What shall be included as tentiary. will cease to be so held and considered, from and after a certain day, to be named in said subsequent proclamation. 13. Every Penitentiary now established, and every Penipart of a Peni- tentiary hereafter to be established by virtue of this Act, shall be held to include all carriages, waggons, sleighs or other vehicles for land carriage, and all boats, scows or other vessels for water carriage, being the property of such Penitentiary, or employed by hire or otherwise in its service, and likewise any wharf at or near the said Penitentiary, although not within the limits mentioned in the proclamation establishing the same, but used for the accommodation of such craft when so employed in or about any work or labour connected with such Penitentiary. The like as to roads, &c. Directors may authorize the tram roads. Notice to municipality. 14. Every street, highway or public thoroughfare of any kind, along or across which it may be necessary that convicts should pass in going to and returning from their work, shall, while so used, be considered as a portion of the tract of land forming the Penitentiary; and any escape, or attempt at escape, and any rescue, or aid in rescue, shall be held as if such escape or attempt at escape, and such rescue or aid in rescue had taken place, within the Prison walls or Penitentiary limits. 15. It shall be lawful for the Directors to authorize the construction of Warden of any Penitentiary, by an order passed at a full meeting, to construct rail or tram roads to communicate between any part of the Penitentiary and another, and to carry the same across, upon or along any public road or street intervening-in such manner, however, as to cause the least possible inconvenience to passengers or carriages using such road or street; But it shall not be lawful for the Warden of such Penitentiary to break ground upon any public road or street for the purpose of constructing such rail or tram roads, in virtue of such order by the Directors, until after the lapse of one month, after a copy of such order, certified by the said Warden, shall have been served upon the officer or person charged with the care or supervision of such public road, along with a plan showing the line which such rail or tram roads are to occupy. What shall be sufficient au veying con CONVEYANCE OF CONVICTS. 16. The Sheriff or Deputy Sheriff of any County or Dis. thority for con- trict, or any Bailiff, Constable, or other officer, or other person, by his direction, or by the direction of a Court, may convey to the Penitentiary named in the sentence, any convict sentenced or liable to be imprisoned therein, and shall victs. deliver deliver him to the Warden thereof, without any further warrant than a copy of the sentence taken from the minutes of the Court before which the convict shall have been tried, and certified by a Judge or by the Clerk or acting Clerk of such Court. from any or gaol. 17. In all cases where a prisoner is ordered by competent when brought authority to be conveyed to any Penitentiary from any other penitentiary Penitentiary, or from a Reformatory Prison, or from a common gaol, there shall be delivered to the Warden of the Penitentiary receiving such prisoner, along with all other necessary documents, a certificate signed by the medical officer of the institution from which such prisoner has been taken, and countersigned by the Warden if he shall have been taken from a Penitentiary or a Reformatory Prison, or by the Sheriff or his Deputy if from a Common Gaol, declaring that such prisoner is free from any putrid, infectious or cutaneous disease, and that he is fit to be removed, CONVICTS TO BE RECEIVED. den. 18. The Warden shall receive into the Penitentiary every Duty of Warconvict legally certified to him, as sentenced to imprisonment therein, and shall there detain him, together with those already lawfully confined therein, subject to all the rules, regulations, and discipline thereof, until the term for which he has been sentenced be completed, or until he shall be otherwise discharged in due course of law. REMOVAL FROM AND TO A PENITENTIARY. Governor may authorize re moval from or to any peni such case. 19. It shall be lawful for the Governor by warrant signed by the Secretary of State of Canada, or by such other officer as may be, from time to time, authorized by the Governor tentiary. in Council, to direct the removal of any convict from any one Penitentiary to another; and the Warden of the Peni- Proceedings in tentiary, having the custody of any convict so ordered to be removed, shall, when required so to do, deliver up the said convict to the constable or other officer or person who shall produce the said warrant; together with a copy, attested by the said Warden, of the sentence and date of conviction of such convict as given to him on reception of said convict into his custody; and the constable or other officer or person shall give a receipt to the Warden for the convict, and shall thereupon, with all convenient despatch, convey and deliver up such convict with the said attested copy into the custody of the Warden of the Penitentiary mentioned in the warrant, who shall give a receipt in writing for every convict, so received into his custody, to such constable or other officer Detention of convict. Powers of sheriff or offi convicts to a officer or person as his discharge and the convict shall be kept in custody in the Penitentiary to which he has been so removed, until his removal to another Penitentiary, or until the termination of his sentence, or until his pardon or release, or discharge by law. 20. The Sheriff or other officer or other person employed cer conveying by competent authority, to convey any convict to any Penipenitentiary. tentiary to which such convict is ordered to be taken, either by sentence of a Court or by order of the Secretary of State, or other officer, as in the next preceding section mentioned, may secure and convey him through any County or District, through which he may have to pass in any of the Provinces of Canada; and until the convict has been delivered to the Warden of such Penitentiary, he shall have, in all territorial divisions or parts of Canada through which it may be necessary to convey such convict, the same authority and power over and with regard to such convict, and to command the assistance of any person in preventing his escape, or in re-capturing him in case of an escape, as the Sheriff of the territorial division in which he was convicted, would himself have in conveying him from one part to another of that locality. Power to convey a convict whose sen tence has been commuted. 