Imp. Act 6,7 By whose order and on persons committed in be arrested and detained. sixth and seventh years of Her Majesty's reign, for giving effect to the Treaty aforesaid, and intituled: "An Act for giving effect to a Treaty between Her Majesty and the United States of America, for the apprehension of certain Offenders," have been found inconvenient in practice in Canada, and more especially that provision which requires that before the arrest of any such offender a Warrant shall issue under the Hand and Seal of the person administering the Government, to signify that a requisition hath been made by the authority of the United States for the delivery of the offender as aforesaid, and to require all Justices of the Peace, and other Magistrates and Officers of Justice, within their several jurisdictions, to govern themselves accordingly, and to aid in apprehending the person so accused, and in committing such person to Gaol for the purpose of being delivered up to justice according to the provisions of the said Treaty, inasmuch as by the delay occasioned by compliance with the said provision, an offender may have time afforded him for eluding pursuit; And whereas by the fifth section of said Act it is enacted, that if by any Law or Ordinance to be thereafter made by local Legislature of any British Colony or Possession abroad, provision shall be made for carrying into complete effect within such Colony or Possession, the objects of the said Act, by the substitution of some other enactment in lieu thereof, then Her Majesty may, with the advice of Her Privy Council (if to Her Majesty in Council it seems meet), suspend, within any such Colony or Possession, the operation of the said Act of the Imperial Parliament, so long as such substituted enactment continues in force there, and no longer; And whereas it is expedient to make provision for carrying the objects of the said Act and Treaty into complete effect within the whole Dominion of Canada by the substitution of other enactments in lieu of those of the said Imperial Act: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: any 1. Upon complaint made under oath, or affirmation (in what evidence cases where affirmations can legally be taken instead of charged with oaths), charging any person found within the limits of certain crimes Canada with having committed, within the jurisdiction of the U.. may, the United States of America, any of the crimes enumerated or provided for by the said treaty, it shall be lawful for Judge of any of Her Majesty's Superior Courts in Canada, or any Judge of a County Court in Canada, or any Recorder of a City in Canada, or any Police Magistrate, or Stipendiary Magistrate in Canada, or any Judge of the Sessions of the Peace in the Province of Quebec, or any Inspector and Superintendent of Police, empowered to act as a Justice of the Peace in the Province of Quebec, or any Commissioner ap pointed pointed for the purpose by the Governor under the Great Seal, (which appointment the Governor is hereby authorized to make, and under which Commission such Commissioner shall, for the purposes of this Act, have all the powers of a Judge of one of Her Majesty's Superior Courts,) to issue his warrant for the apprehension of the person so charged, that he may be brought before such judge, commissioner or other officer; and upon the said person being brought before him under such warrant, it shall be lawful for such judge, commissioner or other officer, to examine upon oath any person or persons touching the truth of such charge, and upon such evidence as according to the laws of the Province in which he has been apprehended would justify the apprehension and committal for trial of the person so accused, if the crime of which he is so accused had been committed therein, it shall be lawful for such judge, commissioner or other officer to issue his warrant for the commitment of the person so charged, to the proper gaol, there to remain until surrendered according to the stipulation of the said treaty, or until discharged according to law; and the judge. commissioner or other officer shall thereupon forthwith transmit or deliver to the Governor, a copy of all Copy of evithe testimony taken before him, that a warrant may issue, transin tted to upon the requisition of the United States, for the surrender of such person, pursuant to the said treaty. dence to be the Governor. of devotions may be re eived in evidence. 2. In every case of complaint, as aforesaid, and of a hear- Cerain copies ing upon the return of the warrant of arrest, copies of the depositions upon which the original warrant was granted in the United States, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them, to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended. muy after a seven days net oder on the regul the offender tion of the U S. 3. It shall be lawful for the Governor, at any time not The Governor less than seven days after the commitment of an accused period of person, according to the provisions of the first section, upon fr m con mita requisition made as aforesaid, by the United States, by the deity of warrant under his hand and seal, to order the person so committed, to be delivered to the person or persons authorized to receive such person in the name and on behalf of the said United States, to be tried for the crime of whi h such person stands accused; and such person shall be delivered up accordingly and the person or persons, autho rized as aforesaid, may hold such person in custody, and take him to the territories of the said United States, pursuant Provisions in to the said treaty; and if the person so accused, escapes care of escape. out of any custody to which he stands committed, or to which he has been delivered as aforesaid, such person may be Governor may in his discre discharge of the person be retaken in the same manner as any person accused of any crime against the laws of the Province in which the escape occurs, may be retaken upon an escape. 