Punishment for unlaw fully buying or selling arms, &c., or refusing to deliver them up. Or for deserting or refusing to do duty. 18. If any person unlawfully disposes of, receives, buys or sells, or has in his possession without lawful cause, or 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. 19. If any constable, during his engagement in the said force, having deserted, absented himself 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 be imprisoned and kept to hard labour for any term not exceeding Evidence in 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 Superintendent or 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. such case. Prosecution to be under 32, 33V., c. 31. Arrest of constable resisting authority of officer. Governor in fix rates of 20. Offenders under the two next preceding sections may be prosecuted before the Commissioner, or a Stipendiary Magistrate,or any 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 Sessions, in relation to summary convictions and orders, shall apply to such prosecutions. 21. Any constable refusing to obey an order distinctly given by, or resisting the authority of a superior officer of the force, may be forthwith placed under arrest and detained in custody to be dealt with under the provisions of this Act. 22. It shall be lawful for the Governor in Council, from time to time, to fix the sums to be paid to the Commissioner and other members of the force,-regard being certain limits. had to the number of constables, from time to time, actually organized and enrolled, and the consequent responsibility attaching to their offices aforesaid respectively, and to the nature of the duty or service and amount of labour devolved upon upon them; but such sums shall not exceed the amounts. surgeons. 23. The Governor in Council may authorize arrangements Surgeons and to be made with any Surgeon or Veterinary Surgeon to veterinary perform the duties of Surgeon or Veterinary Surgeon respectively for the said force as to any portions or detachments thereof, and may pay reasonable and proper remuneration for any services so rendered. 21. The Governor in Council may also, from time to time, Purchase of regulate and prescribe the amounts to be paid for the pur- horses, arms, chase of horses, vehicles, harness, saddlery, clothing, arms and accoutrements, or articles necessary for the said force; and also the expenses of travelling, and of rations, or of boarding or billeting the force, and of forage for the horses. for quarter 25. The Governor in Council may make regulations for Regulations the quartering, billeting and cantoning of the force or any in the force portions or detachments thereof; and for the furnishing of &c. boats, carriages, vehicles of transport, horses and other conveyances for their transport and use, and for giving adequate compensation therefor; and may, by such regula- Fines for tions, impose fines not exceeding two hundred dollars for breach breach of any regulation aforesaid, or for refusing to billet any of the said force, or to furnish transport as herein mentioned. But no such regulations shall authorize the quar- Proviso. tering or billeting of any of the force in any nunnery or convent or upon any religious order of females. thereof. 26. All sums of money required to defray any expense Payment of authorized by this Act may be paid out of the Consolidated moneys. Revenue Fund of Canada. 27. A separate account shall be kept of all moneys ex- Accounts. pended under this Act, and a detailed statement thereof shall be laid before Parliament at each session thereof. 28 All regulations or Orders in Council made under this Regulations, Act shall be published in the Canada Gazette, and shall &c., to have thereupon force of law. Publication and proof. What department shall have the and control thereupon have the force of law from the date of their publication, or from such later date as may be therein appointed for their coming into force; and a copy of any such regulations purporting to be printed by the Queen's Printer shall be prima facie evidence thereof. 29. The Department of the Interior shall have the control and management of the Police Force, and of all matters conmanagement nected therewith; but the Governor in Council may, at any time, order that the same shall be transferred to any other Department of the Civil Service of Canada, and the same shall accordingly, by such order, be so transferred to and be under the control and management of such other Department. Arrangements with force. 