Proviso. in the Province of Ontario, together with all the tract and part of the parcel of land belonging thereto, as now known to be measur- penitentiary; ed and bounded, and all buildings on the said piece of land erected, or hereafter to be erected, shall be, and form part of the Kingston Penitentiary, but not subject to the control or authority of the Warden, and be called "Rockwood Asylum." ground ac 70. Every piece or parcel of land hereafter to be acquired And any by Her Majesty, for the uses and purposes of Rockwood Asy- further lum, upon proclamation by the Governor, published in man- quired for it. ner hereinabove set forth, defining the limits and boundaries thereof, shall also form part of the Kingston Penitentiary. inspector as 71. It shall be lawful for the Inspector to have, use and Duties and exercise all the privileges and powers granted to him by this powers of Act, and he shall perform all the duties made incumbent to asylum. upon him hereby, with respect to the government, management and maintenance of Rockwood Asylum, and of the lunatics confined therein, as are conferred or rendered obligatory upon him with respect to the penitentiaries, subject to such instructions as shall be, from time to time, by him received from the Minister of Justice. victs to the mined and 72. Should it at any time appear to the Surgeon of the Removal of Kingston Penitentiary, that any convict confined therein is insane coninsane, and that it is desirable that such convict should be asylum; how removed to Rockwood Asylum, he shall report the fact to the to be deterWarden of the penitentiary, who upon receipt of such re- effected. port, shall immediately desire the Medical Superintendent of Rockwood Asylum to meet the said Surgeon of the penitentiary, at the said penitentiary, at an early day by the Warden fixed for the purpose, and the Surgeon and the Medical Superintendent shall consult together, and determine as to the sanity or insanity of such convict, either at their first or at any subsequent consultation as they may see fit; and should they be jointly of opinion that such convict is of unsound mind and ought to be removed to Rockwood Asylum, they shall report the same in writing to the Warden of the Penitentiary, on which report the said Warden shall forthwith remove such convict to Rockwood Asylum, and shall report the whole proceedings taken in the case to the Inspector without delay: and such convict shall be received into Rockwood Asylum, and be there safely kept, until he is remanded back to the penitentiary, or until the expiration of his sentence, or until he is otherwise discharged, as hereinafter provided. convict before 73. If at any time before the termination of the sentence Case of reof such convict, it be certified to the said Warden by the covery of Medical Superintendent of Rockwood Asylum, that such the expiration convict has recovered his reason, and is in a fit state to be of his sensent back to the penitentiary, the said Warden shall desire the tence. Expiration still in the asylum. the Surgeon of the penitentiary to meet the said Medical Superintendent at Rockwood Asylum; and after examination of such convict by the said Surgeon and Medical Superintendent, if they are jointly of opinion that such convict has again become of sound mind, they shall make report of the same to the Warden, who thereupon shall convey such convict back to the penitentiary, therein to be detained until the expiration of his sentence. 74. If the term of imprisonment of any convict exthereof while pires while such convict is detained in Rockwood Asylum as insane, he may nevertheless continue to be detained therein, but the fact of and reason for his detention shall be notified in writing by the Medical Superintendent to the Secretary of State, and to the Warden. Convict be after expira tion of his sentence. 75. Should the said convict at any time after the termicoming sane nation of his sentence become of sound mind, it shall be the duty of the Medical Superintendent, thereupon, to discharge him and to report the fact to the Secretary of State; or if at any time after the termination of his sentence and before his recovery, it seems fit to the Governor to order his being given up to any person or persons named in a warrant signed by the Secretary of State, the Medical Superintendent shall, upon receipt thereof, deliver the said convict to such person or persons; and the receipt of such person or persons for the body of such convict, shall be sufficient discharge to the said Medical Superintendent. Governor the use of asylum for insane per sons other 76. It shall be lawful for the Governor, by Order in Counmay authorize cil, to direct that the Rockwood Asylum may be used as the asylum or place for the safe keeping and treatment of any lunatic or class of lunatics (in addition to the insane conthan convicts. Victs from the Kingston Penitentiary), to be named or specially designated in such Order in Council, and upon such terms and conditions as shall be therein set forth; and a certified