extend to the Province of British Columbia certain of the Criminal Laws now in force in other Provinces of the Dominion," extended, with others, to British Columbia, but no provision was made as to the court to which the appeal given by the said substituted section should lie, and it is expedient to remedy such omission: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: stituted by c. 31, amend 1. The said substituted sixty-fifth section mentioned in Section subthe preamble is hereby amended by inserting therein, 33 V., c. 27, immediately before the words "such right of" in the last for sec. 65 of line but one of the first paragraph of the said section, as 32 and 33 V., printed in the Statutes of the session in which it was passed, ed as respects the words "and in the Province of British Columbia, to the its applica"court of general or quarter sessions of the peace which shall Columbia. "be held nearest to the place where the conviction has taken place or the order has been made from which it is desired "to appeal." 66 tion to British CHAP. 24. An Act to provide for the appointment of Assistant [Assented to 12th April, 1876.] HEREAS, owing to the distance, it is essential to the Preamble. efficient and economical inspection of Penitentiaries in Manitoba and British Columbia to make provision for the appointment of Assistant Inspectors resident in those Provinces: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Manitoba and 1. It shall be lawful for the Governor in Council to ap- Assistant point some fit and proper person to be Assistant Inspector Inspectors for of any Penitentiary established in the Province of Manitoba, British and also to appoint some fit and proper person to be Assis- Columbia. tant Inspector of any Penitentiary established in the Province of British Columbia. Such Assistant Inspectors shall act as the representa- To represent tives of the Inspector, to whom they shall report, and they Inspector. and report to shall hold office during pleasure. To be officers of Department of Justice. Their powers 3. They shall be officers of the Department of Justice and shall each receive a salary not exceeding two hundred and fifty dollars per annum, and travelling expenses, to be determined by the Governor in Council. 4. They shall have, with reference to the Penitentiaries of to be assigned which they are respectively appointed Assistant Inspectors, by Governor in Council. such of the powers, and discharge such of the duties imposed by law on the Inspector of Penitentiaries as may be, from time to time, assigned to them respectively by the Governor in Council. Preamble. Witnesses summoned must attend. his default. CHAP. 36. An Act respecting the attendance of Witnesses on Criminal Trials. [Assented to 12th April, 1876.] WHEREAS it is expedient to make better provision for securing the attendance of witnesses on criminal trials: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Any witness duly subpoenaed to attend and give evidence at any criminal trial before any court of criminal jurisdiction, shall be bound to attend and remain in attendance throughout the trial. Judge may 2. Upon proof to the satisfaction of the judge, of the cause witness to be arrested service of the subpoena upon any witness who fails to attend to answer for or remain in attendance, and that the presence of such witness is material to the ends of justice, he may, by his warrant, cause such witness to be apprehended and forthwith brought before him to give evidence and to answer for his disregard of the subpoena, and such witness may be detained on such warrant before the judge or in the common gaol with a view to secure his presence as a witness, or, in the discretion of the judge, he may be released on a recognizance, with or without sureties, conditioned for his appearance to give evidence and to answer for his default in not attending or not remaining in attendance; and the judge may, in a snmmary manner, examine into and dispose of the charge against such witness, who, if found guilty thereof may, by order of the judge, be fined or imprisoned, or both,-the fine not exceeding one hundred dollars, and the imprisonment being in the common gaol, with or without hard labor, for a term not exceeding ninety days. Punishment of witness found guilty of such de ault. CHAP. CHAP. 37. An Act to amend the Criminal Law relating to Violence, [Assented to 12th April, 1876.] WHEREAS it is expedient to amend the Criminal Law Preamble. relating to Violence, Threats, and Molestation: There fore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Act of the thirty-eighth year of Her Majesty's 38 V., c. 39, reign, chapter thity-nine, intituled "An Act to amend the repealed. provisions of 'An Act to amend the Criminal Law relating to Violence, Threats and Molestation'" is hereby repealed. 