power and authority to try any person arraigned before the said court on any such charge; and the jury laws and laws of criminal procedure of the said Province shall apply to any such trial; except that the punishment to be awarded, upon conviction of any such person, shall be according to the laws in force in the North-West Territories: and the sentence may be carried into effect in a penitentiary or other place of confinement in the said Province, as if the same were in the North-West Territories. Power to con- 6. Whenever, under either of the two next preceding secvey prisoners into Manitoba. tions, any convict or accused person is ordered to be conveyed to gaol or to the penitentiary in Manitoba, any constable or other person in whose charge he is to be so conveyed, shall have the same power to hold and convey him, or to re-take him in case of an escape, and the gaoler or warden of the penitentiary in Manitoba shall have the same power to detain and deal with him, in the said Province, as if it were within the North-West Territories, or as if the said convict or accused person had been ordered to be conveyed to such gaol or penitentiary by some competent court or authority in the said Province. Custody by Police, where there is no gaol. Governor in 7. Where it is impossible or inconvenient, in the absence or remoteness of any gaol or other place of confinement, to carry out any sentence of imprisonment, any Justice of the Peace or Stipendiary Magistrate, or any two Stipendiary Magistrates sitting together as aforesaid, or any Judge of the Court of Queen's Bench of Manitoba, may, according to their several powers and jurisdictions hereinbefore given, sentence such person so convicted before him or them, and sentenced as aforesaid, to such imprisonment, to be placed and kept in the custody of the police of the North-West Territories, with or without hard labour,--the nature and extent of which shall be determined by the Justice of the Peace or Stipendiary Magistrate or Stipendiary Magistrates, or Judge, by or before whom such person was convicted. 8. The Governor in Council may cause to be erected in erect lock-up. any part or parts of the North-West Territories any building or buildings, or enclosure or enclosures, for the purposes of the gaol or lock-up, for the confinement of prisoners charged with the commission of any offence, or sentenced to any punishment therein; and confinement or imprisonment therein shall be held lawful and valid. Supplying place of officers, not existing in N. W. Territories. 9. Whenever in any Act of the Parliament of Canada in force in the North-West Territories, any officer is designated for carrying on any duty therein mentioned, and there shall be no such officer in the North-West Territories, the Lieutenant-Governor 1873.Administration Justice, N. W. Territories, &c. Chaps. 35,46. tenant-Governor in Council may order by what other person or officer such duty shall be performed; and anything done by such person or officer, under such order, shall be valid and legal in the premises; or if it be in any such Act ordered that any document or thing shall be transmitted to any officer, court, territorial division or place, and there shall be in the said North-West Territories no such officer, court or territorial division or place, then the Lieutenant-Governor in Council may order to what officer, court or place such transmission shall be made, or may dispense with the transmission thereof. [NOTE.-Sections 10, &c., to end of Act refer to the Mounted Police force.] CHAP. 46. An Act to amend "An Act respecting the Militia and HERA [Assented to 23rd May, 1873.] -417 ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows: 1. The twenty-seventh section of the Act passed in the New provision thirty-first year of Her Majesty's reign, intituled "An Act substituted for part of s. respecting the Militia and Defence of the Dominion of Canada," 27 of 31 V., o is hereby amended by substituting the following to the first 40. portion of the said section down to and including the words military commanding officer only, viz. :— casions the out. "27. The Active Militia, or any corps thereof, shall be liable By whom and to be called out for active service with their arms and ammu- on what ocnition, in aid of the civil power in any case in which a riot, Active Militia disturbance of the peace or other emergency requiring such may be called service occurs, or is, in the opinion of the civil authorities hereinafter mentioned, anticipated as likely to occur, and (in either case) to be beyond the powers of the civil authorities to suppress, or to prevent or deal with, whether such riot, disturbance or other emergency occurs, or is so anticipated within or without the municipality in which such corps is raised or organized and it shall be the duty of the senior officer of the Active Militia present at any locality to call out the same or any portion thereof as he considers necessary for the purpose of preventing or suppressing any such actual or anticipated riot or disturbance, or for the purpose of meeting and dealing with any such emergency as aforesaid, when thereunto required in writing by the Chairman or Custos of the Quarter Sessions of the Peace, or by any three magistrates, Requisition must be in writing. of whom the warden, mayor or other head of the municipality or county in which such riot, disturbance or other emergency occurs, or is anticipated as aforesaid, may be one; and to obey such instructions as may be lawfully given him by any magistrate in regard to the suppression of any such actual riot or disturbance, or in regard to the anticipation of such riot, disturbance or other emergency, or to the suppression of the same, or to the aid