2. Section 25 of the Act firstly above mentioned is hereby New section repealed, and the following substituted therefor : substituted act. &c. "25. If any person unlawfully disposes of, receives, buys Refusing to or sells, or has in his possession without lawful cause, or deliver arms, refuses to deliver up when thereunto lawfully required, any horse, vehicle, harness, arms, accoutrements, clothing, or other thing used for police purposes, such person shall thereby incur a penalty of double the value thereof, and be subject to a further fine not exceeding twenty-five dollars, and in default of payment forthwith, to imprisonment for any period not exceeding three months. do duty. offence. 2. If any constable or sub-constable during his engage- Deserting or ment in the said force, having deserted, absented himself refusing to from his duties without leave, or refused to do duty therein, be found in any part of Canada other than the North-West Territories, and on being served with a notice signed by any commissioned officer of the force, requiring him to return to his duty, or being orally so required by such officer, neglects or refuses to return to his duty; such offender shall, on conviction thereof, be liable to forfeit and pay for every such offence, any sum not exceeding one hundred dollars, or to Punishment be imprisoned and kept to hard labour for any period not for such exceeding twelve months, or both; and upon the trial of any offender under this section it shall not be necessary to produce or give in evidence the original engagement or agreement to serve in the force, signed by such offender, but such engagement may be proved by parol evidence, or by a certificate purporting to be signed by the Commissioner, Assistant Commissioner, or any Inspector of the force, giving the date and period of such engagement; and it shall not be necessary prima facie to prove the signature to such certificate, which shall be held to be genuine, unless it be expressly alleged by the offender not to be so. under 32-33 V., c "3. Offenders under this section may be prosecuted before Prosecution. the Commissioner, or a Stipendiary Magistrate, or any we31. Justice of the Peace, in any part of Canada; and the several provisions of the laws in force respecting the duties of Justices of the Peace, out of session, in relation to summary convictions and orders shall apply to such prosecutions." 3. Any constable or sub-constable refusing to obey an Constable or order distinctly given by, or resisting the authority of a sub-constable superior officer of the force, may be forthwith and without resisting altercation, placed under arrest and detained, to be dealt officer. with under the provisions of this Act. authority of 4 CHAP. CHAP. 54. Preamble. Act 32 and 33, Interpretation clause. An Act to extend to the Province of Manitoba the "Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors in the Provinces of Ontario and Quebec." [Assented to 8th April, 1875.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 The Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, intituled "An Act for the more speedy trial, in certain cases, of persons charged with felonies and misdemeanors in the Provinces of Ontario and Quebec," is hereby extended and shall apply to the Province of Manitoua. 2. As respects the Province of Manitoba, the expression "a Court of General Sessions of the Peace" in the said Act shall mean and include the Court of Queen's Bench of that Province, and the expression "the Judge" shall mean "the Chief Justice" or "a Puisné Judge" of the said Court of Queen's Bench, and the expression "County Attorney or Clerk of the Peace" shall mean the Prothonotary of the said Court of Queen's Bench. 39 VICTORIA. CHAP. 13. An Act to make provision for the Collection and [Assented to 12th April, 1876.] HEREAS it is expedient to make provision by law for Preamble. the collection and registration of the criminal statis tics of Canada: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: statistics to to the proper 1. The clerk, and where there is no clerk, the officer per- Schedules of forming like duties, and where there is no such officer, the criminal judge of every court administering criminal justice, and the be filled up warden of every penitentiary or reformatory, and the sheriff and transmitted yearly of every district, shall, before the end of October in each by certain year, fill up and transmit to the Minister of Agriculture, or functionaries in case this branch of the subject of statistics and the regis- Minister, in tration thereof be, by the Governor in Council, assigned to forms furany other Minister, then to such other Minister, such him. schedules for the year ending the thirtieth day of September preceding, relative, in the case of the clerk, officer or judge to the criminal business transacted in the court, and in the cases of the warden or sheriff to the prisoners committed to his penitentiary, reformatory or gaol, as he shall receive from time to time from the said Minister. nished by to the proper Every officer required by the "Act respecting the duties Returns under 32 and 33, of Justices of the Peace out of sessions, in relation to summary Vict., c. 31, convictions and orders" (being thirty-second and thirty-third s. 81, to be Victoria, chapter thirty-one to transmit to the Minister of transmitted Finance true copies of returns made by Justices of the Peace Minister under the said Act, shall, before the end of October in each yearly. year, transmit to the Minister of Agriculture, or such other Minister as aforesaid, true copies of all such returns for the year ending the thirtieth day of September preceding, instead of transmitting the same at the times required by the eightyfirst section of the said Act. Records to be kept for filling up schedules under section 1. Remunera tion of per- Proviso as to provincial gaols and 3. It shall be the duty of every person required under the first section hereof to transmit any schedules, to make from day to day and to keep entries and records of the particulars to be comprised in such schedules. 