Provision if of Ontario vide for re moval under s. 10. 12. In case the Lieutenant-Governor shall not, within two Lt.-Governor months after the Secretary of State shall have communidoes not pro- cated, as provided by the ninth section, cause the person to be removed, under the tenth section, the Secretary of State may, on the recommendation of the Minister of Justice, direct him to be removed for safe keeping to the gaol in which he was last confined previous to his transfer to the penitentiary, or to any other gaol in the Province within which he was sentenced; and, after such removal, all the provisions of the tenth section shall apply to his Question of sanity how decided. Medical su of Rockwood duties of surgeon in case. 13. In case any question shall arise as to the sanity of any convict, the Minister of Justice may order an enquiry and report to be made by one or more medical men, in conjunction with the Surgeon, and may, upon such report, direct such action as may be necessary in order to the execution of this Act. 14. The sixth and subsequent sections of this Act perintendent shall, so far as applicable, apply to the case of any insane to discharge person who, having been a penitentiary convict, shall be confined in Rockwood Asylum after the expiration of his certain cases. term of imprisonment at any time between the date of the passing of this Act and the date of the transfer of Rockwood Asylum to Ontario; but, in such case, the Medical Superintendent of Rockwood Asylum shall discharge the duties by the said sections imposed on the Surgeon and Warden; and Rockwood Asylum shall be deemed a place of safe keeping in the Province of Ontario, within the meaning of this Act. Failure of direction from Lieut. 15. In case, at the time of the said transfer, any such person remains in Rockwood Asylum without the order Governor for of the Lieutenant-Governor of Ontario for that purpose, under this Act, such person shall be detained there for a period not exceeding two months, in order to arrangements being made for his safe keeping under this Act. removal of convict. Certain sec c. 44, re 16. From and after the first day of July next the sections tions of 38 V. of "The Penitentiary Act of 1875," from sixty-nine to eighty, both inclusive, and so much of the eighty-first section as relates to Rockwood Asylum, shall be repealed. pealed. Section 7 amended. Section 9 amended. 17. The seventh section of the said Act is hereby amended by striking out the word "monthly" and substituting therefor the words "after each visit of inspection." 18. The ninth section of the said Act is hereby amended by striking out the word "monthly," and by inserting after the words "Minister of Justice" the words following, "and to finally audit the same at each visit of inspection." 19. The tenth section of the said Act is hereby amended Section 10 by striking out the word "February" and substituting there- amended. for the word "October," and by inserting between the words "preceding" and "year," the word "fiscal." 20. The fifteenth section of the said Act is hereby amended Section 15 by striking out all the words after the words "Governor in amended. Council" in the seventh line, and substituting therefor the words following, "by any proclamation published as As to land "aforesaid, to declare that any tract of land established as a ceasing to be "penitentiary by the fourteenth section of this Act or by of a penitenany other law, or by proclamation under this section, tiary. 61 46 shall, from and after a certain day to be named in such proclamation, cease to be a penitentiary; and such tract of "Îand shall cease to be a penitentiary accordingly." used as part 21. The first sub-section of the thirty-fifth section of Part of s. 35 the said Act is hereby amended by inserting after the word amended. "meals" the words "or school." 22. This Act may be cited as "The Penitentiary Amend- Short title. ment Act, 1877." SCHEDULE Referred to in the Preamble of this Act. This agreement, made the seventh day of February, in the year of our Lord one thousand eight hundred and seventyseven, between the Honourable Alexander Mackenzie, as Minister of Public Works of Canada, and the Honourable Christopher Finlay Fraser, as the Commissioner of Public Works of the Province of Ontario: Whereas, by the Act of the Parliament of Canada, thirtyfourth Victoria, chapter twenty-six, after reciting that it may be found expedient to sell or lease Rockwood Asylum and its appurtenances to the Province of Ontario, and that it appears that the Commissioner of Public Works for that Province has been authorized to treat for the purchase or lease thereof, it is enacted as follows:-- "1. The Governor in Council may authorize and instruct the Minister of Public Works to treat with the Commissioner of Public Works for the Province of Ontario, for the sale or lease of Rockwood Asylum, and the land appurtenant thereto, and if the said Minister and Commissioner agree upon the terms of such sale or lease, and such terms are approved by the Governor in Council, the necessary measures may be adopted for giving effect to such agreement, subject to the approval of Parliament at its then next Session ;' And whereas the Commissioner of Public Works for Ontario has been authorized to treat for the said purchase; And whereas, by Order in Council of twenty-seventh November, one thousand eight hundred and seventy-six, the Minister of Public Works of Canada was authorized and instructed to treat with the Commissioner of Public Works for Ontario, for the sale of Rockwood Asylum and the land appertaining thereto; Now therefore the said Minister and Commissioner do agree for the purchase and sale thereof, upon the following terms, namely: 1. Ontario to pay Canada the sum of ninety-six thousand five hundred dollars for the freehold of the Asylum property including the buildings and lands connected therewith. 