3 An Act to amend the "Act respecting Procedure in Criminal Cases."

50 An Act to amend the "Act respecting Offences against the Person."

51 An Act further to amend the law respecting certain matters of procedure in Criminal Cases.

37th Victoria, 1874.

13 An Act to amend "An Act rospecting the Public Works of Canada."

14 An Act to provide for the construction of the Canadian Pacific Railway.

19 An Act to amend the "Dominion Lands Act."

38th Victoria, 1875.

Any Act of the present Session amending or substi-. tuted for any Act mentioned in this Schedule.

CHAP.

Preamble.

36 V., c. 35.

New section, substituted

for section 22,

CHAP. 50.

An Act further to amend "An Act respecting the Administration of Justice, and for the establishment of a Police Force in the North-West Territories."

[Assented to 8th April, 1875.]

N amendment of the Act cited in the title to this Act (thirty-sixth Victoria, chapter thirty-five) as the same is amended by an Act passed in the thirty-seventh year of Her Majesty's reign, chaptered twenty-two, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The section substituted by the last mentioned Act, in lieu of section twenty-two of the first mentioned Act, is of 36 V., c. 35. hereby repealed, and the following section is substituted in lieu thereof, and shall be read as if originally enacted as section twenty-two of the Act first above mentioned :—

Offences by members of the force.

"22. Any member of the force convicted of,

Disobeying the lawful command of, or striking his superior,- -or

Oppressive or tyrannical conduct towards his inferior,

-or

Intoxication, however slight,-or

Having intoxicating liquor in his possession, or concealed,

-or

Directly or indirectly receiving any gratuity without the Commissioner's sanction, or any bribe,or

Wearing any party emblem,-or

Otherwise manifesting political partizanship,-or

Overholding any complaint,-or

Mutinous or insubordinate conduct, -or

Unduly overholding any allowances or any other public money entrusted to him,- or

Misapplying any money or goods levied under any warrant or taken from any prisoner,- -or

Divulging

Divulging any matter or thing which it may be his duty to keep secret,-or

Making any anonymous complaint to the Government or the Commissioner,-or

Communicating without the Commissioner's authority, either directly or indirectly, to the public press, any matter or thing touching the force,—————or

Wilfully or through negligence or connivance allowing any prisoner to escape, or

Using any cruel, harsh or unnecessary violence towards any prisoner or other person,—————or

Leaving any post on which he has been placed as a sentry or on other duty,-or

Deserting or absenting himself from his duties or quarters without leave, or

Scandalous or infamous behaviour,-or

Disgraceful, profane or grossly immoral conduct, or

Violating any standing order, rule or regulation, or any order, rule or regulation hereafter to be made,-or

Any disorder or neglect to the prejudice of morality or discipline, though not specified in this Act, or in any lawful rules or regulations

Shall be held to have committed a breach of discipline, To be -and

breaches of discipline.

for the same.

The Commissioner, Assistant Commissioner or the In- Trial and spector commanding at any post, or a Stipendary Magistrate, punishment shall, forthwith, on a charge in writing of any one or more of the foregoing offences being preferred against any member of the force, other than a commissioned officer, cause the party so charged to be brought before him; and he shall then and there, in a summary way, investigate the said charge or charges on oath, and if proved to his satisfaction, shall thereof convict the offender, who shall suffer such punishment, either by fine not exceeding one month's pay, or imprisonment for a term not exceeding six months in any gaol at hard labor, or both, as the convicting officer or magistrate shall in his discretion order, in addition to and besides any punishment to which the offender may be liable under any law in force in the North-West Territories, or in any Province in which the offence may be committed, in respect of such offence."

2. Section 25 of the Act firstly above mentioned is hereby for section 25 repealed, and the following substituted therefor :

New section substituted

of the said

Act.

Refusing to

&c.

"25. If any person unlawfully disposes of, receives, buys 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.

Deserting or refusing to do duty.

for such offence.

"2. If any constable or sub-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 Punishment offence, any sum not exceeding one hundred dollars, or to be imprisoned and kept to hard labor for any period not 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.

Prosecution under 32-33 V., c. 31.

resisting

"3. Offenders under this section 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."

Constable or 3. Any constable or sub-constable refusing to obey an sub-constable order distinctly given by, or resisting the authority of a authority of superior officer of the force, may be forthwith and without altercation, placed under arrest and detained, to be dealt with under the provisions of this Act.

officer.

CHAP.

CHAP. 51.

An Act to extend to the Province of British Columbia "The Dominion Lands Acts."

[Assented to 8th April, 1875.]

HER ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows:

c. 19 extended

1. The Act passed in the Session held in the thirty- 35 Vic., c. 23 fifth year of Her Majesty's reign, and the Act passed in the and 37 Vic., Session held in the thirty-seventh year of Her Majesty's to British reign, and known as "The Dominion Lands Acts," end the Columbia. several provisions thereof, are hereby extended and shall apply to all lands to which the Government of Canada are now or shall at any time hereafter become entitled, or which are or shall be subject to the disposal of Parliament, in the Province of British Columbia, whether the title thereof be legally vested in Her Majesty the Queen for the Dominion of Canada, or howsoever otherwise.

CHAP. 52.

An Act to amend "An Act respecting the appropriation of certain Lands in Manitoba."

[Assented to 8th April, 1875.]

WHEREAS it is expedient to amend the third section of Preamble. the Act passed in the thirty-seventh year of Her Majesty's reign, and intituled: "An Act respecting the 37 V., c. 20. appropriation of certain Dominion Lands in Manitoba," and thereby to afford further facilities to parties claiming lands under the third and fourth sub-sections of the thirty-second section of the Act thirty-third Victoria, chapter three, to 33 V., c. 3. obtain Letters Patent for the same: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

substituted

1. The third section of the Act passed in the thirty-seventh New section of Her Majesty's reign, intituled: "An Act respecting for 37 V., year the appropriation of certain Dominion Lands in Manitoba," c. 20, s. 3. is hereby repealed, and the following shall be taken and substituted

191