missioners. with the object of preventing undue delay, deems necessary Railway Com- OFFENCES AND PENALTIES. this Act. 13. Any person who violates any of the provisions of this Violation of Act shall for each offence be liable, on summary conviction, to a finc, not less than one dollar and not exceeding forty dollars, Penalty. together with the cost of prosecution. 6 E. VII., c. 27, s. 10. authorizing. 14. Every employer who authorizes or directs anything to Employer be done in violation of any provision of this Act, shall for each offence be liable, on summary conviction, to a fine not exceeding one hundred dollars and not less than twenty dollars, in addition to any other penalty prescribed by law for the same Penalty. offence. 6 E. VII., c. 27, s. 11. this Act. 15. Every corporation which authorizes, directs or permits Corporation directing or its employees to carry on any part of the business of such cor- permitting poration in violation of any of the provisions of this Act, shall violation of be liable, on summary conviction before two justices of the peace, for the first offence, to a penalty not exceeding two hundred and fifty dollars and not less than fifty dollars, and, for each subsequent offence, to a penalty not exceeding five hundred dollars and not less than one hundred dollars, in addition to any Penalty. other penalty prescribed by law for the same offence. VII., c. 27, s. 12. 6 E. PROCEDURE. Lord's Day 16. Nothing herein shall be construed to repeal or in any Provincial way affect any provisions of any Act or law relating in any Acts not way to the observance of the Lord's Day in force in any pro- affected. vince of Canada when this Act comes into force; and where any person violates any of the provisions of this Act, and such offence is also a violation of any other Act or law, the offender may be proceeded against either under the provisions of this Act or under the provisions of any other Act or law applicable to the offence charged. 6 E. VII., c. 27, s. 14. of action. 17. No action or prosecution for a violation of this Act shall Limitation be commenced without the leave of the Attorney General for the province in which the offence is alleged to have been committed, nor after the expiration of sixty days from the time of the commission of the alleged offence. 6 E. VII., c. 27, s. 15. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2921 CHAPTER 154. An Act respecting fugitive offenders in Canada from other parts of His Majesty's Dominions. SHORT TITLE. 1. This Act may be cited as the Fugitive Offenders Act. Short title. R.S., c. 143, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires,— Definitions. (a) 'magistrate' means any justice of the peace or any 'Magistrate.' person having authority to issue a warrant for the apprehension of persons accused of offences, and to commit such persons for trial; (b) 'deposition' includes every affidavit, affirmation, or 'Deposition.' statement made upon oath; (c) court' means, in the province of Ontario, the High Court of Justice, in the province of Nova Scotia, New Brunswick, Prince in the province of Manitoba, the Court of King's Bench, in the Northwest Territories, such court, or magistrate, or in the Yukon Territory, the Territorial Court, or a court, 'Court.' (d) fugitive' means a person accused of having committed 'Fugitive.' an offence to which this Act applies in any part of His Majesty's dominions, except Canada, and who has left that part. R.S., c. 143, ss. 2 and 4; 62-63 V., c. 11, s. 6. To what offences this APPLICATION. 3. This Act shall apply to treason and to piracy, and to Act applies. every offence, whether called felony, misdemeanour, crime or by any other name, which is, for the time being, punishable in the part of His Majesty's dominion in which it was committed, either on indictment or information, by imprisonment with hard labour for a term of twelve months or more, or by any greater punishment; and, for the purposes of this section, rigorous imprisonment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour. R.S., c. 143, s. 3. Application to acts not offences by Canadian law. Application to persons unlawfully conviction. 4. This Act shall apply to every such offence, notwithstanding that, by the law of Canada, it is not an offence or not an offence punishable in manner aforesaid; and all the provisions of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in Canada an offence to which this Act applies. R.S., c. 143, s. 3. 5. This Act shall apply, so far as is consistent with the tenor thereof, to every person convicted by a court in any part at large after of His Majesty's dominions of an offence committed either in His Majesty's dominions or elsewhere who is unlawfully at large before the expiration of his sentence, in like manner as it applies to a person accused of the like offence committed in the part of His Majesty's dominions in which such person was convicted. R.S., c. 143, s. 3. As to offences committed before the commence 6. This Act shall apply in respect to offences committed before the commencement of this Act, in like manner as if such offences were committed after such commencement. R.S., c. ment of this 143, s. 3. Act. Apprehension and return of fugitive offenders. Warrant. Proceedings in Canada on warrant issued elsewhere. PROCEDURE. 7. Any fugitive, if found in Canada, shall be liable to be apprehended and returned, in the manner provided by this Act, to the part of His Majesty's dominions from which he is a fugitive. 2. A fugitive may be so apprehended under an endorsed warrant or a provisional warrant. R.S., c. 143, s. 4. 8. Whenever a warrant has been issued in a part of His Majesty's dominions for the apprehension of a fugitive from that part who is or is suspected to be in or on the way to Canada, 2924 Canada, the Governor General or a judge of a court, if satisfied that the warrant was issued by some person having lawful authority to issue the same, may endorse such warrant in manner provided by this Act, and the warrant so endorsed shall be a sufficient authority to apprehend the fugitive in Canada and bring him before a magistrate. R.S., c. 143, s. 5. provisional 9. A magistrate in Canada may issue a provisional warrant Issue of for the apprehension of a fugitive who is or is suspected of warrant. being in or on his way to Canada, on such inforination and under such circumstances as would, in his opinion, justify the issue of a warrant, if the offence of which the fugitive is accused had been committed within his jurisdiction; and such warrant may be backed and executed accordingly. R.S., c. 143, s. 6. Governor 10. A magistrate issuing a provisional warrant shall forth- Report to with send a report of the issue, together with the information General. or a certified copy thereof, to the Governor General; and the Governor General may, if he thinks fit, discharge the person apprehended under such warrant. R.S., c. 143, s. 6. 11. A fugitive, when apprehended, shall be brought before Fugitive to be brought a magistrate, who, subject to the provisions of this Act, shall before a hear the case in the same manner and have the same jurisdic- magistrate. tion and powers, as nearly as may be, including the power to remand and admit to bail, as if the fugitive was charged with an offence committed within his jurisdiction. c. 143, s. 7. R.S., 12. If the endorsed warrant for the apprehension of the Committal of fugitive. fugitive is duly authenticated, and such evidence is produced as, subject to the provisions of this Act, according to the law ordinarily administered by the magistrate, raises a strong or probable presumption that the fugitive committed the offence mentioned in the warrant, and that the offence is one to which this Act applies, the magistrate shall commit the fugitive to prison to await his return, and shall forthwith send a certificate Report to of the committal and such report of the case, as he thinks fit, General. to the Governor General. R.S., c. 143, s. 7. Governor Magistrate 13. Whenever the magistrate commits the fugitive to prison, to inform he shall inform the fugitive that he will not be surrendered fugitive as to his rights. until after the expiration of fifteen days, and that he has a right to apply for a writ of habeas corpus or other like process. R.S., c. 143, s. 7. Remand of 14. A fugitive apprehended on a provisional warrant may, fugitive. from time to time, be remanded for such reasonable time, not exceeding seven days at any one time, as under the circum2925 stances |