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Trial without

sent of offen

cases.

tion of a jury, in addition to any other charge which he may by law have the power so to try, any charge against any person or persons for any offence committed within the North-West Territories, mentioned in the third section of the Act passed in the thirty-sixth year of Her Majesty's reign, chapter thirty-five, intituled "An Act respecting the Administration of Justice and for the establishment of a Police Force in the North-West Territories,"-Which section is hereby re-enacted and shall be and remain in force notwithstanding the coming into force of the Act hereby amended.

64. When the maximum punishment for a crime not a jury by as- triable in a summary way under the next preceding section, der in certain or under any other provision of the criminal law. does not exceed seven years' imprisonment, the Stipendiary Magistrate if the accused assents thereto-may try in a summary way and without the intervention of a jury, any charge against any person or persons for any such crime, but if the accused does not so consent then the trial shall be had as provided in the next following sub-section :

Trial by jury of six.

When the crime is capital.

Procedure in
such cases.

Notes by
Magistrate.

Defence by
Counsel.

Death sentence to be reported.

Stay of execution.

"2. When the maximum punishment for a crime other than punishment by death exceeds seven years' imprisonment, the Stipendiary Magistrate and a Justice of the Peace, with the intervention of a jury of six, may try any charge against any person or persons for any such crime:

"3. When the punishment for a crime is death, one Stipendiary Magistrate and two Justices of the Peace, with the intervention of a jury of six, may try any charge against any person or persons for any such crime:

6.

4. The procedure upon trials under sub-sections two and three of this section shall be as far as possible similar to the procedure upon summary trials; but the Stipendiary Magistrate shall, upon every such trial, take, or cause to be taken, in writing, full notes of the evidence and other proceedings thereat; and all persons tried under the said sub-sections shall be admitted after the close of the case for the prosecution to make full answer and defence by counsel learned in the law:

"5. When any person is convicted of a capital offence and is sentenced to death, the Stipendiary Magistrate shall forward to the Minister of Justice full notes of the evidence with his report upon the case, and the execution shall be stayed until such report is received and the pleasure of the Governor thereon is communicated to the LieutenantGovernor :

"6. In default of any ordinance in that behalf, made under Summoning sub-section nine of this section, persons required as jurors ordinance is jurors until for a trial under the said sub-sections two and three, shall made. be summoned by a Stipendiary Magistrate from among such male persons as he may think suitable in that behalf; and the jury required on such trials shall be called from among the persons so summoned as such jurors, and sworn by the Stipendiary Magistrate who presides at the trial:

"7. Any person arraigned for treason or felony may chal- Peremptory lenge peremptorily and without cause not more than six challenges by jurors:

prisoners.

"Every peremptory challenge beyond the number so Void beyond allowed shall be entirely void;

six.

The Crown may peremptorily challenge not more than By Crown. four jurors;

16

for cause.

Challenges for cause shall be the same as now pro- Challenges vided for under the Act, chapter twenty-nine, thirty-second and thirty-third Victoria, (1869) intituled "An Act respecting procedure in criminal cases and other matters relating to criminal law";

jurors is ex

"If, from challenges or otherwise, the jurors summoned Provision if for the trial are exhausted, the Stipendiary Magistrate shall the list of direct some constable or other person to summon by word of hausted. mouth from among the by-standers or from the neighbour- Tales. hood, such number of persons as may be necessary to make up a jury, the persons so summoned being subject to challenge as those summoned by the Magistrate in the first instance, and the like proceedings shall be repeated, if necessary, until a jury be formed, competent to try the case; and any person summoned, as hereby provided, to serve as a Fine on juror juror, and making default or refusing to serve as such with- summoned out lawful excuse to the satisfaction of the Magistrate, may ving. be fined by him in a sum not exceeding ten dollars, and committed to prison until such fine be paid:

and not ser

when impri

awarded.

8. If imprisonment in jail for not less than two years, or Provision in the penitentiary, be awarded in any case, the convict may sonment for be ordered to be imprisoned in the North-West Territories or two years or to be conveyed to the penitentiary in the Province of Mani- more is toba; in which latter case he shall undergo such punishment therein as if convicted in the Province of Manitoba, and shall be so conveyed by any constable or constables, and received and detained therein by the authorities of the penitentiary on the warrant of the Stipendiary Magistrate:

9. The Lieutenant-Governor in Council, or the Lieutenant- Lt.-Governor Governor, by and with the advice and consent of the in Council or Legislative

with Assembly, may make jury laws.

No Grand

Jury.

Returns to

Legislative Assembly, as the case may be, may, from time to time, make any ordinance in respect to the mode of calling juries, and when, and by whom, and how they may be summoned or taken, and in respect of all matters relating to the same; but no Grand Jury shall be called in the NorthWest Territories :

"10. Returns of all trials and proceedings, civil and crimiLt.-Governor. nal, shall be made to the Lieutenant-Governor in such form and at such times as he may direct."

Section 71 repealed.

New section.

Jurisdiction

in civil cases.

Without a jury.

way.