to be given to the civil power in case of any such riot, disturbance or other emergency; and every such requisition in writing as aforesaid shall express on the face thereof, the actual occurrence of a riot, disturbance, or emergency, or the anticipation thereof, requiring such service of the Active Militia in aid of the civil power, for the suppression thereof: and every officer, non-commissioned Commanding officer and man of such Active Militia or any portion thereof, shall, on every such occasion, obey the orders of his commanding officer: and the officers and men, when so called out, shall, without any further or other appointment, and without taking any oath of office, be special constables, and shall be considered to act as such so long as they remain so called out; but they shall act only as a military body, and shall be individually liable to obey the orders of their military commanding officer only." They must obey their Officer. Officers and men to be special constables; but to obey their Military Commanding Officer only. New section in lieu of 8. C. 40. 2. The seventy-second section of the Act herein before men72, of 31 V., tioned, made and passed in the thirty-first year of Her Majesty's reign, is hereby repealed, and the following section is substituted therefor as the seventy-second section of the said Act: Her Majesty may convene Courts of Enquiry and Courts Mar. tial. Proviso. "72. Her Majesty may convene courts of enquiry and appoint officers of the militia to constitute such courts, for the purpose of investigating and reporting on any matter connected with the government or discipline of the militia, and with the conduct of any officer, non-commissioned officer or private of the force; and shall have power at any time to convene militia courts martial, and to delegate power to convene such courts, and to appoint officers to constitute the same, for the purpose of trying any officer, non-commissioned officer or private of the militia for any offence under this Act, and to delegate also power to approve, confirm, mitigate, or remit any sentence of any such court; but no officer of Her Majesty's regular army on full pay shall sit on any militia court martial." CHAP. СНАР. 50. An Act to amend the Act respecting Offences against the Person. H [Assented to 23rd May, 1873.] ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows: V, c. 20, 1. The forty-ninth section of the Act passed in the session S. 49 of 32-33 held in the thirty-second and thirty-third years of Her amended. Majesty's reign, and intituled "An Act respecting offences against the Person," is hereby amended, so as to be read as follows: intent to "Whosoever commits the crime of rape is guilty of felony, Rape to be and shall be liable to suffer death as a felon, or to be im- death or imprisoned in the penitentiary for life, or for any term not less prisonment. than seven years: and whosoever assaults any woman or Assault with girl with intent to commit rape is guilty of a misdemeanor, commit. and shall be liable to be imprisoned in the penitentiary for any term not exceeding seven years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour." And the said section, as so amended, shall form part of the Construction. said Act, and be construed and have effect as the forty-ninth section thereof. CHAP. 51. An Act further to amend the law respecting certain matters of procedure in criminal cases. HER [Assented to 23rd May, 1873.] ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows: for s. 105 of 1. Section one hundred and five of the Act passed in the New section session held in the thirty-second and thirty-third years of 32, 33 V., c. Her Majesty's reign, and intituled "An Act respecting Pro- 29. cedure in Criminal Cases, and other matters relating to Criminal Removal of insane prisoners. Preamble. Periods mentioned in 33 extended to and 1876. Criminal Law," is hereby repealed and the following substituted in lieu thereof: "105. The Lieutenant-Governor, upon such evidence of the insanity of any person imprisoned for an offence, or imprisoned for safe custody charged with an offence, or imprisoned for not finding bail for good behaviour or to keep the peace, as the Lieutenant-Governor shall consider sufficient, may order the removal of such insane person to a place of safe keeping; and such person shall remain there, or in such other place of safe keeping, as the Lieutenant-Governor may, from time to time, order, until his complete or partial recovery shall be certified to the satisfaction of the Lieutenant-Governor, who may then order such insane person back to imprisonment, if then liable thereto, or otherwise to be discharged." CHAP. 52. An Act to extend the Act passed in the 33rd year of Majesty's Reign, intituled "An Act to amend "the Penitentiary Act of 1868." [Assented to 23rd May, 1873.] TER MAJESTY, by and with the advice and consent of follows: 1. For and notwithstanding anything contained in the V. c. 30, s. 5, Act passed in the thirty-third year of Her Majesty's reign, 1st May, 1875 intituled "An Act to amend the Penitentiary Act of 1868,' the period beyond which no person sentenced in New Brunswick or Nova Scotia to be imprisoned with hard labour for less than one year shall be received or imprisoned in the penitentiary shall be extended to the first day of May, which will be in the year of our Lord one thousand eight hundred and seventy-five; and the period beyond which no person sentenced in either of the said Provinces to imprisonment with hard labor for less than two years, shall be received or imprisoned in the said Penitentiary, shall be extended to the first day of May, which will be in the year of our Lord, one thousand eight hundred and seventy-six. CHAP. |