2. The first section of the Act of the thirty-fifth year of Sec. 1. of 35 Her Majesty's reign, chapter thirty-one, intituled "An Act V., c. 31, to amend the Criminal Law relating to Violence, Threats and other repealed and Molestation" shall remain repealed, and the following pro- provisions visions shall be substituted instead thereof, and shall here- substituted. after be read as forming the first section of the said Act, which shall be construed accordingly: committing "1. Every person who wrongfully and without legal Persons authority, with a view to compel any other person to abstain wrongfully from doing anything which he has a legal right to do, or to certain acts, do anything from which he has a legal right to abstain,— "(1). Uses violence to such other person, or his wife or children, or injures his property; or— "(2). Intimidates such other person, or his wife or children, by threats of using violence to him, her or any of them, or of injuring his property; or 66 (3). Persistently follows such other person about from place to place; or "(4). Hides any tools, clothes or other property owned or used by such other person, or deprives him, or hinders him in the use thereof; or "(5). Follows such other person with one or more other persons in a disorderly manner in or through any street or road; or 61 "(6) viz: Liable to fine 66 (6.) Besets or watches the house or other place where such other person resides or works or carries on business or happens to be Shall be liable to a fine not exceeding one hundred or imprison- dollars, or to imprisonment for a term not exceeding three ment. Proviso: Interpretation. Persons sec. 2 of 35, V., c. 31. months: "Attending at or near or approaching to such house or other place as aforesaid, in order merely to obtain or communicate information, shall not be deemed a watching or besetting within the meaning of this section." 3. Where a person is brought before a functionary or charged with tribunal named in the second section of the said Act of the such offences may object to thirty-fifth year of Her Majesty's reign, chapter thirty-one, be tried under in respect to any offence under the provisions of the first section of the said Act as amended by the second section of this Act, the accused may on appearing before such functionary or tribunal declare that he objects to being tried for such offence by such functionary or tribunal; and thereupon such functionary or tribunal shall not proceed with such trial, but may deal with the case in all respects as if the accused were charged with an indictable offence and not with an offence punishable on summary conviction, and the accused may be prosecuted on indictment accordingly: and this section shall be read as part of the said Act. Proceedings in such case to be by indictment. Limitation of prosecution and punishment for conspiracy for purposes of trade combination. "Trade com bination " and "act," in this Act. 4. A prosecution shall not be maintainable against a person for conspiracy to do any act, or to cause any act to be done for the purposes of a trade combination, unless such act is an offence indictable by Statute, or is punishable under the provisions of the Act hereby amended; nor shall any person, who is convicted upon any such prosecution, be liable to any greater punishment than is provided by such Statute or by the said Act as hereby amended, for the act of which he may have been convicted as aforesaid. 2. For the purpose of this section, "trade combination" means any combination between masters or workmen or meaning of other persons, for regulating or altering the relations between any persons being masters or workmen, or the conduct of any master or workman, in or in respect of his business or employment, or contract of employment or service; and the word "act" includes a default, breach or omission. 40 VICTORIA. CHAP. 4. An Act to extend to the Province of Prince Edward [Assented to 28th April, 1877.} ER Majesty, by and with the advice and consent of the Preamble. follows: extended to 1. The Acts of the Parliament of Canada passed in Acts in the former Sessions of the said Parliament, and mentioned in Schedule the Schedule to this Act, are and each of them is hereby Prince Edextended to and shall have force and effect of law within ward Island. the Province of Prince Edward Island, save and except so far only as any provision of any such Act may be therein declared to be applicable to one or more only of the Provinces composing the Dominion at the time of the passing of such Act and mentioned therein. Prince Ed Provinces of 2. In case any of the said Acts, or any enactment or pro- Such Acts to vision therein, has force and effect in relation to one of the have effect in Provinces comprising the Dominion at the time of its pass- ward Island ing, in a sense peculiar to that Province and different from as in all the the sense in which it has force and effect in relation to all Canada as a the said Provinces as a whole, such Act, enactment or pro- whole. vision shall have force and effect within and in relation to the said Province of Prince Edward Island, in the last mentioned sense only. 3. Nothing in this Act shall be construed as a declara- As to effect of tion that any of the said Acts or any part thereof, had not, this Act. the passing of or has not or would not have, without the passing of this Act, force or effect in or in relation to the Province of Prince Edward Island. |