Judgment

8. Section seventy-one of the said Act is hereby repealed, and the following substituted for it :

"71. Every Stipendiary Magistrate shall have jurisdiction, power and authority to hear and determine any claim, dispute or demand as hereinafter mentioned, that is to say:

"1. Where the claim, dispute or demand is for a tort, wrong or grievance in which the amount claimed does not exceed five hundred dollars, or if for a debt or on a contract, in which the amount claimed does not exceed one thousand dollars, in a summary way, and without the intervention of a jury:

With a jury, "2. In all other claims, disputes or demands than those in a summary above-mentioned, or for the recovery of the possession of real estate, if neither party demands a jury, in a summary way and without the intervention of a jury; but if either party demands a jury, then with the intervention of a jury of six in number, summoned in the manner herein before provided as to criminal trials: and the Stipendiary Magistrate according to shall give such judgments and make such orders and decrees as shall appear to him just and agreeable to equity and good conscience; but the Stipendiary Magistrate shall not have cognizance of any action for a gambling debt, or for any intoxicating liquor or intoxicant, or of any action by any person on a note of hand or other document, the consideration or any part of the consideration for which was for a gambling debt or for any such intoxicating liquor or intoxi

equity and
good con-
science.
No suit al-
lowed for
gambling

debt or in-
toxicant.

Execution of judgment.

repealed.

cant:

"3. Execution of any such judgment shall be carried into effect in the manner prescribed by any ordinance of the Lieutenant-Governor in Council or the Lieutenant-Governor and Legislative Assembly, as the case may be, or if no such ordinance be then in force, then in like manner as a judgment to the same amount, in the Province of Manitoba."

Part of 8. 74 9. Sub-section nine of the seventy-fourth section of the said Act is hereby repealed, and the following substituted for it :

tuted.

"9. Intoxicating liquors imported or brought from any New proviplace out of Canada into the North-West Territories, by sion substispecial permission, in writing, of the Lieutenant-Governor of the said Territories, shall be subject to the several Customs and Excise laws of Canada.

"10. The Act passed in the thirty-ninth year of Her Maj- 39 V. c. 22, esty's reign, intituled 'An Act to amend the Acts therein repealed. mentioned as respects the importation or manufacture of intoxicants in the North-West Territories,' is hereby repealed."

10. Schedule B of the said Act is amended by striking out Schedule B of the article referring to the Act thirty-two and thirty-three amended. Victoria, chapter thirty, the words "committed in the NorthWest Territories and triable in Manitoba, or"--.

11. Either the English or the French language may be English or used by any person in the debates of the said Council, and French language in the proceedings before the Courts, and both those langua- may be used ges shall be used in the records and journals of the said in Council or Council, and the ordinances of the said Council shall be printed in both those languages.

Courts.

12. Stipendiary Magistrates appointed under the said Act Powers of or under this Act shall have the same power and authority Stipendiary Magistrates for trying offences in the District of Keewatin as, under the in Keewatin. said Act, they have in the North-West Territories, and the provisions herein made as to such trials and as to imprisonments under sentences shall apply to the District of Keewatin.

Judges and

2. The Chief Justice or any Judge of the Court of Powers of County Queen's Bench, of the Province of Manitoba, shall have the same power and authority for trying offences in the District Judges of of Keewatin as under said Act or this Act a Stipendiary Q. B., Manitoba, in Magistrate or two Stipendiary Magistrates or a Stipendiary N.W.T. Magistrate and two Justices of the Peace have in the NorthWest Territories, and the provisions herein made as to trials shall, so far as applicable, apply to trials before such Chief Justice or Judge in the District of Keewatin: Provided Proviso. always, that the Chief Justice or Judge shall not proceed to any such trial unless requested by the Governor in Council.

13. This Act shall be construed as forming one Act with Interpretathat amended by it.

tion.

14. This Act may be cited as "The North-West Territories Short titles. Act, 1877," and the Act hereby amended and this Act may be together cited as "The North-West Territories Acts, 1875 and 1877."

CHAP.

CHAP. 8.

Preamble.
Con. Stat.
Can. c. 24.

Lands in the
Schedule
vested in
H. M. for
Canada.

Subject to agreements, &c.

Proviso:

An Act respecting certain Ordnance and Admiralty
Lands in the Provinces of Ontario and Quebec.

[Assented to 28th April, 1877.]

HEREAS, under the provisions of Chapter twenty-four

Canada, and of the Statutes by that Act consolidated, certain lands mentioned in the first schedule to that Act were vested in Her Majesty's Principal Secretary of State for the War Department, and other lands mentioned in the second schedule to that Act were vested in Her Majesty for the purposes of the late Province of Canada, subject to the provisions of that Act; And whereas it was agreed between Her Majesty's Government and the Government of Canada, that the lands so vested in Her Majesty's Principal Secretary of State for the War Department, should be transferred to Canada, and, in pursuance of that agreement, the possession and control of such lands have been transferred to the Government of Canada; And whereas, in order to the execution of that agreement, it is necessary that the legal title to the said lands should be re-vested in Her Majesty for the purposes of Canada; And whereas the said lands are comprised in those described in the schedule to this Act,--and it is expedient to make provision for the management and disposition of all the lands mentioned in such schedule: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. All the lands comprised in the Schedule to this Act, by whatever mode of conveyance the same may have been acquired or taken, whether in fee, for life, for years, or otherwise, and all the appurtenances thereof, are and shall be and continue absolutely vested in Her Majesty for the purposes of Canada, and shall be subject to the provisions of the laws relating to public lands, so far as applicable to the same, and shall be held, used, alienated and dealt with accordingly; but subject, nevertheless, to any sales, agreements, leases or agreements to lease, heretofore lawfully entered into respecting the same.

2. Nothing in this Act shall affect any right of any party rights saved. claiming any of the said lands.

To be divided into two classes.

3. The said lands shall be divided by the Governor in Council into two classes, to be denominated respectively, Class one and Class two.

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