« PreviousContinue »
will furnish supplies inserted in the
n the City of Kingstide a notice to be
Inspectors, or to the Provincial Secretary, as the nature of the case may render.
XXXI. And be it enacted, That the sums necessary to pay the salaries and other Expenses of Peníteni expenses of the Penitentiary shall be paid by the Receiver General of the Province, tiary how to be paid. out of any unappropriated moneys in his hands, forming part of the General Revenue Fund thereof, to the Warden, in discharge of such Warrant or Warrants as may be issued for that purpose by the Governor General, and shall be duly accounted for by the Warden as he may be directed.
XXXII. And be it enacted, That the said Penitentiary shall be supplied with provi provisions by contract, which contract shall be made by the Warden annually, unless supplied by contract: the Inspectors shall otherwise direct, with such persons as may be willing to accept , the lowest terms, at a fixed price per day for each ration furnished, the articles of food
and the quantities of each kind to be prescribed by the Inspectors, and inserted in the
XXXIII. And be it enacted, That whenever any controversy shall arise relative to Arbitrat any claim or demand which any person may have against the said Warden on account cases. of the said Penitentiary, such controversy may be referred to the arbitration of two or more persons mutually chosen by such Warden and the person with whom such controversy may exist, or to one person mutually chosen by the arbitrators so appointed as an umpire. And it shall be the duty of the said Warden to enforce the payment of all debts due to the Institution, as soon, and with as little expence to the Province as possible; but he may, with the approbation in writing of the Inspectors, accept of such security from any debtor, on granting time, or such composition in full settlement as may be conducive to the interests of the Province. XXXIV. And be it enacted, That all Books of Account, Registers, Letters, Returns, Books, &c., to be pu
Donitentiary Bills of Parcels, and other documents and papers relating to the affairs of the Penitentiary,
blic property, shall be considered as public property, and remain therein ; and the Warden of the said Penitentiary shall preserve therein at least one set of copies of all Official Reports made to the Legislature respecting the same, for which purpose, and to enable the Warden to distribute such Official Reports in exchange for the like documents from other similar Institutions, he shall be furnished by the Clerk of the Legislative Assembly with fifty copies of such Reports for distribution, when such Reports shall be printed by order of the said Legislative Assembly XXXV. And be it enacted, That no raft, craft, boat or vessel of any description shall Rafts, &
Rafts, &c., not to be be allowed to moor or anchor within three hundred feet of the shore or wharf bounding moored within a cer
tain distance of the the lands of the said Penitentiary, without the permission of the said Warden being first Penitentiary. had and obtained therefor; and any person violating the provisions of this section, shall, upon conviction thereof before a Justice of the Peace, be liable to pay a penalty of Five Pounds, to be levied by distress and sale of the offender's goods and chattels, under the Warrant of such Justice, and in default of payment of the same, with the costs thereon, and if sufficient distress cannot be found, shall be imprisoned at the discretion of the said Justice, for any period not exceeding two calendar months.
--- vogislature respecting the same, for which
Spirits not to be sold, nor introduced whit.' out leave.
Letters not to be brought to convicts without leave,
Visitors ex officio.
Proceedings when a convict shall die in the Penitentiary.
XXXVI. And be it enacted, That no spirituous or fermented liquors shall on any pretence whatever be sold within the said Penitentiary; nor shall any kind of spirituous or fermented liquors be brought in the Penitentiary for the use of any Officer except the Warden, or for the use of any convict confined therein. And any person giving spirituous or fermented liquors, or tobacco, or snuff, or cigars, to any convict, or conveying the same to any
convict, shall forfeit and pay the sum of Ten Pounds currency to the Warden for the use of the Prison, to be recovered by the Warden in any
Court of competent Jurisdiction.
