CHAPTER 150.

An Act to provide for the Conditional Liberation of

Convicts.

SHORT TITLE.

1. This Act may be cited as the Ticket of Leave Act. Short title. 63-64 V., c. 48, s. 2.

TICKET OF LEAVE.

license to convicts.

2. The Governor General by an order in writing under the Granting of hand and seal of the Secretary of State may grant to any convict, under sentence of imprisonment in a penitentiary, gaol or other public or reformatory prison, a license to be at large in Canada, or in such part thereof as in such license shall be mentioned, during such portion of his term of imprisonment, and upon such conditions in all respects as to the Governor General may seem fit.

2. The Governor General may from time to time revoke or Revocation alter such license by a like order in writing. 62-63 V., c. 49, or alteration s. 1; 63-64 V., c. 48, s. 1.

of same.

continue

suspended.

3. The conviction and sentence of any convict to whom a Sentence license is granted under this Act shall be deemed to continue deemed to in force while such license remains unforfeited and unre- although voked, although execution thereof is suspended; but, so long as execution is such license continues in force and unrevoked or unforfeited, such convict shall not be liable to be imprisoned by reason of his sentence, but shall be allowed to go and remain at large according to the terms of such license. 62-63 V., c. 49, ss. 2 and 10.

4. A license under this Act may be in the form A in the Form of schedule to this Act, or to the like effect, or may, if the license. Governor General thinks proper, be in any other form different from that given in the schedule which he may think it expedient to adopt, and contain other and different conditions.

2. A copy of any conditions annexed to any such license, Deposit of other than the conditions contained in form A shall be laid conditions before both Houses of Parliament within twenty-one days Parliament.

before

after the making thereof, if Parliament be then in session, or if not, then within fourteen days after the commencement of the next session of Parliament. 62-63 V., c. 49, s. 4.

Forfeiture of license.

Convicting justice to

forward certificate in

form B to

REVOCATION AND FORFEITURE.

5. If any holder of a license under this Act is convicted of any indictable offence his license shall be forthwith forfeited. 62-63 V., c. 49, s. 5.

6. When any holder of a license under this Act is convicted of an offence punishable on summary conviction under this or any other Act, the justice or justices convicting the prisoner Secretary of shall forthwith forward by post a certificate-in the form B in the schedule to this Act to the Secretary of State, and thereupon the license of the said holder may be revoked in manner aforesaid. 62-63 V., c. 49, s. 9.

State.

Action upon forfeiture.

Execution of warrant of

police commissioner.

Bringing of

vict before

justice of the peace.

7. If any such license is revoked or forfeited, it shall be lawful for the Governor General by warrant under the hand and seal of the Secretary of State to signify to the Commissioner of Dominion Police at Ottawa that such license has been revoked or forfeited, and to require the Commissioner to issue his warrant under his hand and seal for the apprehension of the convict, to whom such license was granted, and the Commissioner shall issue his warrant accordingly.

2. Such warrant shall and may be executed by the constable to whom the same is given for that purpose in any part of Canada, and shall have the same force and effect in all parts of Canada as if the same had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in the place where the same is executed.

3. Any holder of a license apprehended under such warrant, licensed con- shall be brought as soon as conveniently may be before a justice of the peace of the county in which the warrant is executed, and such justice shall thereupon make out his warrant under his hand and seal for the recommitment of such convict to the penitentiary, gaol or other public or reformatory prison from which he was released by virtue of the said license, and such convict shall be so recommitted accordingly, and shall thereupon be remitted to his original sentence, and shall undergo the residue of such sentence which remained unexpired at the time his license was granted: Provided that if the place where such convict is apprehended is not within the province, territory or district to which such penitentiary, gaol or other public or reformatory prison belongs, such convict shall be committed to the penitentiary, gaol, or other public or reformatory prison for the province, territory or district, within which he is so apprehended, and shall there undergo the residue of his sentence as aforesaid. 62-63 V., c. 49, s. 3. 2844

Proviso.

8.

whose license

prisonment

8. When any such license is forfeited by a conviction of an Convict indictable offence or other conviction, or is revoked in pursuance is forfeited of a summary conviction or otherwise, the person whose license to undergo is forfeited or revoked shall, after undergoing any other punish- term of imment to which he may be sentenced for any offence in conse- for the time quence of which his license is forfeited or revoked, further of sentence undergo a term of imprisonment equal to the portion of the term to which he was originally sentenced and which remained unexpired at the time his license was granted.

unexpired.

penitentiary.

2. If the original sentence in respect of which the license was Confinegranted was to a penitentiary, the convict shall for the purpose ment in a of serving the term equal to the residue of such original sentence be removed from the gaol or other place of confinement in which he is, if it be not a penitentiary, to a penitentiary by warrant under the hand and seal of any justice having jurisdiction at the place where he is confined.

