TITLE VIII.

PROCEEDINGS AFTER CONVICTION.

PART LXI.

PUNISHMENTS GENERALLY.

931. Whenever a person doing a certain act is declared to Punishment be guilty of any offence, and to be liable to punishment there- after conviction only. for, it shall be understood that such person shall only be deemed guilty of such offence and liable to such punishment after being duly convicted of such act. R.S.C., c. 181, s. 1.

932. Whenever it is provided that the offender shall be Degrees in liable to different degrees or kinds of punishment, the punish- punishment. ment to be inflicted shall, subject to the limitations contained in the enactment, be in the discretion of the court or tribunal before which the conviction takes place. R.S.C., c. 181, s. 2.

under dif

933. Whenever any offender is punishable under two or Liability more Acts or two or more sections of the same Act, he may ferent probe tried and punished under any of such Acts or sections; visions. but no person shall be twice punished for the same offence. R.S.C., c. 181, s. 3.

cretion of

934. Whenever a fine may be awarded or a penalty im- Fine imposed posed for any offence, the amount of such fine or penalty shall, shall be in diswithin such limits, if any, as are prescribed in that behalf, court. be in the discretion of the court or person passing sentence or convicting, as the case may be. R.S.C., c. 181, s. 33.

PART LXII.

CAPITAL PUNISHMENT.

on conviction

935. Every one who is indicted as principal or accessory Punishment for any offence made capital by any statute, shall be liable to be the same to the same punishment, whether he is convicted by verdict by verdict or or on confession, and this as well in the case of accessories by confession. as of principals. R.SC., c. 181, s. 4.

936. In all cases where an offender is sentenced to death Form of senthe sentence or judgment to be pronounced against him shall tence of death. be, that he be hanged by the neck until he is dead. R.S.C.,

c. 181, s. 5.

Sentence of

death to be

reported to

State.

937. In the case of any prisoner sentenced to the punishment of death, the judge before whom such prisoner has Secretary of been convicted shall forthwith make a report of the case to the Secretary of State, for the information of the Governor General; and the day to be appointed for carrying the sentence into execution shall be such as, in the opinion of the judge, will allow sufficient time for the signification of the Governor's pleasure before such day, and if the judge thinks such prisoner ought to be recommended for the exercise of the royal mercy, or if, from the non-decision of any point of law reserved in the case, or from any other cause, it becomes necessary to delay the execution, he, or any other judge of the same court, or who might have held or sat in such court, may, from time to time, either in term or in vacation, reprieve such offender for such period or periods beyond the time fixed for the execution of the sentence as are necessary for the consideration of the case by the Crown. R.S.C., c. 181, s. 8.

Prisoner under sen

apart.

938. Every one who is sentenced to suffer death shall, tence of death after judgment, be confined in some safe place within the to be confined prison, apart from all other prisoners; and no person except the gaoler and his servants, the medical officer or surgeon of the prison and a chaplain or a minister of religion, shall have access to any such convict, without the permission, in writing, of the court or judge before whom such convict has been tried, or of the sheriff. R.S.C., c. 181, s. 9.

Place of execution.

Persons who

sent at

939. Judgment of death to be executed on any prisoner shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution. R.S.C., c. 181, s. 10.

940. The sheriff charged with the execution, and the shall be pre- gaoler and medical officer or surgeon of the prison, and such other officers of the prison and such persons as the sheriff requires, shall be present at the execution. R.S.C., c. 181,

execution.

Persons who may be present at execution.

Certificate of death.

s. 11.

941. Any justice of the peace for the district, county or place to which the prison belongs, and such relatives of the prisoner or other persons as it seems to the sheriff proper to admit within the prison for the purpose, and any minister of religion who desires to attend, may also be present at the execution. R.S.C., c. 181, s. 12.

942. As soon as may be after judgment of death has been executed on the offender, the medical officer or surgeon of the prison shall examine the body of the offender, and shall ascertain the fact of death, and shall sign a certificate thereof, in the form UUU in schedule one hereto, and deliver the same to the sheriff.

2. The sheriff and the gaoler of the prison, and such justices and other persons present, if any, as the sheriff requires or allows, shall also sign a declaration in the form VVV in the said schedule to the effect that judgment of death has been executed on the offender. R.S.C., c. 181, ss. 13 and 14.

act.

943. The duties imposed upon the sheriff, gaoler, medical When deofficer or surgeon by the two sections next preceding, may be paties may and, in his absence, shall be performed by his lawful deputy or assistant, or other officer or person ordinarily acting for him, or conjointly with him, or discharging the duties of any such officer. R.S.C., c. 181, s. 15.

held.

944. A coroner of a district, county or place to which the Inquest to be prison belongs, wherein judgment of death is executed on any offender, shall, within twenty-four hours after the execution, hold an inquest on the body of the offender; and the jury at the inquest shall inquire into and ascertain the identity of the body, and whether judgment of death was duly executed on the offender; and the inquisition shall be in duplicate, and one of the originals shall be delivered to

the sheriff.

2. No officer of the prison and no prisoner confined therein shall, in any case, be a juror on the inquest. R.S.C., c. 181, ss. 16 and 17.

