Removal of insane con victs to the asylum; how to be determined and effected. Case of recovery of of his sentence. 72. Should it at any time appear to the Surgeon of the Kingston Penitentiary, that any convict confined therein, is insane, and that it is desirable that such convict should be removed to Rockwood Asylum, he shall report the fact to the Warden of the penitentiary, who, upon receipt of such report, shall immediately desire the Medical Superintendent of Rockwood Asylum to meet the said Surgeon of the penitentiary, at the said penitentiary, at an early day by the Warden fixed for the purpose, and the Surgeon and the Medical Superintendent shall consult together, and determine as to the sanity or insanity of such convict, either at their first or at any subsequent consultation as they may see fit; and should they be jointly of opinion that such convict is of unsound mind and ought to be removed to Rockwood Asylum, they shall report the same in writing to the Warden of the Penitentiary, on which report the said Warden shall forthwith remove such convict to Rockwood Asylum, and shall report the whole proceedings taken in the case to the Inspector without delay; and such convict shall be received into Rockwood Asylum, and be there safely kept, until he is remanded back to the penitentiary, or until the expiration of his sentence, or until he is otherwise discharged, as hereinafter provided. 73. If at any time before the termination of the sentence of such convict, it be certified to the said Warden by the the expiration Medical Superintendent of Rockwood Asylum, that such convict has recovered his reason, and is in a fit state to be sent back to the penitentiary, the said Warden shall desire the Surgeon of the penitenriary to meet the said Medical Superintendent at Rockwood Asylum; and after examination of such convict by the said Surgeon and Medical Superintendent, if they are jointly of opinion that such convict has again become of sound mind, they shall make report of the same to the Warden, who thereupon shall convey such convict back to the penitentiary, therein to be detained until the expiration of his sentence. Expiration still in the asylum. 74. If the term of imprisonment of any convict expires thereof while while such convict is detained in Rockwood Asylum as insane, he may nevertheless continue to be detained therein, but the fact of and reason for his detention shall be notified in writing by the Medical Superintendent to the Secretary of State, and to the Warden. Convict be coming sane after expiration of his sentence. 75. Should the said convict at any time after the termition of his sentence become of sound mind, it shall be the duty of the Medical Superintendent, thereupon, to discharge him, and to report the fact to the Secretary of State; or if at any time after the termination of his sentence, and before his recovery, it seems fit to the Governor to order his being given up to any person or persons named in a warrant signed by the Secretary of State, the Medical Superintendent shall, upon receipt thereof, deliver the said convict to such person or persons; and the receipt of such person or persons for the body of such convict, shall be sufficient discharge to the said Medical Superintendent. the use of 76 It shall be lawful for the Governor, by Order in Coun- Governor cil, to direct that the Rockwood Asylum may be used as the may authorize asylum or place for the safe keeping and treatment of any asylum for insane perlunatic or class of lunatics (in addition to the insane consons other victs from the Kingston Penitentiary), to be named or speci- than convicts. ally designated in such Order in Council, and upon such terms and conditions as shall be therein set forth; and a certified copy of such Order in Council shall be communicated by the Secretary of State to the Medical Superintendent of the Asylum, and to the Minister of Justice. 77. It shall be lawful for the Governor in Council to Governor appoint the following officers of Rockwood Asylum, to wit: may appoint : The Medical Superintendent, the Assistant Medical Sup- Officers of erintendent (whenever there shall be a sufficient number of Rockwood Asylum. lunatic patients in the asylum to render, in the opinion of the Governor, the services of such an officer necessary), and Medical. an Accountant; and it shall be lawful for the Inspector to suspend from office any one of the officers named in this section for misconduct, incapacity or inefficiency, but he shall make immediate report of such suspension and the cause thereof to the Secretary of State, for the information of the Governor in Council; and such officer shall be and remain so suspended until the pleasure of the Governor shall be made known to the Minister of Justice. 78. It shall be lawful for the Inspector to appoint a Steward. Steward for the said asylum, who may, for cause, be suspended from office by the Medical Superintendent, by whom a report of the facts of the case shall be made to the Inspector for his consideration and decision. 