TITLE XIII. MISCELLANEOUS. Issue of warrant on information before J. P. Evidence to be taken Committal if found insane CHAPTER 90. An Ordinance respecting Insane Persons. THE 1. When an information is laid before a justice of the peace that any person is or is suspected and believed to be insane such justice may issue his warrant in form A in the schedule hereto to apprehend such person and cause him to be brought before him or some other justice of the peace. C.O., c. 90, s. 1. 2. Upon the person charged as aforesaid being brought before such justice the said justice shall proceed to hear such evidence under oath as may be adduced with reference (a) To the alleged insanity of the person so brought before him, adjourning the inquiry from time to time as may be necessary for the purpose and remanding him meanwhile to gaol or other safe custody; (b) To his residence for at least the six months previous to the inquiry; (c) To his calling or profession; (d) To his means of support; (e) To the fact of his being married or unmarried; also 3. If after hearing the evidence adduced the justice of the peace is satisfied the person so brought before him is insane such justice shall commit him by warrant in form B in the schedule hereto to a goal [or other safe custody] there to remain until the pleasure of the Lieutenant Governor is known or until the said person is discharged by law and shall forthwith make a report of the case accompanied with the information and evidence taken, to the attorney general, who shall have power if he sees fit to order further inquiries to be made. C.O., c. 90, s. 3; 1899, c. 24, ss. 1 and 2. 4. In case it appears to such justice that such person is not otherwise insane the justice shall discharge him. C.O., c. 90, s. 4. discharged summon 5. The justice of the peace acting under the provisions of Power to this Ordinance shall have the like authority for compelling the witnesses attendance of witnesses as such justice would have under any law or statute in force respecting summary convictions and shall be entitled to the same fees. C.O., c. 90, s. 5. SCHEDULE. Canada: North-West Territories. FORM A. To all or any of the constables or Whereas information upon oath hath this day been laid These are therefore to command you to apprehend the said and bring him (or her) before me or some other justice of the peace in and for the said Territories in order that inquiry may be made respecting the sanity of the said and that he (or she) may be further dealt with according to law. Given under my hand and seal this day of in the said Territories. Whereas information was laid before me (or as the case may be) a justice of the peace in and for the said Territories, on the oath of insane; that A.B. (or as in the information) was And whereas inquiry has been made by me respecting the sanity of the said ; And whereas I have found and adjudged the said be insane; to These are therefore to command you the said constables or other peace officers or any of you to take the said and safely convey to the North-West Mounted Police (or to the keeper of the common gaol) at and to deliver to the police aforesaid (or to the said keeper) together with this precept; and I do hereby command the said police force (or the keeper of the said gaol) to receive the said into custody and safely keep until the pleasure of the Lieutenant Governor be known or until the said shall be discharged by law. Given under my hand and seal this day of in the North-West Territories. A. B., J.P. [L.S.] CHAPTER 91. An Ordinance to Prevent the Profanation of the THE Lord's Day. Lieutenant Governor by and with the advice and con- as follows: business and 1. No merchant, tradesman, artificer, mechanic, workman, Prohibition of labourer or other person whatsoever shall on the Lord's day labour on sell or publicly show forth or expose or offer for sale or purchase Sunday any goods, chattels or other personal property or any real estate whatsoever, or do or exercise any worldly labour, business or trade of his ordinary calling; travelling or conveying travellers or Her Majesty's mails, selling drugs and medicines and other works of necessity and works of charity only excepted. C.O., c. 91, s. 1. Exceptions amusements 2. No person on that day shall play at billiards or pool in Games and any public room or run races on horseback or in vehicles of any prohibited sort or discharge fire arms or engage in any game or games in any public place, or engage in hunting or in pursuit of game; except that any traveller, family or other person in a state of actual want may engage in hunting or kill game to satisfy his or their immediate wants. C.O., c. 91, s. 2. made on 3. All sales and purchases and all contracts and agreements Contracts for sale or purchase of any real or personal property whatsoever Sunday to made by any person or persons on the Lord's day shall be be void utterly null and void. C.O., c. 91, s. 3. 4. Any person violating any of the provisions of this Ordi- Penalty nance shall be guilty of an offence and upon summary conviction thereof be liable to a fine not exceeding $100 and costs of prosecution. C.O., c. 91, s. 4. Sale of tobacco to ininors under sixteen years of age prohibited Exception written request of parents, etc. Presumption of age Penalty for procuring tobacco by minor Limitation of CHAPTER 92. An Ordinance respecting the Use of Tobacco by Minors. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Any person who either directly or indirectly sells or gives or furnishes to a minor under sixteen years of age cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than $1 or more than $10 with or without costs of prosecution, or to imprisonment with or without hard labour for any term not exceeding ten days, or to both fine with or without costs and imprisonment to the said amount and for the said term in the discretion of the convicting magistrate; and in case of a fine or a fine and costs being awarded and of the same not being upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding ten days unless the fine and costs are sooner paid. C.O., c. 92, s. 1. 2. This Ordinance shall not apply to a sale to the minor under a written request or order of his parent, lawful guardian or employer. C.O., c. 92, s. 2. 3. A person who shall appear to the magistrate to be under sixteen years of age shall be presumed to be under that age unless it is shown by evidence that he is in fact over that age. C.O., c. 92, s. 3. 4. Any person except as provided in section 2 of this Ordinance to whom the sale of tobacco has been prohibited under section 1 of this Ordinance who either directly or indirectly in any way procures or permits the sale, disposal, gift or delivery to him by any person of any cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a fine not exceeding $2 and in default of payment to imprisonment for a period not exceeding one month. C.O., c. 92, s. 4. 5. The provisions of this Ordinance shall only apply to municipalities and villages. C.O., c. 92, s. 5. |