XXXVII. And be it enacted, That no person shall, without consent of the Warden, bring into or convey out of the Penitentiary any letter, writing, or other article, to or from a convict, nor shall any Officer or other person employed therein write any letter on behalf of a convict; and whoever shall violate either of the provisions of this clause shall be deemed guilty of a misdemeanor, and he shall be liable to be fined or imprisoned, or both, at the discretion of the Court before which he or she may be convicted for the
XXXVIII. And be it enacted, That the following persons shall have authority to visit the Penitentiary at pleasure, namely: the Governor, the Members of the Executive Council, the Members of the Legislature, the Judges of the several Courts in this Province, including Circuit or County Judges, and Queen's Counsel; but no other person shall be permitted to enter within the walls where the prisoners are confined, except by the special permission of the Warden or Visitors, and then, under such regulations as the Inspectors shall prescribe.
XXXIX. And be it enacted, That whenever a convict shall die in the Penitentiary, it shall be the duty of the Inspectors, the Warden, the Chaplains, the Physician, the Deputy Warden, if they or any of them shall have reason to believe that the death of such convict arose from any other than ordinary sickness, to call upon the Coroner having jurisdiction to hold an inquest upon the body of such deceased convict, and on such requisition by one or more of the Officers named, the Coroner having jurisdiction shall hold such inquest, and for that end he, and the Jury and all others necessarily attending such inquest, shall have admittance to the Prison. And it shall be the duty of the Warden to cause the body of every convict who shall die in the Penitentiary to be decently interred at the expence of the Institution, unless the body be previously claimed and taken away by the friends or relatives of the deceased ; and the forms and certificates to be observed and taken at the death and burial of each convict shall be clearly laid down by the Inspectors in the rules and regulations.
XL. And be it enacted, That no punishments or privations of any kind shall be awarded in the Penitentiary except by the Warden or other Officer acting for the time being in his room. And the Warden shall cause to be kept a Book of Record, which shall be written up daily, shewing all complaints against convicts for improper conduct in the Penitentiary, and shewing under separate columns the date of each complaint, the name of each convict implicated in each offence, the nature of each offence, the punishment awarded to it, the date of infliction, the signature of the Officer making the complaint, and that also of the Officer who inflicted the sentence or saw it carried out ; and there shall be a column in the said Book for the sentence, which shall be filled in by the Warden and signed by him. And no complaint by any Officer against any convict shall be entertained by the Warden until it is recorded in the said Punishment Book ; and no punishment shall be inflicted for any offence until the day after the said offence shall have been committed ; and no punishment_shall be inflicted until the Warden has entered his award in the Punishment Book. Provided always, that the Warden shall have power, in the event of the refractory conduct of any convict rendering it necessary, summarily to remove such convict apart, and to place him in a cell and to keep him there until the usual hour of punishment shall have arrived. And should the Inspectors authorize corporal punishment to be inflicted in the Prison, the Warden shall have recourse to it only in extreme cases, and shall not inflict more than seventy-five lashes for any one offence; and no corporal
As to punishment and privations.
not to be
punishment shall be inflicted until the Physician shall have certified to the bodily fitness of the convict for such punishment ; nor shall any such infliction be carried out except in the presence of the Warden and Physician, nor shall corporal punishment be inflicted in any case upon any female convict in the said Penitentiary.
XLI. And be it enacted, That the Inspectors shall draw up a form of questions to be put to each convict on his or her discharge from the Penitentiary, so framed as questions to be put to
convicts. to shew by the answers, the views of the convicts as to the discipline and the treatment of the prisoners, and the effects produced on each; and the said formula of questions shall be put immediately before his or her discharge, to every convict by the Warden in the presence of the Chaplain of such convict, and the answers of each convict shall be correctly recorded in a book kept for that purpose, and the convict shall subscribe the same after they shall have been recorded, and the Warden and Chaplain shall sign their names to the same in attestation of the correctness thereof.