4. In case at any time after such commitment as aforesaid, tion, order the the Governor determines that the person so committed ought not to be so delivered as aforesaid, it shall be lawful so committed. for the Governor, by a warrant under his hand and seal, to order such person to be discharged out of custody upon such commitment. Prisoner detained more than two months after commitmert, &c., may be order of a Judge. 5. In case any person committed under this Act and the treaty aforesaid, to remain until delivered up in pursuance of a requisition as aforesaid, be not delivered discharged by up pursuant thereto and conveyed out of Canada within two months after such commitment, over and above the time actually required to convey the prisoner from the gaol to which he has been committed by the readiest way out of Canada, any one or more of the Judges of any of Her Majesty's Superior Courts in Canada, having power to grant a writ of Habeas Corpus, may, upon application made to him or them by or on behalf of the person so committed, and upon proof made to him or them that reasonable notice of the intention to make such application has been given to the Secretary of State of Canada, order the person so committed to be discharged out of custody, unless sufficient cause be shewn to such judge or judges why such discharge should not be ordered." Duration of this Act. Inconsistent enactments superseded and repealed. Except as to proceedings commenced. 6. This Act shall continue in force during the continuance of the tenth article of the said treaty and no longer. 7. The eighty-ninth chapter of the Consolidated Statutes of the late Province of Canada, and the Act of the legislature of that Province passed in the twenty-fourth year of Her Majesty's reign, chapter six, are superseded by this Act and repealed, except as respects any proceedings commenced under them or either of them before the passing of this Act, which shall be continued and completed under them as if this Act had not been passed. 32 & 33 VICTORIA. CHAP. 17. An Act to remove doubts as to Legislation in Canada regarding offences not wholly committed within its limits. [Assented to 22nd June, 1869.] HE ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: of c. 69, 31 V. 1. The words "or without" in the first line of the second Certain words section of the sixty-ninth chapter of the Statutes of Canada in ss. 2 and 5 passed in the thirty-first year of Her Majesty's reign, and repealed. the same words in the second line of the fifth section of the same Act, and any other words in the said chapter assuming a jurisdiction over offences not wholly committed in Canada, are repealed. 31 V. 2. So much of the eighth section of the seventy-second Also part of chapter of the Statutes of the same year, as relates to 3,8 of c. 72, felonies which shall not have been wholly committed within Canada, and to persons who shall be accessories to such felonies, is hereby repealed. СНАР. I 8. An Act respecting Offences relating to the Coin. [Assented to 22nd June, 1869.] WE HEREAS it is expedient to assimilate, amend and Preamble. consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, re specting Interpretation Copper coin. terfeit coin. specting offences relating to the Coin, and to extend the same as so consolidated, to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In the interpretation of and for the purposes of this Act, the expression "current gold or silver coin" shall include any gold or silver coined in any of Her Majesty's mints, or gold or silver coin of any foreign prince, or state or country or other coin lawfully current, by virtue of any proclamation or otherwise, in Canada or in any other part of Her Majesty's Dominions; and the expression "current copper coin" shall include any copper coin and any coin of bronze or mixed metal coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's False or coun- Dominions; and the expression "false or counterfeit coin resembling or apparently intended to resemble or pass for current gold or silver coin" or other similar expression, shall include any of the current coin which has been gilt, silvered, washed, coloured or cased over, or in any manner altered, so as to resemble or be apparently intended to resemble or pass for any of the current coin of a higher Current coln. denomination; and the expression " current coin," shall include any coin coined in any of Her Majesty's mints, or lawfully current, by virtue of any proclamation or otherwise, in Canada, or any other part of Her Majesty's Dominions, and whether made of gold, silver, copper, bronze, What shall be or mixed metal;-and where the having any matter in the having in possession. Counterfeiting current golu or silver coin, custody or possession of any person is mentioned in this Act, it shall include, not only the having of it by himself in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter is so had for his own use or benefit, or for that of any other person. 2. Whosoever falsely makes or counterfeits any coin resembling or apparently intended to resemble or pass for any current gold or si.ver coin, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term 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 with or without solitary confinement. |