30. The Governor in Council may, from time to time, any Province enter into arrangements with the Government of any Profor use of the vince of the Dominion for the use or employment of the said Police Force, or any portion thereof, in aiding the administration of justice in such Province, and in carrying into effect the laws of the Legislature thereof; and may, in any such arrangement, agree upon and determine the amount of money which shall be paid by the Province using the same in respect of such services of the said force. Superannuation Acts to force, 31 The Acts thirty-third Victoria,chapter four; thirty-sixth apply to the Victoria, chapter thirty-two; and thirty-eighth Victoria, chapter nine, providing for the superannuation of officers employed in the public service of the Dominion, shall apply to all commissioned officers of the North-West Mounted Police. of Keewatin. Force to be under LieutenantGovernor. Act to apply 32. This Act shall be in force in the District of Keewatin to the district and apply to it; and the Lieutenant-Governor of the said District shall (but subject to any order in that behalf from the Governor-General) have the local disposition of the said force in such numbers and to such extent as the GovernorGeneral may direct, and may exercise such power in aid of the administration of civil and criminal justice, and for the general peace, order and good government of the said district, and for and in aid of the performance of all duties assigned by the laws in force in the said district to any constables or officers therein. CHAP. CHAP. 37. An Act to amend "An Act respecting Police of Canada." [Assented to 15th May, 1879.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: repealed. 1. The first section of the Act passed in the thirty-first Sec. 1 of 31 year of Her Majesty's reign, A. D. eighteen hundred and V, c. 73 sixty-eight, chapter seventy-three, intituled "An Act respecting Police of Canada," is hereby repealed, and the following section substituted therefor: a Commis. "1. The Governor in Council may, from time to time, ap- Governor point by commission under the Great Seal one or more fit may appoint and proper persons to be and act as a Commissioner or Com- sioner of missioners of Police within the Dominion of Canada, or in Police. one or more of the Provinces, or Districts, or Territories of Canada, or within any one or more of the districts or counties in any Province, or District, or Territory, or within any temporary judicial district, or any provisional judicial district in Ontario." 2. The fourth section of the said Act is hereby repealed, Sec. 4 of 31 and the following section substituted therefor : V., c. 73 repealed. sioners of the laws of "4. Every Commissioner of Police appointed under this Powers, &c., Act shall, for the purpose of carrying out the criminal laws of Commisand other laws of the Dominion only, have and exercise with- Police in in the limits of his jurisdiction, all the powers and authority, carrying out rights and privileges, by law appertaining to Justices of the the Dominion. Peace generally, and shall, within the limits of his jurisdiction within any Province, have, and exercise for the purpose aforesaid, all the powers and authority, rights and privileges by law appertaining to Police Magistrates of cities in the same Province; and shall, within the limits of his jurisdiction in any of the Territories or Districts of Canada, have and exercise for the purpose aforesaid, all the powers and authority, rights and privileges by law appertaining to Stipendiary Magistrates in the same District or Territory, and shall be subject in all respects, except as otherwise provided by this Act, to the regulations of the law of the Province, District, or Territory in which he may be acting, respecting Police Magistrates and the office of Justice of the Peace; but it shall not be necessary for any No property Commissioner of Police appointed under this Act to possess qualification any property qualification, or to be actually resident within the Province, District or Territory, for which, or part of which, he may have been appointed." VOL 1-19 CHAP. required. Preamble. Dangerous lunatics may be sent to Penitentiary at Stony Mountain: CHAP. 38. An Act respecting the safe keeping of dangerous [Assented to 15th May, 1879.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Whenever under any ordinance now made, or hereafter to be made, by the Lieutenant-Governor and Council of the North-West Territories, any person is found and adjudged to be insane, and dangerous to be at large, and is committed to custody as a dangerous lunatic until the pleasure of the Lieutenant-Governor is known, or until such person is discharged by law, the Governor-General in Council may, upon being satisfied that such person is afflicted with permanent insanity, authorize the Lieutenant Governor to cause him to And detained be removed to the penitentiary, at Stony Mountain, in there. Although imprisoned for crime. Provision for case of escape. Manitoba; and the warden of such penitentiary shall receive such person and detain him therein until the pleasure of the Governor-General in Council is known, or until such person is discharged by law. 2. Such person may be so removed to the said penitentiary, notwithstanding that he may, at the time, be undergoing imprisonment for a criminal offence. 3. In case any insane person confined in the said penitenretaking in tiary, under this Act, escapes therefrom, it shall be lawful for any of the officers or servants of the said penitentiary, or for any other person or persons at the request of such officers or servants, or any of them, within forty-eight hours after such escape where no warrant has been issued, and within one month after such escape where a warrant in the form given in the schedule of this Act has been issued by the warden of the said penitentiary in that behalf, to retake such escaped person and to return him to the said Penitentiary; and he shall remain in custody therein under the authority by virtue of which he was detained prior to such Form of warrant. |