XLII. And be it enacted, That no convict shall be discharged from the Penitentiary con on Sunday, but any and every sentence expiring on that day shall be held as expiring discharged on Sun. on the day previous, and the Warden shall discharge such prisoner on Saturday. Anda no convict shall be discharged from the Penitentiary at the termination of his or her sentence, if he or she shall then labour under any grievous illness during which he or she cannot be safely discharged-unless at the request of the said convict. And To le furnished with whenever any convict shall be discharged from the Penitentiary, either by pardon or clothing, &c. expiration of sentence, it shall be the duty of the Warden to furnish such convict with the necessary clothing, ordered by the Inspectors, and with such sum of money, not exceeding Five Pounds, as the said Warden may deem proper and necessary. XLIII. And be it enacted, That no prisoner shall be compelled to leave the
✓ Not to be discharged Penitentiary by the natural expiration of the term to which he or she was sentenced, in winter months. during the months of November, December, January, February or March, and all prisoners whose sentences expire during these months shall be allowed to remain in the Penitentiary under the same discipline and control as if their sentences were still unexpired, until the first day of April following the expiration of their formal sentence. And on the said first day of April, a list shall be made of all the prisoners whose sentences expired during the five preceding months according to the date when their sentences expired, and according to such order they shall be discharged, one convict on the first April, and one on every day thereafter, until the whole have been so discharged.
XLIV. And be it enacted, That the female prisoners shall be kept totally distinct Fermales and secluded from the males, and shall be under the charge of the Matron and Assistant separate. Matron, subject however to all the provisions of this Act, and the rules and regulations of the Prison, so far as applicable to them.
XLV. And be it enacted, That the Inspectors of the Penitentiary may in their Inspectors discretion prepare a separate system of discipline and employment for the military prepare separate sys
iem for military con convicts, and on submitting the same for the sanction of the Governor General in victs. Council, and receiving such sanction, they may put such system in operation as far as regards military prisoners only, notwithstanding the provisions of this Act. XLVI. And be it enacted, That whenever it shall be certified by a Board of Insane convicts to be
removed to Lunatic Physicians to be appointed for the time being by the Governor in Council, such Board Asylum, &c not to consist of less than three Physicians, that any convict confined therein is insane, and that it is desirable that such convict should be removed therefrom to the Lunatic Asylum, it shall be lawful for the Governor by Warrant under his hand directed to the Warden of the said Penitentiary to authorize him forthwith to send such convict to the Lunatic Asylum of Upper Canada, which such Warden shall accordingly do, and shall appoint some proper person to convey such convict to the said Asylum; and such convict shall be received into the said Asylum, and there safely kept, until he shall be remanded to the said Penitentiary, or his term of imprisonment therein shall have expired; and if at any time before the expiration of the said term, it shall be certified by the Physician of the said Asylum that such convict has recovered his reason, and is
in a fit state to be remanded to the said Penitentiary, it shall be lawful for the Governor by Warrant under his hand, directed to the Warden of the said Penitentiary, to authorize him forth with to send for such convict from the said Asylum, and to cause him or her to be re-conveyed to the said Penitentiary and kept therein, and the said Warden shall thereupon appoint a proper person to proceed to the said Asyluin and receive such convict, and convey him or her to the said Penitentiary, and such convict shall by the authorities of the said Asylum be delivered to the person so appointed and re-conveyed to the said Penitentiary; and the authorities of the said Asylum and the person appointed as aforesaid to convey any convict to the said Asylum, or to re-convey him or her to the said Penitentiary, shall have the same power and authority to detain such convict or to re-take him or her in case of an escape, and to command the assistance of any persons in re-taking him or her, or in preventing such escape, as the Warden or other Officers of the Penitentiary, or any person appointed by a Sheriff to convey any convict to the Penitentiary, after being sentenced to imprisonment therein, would have in the like case, and if the term of imprisonment of any convict shall expire while he is detained in the Lunatic Asylum, he may, nevertheless, be detained therein until discharged as sane, or delivered to his friends under a Warrant from the Governor to that effect.
XLVII. And be it enacted, That this Act shall come into operation on the first day of October next, and continue in force for three years, and from thence to the end of the next ensuing Session of Parliament, and no longer.
Operation and duration of this Act.
[2d August, 1851.] Preamble.
