Gaols and fock-ups.

Lieutenant Governor may supply absence of officers required to carry out Acts of Canada.

permission.

the nature and extent of which shall be determined by the Justice of the Peace or Stipendiary Magistrate or Judge by or before whom such person was convicted.

69. The Governor in Council may cause to be erected, in any part or parts of the North-West Territories, any building or buildings, or enclosure or enclosures, for the purpose of a gaol or lock-up, for the confinement of prisoners charged with the commission of any offence, or sentenced to any punishment therein; and confinement or imprisonment therein shall be held lawful and valid, whether under sentence of imprisonment in a penitentiary, gaol or other place of confinement.

70. Whenever in any Act of the Parliament of Canada in force in the North-West Territories, any officer is designated for carrying on any duty therein mentioned, and there shall be no such officer in the North-West Territories, the LieutenantGovernor and Council may order by what other person or officer, such duty shall be performed; and anything done by such person or officer, under such order, shall be valid and legal in the premises; or if it be in any such Act ordered that any document or thing shall be transmitted to any officer, court, territorial division or place, and there is then in the said North-West Territories no such officer, court or territorial division or place, then the Lieutenant-Governor and Council may order to what officer, court or place such transmission shall be made, or may dispense with the transmission thereof.

*

PROHIBITION OF INTOXICANTS.

Manufacture 74. Intoxicating liquors and other intoxicants are proof intoxicants prohibited, or hibited to be manufactured or made in the said North-West importation Territories, except by special permission of the Governor in without special Council, or to be imported or brought into the same from any Province of Canada, or elsewhere, or to be sold, exchanged, traded or bartered, except by special permission in writing of the Lieutenant-Governor of the said Territories and if any such intoxicating liquor or intoxicant is imported or manufactured or made in the said Territories, or brought into the same, or is sold, exchanged, traded or bartered, in contravention of this Act, it shall be absolutely 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 on complaint made before him, any Judge, Stipendiary Magistrate, or Justice of the Peace, may, on the evidence of one credible witness that this Act has been contravened in respect thereof, order the said intoxicating liquor or intoxicant so seized, to be forthwith destroyed; or

seizure and

ages, &c.,

making or

in case of the same not having been seized, then on com- Search for, plaint as aforesaid, such Judge, Stipendiary Magistrate, or forfeiture Justice of the Peace, may issue a search warrant, as in cases thereof, and of stills,packof stolen goods under the Acts in force respecting the duties of Justices of the Peace out of Sessions in relation to persons used for charged with indictable offences, and upon the same being importation. found, may cause them to be forthwith destroyed and the still, machinery, keg, barrel, case, box, package or receptacle whence or in which any intoxicating liquor or intoxicant has been manufactured, imported or made, 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 balance 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 said Territories; and on complaint before before any Judge, Stipendiary Magistrate or Justice of the Peace, he may on the evidence of any credible witness, that this Act has been contravened 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 possession any of them Penalty and were found may be condemned to pay a penalty not exceeding one one hundred dollars, nor less than fifty dollars and the costs of prosecution; and one-half of such penalty shall belong to the prosecutor, and the other half to Her Majesty.

costs.

manufac

1. Any person who manufactures, makes, imports, sells, Penalty for exchanges, trades or barters any intoxicating liquor or turing or intoxicant, except by special permission as aforesaid, or in importing. whose possession, or on whose premises such intoxicating liquor or intoxicant of any kind may be or may have been found, shall be liable to a penalty not exceeding two hundred dollars, nor less than fifty dollars,----one-half of which shall go to the informer.

same in pos

2. Any person who knowingly has in his possession any Penalty for article, chattel, commodity or thing purchased, acquired having the exchanged, traded or bartered, either wholly or in part, for session. any intoxicating liquor or intoxicant, shall forfeit and pay for each offence a penalty not exceeding two hundred dollars, nor less than fifty dollars,----one-half of which shall go to the informer.

accessories

3. Every article, chattel, commodity or thing, in the Forfeiture of purchase, acquisition, exchange, trade or barter of which, to offence. the consideration either wholly or in part may be any intoxicating liquor or intoxicant, shall be forfeited to Her Majesty,

Penalty for refusing to assist constable, &c.

Intoxicating liquor defined.

Recovery of penalties.

Second offence.

Want of form not to invalidate.

Majesty, and shall be seized as hereinbefore mentioned, in respect to any receptacle of any intoxicating liquor or intoxicant.

4. Every person who refuses or neglects to aid any constable, sub-constable, or other duly authorized person, in the execution of any act or duty required by this section, or who knowingly refuses to give information, or gives false information in respect to any matter arising therefrom, shall be subject to a penalty not exceeding two hundred dollars, nor less than fifty dollars,----one-half of which shall go to the informer.

5. The expression "intoxicating liquor" shall mean and include all spirits, strong waters, spirituous liquors, wines, fermented or compounded liquors, or intoxicating fluids; and the expression "intoxicant" shall include opium, or any preparation thereof, and any other intoxicating drug or substance, and tobacco or tea mixed, compounded or impregnated with opium, or with any other intoxicating drug, spirit or substance, and whether the same or any of them be liquid or solid.

6. Any penalty incurred under this section shall be recoverable, with costs of prosecution, by summary conviction on the evidence of one credible witness, before any Judge, Stipendiary Magistrate or Justice of the Peace having jurisdiction in the North-West Territories,--who shall, on payment of the same, pay the informer his share thereof; and in case of non-payment of the penalty and costs immediately after conviction, the convicting judge, magistrate or justice may, in his discretion, levy the same by distress and sale, or commit the person so convicted and making default in payment of the said penalty and costs, to any common gaol or house of correction or lock-up house within the North-West Territories for a period not exceeding six months, unless the said penalty and costs be sooner paid.

7. And upon conviction for a second offence, the offender shail be liable to a penalty, not less than two hundred and not exceeeing four hundred dollars, and in the discretion of the convicting judge, magistrate or justice, to imprisonment for a period not exceeding six months.

8. No seizure, prosecution, conviction or commitment under this Act shall be invalid on account of want of form so long as the same is according to the true intent and meaning of this Act.

*

CHAP.

CHAP. 50.

An Act further to amend "An Act respecting the Administ. ation 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 Preamble. (thirty-sixth Victoria, chapter thirty-five) as the same is 36. V., c. 35. 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:

in

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

"22. Any member of the force convicted of

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

or

-or

Oppressive or tyrannical conduct towards his inferior,

Intoxication, however slight, or

Having intoxicating liquor in his possession, or concealed,

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 war

rant or taken from any prisoner, or

4

Divulging

To be breaches of discipline.

Trial and

for the same.

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, and

The Commissioner, Assistant Commissioner, or the Inpunishment spector commanding at any post, or a Stipendiary Magistrate, 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 labour, 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."