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extended.

Who may

under 32-33 V., c. 30.

der the Acts Legislature of the said Province for the trial of treasons, felonies, or indictable or other offences respectively, shall have power to hear, try and determine treasons, felonies or indictable or other offences of the like classes respectively, under the Acts hereby extended to the said Province. Any bail offenders Judge of the Supreme Court or County Court shall have power to order the admission of an accused party to bail under sections fifty-three and sixty-one of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act respecting the duties of Justices of the Peace, out of sessions, in relation General pow- to persons charged with indictable offences ;" and generally ers of courts, any power vested by any of the Acts hereby extended in any court, magistrate or tribunal, may be exercised respectively by any court, magistrate or tribunal of like name or kind in the said Province.

&c.

Provision in

the absence

of a Penitentiary in

the Province.

5. In the absence of any penitentiary building in the said Province, any common gaol or other place of confinement therein, shall be held to be a penitentiary for the confinement and reformation of persons, male or female, lawfully convicted of crime before any court in the said Province, and sentenced to imprisonment for life or for a term of not less than two years, and such offender shall be imprisoned therein accordingly: Provided always, that whenever the building to be constructed for a joint penitentiary of the Provinces of Nova Scotia, New Brunswick and Prince Edward Island shall be completed, and the Governor in Council shall have declared by proclamation to be published in the Canada Gazette, that such building and any tract of land (within either of the said Provinces) thereunto attached, shall upon, from and after a day named in such proclamation, be a penitentiary, the same shall, from and after the said day, be the penitentiary for the said Province of Prince Edward Island (as well as for the other said Provinces) and offenders thereafter sentenced in the said Province to imprisonment for life or for a term of two years or more, shall be imprisoned and undergo their sentence therein, and the provisions of the Acts hereby extended, or any of them, respecting the conveyance of convicts from the place of conviction to the penitentiary and their delivery to and reception by the warden thereof, shall extend and apply to persons convicted in the said Province and liable to imprisonment in the said penitentiary; and convicts imprisoned before the said day in any common gaol or place of confinement in fore this Act the said Province under sentence of imprisonment, whether under any Act hereby extended to the said Province or under any Act before such extension in force therein, for life or for a term of more than two years, and of which not less than two years shall then be unexpired, may, under such provisions as aforesaid respecting their conveyance and such further orders as the Governor may make, be removed

As to convicts imprisoned be

comes into

force.

to

to the said penitentiary and undergo the remainder of their respective sentences therein, or of the term to which they may have been commuted.

extended.

6. Any appeal to the General or Quarter Sessions of the As to appeals Peace, from any conviction by or order of a Justice of the under Acts the Peace, given by the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act respecting the duties of Justices 32-33 V., c.31. of the Peace out of Sessions in relation to summary convictions and orders," or by the Act amending it, passed in the thirty-third year of Her Majesty's reign, and intituled:-"An Act to amend 33 V., c. 27. the Act respecting the duties of Justices of the Peace out of Sessions in relation to summary convictions and orders," shall, in the said Province, lie to the Supreme Court at the sitting thereof held next after the expiration of twelve days from the time when such conviction was had, or such order made; the proceedings prior to the appeal being governed by the Act hereby extended to the said Province and first mentioned in this section.

convictions,

7. Any return of the convictions before any Justice or Returns of Justices of the Peace, required by the seventy-sixth section to whom to beof the Act first-mentioned in the next preceding section, to made. be made to the Clerk of the Peace or other proper officer, shall be made to the Clerk of the Court of Assize for the county, at and up to the twelfth day next before the sitting of the said Court next after such convictions respectively, and shall be dealt with by the said Clerk of Assize in the manner provided by the eightieth and eighty-first sections of the said Act.

fines under

8. Fines collected under the "Act respecting the prompt and Approummary administration of Criminal Justice in certain cases "priation of and also under the "Act respecting the trial and punishment of Acts of 32-33 Juvenile Offenders" shall be paid over to the Provincial Secre- V., cc. 32 and tary and Treasurer.

