What may be a gaol Gaol discipline Conditions upon which prisoners are kept time for any bylaw of such municipality during the period of their sentence, the provisions of this section shall thereafter apply to such persons in like manner as to other offenders. 54-55 Vic., c. 22, s. 13. 80. The Governor in Council may, from time to time, direct that any building or buildings, or any part thereof, or any enclosure or enclosures, in any part or parts of the Territories, shall be a gaol or lock-up for the confinement of prisoners charged with the commission of any offence or sentenced to any punishment or confinement therein; and confinement therein shall thereupon be held lawful and valid whether such prisoners are being detained for trial or are under sentence of imprisonment in a penitentiary, gaol or other place of confinement; and the Governor in Council may at any time direct that any building or any part thereof, or any enclosure, shall cease to be a gaol or lock-up, and thereupon such building or part thereof, or such enclosure shall cease to be a gaol or lock-up. (2) The Governor in Council shall have power to make rules and regulations for the management, discipline and policy of such gaols or lock-ups and for fixing and prescribing the duties and conduct of the gaoler and every other officer or servant employed therein and for the diet, bedding, maintenance, employment, classification, instruction, discipline, correction, punishinent and reward of persons confined therein, and to annul, alter and amend the same from time to time; and all gaolers, officers, prisoners and other persons shall be bound to obey such rules and regulations. (3) The Governor in Council shall also have power from time to time to prescribe the terms and conditions upon which persons convicted or accused of any offence under any Ordinance of the North-West Territories or any municipal bylaw or regulation, or sentenced to confinement under any such Ordinance, bylaw or regulation, or arrested under any civil process, shall be received and kept in any gaol or lock-up created under the authority of this section; and he may from time to time specify what gaols and lock-ups shall be available for the confinement of such persons. 54-55 Vic., c. 22, s. 14. Limitation of 81. In all cases in the Territories when proceedings before proceedings justices of the peace are authorised to be summary and when no time is specially limited for making any complaint or laying any information in the Act or law relating to the particular case, the complaint shall be made and the information shall be laid within twelve months from the time when the matter of the complaint or information arose. Who shall be coroners CORONERS AND INQUESTS. 82. The Indian Commissioner for the Territories, the judges of the Supreme Court, the commissioner and assistant commissioner of the North-West Mounted Police and such other persons as the Lieutenant Governor from time to time appoints, shall be coroners in and for the Territories. 83. Except as hereinafter provided no inquest shall be held when inquests upon the body of any deceased person by any coroner unless may be held it has been made to appear to such coroner that there is reason to believe that the deceased died from violence or unfair means or by culpable or negligent conduct either of himself or of others, under such circumstances as require investigation and not through mere accident or mischance. prisoners 84. Upon the death of any prisoner the gaoler or officer in Deceased charge of the gaol wherein such prisoner dies shall immediately give notice to the nearest resident coroner and such coroner shall proceed forthwith to hold an inquest upon the body. 85. It shall not be necessary in any case that a coroner's Number of jury shall exceed six persons but in every case of an inquest jury six jurors must agree in order to render the verdict valid. coroners 86. Coroners shall have the same powers to summon wit- Powers of nesses and to punish them for disobeying a summons to appear or for refusing to be sworn or to give evidence as are enjoyed by justices of the peace. 87. The fees of coroners, jurors and witnesses attending Fees criminal trials and inquests may be fixed from time to time by the Governor in Council and paid in such manner as he directs. ADMINISTRATION OF CIVIL JUSTICE. jurisdiction 88. Every judge of the Supreme Court shall have jurisdic- Civil tion, power and authority to hold courts, whether established by of judge Ordinance of the Legislative Assembly or not, at such times and places as he thinks proper and at such courts as sole judge to hear all claims, disputes and demands whatsoever except as herein provided, which are brought before him and to determine any questions arising thereout, as well of fact as of law, in a summary manner; and such courts shall be open public courts. (2) Provided that in cases where the claim, dispute or demand Trial by jury arises out of a tort, wrong or grievance and in which the amount clained exceeds tive hundred dollars, or if for a debt or on a contract in which the amount