79. It shall be lawful for the Medical Superintendent to Matron, &c/ appoint a Matron and such and so many other male and female officers, with the consent in writing of the Inspector, as the Inspector may consider necessary for the service of the institution, any of whom may be removed by the Medical Superintendent at pleasure, or by the Inspector for cause. '80. The salary of the Medical Superintendent shall be as Salary of set forth in the Schedule to this Act annexed, and he shall medical su perintendent. receive such allowance for fuel and light as to the Governor in Council may seem fit. Other salaries, &c. Proviso in certain events. A certain being constructed in to be a 81. It shall be lawful for the Governor in Council to fix such salaries and allowances to the officers of the Rockwood Asylum other than the Medical Superintendent, as the Governor may, from time to time, think reasonable,―regard being had to the number of insane persons confined in the asylum, and to the officer's length of service and in the event of the Dominion dispossessing itself of Rockwood Asylum it shall be lawful to provide suitable and sufficient accommodation for insane convicts within the walls of the Kingston Penitentiary. And whenever the building, to be constructed for a joint building now penitentiary for the Provinces of Nova Scotia, New Brunswick and Prince Edward Island shall be completed, and the N.S. and N.B. Governor in Council shall have declared by proclamation, Penitentiary. to be published in the Canada Gazette, that such building and any tract of land within either of the said Provinces shall, upon, from and after a day named in such proclamation be a penitentiary, the same shall be a penitentiary, and shall be so held within the meaning of any Act then in force relating to the penitentiaries. Short title. 82. This Act may be cited as "The Penitentiary Act of 1875." An Act to amend the Act for the more speedy trial, in certain cases, of persons charged with Felonies and Misdemeanors in the Provinces of Ontario and Quebec. [Assented to 8th April, 1875.] IN N amendment of the Act cited in the title to this Act, Preamble. passed in the Session held in the thirty-second and thirty-third years of Her Majesty's reign and chaptered thirty- 32,33 V., c. 35 five; Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: case under of Queen's 1. Any judge, junior judge or deputy judge trying any Judge trying person under the said Act, in the Province of Ontario, may the said Act in his discretion reserve any question of law arising on such in Ontario, trial, for the consideration of the Justices of one of Her may reserve questions of Majesty's Superior Courts of Common Law of the said Pro- law for Court vince, in the same manner and to the same extent as may Bench or be done by the Court of General Sessions of the Peace under Common chapter one hundred and twelve of the Consolidated Statutes for Upper Canada, and the said last named Act shall form and be taken and read as part of the said Act, in the title to this Act mentioned. Pleas Powers of 2. The powers conferred and imposed upon the judge, to Judge exerciseable be exercised and performed under the Act cited in the title though Court to this Act, with and after the consent of the person charged, be sitting. may be exercised and performed, notwithstanding that the court before which, but for such consent, the said person would be triable for the offence charged, or the grand jury thereof, may then be in session. As to several prisoners 3. If one of two or more prisoners charged with the same charged with offence, demands a trial by jury, and the other or others same offence. consent to be tried by the judge without a jury, the judge in his discretion, may remand the said prisoner to gaol to await trial, in all respects as if the Act cited in the title had not been passed. CHAP. 46. An Act to make further provisions respecting the [Assented to 8th April, 1875.] Preamble. 36 V., c. 69. Temporary convict in a N amendment of an Act passed in the thirty-sixth year of "An Act respecting the Central Prison for the Province of Ontario," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: IN amendment of an Act passed i 1. Any sheriff or other person having the custody of an detention of offender sentenced to imprisonment in the said Central Prison, common gaol may detain the offender in the common gaol of the county provided for. or district in which he is sentenced, or other place of confinement in which he may be, until a Central Prison bailiff or other person lawfully authorized in that behalf requires his delivery for the purpose of being conveyed to the Central Prison. Convict too ill to be able to perform 2. In case the gaol surgeon, or other medical practitioner acting in this behalf, shall certify that any offender labour may be sentenced as aforesaid is in such a weak state of health that so detained. he is unable to perform hard labour, such offender may be detained in the common gaol or other place of confinement in which he may be, until he is sufficiently recovered to be employed at hard labour. Time of any such detention to be reckoned as 3. The time for which any person sentenced to imprisonment in the Central Prison is held in custody, under the provisions of this Act, shall be reckoned in computing the time time served. served by such person in the said central prison. CHAP. |