W H EREAS it is expedient to provide for the commutation of the Bonds required VV in certain cases under the Act hereinafter mentioned : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled,
An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government The master of any, of Canada, and it is hereby enacted by the authority of the same, That whenever any vessel may, instead of giving bond under vessel arriving in this Province from sea, shall have on board one or more passengers sec. 10 of 12 V. c. 6, in respect of whom the Master would otherwise, under the tenth section of the Act pay a sum of money to be fixed by the passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to repeal Emigrant Agent,
certain Acts therein mentioned, and to make further provision respecting Emigrants, be bound to enter into a Bond to Her Majesty in the manner therein provided, it shall be obtional with the Master of such vessel either to enter into such Bond, jointly and severally with sufficient sureties, according to the requirements of the said Act, or to pay to the Collector or Chief Officer of the Customs, who might otherwise require such Bond, such sum of money as the Emigrant Agent at Quebec (under any general instructions he may receive from the Governor) shall have fixed in that behalf, as being just and equitable and sufficient to indemnify the Province or any Municipality, Village or City, Town or County, or Charitable Institution within the same, against the
risk of expense for the care, support and maintenance of such passenger or passengers Application of sum so during the then next ensuing three years ; and the money so paid shall form part of
the Emigrant Fund.
of whom to consist.
[ 2d August, 1851. ]
parliculars: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That so much of the Act passed in the twelfth year of Her Inconsistent Majesty's Reign, and intituled, An Act to repeal certain Acts therein mentioned, and to enactments of 12 Vict.
. make better provision respecting the admission of Land Surveyors and the Survey of Lands in this Province, as may be inconsistent with this Act, shall be and is hereby repealed.
'II. And be it enacted, That for and notwithstanding any thing in the said Act, there Two Boards of shall be two Boards of Examiners for the examination of Candidates for admission to Examiners appointed ; practise as Land Surveyors, one to consist of the Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, and to meet at the City of Quebec for the examination of Candidates for admission to practise as Land Surveyors in Lower Canada, and the other to consist of the said Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, and to meet at the City of Toronto for the examination of Candidates for admission to practise as Land Surveyors in Upper Canada; and the present Board of Examiners shall be dissolved ; and any three of the Members of either of the said Boards shall form a quorum; and each of the said dissolved. Boards or a majority thereof shall appoint a Secretary ; and the said Boards shall meet Quorum. at the places hereinbefore mentioned respectively on the days appointed in and by the Secretary. said Act for the meeting of the Board therein mentioned; and each of the said Boards Meetings. and the Members and Secretary thereof shall, as regards the examination of Candidates Powers and duties. for admission to practise in that section of the Province in and for which such Board shall sit, and as regards Surveyors practising therein, have the same authority, powers and duties as are by the said Act vested in the Board therein mentioned and its Secretary, and shall be bound by the same rules in the exercise and performance thereof.
III. And be it enacted, That for and notwithstanding any thing in the said Act, every Notice to be given by person desiring to be examined before either of the said Boards shall give due notice applicants for thereof in writing to the Secretary of such Board at least one month previous to the admission, &c. meeting thereof, and shall then pay to the Secretary the fee of Five Shilings in the said Act mentioned; and each applicant obtaining a certificate shall pay to the Secretary the fee of Ten Shillings in the said Act mentioned.
IV. And be it enacted, That for and notwithstanding any thing in the said Act, the Fee for receiving sum payable by each applicant receiving a certificate shall be Five Pounds Currency, certificate. and not Two Pounds Ten Shillings Currency, as in the said Act mentioned; and the
Application, said sum shall be applied and divided in the manner and to the purposes to which the said sum of Two Pounds Ten Shillings is by the said Act directed to be applied and divided.
y. And be it enacted, That for and notwithstanding any thing in the said Act, the Cath of allegiance oath of allegiance and of office to be taken by persons admitted as Surveyors, shall, if where to be deposited. taken in Lower Canada, be deposited in the office of the Prothonotary of the Superior Court in the District of Quebec; and if taken in Upper Canada, in the Registry Office in the County of York.
VI. And be it enacted, That no instrument in writing under which any applicant Indentures or articles for admission to practise as a Surveyor shall claim to have served with some practising of applicants must be 231