2. Ontario to take from Canada, at a valuation to be made by three or the majority of three arbitrators, one to be named by Canada, one to be named by Ontario, and the third to be chosen by the two so named, the chattels and effects upon the premises, save such of the cell furniture as may be reserved by Canada for the use of criminal lunatics to be removed to the Penitentiary. 3. The contracts for supplies existing at the time of the transfer to be assumed by Ontario. 4. The Staff to be taken over by Ontario. 5. The arrangement to take effect on the first of July next. 6. This agreement to be subject to the approval of the Parliament of Canada during its next Session, and of the Legislature of Ontario during its present Session. In witness whereof the said parties hereunto have set their hands and seals at the day and year first above written. Signed and sealed by the Minister of Public Works, in presence of A. J. SMITH. Signed and sealed by the Commissioner of Public Works for Ontario, in presence of WM. EDWARDS. CHAP. CHAP. 39. An Act to make provision for improvement in Prison Discipline. [Assented to 28th April, 1877.] WHEREAS it is expedient that prisoners under sentence Preamble. for crime should have a motive for good behaviour, diligence, industry, faithfulness and strictness in the observance of the prison rules; And whereas the Province of Ontario has established a Central Prison of a character intermediate between the common gaols and the Penitentiary, under such provisions as to render practicable the application of this Act to the said Province; And whereas like prisons may, from time to time, be established in other Provinces of Canada, and it is expedient to provide for the application of this Act to all the Provinces: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In case the Lieutenant-Governor of Ontario in Council on what conmakes rules for keeping a correct record of the daily con- ditions this duct of every prisoner in the Central Prison, noting his act may be put in force behaviour, industry, diligence and faithfulness and the in Ontario. strictness with which he observes the prison regulations, and for the execution of the provisions of this Act as to remission; and in case such rules are, by the Governor in Council, declared adequate, the Governor in Council may by proclamation published in the Canada Gazette declare this Act in force within Ontario, from and after a day to be named in such proclamation. tencing a 2. After this Act comes into force in Ontario and not- Power to withstanding anything in any other Act contained, it shall judge senbe lawful for any judge sentencing any prisoner in Ontario prisoner in to imprisonment in the Central Prison, to sentence such certain cases. prisoner for a term not more than one-sixth longer than the maximum term at present prescribed by law for the offence; and any such sentence may be carried out in the Central Sentence may Prison although it be for any term not exceeding two years be carried out and four months. in Central Prison. 3. Every prisoner sentenced to the Central Prison after Prisoner may this Act comes into force in Ontario shall be entitled to earn earn a remis sion of his a remission of a portion of the time for which he is sentenced, sentence. not exceeding five days for every month during which he shall have been exemplary in behaviour, industry and faithfulness and shall not have violated any of the prison rules; and if prevented from labour by sickness, not intentionally produced by himself, he shall be entitled to earn by good 121 conduct Forfeiture of remission in conduct a remission not exceeding two and one-half days for every such month. 4. Every prisoner to whom this Act applies who commits certain cases any breach of the laws or of the prison regulations shall, besides any other penalty to which he is subjected, be liable to forfeit the whole or any part of any remission which he may have earned under this Act. On what conditions this Act may be extended to other Provinces. 5. In case in any other Province a prison be at any time established of such a character as to render practicable the application of this Act to such Province; and in case the Lieutenant-Governor in Council makes rules for the purposes described in the first section of this Act, and in case such prison and the rules so made are by the Governor in Council declared adequate, the Governor in Council may, by proclamation published in the Canada Gazette, reciting the premises, and describing the prison, declare this Act in force within such Province from and after a day to be named in such proclamation; and the several provisions of this Act shall, from and after such day, apply to the said Province, and to judges sentencing prisoners, and to prisoners sentenced to imprisonment in such prison as fully and effectually as after the proclamation in that behalf it will apply to Ontario, and to judges sentencing prisoners, and to prisoners sentenced to imprisonment in the Central Prison in that Province. Preamble. 31 V. c. 40 36 V. c. 46. CHAP. 40. An Act to make further provision for the payment of the Active Militia when called out in certain cases in aid of the Civil Power. WE [Assented to 28th April, 1877.] HEREAS by the Act thirty-first Victoria, chapter forty. intituled "An Act respecting the Militia and Defence of the Dominion of Canada," as amended by the Act thirtysixth Victoria, chapter forty-six, intituled "An Act to amend An Act respecting the Militia and Defence of the Dominion of Canada," it is provided that the Active Militia or any corps thereof, may be called out for active service in aid of the civil power in any case in which a riot, disturbance of the peace, or other emergency requiring such service, and beyond the power of the civil authorities to deal with. occurs or is anticipated; and that officers and men so called out shall receive from the municipality in which their services are required, pay and allowances; |