Asylum to be Penitentiary. 64. It is hereby declared, that the lunatic asylum situ- Rockwood ated at Rockwood, near Kingston, in the County of Fronte- part of the nac, in the Province of Ontario, together with all the tract and parcel of land belonging thereto, as now known to be measured and bounded, and all buildings on the said piece of land erected, or hereafter to be erected, shall be, and form part of the Kingston Penitentiary, and be called "Rockwood Asylum.' ther ground 65. Every piece or parcel of land hereafter to be acquired And any furby Her Majesty, for the uses and purposes of Rockwood acquired for it. Asylum, upon proclamation by the Governor, published in manner herein above set forth, defining the limits and boundaries thereof, shall also form part of the Kingston Penitentiary. powers of di asylum. 66. It shall be lawful for the Directors to have, use and Duties and exercise all the privileges and powers granted to them by rectors as to this Act, and they shall perform all the duties made incumbent upon them hereby, with respect to the government, management and maintenance of Rockwood Asylum, and of the lunatics confined therein, as are conferred or rendered obligatory upon them with respect to Penitentiaries, subject to such instructions as shall be, from time to time, by them received from the Governor. difference of 67. In case of a difference of opinion between two Direc- In case of tors at any meeting at the said asylum, at which no more opinion of two than two are present, upon a special matter affecting the Directors. asylum only, the Medical Superintendent may be called upon at the joint request of such Directors to decide between them. insane con asylum; how 68. Should it at any time appear to the Surgeon of the Removal of Kingston Penitentiary, that any convict confined therein is victs to the insane, and that it is desirable that such convict should be to be deterremoved to Rockwood Asylum, he shall report the fact to effected the Warden of the Penitentiary, who upon receipt of such report, shall immediately desire the Medical Superintendent of Rockwood Asylum to meet the said Surgeon of the Penitentiary, at the said Penitentiary, at an early day by the Warden fixed for the purpose, and the Surgeon and the Medical Superintendent shall consult together, and determine as to the sanity or insanity of such convict, either at their first or at any subsequent consultation as they may see fit, and should they be jointly of opinion that such convict is of unsound mind and ought to be removed to Rockwood Asylum, they shall report the same in writing to the Warden of the Penitentiary, on which report the said Warden shall forthwith Case of recov before the expiration of his sentence. forthwith remove such convict to Rockwood Asylum, and shall report the whole proceedings taken in the case to the Directors at their next meeting at the Penitentiary; and such convict shall be received into Rockwood Asylum, and be there safely kept, until he shall be remanded back to the Penitentiary, or until the expiration of his sentence, or until otherwise discharged, as hereinafter provided. 69. If at any time before the termination of the sentence ery of onvict of such convict, it be certified to the said Warden by the Medical Superintendent of Rockwood Asylum, that such convict has recovered his reason and is in a fit state to be sent back to the Penitentiary, the said Warden shall desire the Surgeon of the Penitentiary to meet the said Medical Superintendent at Rockwood Asylum, and after examination of such convict by the said Surgeon and Medical Superintendent, if they shall jointly be of opinion that such convict has again become of sound mind, they shall make report of the same to the Warden, who thereupon shall convey such convict back to the Penitentiary, therein to be detained until the expiration of his sentence. Expiration thereof while still in the asylum. Convlet be coming sano after expiration of his sentence. Governor in Council may order other lucatics to be received at Rockwood Asylum. 70. If the term of imprisonment of any convict shall expire while such convict is detained in Rockwood Asylum as insane, he may nevertheless continue to be detained therein, but the fact of and reason for his detention shall be notified in writing by the Medical Superintendent to the Secretary of State, and to the Warden. 71. Should the said Convict at any time after the termination of his sentence become of sound mind, it shall be the duty of the Medical Superintendent, thereupon, to discharge him and to report the fact to the Secretary of State; or if at any time after the termination of his sentence and before his recovery, it shall seem fit to the Governor to order his being given up to any person or persons named in a warrant signed by the Secretary of State, the Medical Superintendent shall, upon receipt thereof, deliver the said convict to such person or persons, and the receipt of such person or persons for the body of such convict, shall be sufficient discharge to the said Medical Superintendent. 72. It shall be lawful for the Governor, by Order in Council, to direct that the Rockwood Asylum may be used as the Asylum or place for the safe keeping and treatment of any lunatic or class of lunatics (in addition to the insane convicts from the Kingston Penitentiary), to be named or specially designated in such Order in Council, and upon such terms and conditions as shall be therein set forth; and a a certified copy of such Order in Council shall be communicated by the Secretary of State to the Medical Superintendent of the Asylum, and to the Chairman of the Directors. 