Proviso: no person to be twice tried for the same offence. May be tried as principal offender. How the of such person shall be apprehended or be in custody, whether the principal felony shall have been committed on the sea or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, and whether within Her Majesty's dominions or without, or partly within Her Majesty's dominions and partly without; provided that no person who shall have been once duly tried, either as an accessory, before or after the fact, or for a substantive felony, under the provisions hereinbefore contained, shall be liable to be afterwards prosecuted for the same offence. AS TO ABETTORS IN MISDEMEANORS. 9. Whosoever shall aid, abet, counsel or procure the Commission of any Misdemeanor, whether the same be a Misdemeanor at Common Law, or by virtue of any Act, passed or to be passed, shall be liable to be tried, indicted and punished as a principal offender. AS TO SECOND CONVICTIONS. 10. If any person be convicted of felony not punishable fender may be with death, committed after a previous conviction for felony, punished in such person shall, on subsequent conviction, be imprisoned in cases not punishable with the Penitentiary for any term not less than two years, or be imprisoned in any other prison or place of confinement for any term less than two years. death. References in s. 70 of cap. sections of cap. CLERICAL ERROR CORRECTED. 11. The seventieth section of the said ninety-ninth chapter of the Consolidated Statutes of Canada, intituled: An Act res99 to certain pecting the procedure in Criminal cases, shall be construed and 91, corrected. have effect as if instead of the words eighteenth and fifteenth"-the words "twenty-second and nineteenth" had been inserted therein when the said Act was passed, and as if instead of the words "sixteenth and seventeenth"-the words "twentieth and twenty-first" had been inserted therein when the said Act was passed. Preamble. CAP. XX. An Act to amend the one hundred and first chapter of the Consolidated Statutes of Canada, respecting the appointment of Magistrates in remote parts of the Province. W1 [Assented to 30th June, 1864.] HEREAS it is expedient to amend the one hundred and first chapter of the Consolidated Statutes of Canada, intituled: An Act respecting the appointment of Magisirates for the more remote parts of this Province, so as to empower empower certain Naval Officers to act as Justices of the Peace in the Gulf and River St. Lawrence, or the shores thereof within the limits of certain districts of Lower Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Peace for cer 1. Whenever any vessel belonging to her Majesty's Navy is Certain offiin the Gulf or River St. Lawrence, every officer attached or cers of Her belonging to such vessel, and holding the Commission of Vice- Majesty's Navy to be Admiral, Post-Captain, Captain, Commander or Lieutenant, in ex-officio Her Majesty's Navy, shall be ex officio a Justice of the Peace Justices of the in and for the districts of Gaspé, Saguenay and Rimouski, tain Districts, while such vessel remains within the limits of that part of the while within Province of Canada called Lower Canada, and shall have all Lower Cathe powers and authority conferred on any Justice of the Peace named under the provisions of the Act above cited, and shall enjoy the exemptions made by the said Act as to residence and property qualification, nor shall it be necessary for them to take any oath of office. nada. persons to 2. Whenever it is impracticable for any such officer of Her Power to deMajesty's Navy acting as a Justice of the Peace, or for any Jus- liver persons tice of the Peace appointed under the Act first above cited, to committed to gaol to certain cause any person by him committed to the nearest Common Gaol, as authorized by the said Act, to be conveyed directly to convey them such Gaol, such officer or Justice of the Peace may deliver the to such gaol. person so committed, into the custody of the master or commander of any vessel proceeding to the chef-lieu of the district in which such nearest Gaol is situate, or to the City of Quebec; and every such master or commander of a vessel is hereby authorized to receive into his custody such person, and, on his arrival at such chef-lieu or at the City of Quebec, to deliver him to the custody of the Sheriff of the district in which the Gaol to which he was committed is situate, or of the district of Quebec, as the case may be; and such Sheriff shall, with all convenient dispatch, cause him to be conveyed to the Common Gaol to which he was committed; and the master or commander of Powers of such vessel as aforesaid, or any person appointed by the persons to whom prisonSheriff of the district of Quebec, to convey any such person as ers are so de. aforesaid to the Gaol to which he was committed, shall, until livered. such person has been delivered to the keeper of such Gaol, or to the Sheriff of the district in which it is situate, have in all territorial divisions or parts of this Province through which it may be necessary to convey such person, the same authority and power over and with regard to such person, and to command the assistance of any persons in preventing his escape, or in retaking him in case of an escape, as any Sheriff would have while lawfully conveying a prisoner from one part to another of his own district. 3. The offence for which any person is committed to the Where the nearest Common Gaol under the Act herein before cited or this offence shall Act, be held to have been committed. Recital. Saguenay ex- Act, shall always be held to have taken place in the district to the Common Gaol of which he is so committed. 4. And whereas the territory now forming the Counties of Chicoutimi and Saguenay is the same which, at the time of the passing of the Act hereinafter mentioned, composed the Justices of the second municipal division of the County of Saguenay: therePeace in the fore, for the removal of all doubt which might otherwise arise, County of Chicoutimi or it is declared and enacted that the Act passed in the session held in the thirteenth and fourteenth years of Her Majesty's reign, intituled: An Act to authorize the inhabitant householders, holding lands in the new settlements on the borders of the Saguenay, forming the second municipal division of that county, to establish a Municipal Council therein, and for other purposes, has applied, and shall apply, to the Counties of Chicoutimi and Saguenay, as now constituted, and that it has not been and shall not be necessary that any person, being a resident householder in either of the said counties, should possess the property qualification required of Justices of the Peace in other places, under the Act passed in the sixth year of the reign of Her Majesty, intituled: An Act for the qualification of Justices of the Peace, or under chapter one hundred of the Consolidated Statutes of Canada. Preamble. Appointment Oath of office. CAP. XX 1. An Act to regulate the Inspection of Raw Hides and [Assented to 30th June, 1864.] WHEREAS, it is BOARDS OF EXAMINERS. 