945. The body of every offender executed shall be buried Place of within the walls of the prison within which judgment of burial. death is executed on him, unless the Lieutenant Governor in Council orders otherwise. R.S.C., c. 181, s. 18.

Secretary of

prison.

946. Every certificate and declaration, and a duplicate Certificate to of the inquest required by this Act, shall in every case be be sent to sent with all convenient speed by the sheriff to the Secretary State and of State, or to such other officer as is, from time to time, exhibited at appointed for the purpose by the Governor in Council; and printed copies of such several instruments shall as soon as possible, be exhibited and shall, for twenty-four hours at least, be kept exhibited on or near the principal entrance of the prison within which judgment of death is executed. R.S.C., c. 181, s. 20.

to invalidate

947. The omission to comply with any provision of the Omissions not preceding sections of this part shall not make the execution execution. of judgment of death illegal in any case in which such execution would otherwise have been legal. R.S.C., c. 181, s. 21.

948. Except in so far as is hereby otherwise provided, Other projudgment of death shall be carried into effect in the same executions not ceedings in manner as if the above provisions had not been passed. affected. R.S.C., c. 181, s. 22.

Rules and

to execution.

55-56 VICT. 949. The Governor in Council may, from time to time, regulations as make such rules and regulations to be observed on the execution of judgment of death in every prison, as he, from time to time, deems expedient for the purpose, as well of guarding against any abuse in such execution, as also of giving greater solemnity to the same, and of making known without the prison walls the fact that such execution is taking place. 2. All such rules and regulations shall be laid upon the tables of both Houses of Parliament within six weeks after the making thereof, or, if Parliament is not then sitting, within fourteen days after the next meeting thereof. R.S.C., c. 181, ss. 44 and 45.

Offences not capital, how punished.

Imprisonment in cases not specially provided for.

Punishment for offence

committed

conviction.

PART LXIII.

IMPRISONMENT.

950. Every one who is convicted of any offence not punishable with death shall be punished in the manner, if any, prescribed by the statute especially relating to such offence. R.S.C., c. 181, s. 23.

951. Every person convicted of any indictable offence for which no punishment is specially provided, shall be liable to imprisonment for seven years.

2. Every one who is summarily convicted of any offence for which no punishment is specially provided, shall be liable to a penalty not exceeding fifty dollars, or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both. R.S.C., c. 181, s. 24.

952. Every one who is convicted of an indictable offence, not punishable with death, committed after a previous conafter previous viction for an indictable offence, is liable to imprisonment for ten years, unless some other punishment is directed by any statute for the particular offence,-in which case the offender shall be liable to the punishment thereby awarded, and not to any other. R.S.C., c. 181, s. 25.

Imprisonment may be for shorter term than that prescribed.

Cumulative

punishments.

953. Every one who is liable to imprisonment for life, or for any term of years, or other term, may be sentenced to imprisonment for any shorter term: Provided, that no one shall be sentenced to any shorter term of imprisonment than the minimum term, if any, prescribed for the offence of which he is convicted. R.S.C., c. 181, s. 26.

954. When an offender is convicted of more offences than one, before the same court or person at the same sitting, or when any offender, under sentence or undergoing punishment for one offence, is convicted of any other offence, the

court or person passing sentence may, on the last conviction, direct that the sentences passed upon the offender for his several offences shall take effect one after another. R.S.C., c. 181, s. 27.

955. Every one who is sentenced to imprisonment for life, Imprisonment or for a term of years, not less than two, shall be sentenced to in penitentiary, &c. imprisonment in the penitentiary for the province in which the conviction takes place..

2. Every one who is sentenced to imprisonment for a term less than two years shall, if no other place is expressly mentioned, be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pronounced, or if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some lawful prison or place of confinement, other than a penitentiary, in which the sentence of imprisonment may be lawfully executed.

3. Provided that where any one is sentenced to imprisonment in a penitentiary, and at the same sittings or term of the court trying him is sentenced for one or more other offences to a term or terms of imprisonment less than two years each, he may be sentenced for such shorter terms to imprisonment in the same penitentiary, such sentences to take effect from the termination of his other sentence.

4. Provided further that any prisoner sentenced for any term by any military, naval or militia court-martial, or by any military or naval authority under any Mutiny Act, may be sentenced to imprisonment in a penitentiary; and if such prisoner is sentenced to a term less than two years, he may be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pronounced, or in such other prison or place of confinement as is provided by subsection two of this section with respect to persons sentenced thereunder.

5. Imprisonment in a penitentiary, in the Central Prison for the province of Ontario, in the Andrew Mercer Ontario Reformatory for females, and in any reformatory prison for females in the province of Quebec, shall be with hard labour, whether so directed in the sentence or not.

6. Imprisonment in a common gaol, or a public prison, other than those last mentioned, shall be with or without hard labour, in the discretion of the court or person passing sentence, if the offender is convicted on indictment, or under the provisions of Parts LIV. or LV., or before a judge of the Supreme Court of the North-west Territories, and in other cases may be with hard labour, if hard labour is part of the punishment for the offence of which such offender is convicted, and if such imprisonment is to be with hard labour, the sentence shall so direct.

7. The term of imprisonment, in pursuance of any sentence, shall, unless otherwise directed in the sentence, com