claimed exceeds one thousand dollars, or for the recovery of the possession of real property, if either party demands a jury or in any such case in which the judge thinks fit so to direct, he may direct that all questions of fact therein shall be tried and determined by a sworn jury of six in number summoned in the manner hereinbefore provided as to criminal trials. in certain cases (3) Provided further that in cases of disputed accounts the Reference of judge may in place of a trial by jury direct the evidence to be accounts taken by the clerk of any court or by any other competent person; which clerk or other person shall be sworn to take the same truly and to reduce it to writing. (4) The julge may give judgment on the verdict of the jury Judgment or upon the evidence taken by the clerk or other person as gambling debts or intoxicants aforesaid or may order a new trial when justice seems to require the same; and in all cases a judge may give sach judgment and make such orders and decrees, interlocutory and final, as in such cases brought before him appear just and agreeable No action for to equity and good conscience; but no court or judge in the Territories shall have jurisdiction in respect of any action for a gambling debt or for the price of any intoxicating liquor or intoxicant or of any action by any person on any promissory note, bili of exchange, cheque, draft or other document or writing whatsoever, the consideration or any part of the consideration for which, was a gambling debt or any intoxicating liquor or intoxicant. 60-61 Vic., c. 28, s. 15. Judgment, how given Execution of judgment Governor in 89. Every judgment of the judge shall be pronounced in open court as soon as may be after the hearing of the case; except that in any case where the judge is not prepared to pronounce judgment at the close of the trial he may postpone judgment and deliver and enter the same subsequently and such judgment shall be as effectual as if rendered in court at the trial. 90. The proceedings to carry into effect any such judgment, order or decree, whether interlocutory or final, shall be as prescribed by any Ordinance of the Legislative Assembly; or if no such Ordinance is in force when any such judgment, order or decree is rendered, then in such manner as the judge who pronounced the same directs. 60-61 Vic., c. 28, s. 16. 91. The Governor in Council may from time to time by repeal sections proclamation declare that the three sections next preceding, or of them, or any portion or portions of the said sections or of any of them, shall be repealed from and after the date named in such proclamation. 57-58 Vic., c. 17, s. 10. 88 to 90 by proclamation Intoxicants not to be manufactured, permission any PROHIBITION OF INTOXICANTS. 92. No intoxicating liquor or intoxicant shall be manufactured, compounded or made in the Territories, except by etc., without special permission of the Governor in Council: nor shall any intoxicating liquor or intoxicant be imported or brought into the Territories from any Province of Canada, or elsewhere, or be sold, exchanged, traded or bartered, or had in possession therein, except by special permission, in writing, of the Lieutenant Governor. Customs and excise laws to apply Return of permissions (2) Intoxicating liquors or intoxicants imported or brought from any place out of Canada into the Territories, by special permission in writing of the Lieutenant Governor, shall be subject to the customs and excise laws of Canada. 93. The Lieutenant Governor shall make an annual return, up to the thirty-first day of December in each year, cf the number of such permissions so given by him, and the quantity and nature of the intoxicating liquors and intoxicants in each case, to the Minister of the Interior, who shall lay the same before Parliament. of intoxicant warrant may machinery 94. If any such intoxicating liquor or intoxicant is manu- Forfeiture factured or inade in the Territories, or is imported or brought into the Territories, or is sold, exchanged, traded or bartered in violation of the provisions of this Act, such liquor or intoxicant shall be forfeited, and may be seized by any officer of the customs or excise, or by any constable or other duly qualified person wheresoever found; and any judge of the Supreme Court or justice of the peace on complaint made before him may, on the evidence of one credible witness that the provisions of this Act have been violated in respect thereof, order such intoxicating liquor or intoxicant so seized to be forthwith destroyed; or if such liquor or intoxicant has not Search been seized such judge or justice of the peace on complaint as be granted eforesaid may issue a search warrant, as in cases of stolen goods, and upon the same being found may cause them to be forthwith destroyed; and the still, machinery, keg, barrel, case, box, Still, package or receptacle whence or in which any intoxicating and receptacle liquor or intoxicant has been manufactured, imported or made, may be seized sold, exchanged, traded or bartered, and as well that in which the original