73. It shall be lawful for the Governor to appoint the officers of following officers of Rockwood Asylum, to wit: The Medical Superintendent; the Assistant Medical Superintendent, (whenever there shall be a sufficient number of lunatic patients in the asylum as, in the opinion of the Governor, to render the services of such an officer required) and the Accountant; and it shall be lawful for the Directors to suspend from office any one of the officers named in this section for misconduct, incapacity or inefficiency, but they shall make immediate report of such suspension and the cause thereof to the Secretary of State, for the information of the Governor, and such officer shall be and remain so suspended until the pleasure of the Governor shall be made known to the Chairman of Directors. Rockwood of Steward. 74. It shall be lawful for the Directors to appoint a Appointment Steward for said asylum, who may for cause, be suspended from office by the Medical Superintendent, by whom reports of the facts of the case shall be made to the Directors at their next meeting for their consideration and decision. female officers: 75. It shall be lawful for the Medical Superintendent to Male and appoint a Matron and such and so many other male and female officers, with the consent in writing of the Directors, as the Directors may consider necessary for the service of the institution, any of whom may be removed by the Medical Superintendent at pleasure, or by the Directors for cause. Medical Super 76. The salary of the Medical Superintendent shall be Salary of as set forth in Schedule B., to this Act annexed, and he intendent. shall receive such allowance for fuel and light as to the Governor in Council may seem fit. allowances of others. 77. It shall be lawful for the Governor in Council, to fix Salaries and such salaries and allowances to the officers of the Rockwood him and Asylum other than the Medical Superintendent, as the Governor may, from time to time, think reasonable, regard being had to the number of insane persons confined in the Asylum, and to the officer's length of service. 78. This Act may be cited as "The Penitentiary Act of Short Title. SCHEDULE (If the above two offices be combined, the salary may be that of the Storekeeper.) Trade Instructor, not exceeding........ 700 ..... and not less than...... and not less than............ Matron, not exceeding.. and not less than...... Deputy Matron, not exceeding. Other Male Servants, not exceeding per day............ .... 1 500 250 300 СНАР. 94. An Act respecting the Treaty between Her Majesty and the United States of America, for the apprehension and surrender of certain offenders. [Reserved for the signification of Her Majesty's pleasure thereon, 22nd May, 1868: Royal Assent given by Her Majesty in Council on the 19th June, 1888; Proclamation there f made by His Excellency the Governor General on the 8th Augus!, 1863.] THEREAS, by the tenth article of a Treaty between Preamble. Her Majesty and the United States of America, U. S. of 9th recited. signed at Washington on the ninth day of August, in the Treaty with year one thousand eight hundred and forty-two, the ratifi- August, 1812, cations whereof were exchanged at London, on the thirtieth day of October, in the same year, it was agreed that Her Majesty and the said United States should, upon mutual requisition by them or their Ministers, Officers or Authorities respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit Murder, or Piracy, or Arson, or Robbery, or Forgery, or the Utterance of Forged Paper, committed within the jurisdiction of either of the High Contracting parties, should seek an Asylum or should be found within the Territories of the other, provided that this should only be done upon such evidence of criminality as according to the laws of the place where the fugitive or person so charged should be found, would justify his apprehension and commitment for trial if the crime or offence had been there committed; and that the respective Judges and other Magistrates of the two Governments should have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, so that he might be brought before such Judges or other Magistrates respectively, to the end that the evidence of criminality might be heard and considered, and that if on such hearing the evidence should be deemed sufficient to sustain the charge, it should be the duty of the examining Judge or Magistrate to certify the same to the proper Executive Authority, that a warrant might issue for the surrender of such fugitive; and that the expense of such apprehension and delivery should be borne and defrayed by the party making the requisition and receiving the fugitive; And whereas it is by the eleventh article of the said Treaty further agreed, that the tenth article hereinbefore recited should continue in force until one or other of the High Contracting Parties should signify its wish to terminate it, and no longer; And whereas certain provisions of the Act passed by the Parliament of the United Kingdom of Great Britain and Ireland, in the Session held in the |