3. If he is confined in a penitentiary, he shall undergo a Term of imterm of imprisonment in that penitentiary equal to the residue prisonment. of the original sentence.

4. In every case such convict shall be liable to be dealt with In all rein all respects as if such term of imprisonment had formed spects same part of his original sentence. 62-63 V., c. 49, s. 11.

as original.

REPORTING TO POLICE.

holder of

thorities as

9. Every holder of a license who is at large in Canada shall Notice by notify the place of his residence to the chief officer of police, license to or the sheriff of the city, town, county or district in which he police auresides, and shall, whenever he changes such residence within to place of the same city, town, county or district, notify such change to abode. the said chief officer of police or sheriff, and, whenever he is about to leave a city, town, county or district, he shall notify such his intention to the chief officer of police or sheriff of that city, town, county or district, stating the place to which he is going, also, if required, and so far as is practicable, his address at that place, and whenever he arrives in any city, town, county or district he shall forthwith notify his place of residence to the chief officer of police or the sheriff of such lastmentioned city, town, county or district.

of license to

thorities.

2. Every male holder of such a license shall, once in each Report of month, report himself at such time as may be prescribed by the male holder chief officer of police or sheriff of the city, town, county or police audistrict in which such holder may be, either to such chief officer or sheriff himself, or to such other person as he may direct, and such report may, according as such chief officer or sheriff directs, be required to be made personally or by letter.

ments.

3. The Governor General may, by order under the hand of Remittance the Secretary of State, remit any of the requirements of this of requiresection either generally or in the case of any particular holder of a license. 62-63 V., c. 49, s. 6. 2845

OFFENCES

Failing to comply with

last preced ing section.

Penalty on summary conviction.

Failing to produce license.

Or breaking conditions of license.

Penalty.

Arrest of licensed con

OFFENCES AND PENALTIES.

10. If any person to whom the last preceding section applies fails to comply with any of the requirements thereof, he shall in any such case be guilty of an offence against this Act, unless he proves to the satisfaction of the court before which he is tried, either that being on a journey he tarried no longer in the place in respect of which he is charged with failing to notify his place of residence than was reasonably necessary, or that, otherwise, he did his best to act in conformity with the law.

2. On summary conviction of any such offence the offender shall be liable, in the discretion of the justice, either to forfeit his license, or to imprisonment with or without hard labour for a term not exceeding one year. 62-63 V., c. 49, s. 6.

11. Any holder of a license who,

(a) fails to produce the same whenever required so to do by any judge, police or other magistrate, or justice of the peace, before whom he may be brought charged with any offence, or by any peace officer in whose custody he may be, and fails to make any reasonable excuse for not producing the same; or,

(b) breaks any of the other conditions of his license by an act which is not of itself punishable either upon indictment or upon summary conviction;

is guilty of an offence upon summary conviction of which he shall be liable to imprisonment for three months with or without hard labour. 62-63 V., c. 49, s. 7.

12. Any peace officer may take into custody without warrant vict with con any convict who is the holder of such a license,—

a warrant.

Forfeiture of license.

Conviction

of convict

brought be

(a) whom he reasonably suspects of having committed any offence; or,

(b) if it appears to such peace officer that such convict is getting his livelihood by dishonest means;

and may take him before a justice to be dealt with according to law.

2. If it appears from the facts proved before the justice that there are reasonable grounds for believing that the convict so brought before him is getting his livelihood by dishonest means such convict shall be deemed guilty of an offence against this Act, and his license shall be forfeited.

3. Any convict so brought before a justice of the peace may be convicted of getting his livelihood by dishonest means fore justice although he has been brought before the justice on some other charge, or not in the manner provided for in this section. 62-63 V., c. 49, s. 8.

of the peace.

Minister of Justice to advise.

ADMINISTRATION.

13. It shall be the duty of the Minister of Justice to advise the Governor General upon all matters connected with or 2846 affecting

penitentiary,

gaol or prison (as the case may be) for the term of and is now confined in the license to be at large from the day of his liberation under this order during the remaining portion of his term of imprisonment, unless the said shall before the expiration of

the said term be convicted of an indictable offence within Canada, or shall be summarily convicted of an offence involving forfeiture, in which case such license will be immediately forfeited by law, or unless it shall please His Excellency sooner to revoke or alter such license.

This license is given subject to the conditions endorsed upon the same upon the breach of any of which it will be liable to be revoked, whether such breach is followed by a conviction or

not.

And His Excellency hereby orders that the said

be set at liberty within thirty days from

1. The holder shall preserve his license and produce it when called upon to do so by a magistrate or a peace officer.

2. He shall abstain from any violation of the law.

3. He shall not habitually associate with notoriously bad. characters, such as reputed thieves and prostitutes.

4. He shall not lead an idle and dissolute life without visible means of obtaining an honest livelihood.