supply was contained as the vessel wherein any portion of such original supply was supplied as aforesaid, and the remainder of the contents thereof, if such still, machinery, barrel, keg, case, box, package, receptacle or vessel aforesaid, respectively, can be identified, may be seized by any officer of the customs or excise or by any constable or other duly qualified person wheresoever found within the Territories; and any And forfeited judge of the Supreme Court or justice of the peace may, on complaint before him and on the evidence of one credible witness that the provisions of this Act have been violated in respect thereof, declare such intoxicating liquor or intoxicant, still, machinery, vessel or receptacle forfeited and cause the same to be forthwith destroyed; and the person in whose pos- Penalty and session any of them are found shall incur a penalty not exceed - thereof ing $200 and not less than $50 with costs; and a moiety of such penalty shall belong to the person laying the information, and the other moiety thereof shall belong to Her Majesty for the public uses of Canada. 54-55 Vic., c. 22, s. 15. application conveying (2) Every vehicle on which any such intoxicating liquor or Vehicles intoxicant is imported or conveyed into or through or over any liquor may portion of the Territories contrary to the provisions of this be seized Act shall, together with the horses or other cattle employed in drawing any such vehicle as aforesaid, be forfeited to Her Majesty and may be seized and dealt with accordingly. 51 Vic., c. 19, s. 18. manufac intoxicating permission 95. Every person who without special permission as afore- Penalty for said issued to him, manufactures, niakes, compounds, imports, turing seils, exchanges, trades or barters any intoxicating liquor or liquors, etc.. intoxicant, or in whose possession or on whose premises any in- without toxicating liquor or intoxicant of any kind is, without such special permission issued to him, shall incur a penalty not exceeding $200 and not less than $50,-a moiety of which penalty shall belong to the person laying the information. 54-55 Vic., c. 22, s. 16. Penalty for having articles possession 96. Every person who knowingly has in his possession any exchanged for article, chattel, commodity or thing purchased, acquired, exintoxicants in changed, traded or bartered, either wholly or in part, for any intoxicating liquor or intoxicant shall for each offence incur a penalty not exceeding $200 and not less than $50,-a moiety of which penalty shall belong to the informer. Forfeiture of things accessory to offence Penalty for refusing to assist constable Recovery of penalties 97. Every article, chattel, commodity or thing in the purchase, acquisition, exchange, trade or barter of which the consideration either wholly or in part is any intoxicating liquor. or intoxicant, shall be forfeited to Her Majesty and shall be seized as hereinbefore provided in respect to any receptacle of any intoxicating liquor or intoxicant." 98. Every person who refuses or neglects to aid any constable, sub-constable or other duly authorised person in the execution of any act or duty required under any of the six sections next preceding, or who knowingly refuses to give information or gives false information in respect to any matter arising therefrom, shall incur a penalty not exceeding $200 and not less than $50,—a moiety of which penalty shall belong to the informer. 99. Every penalty incurred under any of the seven sections next preceding shall be recoverable with costs on summary conviction on the evidence of one credible witness before any judge of the Supreme Court or justice of the peace, who shall on payment of such penalty and costs pay the informer his share thereof; and in case of non-payment of the penalty and costs immediately after conviction the convicting judge or justice of the peace may in his discretion levy the same by distress and sale or may commit the person who is so convicted and makes default to any common goal or house of correction or lock-up house for a term not exceeding six months with or without hard labour, unless the said penalty and costs are sooner paid; and upon conviction for a subsequent offence the a subsequent offender shall be liable to a penalty not exceeding $400 and not less than $200, payable and recoverable as in this section provided and, in the discretion of the convicting judge or justice of the peace, to imprisonment with or without hard labour in any common gaol or house of correction or lock-up house for a further term not exceeding six months. Penalty for offence Conviction, etc., not invalid for want of form Interpretation "Improved arni. "Ammunition" 100. No seizure, prosecution, conviction or commitment under this Act shall be invalid for want of form, so long as the same is according to the true intent and meaning of this Act. SALE OF ARMS AND AMMUNITION. 101. In this section- (a) The expression "improved arm" means and includes all arms except smooth bore shot guns; (b) The expression "ammunition" means fixed ammunition or ball cartridge. |