21. In any case, in which sentence of death has been passed upon any convict, by any Court in Canada, and the Governor, on behalf of Her Majesty, has been pleased to commute such sentence for imprisonment for life, or for any term of years, such commutation shall have the same effect as the judgment of a competent Court legally sentencing such convict to such imprisonment for life, or other Duty of Sheriff, term would have; And the Sheriff, or other officer, or other person having such convict in custody, on receipt of a letter from the Secretary of State, or such other officer as aforesaid, notifying him of the fact of such commutation, and directing him to convey such convict to a Penitentiary therein named, shall forthwith convey such convict thereto, and shall have the same rights and powers in conveying such convict to said Penitentiary, as if the conveyance took place by virtue of the sentence of a competent Court. What shall be sufficient au warden in such case. 22. In order to commute any sentence of death as aforethority to the said for imprisonment for life, or for a term of years, it shall not be held to be necessary, nor to have been at any time necessary for the purpose of commuting such sentence, or of authorizing the conveyance of a prisoner to any Penitentiary, or for his reception and detention therein for the commuted period, that a copy of any pardon should be or should have been in the possession of the Warden of such Penitentiary; a letter, signed by the Secretary of State, or such such other officer as aforesaid, notifying the Warden of the fact of such commutation, and of the term of years for which the sentence has been commuted, or for life, shall be and shall have been sufficient authority for the Warden to receive such convict into the Penitentiary, and to deal with him as if he had been sentenced by a competent Court to confinement therein for the period in said letter mentioned. Conveyance to prisoners attempting to escape, while at work, &c. 23 Every prisoner who, being ordered to be detained in Escape during any Penitentiary, shall escape from the person or persons be felony. having the lawful custody of such prisoner, when being conveyed thereto, shall be guilty of felony, and being convicted thereof, shall have not less than two years added to the original term of his imprisonment; And any prisoner Punishment of who at any time shall break prison or escape, or attempt to escaping or escape from the custody of any officer, guard, or other servant of the penitentiary while at work, or passing to or from work, either within or beyond the prison walls or Penitentiary limits, shall, on conviction thereof, be punished by an addition not exceeding three years to the term of his imprisonment, besides forfeiting the whole of the period of remission of sentence hereinafter mentioned, which he may have earned, and he may also be again confined in the penal prison or solitary cells, if any, attached to such Penitentiary, as in the prison rules may be prescribed. for breaking 24. Every prisoner in any Penitentiary who, at any time, Punishment shall attempt to break prison, or who shall forcibly break prison or out of out of his cell, or make any breach therein with intent to cell, &c. escape therefrom, whether successful or not, shall, on conviction thereof, be punished by an addition, not exceeding one year, to the term of his imprisonment, besides forfeiting the whole of the period of remission of sentence earned by him, and being again confined as in the last clause mentioned. any officer. 25. If any convict, confined in any Penitentiary, shall For assaulting assault any officer or servant employed therein, he shall be guilty of at least an aggravated assault, and shall also forfeit the whole of the period of remission of sentence which he may have previously earned, and shall be again confined, as in the twenty-third section. attempting to 26. Every person who shall rescue or attempt to rescue Rescuing or any prisoner, while being conveyed to any Penitentiary, or rescue any while being imprisoned therein, or while passing to or rrisoner. from work at or near any Penitentiary, and every person who, by supplying arms, tools or instruments of disguise or otherwise, 31 VICT. otherwise, shall in any manner aid any such prisoner in any escape or attempt at escape, shall be guilty of felony. 27. Every person having the custody of any such prisoner as aforesaid, or being employed by the person having such custody as a keeper, turnkey, guard or assistant, who shall carelessly allow any such convict to escape shall be guilty of a misdemeanor, and, on conviction, thereof, shall be liable to fine or imprisonment or to both, at the discretion of the Court; and every such person as aforesaid, who shall knowingly or willingly allow any such convict to escape shall be guilty of felony. 28. Every officer, guard or servant of any Penitentiary, or any other person who shall bring in or carry out, or endeavour to bring or carry out, or knowingly allow to be brought in or carried out to or from any convict, or carry to any convict while employed outside the prison walls, any money, clothing, provisions, tobacco, spirits, letters, papers or other articles whatsoever not allowed by the rules of the said prison, shall, if an officer or servant of the prison, be guilty of a misdemeanor, and may, if thought fit by the Warden or Deputy Warden, be apprehended and carried before a Justice of the Peace, who shall be empowered to hear and determine any such offence in a summary way, and every such officer, guard or servant or other person, upon conviction of such offence before a Justice of the Peace shall be liable to pay a penalty not exceeding one hundred dollars, or, in the discretion of the justice, to be imprisoned in the common gaol, there to be kept at hard labour for any term not exceeding three months. TRANSFER OF JUVENILE OFFENDERS FROM AND TO REFORMA TORY PRISONS. 29. In any case where a juvenile offender has been ordered by competent authority to be imprisoned in any Reformatory Prison, and after his being imprisoned therein, has become incorrigible, it shall and may be lawful for the Lieutenant-Governor of the Province in which the Reformatory Prison is situated, by a warrant under his hand, ad- ` dressed to the Warden of such Reformatory Prison, setting forth the sentence or order by which the juvenile offender was imprisoned therein, and the fact that he is incorrigible, to direct that such juvenile offender be removed to any Penitentiary named in said warrant; And the said Warden, or any other officer of the prison, or any other person authorized by him, shall have the same powers in conveying such |