copy of such Order in Council shall be communicated by the Secretary of State to the Medical Superintendent of the asylum and to the Minister of Justice. Governor 77. It shall be lawful for the Governor in Council to may appoint: appoint the following officers of Rockwood Asylum, to wit: Officers of Medical. The Medical Superintendent, the Assistant Medical Superintendent (whenever there shall be a sufficient number of lunatic patients in the asylum to render, in the opinion of the Governor, the services of such an officer necessary), and an Accountant; and it shall be lawful for the Inspector to suspend from office any one of the officers named in this section for misconduct, incapacity or inefficiency, but he shall make immediate report of such suspension and the cause thereof to the Secretary of State, for the information of the Governor in Council; and such officer shall be and remain so suspended until the pleasure of the Governor shall be made known to the Minister of Justice. 78. It shall be lawful for the Inspector to appoint a Steward Steward. for the said asylum, who may, for cause, be suspended from office by the Medical Superintendent, by whom a report of the facts of the case shall be made to the Inspector for his consideration and decision. 79. It shall be lawful for the Medical Superintendent to Matron, &c. appoint a Matron and such and so many other male and female officers, with the consent in writing of the Inspector, as the Inspector may consider necessary for the service of the institution, any of whom may be removed by the Medical Superintendent at pleasure, or by the Inspector for cause. 80. The salary of the Medical Superintendent shall be as Salary of set forth in the Schedule to this Act annexed, and he shall medical superintendent. receive such allowance for fuel and light as to the Governor in Council may seem fit. 81. It shall be lawful for the Governor in Council to fix Other such salaries and allowances to the officers of the Rockwood salaries, &c. Asylum other than the Medical Superintendent, as the Governor may, from time to time, think reasonable,―regard being had to the number of insane persons confined in the asylum, and to the officer's length of service and in the event of the Dominion dispossessing itself of Rockwood Proviso in Asylum it shall be lawful to provide suitable and sufficient certain accommodation for insane convicts within the walls of the Kingston Penitentiary. events. being con B. to be a And whenever the building to be constructed for a A certain joint penitentiary for the Provinces of Nova Scotia, New building now Brunswick and Prince Edward Island shall be completed, structed in and the Governor in Council shall have declared by pro- N. S. and N. clamation, to be published in the Canada Gazette, that such Penitentiary. building and any tract of land within either of the said Provinces shall, upon, from and after a day named in such proclamation be a penitentiary, the same shall be a penitentiary, and shall be so held within the meaning of any Act then in force relating to the penitentiaries. 82. This Act may be cited as "The Penitentiary Act of Short title. 1875." SCHEDULE. CHAP. 45. An Act to amend the Act for the more speedy trial, IN [Assented to 8th April, 1875.] amendment of the Act cited in the title to this Act, Preamble. passed in the Session held in the thirty-second and thirty third years of Her Majesty's reign and chaptered thirty-five; 32, 33 V., c. 35 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: law for Court 1. Any judge, junior judge or deputy judge trying any Judge trying person under the said Act, in the Province of Ontario, may case under in his discretion reserve any question of law arising on such the said Act in Ontario, trial, for the consideration of the Justices of one of Her may reserve Majesty's Superior Courts of Common Law of the said Pro- questions of vince, in the same manner and to the same extent as may of Queen's be done by the Court of General Sessions of the Peace under BenchorComchapter one hundred and twelve of the Consolidated Statutes for Upper Canada, and the said last named Act shall form and be taken and read as part of the said Act, in the title to this Act mentioned. mon Pleas. erciseable 2. The powers conferred and imposed upon the Judge, to Powers of be exercised and performed under the Act cited in the title Judge exto this Act, with and after the consent of the person charged, though Court may be exercised and performed, notwithstanding that the be sitting. court before which, but for such consent, the said person would be triable for the offence charged, or the grand jury thereof, may then be in session. 3. If one of two or more prisoners charged with the same As to several offence, demands a trial by jury, and the other or others prisoners charged with consent to be tried by the judge without a jury, the judge same offence. in his discretion, may remand the said prisoners to gaol to await trial, in all respects as if the Act cited in the title had not been passed. 17 CHAP. |