33.

Provincial

those of Acts.

9. So much of every law in force in the Province of Repeal of enPrince Edward Island at the time of the coming into force actments in of this Act, as is inconsistent with or repugnant to any of Acts inconsisthe enactments or provisions of this Act, or of any Act tent with hereby extended to the said Province, or makes any provi- hereby exsion in any matter provided for by the said enactments or tended. provisions, is hereby repealed from and after the said time; but such repeal shall not affect the past operation of any Proviso. such law, or the validity of anything already done, or of any judgment or order pronounced or made, or any right, title, obligation or liability then accrued, or any penalty, forfeiture or punishment incurred under such law before such repeal.

10. This Act shall commence and take effect upon, from Commenceand after the first day of April, in the year of Our Lord, ment of Act. one thousand eight hundred and seventy-eight. SCHEDULE.

SCHEDULE.

Acts of the Parliament of Canada referred to in the first section of this Act.

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Acts passed in the First Session, 31 Victoria, 1867, 1868.

14 An Act to protect the inhabitants of Canada against lawless aggressions from subjects of foreign countries at peace with Her Majesty.

15 An Act to prevent the unlawful training of persons to the use of arms, and the practice of military evolutions, and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace.

69 An Act for the better security of the Crown and of the Government. As amended by 32 33 Victoria, chapter 17.

70 An Act respecting riots and riotous assemblies.

71 An Act respecting forgery, perjury and intimidation in connection with the Provincial Legislatures and their Acts.

72 An Act respecting Accessories to and Abettors of indictable offences.

73 An Act respecting Police of Canada.

74 An Act respecting persons in custody charged with high treason or felony.

94 An Act respecting the Treaty between Her Majesty and the United States of America, for the apprehension and surrender of certain offenders. As amended by 33 Victoria, chapter 25.

Acts passed in the Second Session, 32-33 Victoria, 1869.

117 An Act to remove doubts as to Legislation in Canada regarding offences not wholly committed within its limits.

18 An Act respecting offences relating to the Coin.

19 An Act respecting Forgery.

20 An Act respecting offences against the Person. As amended by 36 Victoria, chapter 50. 21 An Act respecting Larceny and other similar offences. As amended by 35 Victoria, chapters 33 and 35, and 38 Victoria, chapter 40.

22 An Act respecting Malicious Injuries to Property. As amended by 35 Victoria, chapter 34. 23 An Act respecting Perjury. As amended by 33 Victoria, chapter 26.

24 An Act for the better preservation of the Peace in the vicinity of Public Works. As amended by 33 Victoria, chapter 28, and 38 Victoria, chapter 38.

25 An Act respecting certain offences relative to Her Majesty's Army and Navy.

26 An Act for the better protection of Her Majesty's Military and Naval Stores.

27 An Act respecting Cruelty to Animals. As amended by 33 Victoria, chapter 29.

28 An Act respecting Vagrants. As amended by 37 Victoria, chapter 43.

29 An Act respecting Procedure in Criminal Cases, and other matters relating to Criminal Law. As amended by 36 Victoria, chapters 3 and 51, and 39 Victoria, chapter 36.

30 An Act respecting the duties of Justices of the Peace out of Sessions in relation to persons charged with indictable offences.

SCHEDULE

Chapter.

SCHEDULE-Continned.

TITLE.

31 An Act respecting the duties of Justices of the Peace out of Sessions in relation to. summary convictions and orders. As amended by 33 Victoria, chapter 27, and 36 Victoria, chapter 58.

32 An Act respecting the prompt and summary administration of criminal justice in certain cases. In applying this Act to Prince Edward Island, the expression "competent magis-trate" shall be construed as meaning any two Justices of the Peace sitting together, as well as any functionary or tribunal having the powers of two Justices of the Peace, and the jurisdiction shall be absolute without the consent of the parties charged.

