CHAPTER 249. An Act for the Protection of Women in Certain HE Cases. ER MAJESTY, by and with the advice and consent of the as follows: fined in 1. No person shall at any time or place within the precincts Protection of of any institution to which The Prison and Asylum Inspec- persons contim Act applies, unlawfully and carnally know any female asylums. who is capable in law of giving her consent to such carnal Rev. Stat. knowledge while she is a patient or is confined in such institution. 50 V. c. 45, s. 1. c. 250. 2. Whosoever violates section 1 of this Act is guilty of an Penalty. offence, and shall be liable to be imprisoned in any gaol or place of confinement, other than the Penitentiary, for any term less than two years, with or without hard labour. 50 V. c. 45, s. 2. 3. The person charged shall be a competent witness in his Accused a own behalf. 50 V. c. 45, s. 3. competent witness. 4. Nothing in this Act contained nor any conviction obtained Civil remedy in pursuance thereof shall deprive any person of the right to not affected. maintain an action for damages against the person so charged. 50 V. c. 45, s. 4. CHAPTER 250. An Act to provide for the Inspection of Asylums, SHORT TITLE, s. 1. APPOINTMENT OF INSPECTORS, ss. 4-8. Senior Inspector, ss. 6, 7. As to asylums, ss. 13-15. Reference to Inspector in Stat- GAOLS, CONSTRUCTION ATION, SS. 22-25. AND ALTER INSPECTION OF COURT HOUSES, S. 26. Short title. Meaning of "County." Amendment of rules. Appointment of Inspectors. Lieutenant define duties H' ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Prison and Asylum Inspection Act." R. S. O. 1877, c. 224, s. 1. 2. In the construction of this Act the word "county" shall be held to mean county or union of counties. R. S. O. 1877, c. 224, s. 2. 3. The rules and regulations in force for the government of all public asylums, hospitals, common gaols, and reformatory and other prisons in this Province, other than the provincial penitentiary, may, from time to time, be amended, altered, changed, rescinded, or suspended, by order of the LieutenantGovernor in Council. R. S. O. 1877, c. 224. s. 3. 4. The Lieutenant-Governor may appoint two fit and proper persons to be each an inspector of the public asylums, hospitals, common gaols and reformatories in this Province, other than the provincial penitentiary. s. 4; 46 V. c. 30, s. 1. R. S. O. 1877, c. 224, 5. The Lieutenant-Governor may, from time to time, by Governor may Order in Council, designate what public and other institutions of Inspector. requiring inspection are to be inspected by each inspector, or by either inspector, or by both inspectors, and may otherwise define the duties of the inspectors, and each of them. 46 V. c. 30, s. 2. Inspector to 6. For the purposes of chapters 238 to 248 of these Re- Senior vised Statutes, the inspector for the time being whose be a corporacommission bears the earlier date, shall be a corporation sole, tion sole. by the name of "The Inspector of Prisons and Public Charities," and by that name he and his successors in office shall have perpetual succession, and may sue and be sued, and may plead and be impleaded in any of Her Majesty's Courts in this Province; and he may hereafter be referred to in any Statute or otherwise as the senior inspector of prisons and public charities. R. S. O. 1877, c. 224, s. 5; 46 V. c. 30, s. 3 (1) part. c. 245, 7-(1) Sections 47, 48, 49, 51, 52, 53, 54, 57, 58 and Rev. Stat. 59 of The Act respecting Lunatic Asylums, and the Custody ss. 47-49, 51-54, of Insane Persons, shall apply to the senior inspector. 46 57-59, to V. c. 30, s. 3 (1) part. (2) In case of the death, removal or resignation of such senior inspector, all the rights, powers, duties, obligations, moneys or estates under the said sections, or under anything done in pursuance thereof, which shall be vested in him, or shall belong to him, either by his name of office or in his corporate capacity, at the time of his death, removal or resignation, shall thereupon become vested in, and shall belong to, the surviving inspector, as the successor of the senior inspector; or if there is then no other inspector, the same shall immediately upon the first appointment of an inspector, vest in, and belong to, the inspector so appointed. (3) The Lieutenant-Governor in Council may by order direct that the rights, powers, duties, obligations, moneys or estates vested in or belonging to the senior inspector, shall become vested in and shall belong to the other inspector; and thereupon the rights, powers, duties, obligations, moneys or estates, vested in or belonging to the senior inspector as aforesaid, shall upon and by virtue of such order become vested in and belong to the other inspector as fully as if the senior inspector had died. 46 V. c. 30, s. 3 (2, 3). apply to the Senior Inspector. spector to ap 8. Except as in the next preceding two sections provided. Reference in where the inspector of prisons and public charities is referred to Statutes to Inin any Statute, by this or any other name, the reference shall ply to either be held to apply to either of such inspectors, or to that one of Inspector. them to whom, under an order of the Lieutenant-Governor in Council, the duty or power to which the reference relates belongs. 46 V. c. 30, s. 4. 9. The salaries of the inspectors shall be such amount Inspectors' as may be appropriated by the Legislature therefor. R. S. O. salaries. 1877, c. 224, s. 6; 41 V. c. 2, s. 39, Sched. B. 10. It shall be the duty of one of the inspectors to visit and Inspectors' inspect every gaol, house of correction, reformatory and prison duties. Regulations to be submitted to Lieut.Governor. Special regulations by or place kept or used for the confinement of persons, in any part of this Province, other than the provincial penitentiary, at least twice in each year, and he may examine any person holding any office or receiving any salary or emolument in such place of confinement, as aforesaid, and call for and inspect all books and papers relating to such place of confinement; and may enquire into all matters concerning the said place of confineinent; and each inspector shall make a separate and distinct report in writing to the Lieutenant-Governor of the state of every place of confinement visited by him. R. S. O. 1877, c. 224, s. 7. 11. Where the inspector considers it expedient to institute an enquiry into the management of any of the said institutions, or of any other institution subject to be inspected by him, or into any matter in connection therewith, or into the truth of any return made by the officers of any of the said institutions, and considers it expedient that any of the officers of such institution or any other person should be required to give evidence before him on oath, the inspector shall have the same power to summon such officers or other persons to attend as witnesses, to enforce their attendance, and to compel them to produce documents and to give evidence, as any Court has in civil cases. R. S. O. 1877, c. 224, s. 8. 12. (1) The inspectors shall have power from time to time, subject to the approval of the Lieutenant-Governor in Council, to alter, amend, cancel or rescind any existing rules or regulations for the government of the common gaols of this Province, and to frame and adopt other rules and regulations in that behalf, touching or extending to— (a) The maintenance of prisoners in regard to diet, clothing, bedding, and other necessaries; (b) Their employment; (c) Medical attendance; (d) Religious instruction; (e) The conduct of the prisoners, and the restraint and punishment to which they may be subjected; (f) Also to the treatment and custody of the prisoners generally, the whole internal economy and management of the gaol, and all such matters connected therewith as may be considered by them expedient, which rules and regulations shall be submitted to the Lieutenant-Governor for his approval and confirmation. (2) Nothing herein contained shall be held to prevent the County Coun- county councils in this Province from making such special regulations as the peculiar circumstances of their respective gaols and localities may, in their opinion, require, such special regu cils. |