothing in any of the Acts mentioned in Schedule A shall affect the crime of High Treason, except only as respects cases punishable under the provisions of the " Act for the better security of the Crown and of the Government," mentioned in the said Schedule. 3. The provisions in the Act respecting procedure in criminal cases and other matters relating to criminal law, as challenges to the number of peremptory challenges allowed to prisoners and warrants in criminal cases, shall not apply to any trial to be had in wick. the Province of New Brunswick, before the first day of Jan in New Bruns uary, uary, in the year of our Lord one thousand eight hundred and seventy-one; and until after the said day, a Warrant issued by a Justice of the Peace in the said Province, may as heretofore be executed in any part thereof, without being backed. seals to war 4. No provision in any of the Acts mentioned in the said And as to Schedule A requiring any warrant or document issued or rants, there granted by any Justice of the Peace, to be under seal, shall and in other apply to any such instrument or document issued or granted parts of Cain the Province of New Brunswick before the day last aforesaid; and if, in any such instrument or document issued in any Province in Canada at any time, it is stated, that the same is given under the hand and seal of any justice signing it, such seal shall be presumed to have been affixed by him, and its absence shall not invalidate the instrument, or such justice may at any time thereafter affix such seal with the same effect as if it had been affixed when such instrument was signed. vision as to 5. Notwithstanding any provision in any of the Acts men Special protioned in Schedule A, that any term of imprisonment less than imprisonment two years shall be in some gaol or place of confinement in New Bruns other than the penitentiary, any offender sentenced under wick or Nova any such Act before the day last aforesaid in New Brunswick or Nova Scotia, to imprisonment for a term less than two years, may, in the discretion of the Court passing such sentence, be sentenced to undergo such imprisonment in the penitentiary of the Province where the sentence is passed, instead of being sentenced to undergo the same in any other gaol or place of confinement, and any such provision as first aforesaid, shall be construed subject to this section. cers to whom transmitted where. 6. In all cases when a party who has entered into a recogni- As to the offizance under the Act "respecting the duties of Justices of the Peace recognizan out of Sessions, in relation to summary convictions and orders," has ces are to be failed to appear according to the condition of such recogni- in Ontario zance, and his default has been certified by the justice or and elsejustices as therein provided, the proper officer to whom the recognizance and certificate of default are to be transmitted in the Province of Ontario, shall be the Clerk of the Peace of the county for which such justice or justices are appointed or are acting, and the Court of General Sessions of the Peace for such county shall, at its then next sitting, order all such recognizances to be forfeited and estreated, and the same shall be enforced and collected in the same manner and subject to the same conditions as any fines, forfeitures or amercements imposed by or forfeited before such court; and in the other Provinces of Canada, the "proper officer" to whom As to returns the Peace. whom any such recognizance and certificate shall be transmitted, shall be the officer to whom like recognizances have been heretofore accustomed to be transmitted under the law in force before the coming into force of the said Act, and such recognizances shall be enforced and collected in the same manner as like recognizances have heretofore been. 7. No return purporting to be made by any Justice of the by Justices of Peace under the Act last above cited, shall be vitiated by the fact of its including, by mistake, any convictions or orders had or made before him in any matter over which any Provincial Legislature has exclusive jurisdiction, or with respect to which he may have acted under the authority of any provincial law.. Certain magistrates to have the 8. Any Judge of the Sessions of the Peace or any District Magistrate, in the Province of Quebec, shall in all cases have powers of two all the powers vested in two Justices of the Peace by any Act mentioned in Schedule A, or any other Act relating to criminal law, in force in thar Province. Justices. When the repeal shall take effect. How this Act 9. The foregoing provisions of this Act, and the repeal of the Acts and enactments therein referred to, shall take effect on and after the first day of January, in the year of our Lord, one thousand eight hundred and seventy, and not before, except as to such of the said Acts and enactments as are contrary to or inconsistent with the Acts mentioned in Schedule A, as being passed in the now last Session of the Parliament. of Canada, which shall be held to have been repealed from the time when the Act or Acts to or with which they are contrary or inconsistent, came into force. 10. This Act shall be construed as having been passed after shall be con- the Acts of the present Session mentioned in Schedule A, and as amending and explaining them. strued. SCHEDULE A. ACTS OF THE PARLIAMENT OF CANADA. Acts passed in the Session of 1867–8, 31st Victoria. An Act to protect the inhabitants of Canada against lawless aggressions from subjects of foreign countries at peace with Her Majesty. 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. An Act respecting the manufacture or importa- An Act respecting Harbor Police. An Act respecting Riots and Riotous Assemblies. An Act respecting accessories to and abettors of indictable offences. An Act respecting Police of Canada. An Act respecting persons in custody charged with high treason or felony. An Act respecting penitentiaries and the directors thereof and for other purposes. Acts passed in the present Session of the Parliament of Canada. An Act to remove doubts as to Legislation in Canada, regarding offences not wholly committed within its limits. An Act respecting offences relating to the Coin. An Act respecting Forgery. An Act respecting offences against the Person. An Act respecting Larceny and other similar offences. An An Act for the better preservation of peace in the vicinity of Public Works. An Act respecting certain offences relative to Her Majesty's Army and Navy. An Act for the better protection of Her Majesty's Military and Naval Stores. An Act respecting Cruelty to Animals. An Act respecting Vagrants. An Act respecting Procedure in Criminal Cases and other matters relating to Criminal Law. An Act respecting the duties of Justices of the Peace, out of Sessions, in relation to persons charged with Indictable Offences. An Act respecting the duties of Justices of the Peace, out of Sessions, in relation to Summary Convictions and Orders. An Act respecting the prompt and summary administratration of criminal justice in certain cases. An Act respecting the trial and punishment of Juvenile Offenders. An Act respecting Juvenile Offenders within the Province of Quebec. An Act for the more speedy trial in certain cases of persons charged with felonies and misdemeanors, in the Provinces of Ontario and Quebec. SCHEDULE B. ACTS OF THE LEGISLATURE OF THE LATE PROVINCE OF CANADA. Consolidated Statutes of Canada. Reference to Act. TITLE OF ACT. Extent of Chapter 30 An Act respecting the Sale of Intoxicat- The whole. State. Chapter 91 An Act respecting Offences against the The whole. Chapter 92 An Act respecting Offences against Per- The whole. Chapter 93 An Act respecting Arson and other The whole. Malicious Injuries to Property. Chapter 94 An Act respecting Forgery. The whole. SCHEDULE |