1. On, or as soon as may be after the passing of this Act, the Council of the Board of Trade for each of the cities of Quebec, Montreal, Kingston, Toronto, Hamilton and London, and of any other city in and for which there may then be a Board of Trade, shall appoint three skilful persons resident in or in the immediate vicinity of the city for which they are appointed, to constitute the Board of Examiners of applicants for the office of Inspector or Assistant Inspector of raw hides and leather; and each Examiner shall, before acting as such, take the following oath of office before the President or Vice-President of the Board of Trade for the place for which he is appointed : "I, A. B., do swear that I will well and truly, in all things, "act as Examiner of applicants for the office of Inspector or Assistant "Assistant Inspector, and as Arbitrator under the Act respecting "the inspection of raw hides and leather, without partiality, "favor or affection, and to the best of my knowledge and "understanding: So help me God." Which oath shall remain in the office and custody of the where kept. Secretary of the Board of Trade. 2. Any two of such Examiners shall form a quorum of the Board and may do any act which the Board could legally do. Quorum. 3. The Board of Examiners, or a quorum thereof, shall Duties of Exexamine all applicants for the office of Inspector or Assistant aminers. Inspector of raw hides and leather, and shall give certificates of capacity to those only whom they consider perfectly qualified for the office of Inspector or Assistant Inspector of raw hides and leather, as the case may be, distinguishing for which of the said offices they consider the applicants so qualified. APPOINTMENT OF INSPECTORS AND ASSISTANTS. competent. 4. The Governor in Council may, at the request of any ten Appointment persons, trading in raw hides or in leather, or engaged in the of Inspector manufacture or in the working up of leather, appoint in each certified as such city as aforesaid, an inspector of raw hides and leather for such city, and the District in which such city is situate, provided the person so appointed have previously obtained a certificate of capacity from the Board of Examiners. 5. Each Inspector, before he acts as such, shall take and subscribe an oath before the president or vice president of the Board of Trade in the words following; “I, A. B., do solemnly swear, that I will faithfully, truly, His oath of "and impartially, to the best of my judgment, skill, and under- office. "standing, execute and perform the office and duty of Inspector "of raw hides and leather, and that I will not, directly or indirectly, by myself or by any other person or persons whomsoever, trade or deal in raw hides or leather, or be connected "in any such trade during the time I shall continue such "Inspector. So help me God." And the said oath shall remain in the office and custody of the Secretary of the Board of Trade. 6. Before any Inspector shall act as such, he shall furnish Security to be two good and sufficient sureties, each of whom shall be bound furnished by jointly and severally with such Inspector, for the due perform- Inspector. ance of the duties of his office, in the sum of five hundred dollars; and such sureties shall be subject to approval by the President of the Board of Trade, to whom the penalty of the bond shall be made payable; and the bond shall remain in the tants. office of the Board of Trade, and shall avail to all persons aggrieved by any breach of the conditions thereof. Inspector may 7. Each Inspector may appoint one assistant or as many appoint assis- assistants as the Council of the Board of Trade may from time to time direct, for the acts of which Assistants he shall be responsible; and all acts done by an Assistant Inspector shall be held to be the acts of the Inspector who appointed him. Pay and duties of assistants. Oaths, Bonds, &c., open to inspection. Removal of Penalty on How inspection shall be conducted. Where it shall take place. 8. The Assistant Inspectors shall be paid by the Inspector, and shall hold their office at his pleasure; and no such Inspector shall allow any person to act for him about the duties of his office, except his sworn Assistant or Assistants appointed as aforesaid. 9. Every oath of office taken and bond given under this Act shall be kept open to public inspection; and every person shall be entitled to have communication, or to have a copy of any such oath or bond, upon payment of twenty-five cents for such communication, and ten cents for every such copy. 10. The Governor in Council may remove any Inspector and appoint another, if it be satisfactorily shown to His Excellency that the duties of the office are not properly performed. 11. Every Inspector, or Assistant Inspector, who directly or indirectly trades or deals in raw hides or leather shall be forthwith removed from office. MODE OF INSPECTION. 12. Every Inspector or Assistant Inspector, may examine and inspect any raw hides or leather on application being made to him for that purpose by the proprietor or possessor. thereof, and ascertain the respective weights, qualities and condition thereof. 13. Such inspection shall be made either at the store or warehouse of such Inspector, which he is hereby required to keep in a convenient situation for that purpose in the city or town for which he is appointed Inspector, or, if he thinks fit, at As to charges the store or warehouse of the owner thereof; no charge for for storage, storage shall be made until twenty-four hours after such inspection; but all trouble and expense attendant upon the loading, unloading or moving such raw hides or leather shall be borne and paid by the party at whose request the same has been inspected. &c. 14. The Inspector or Assistant Inspector shall have power to make deductions from the weights of hides on account of dirt or of damage from cuts, and also additions thereto on account of loss by drying, as in his discretion he may see fit. |