23 An Act respecting the trial and punishment of juvenile offenders.

In applying this Act to. Prince Edward Island, the expression "any two or more Justices," shall be construed as including any magistrate having the powers of two Justices of the Peace. This Act shall not apply to any offence punishable by imprisonment for two years and upwards, and it shall not be necessary that the recognizance be transmitted to any Clerk of the Peace.

Acts passed in the Third Session, 33 Victoria, 1870.

25 An Act to amend the Act respecting the extradition of certain offenders to the United States of America.

26 An Act to amend the Act respecting Perjury.

27 An Act to amend the Act respecting the duties of Justices of the Peace out of Sessions in relation to Summary Convictions and Orders.

28 An Act to amend an Act for the better preservation of the Peace in the vicinity of Public1 Works.

29 An Act to amend an Act respecting Cruelty to Animals.

31 An Act for the better protection of the Clothing and Property of Seamen in Her Majesty's Navy.

Aets passed in the Fifth Session, 35 Victoria, 1872.

31 An Act to amend the Criminal Law relating to Violence, Threats and Molestation. amended by 38 Victoria, chapter 39, and 39 Victoria, chapter 37.

32 An Act to amend the law relating to the Fraudulent Marking of Merchandise.

33 An Act for the avoidance of doubts respecting Larceny of Stamps.

34 An Act to correct a clerical error in the Act respecting Malicious Injuries to Property.

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35 An Act to amend the law relating to Advertisements respecting Stolen Goods.

Acts passed in the Sixth Session, 36 Victoria, 1873.

3 An Act to amend the Act respecting Procedure in Criminal Cases.

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50 An Act to amend the Act respecting Offences against the Person.

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51 An Act further to amend the law respecting certain matters of Procedure in Criminal Cases. 58 An Act to amend the Acts for more effectually preventing the desertion of Seamen, and forother purposes. The Second Section only.

Acts passed in the Seventh Session, 37 Victoria, 1874.

27 An Act for the suppression of Voluntary and Extra-judicial Oaths.

38 An Act respecting the crime of Libel.

43 An Act to amend an Act respecting Vagrants.

SCHEDULE..

Chapter

SCHEDULE—Continued.

TITLE.

Acts passed in the Eighth Session, 38 Victoria, 1875.

38 An Act to amend the Acts for the better preservation of the Peace in the vicinity of Public Works.

39 An Act to amend the provisions of “An Act to amend the Criminal Law relating to Violence, Threats and Molestation."

40 An Act to amend the Act, intituled: "An Act respecting Larceny and other similar offences."

Acts passed in the Ninth Session, 39 Victoria, 1876.

36 An Act respecting the attendance of Witnesses on Criminal Trials.

37 An Act to amend the Criminal Law relating to Violence, Threats and Molestation. Acts passed in the present Session, 40 Victoria, 1877.

Any Act amending any of the Acts mentioned in this Schedule.

Preamble.

Act 31 V. c.

to British

Prince Edward Island.

CHAP. 5.

An Act to extend the Act respecting Trade Marks and
Industrial Designs to the Provinces of British
Columbia and Prince Edward Island.

[Assented to 28th April, 1877.]

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Upon, from and after the passing of this Act, the Act 55 extended passed in the thirty-first year of Her Majesty's reign, and Columbia and intituled "An Act respecting Trade Marks and Industrial Designs," shall extend and apply to the Provinces of British Columbia and Prince Edward Island respectively; and the exclusive right acquired or to be acquired, under the said Act, to the use of any Trade Mark, shall extend over the said Provinces, and the right so acquired or to be acquired to the exclusive use of any Industrial Design shall extend over the said Provinces during the remainder of the term for which it was so acquired with respect to the Provinces to which the said Act then extended; saving quired rights. always, in either case, the right of any person in either of the said Provinces to use any such Trade Mark, or to use during the remainder of such term, any Industrial Design, which mark or design he may have lawfully and continuously used in his trade or business, in such Province, during at least three months before the passing of this Act.

Saving ac

CHAP.

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