4. The Minister of Agriculture, or such other Minister as aforesaid, shall cause to be paid out of any moneys which may be provided by Parliament for that purpose, to any clerk, officer, warden of a reformatory or sheriff, filling up and transmitting the schedules required under the first section of this Act, the sum of one dollar, and the further sum of five cents for each case comprised in such schedules; and to any officer transmitting the returns required under the second section of this Act the sum of one dollar Provided that (1.) Whenever in any Province a system of collecting statistics relative to the prisoners committed to the provinreformatories. cial gaols or reformatories is established, the Governor in Council may arrange with the Government of such Province for the collection and transmission through such Government of any part of the information to be embraced in the schedules authorized under this Act; and that— Payment in such case. Penalty on persons neglecting to comply with the require Act. (2.) In case of such arrangements, the Minister of Agriculture, or such other Minister, as aforesaid, may cause to be paid out of any moneys which may be provided by Parlia ment for that purpose, to the Government of such Province instead of to the sheriffs or wardens, such sum as may be agreed on, not exceeding the amounts which would otherwise be payable for like services, to the sheriffs or wardens. 5. Any person neglecting or refusing to fill up and trans mit any schedule, or transmit any return required under the first or second section hereof, or wilfully making a false, partial or incorrect schedule or return under either of the said sections, shall forfeit and pay the sum of eighty dollars together with full costs of suit, to be recovered by any person suing for the same by action of debt or information, in any court of record in the Province in which such return ought to have been made or is made, or in the Exchequer Court of Application Canada,-one moiety whereof shall be paid to the party of penalty. suing, and the other moiety into the hands of Her Majesty's Receiver General, to and for the public uses of Canada. Duty of 6. The Secretary of State shall, before the end of October Secretary of in each year, cause to be filled up and transmitted to the State respecting exercise Minister of Agriculture, or such other Minister as aforesaid, of prerogative such schedules for the year ending the thirtieth day of Sep of mercy. tember preceding, relative to the cases in which the prerogative of mercy has been exercised, as he shall, from time to time, receive from the Minister of Agriculture, or such other Minister as aforesaid. 1876. Collection of Criminal Statistics, &c. Chaps. 13, 18. 55 7. All schedules transmitted under this Act shall be Forms to be according to forms from time to time approved by the Gov-approved by ernor in Council, and published in the Canada Gazette. Council and published. in 8. The statistics collected by the Minister of Agriculture, Statistics to or such other Minister as aforesaid, under this Act shall be be abstracted and printed abstracted and registered, and the results thereof shall be yearly. printed and published in an annual report. 9. The word "Judge" in the first section of this Act Interpretaincludes any Recorder, District, Stipendiary, or other Magis- tion. trate,or other functionary presiding over any court or tribunal administering criminal justice. CHAP. 18. An Act to amend and consolidate the laws respecting W Indians. [Assented to 12th April, 1876.] HEREAS it is expedient to amend and consolidate the Preamble. laws respecting Indians: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Act. 1. This Act shall be known and may be cited as "The Short title Indian Act, 1876;" and shall apply to all the Provinces, and and extent of to the North-West Territories, including the Territory of Keewatin. 2. The Minister of the Interior shall be Superintendent- SuperintenGeneral of Indian Affairs. and shall be governed in the dent General. supervision of the said affairs, and in the control and management of the reserves, lands, moneys, and property of Indians in Canada by the provisions of this Act. TERMS térms in this 3. The following terms contained in this Act shall be held Meanings asto have the meaning hereinafter assigned to them, unless such signed to meaning be repugnant to the subject or inconsistent with Act. the context: 1. The term "band" means any tribe, band or body of Band. Indians who own or are interested in a reserve or in Indian lands, in common, of which the legal title is vested in the Crown, or who share alike in the distribution of any annuities or |