sufficient evi common gaming house. 5. When any constable or officer authorized as aforesaid What shall be to enter any house, room or place, is wilfully prevented dence that a from, or obstructed, or delayed in entering the same or any house is a part thereof, or where any external or internal door of, or means of access to any such house, room or place so authorized to be entered, is found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof of any constable or officer authorized as aforesaid, or for giving an alarm in case of such entry, or if any such house, room or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing or destroying any instruments of gaming, it shall be evidence until the contrary be made to appear, that such house, room or place is used as a common gaming house within the meaning of this Act, and of any former Acts relating to gaming, and that the persons found therein were unlawfully playing therein. to be sworn 6. It shall be lawful for the Police Magistrate or Mayor or Magistrate, justice before whom any persons are brought who have been &c., may require any of found in any house, room, or place, entered in pursuance of the persons any warrant or order issued under this Act, to require any of apprehended such persons to be examined on oath and give evidence touch- and give ing any unlawful gaming in such house, room or place, or evidence. touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, rooin or place, or any part thereof of any constable or officer authorized as aforesaid; and no person so required to be examined as a witness shall be excused from being so examined when brought before such Police Magistrate, or Mayor, or justice as aforesaid, or from being so examined at any subsequent time. by or before the Police Magistrate, or Mayor, or the same or any other Justice of the Peace, or by or before any court, on any proceeding, or on the trial of any indictment, information, action, or suit in anywise relating to such unlawful gaming, or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself; and any such person so required to be examined as a witness Penalty for who refuses to make oath accordingly, or to answer any such refusing to be question as aforesaid, shall be subject to be dealt with in all respects as any person appearing as a witness before any justice or court in obedience to a summons or subpoena and refusing without lawful cause or excuse to be sworn or to give evidence, may by law be dealt with. sworn. examined as Every person so required to be examined as a witness as Persons reaforesaid, who upon such examination shall make true dis- quired to be covery to the best of his knowledge of all things as to witnesses, and which he is so examined, shall receive from the judge, making a full justice, be freed from ficate. Proviso: what the certificate must show. discovery, to justice, magistrate, examiner or other judical officer, before all penalties, whom such proceeding is had, a certificate in writing to that &c., on certi- effect, and shall be freed from all criminal prosecutions and penal actions and from all penalties, forfeitures and punishments to which he may have become liable for anything done before that time in respect of the matters touching which he has so been examined; but such certificate shall not be effectual for the purpose aforesaid, unless it states that such witness made a true disclosure touching all things as to which he has been examined; and upon the production and proof of such certificate as aforesaid, any action, indictment, or proceedings pending or brought in any court against such witness in respect of any act of gaming touching which he was so examined, shall be stayed upon summary application to the court in which such action, indictment or proceeding is pending, or any judge thereof, or any judge of any of the Superior Courts of any Province, to stay the proceedings aforesaid. Preamble. Interpreta- Cattle, &c., on Railways CHAP. 42. An Act to prevent Cruelty to animals while in transit by Railway or other means of conveyance within the Dominion of Canada. [Assented to 8th April, 1875.] WHEREAS the transportation of cattle, by railway or vessels, for long distances without rest, food, or water is liable to cause suffering from hunger, thirst and fatigue, and whereas it is expedient to make provisions for the regulation of the transportation or conveyance of live stock over the lines of railway, and by vessels, within the Dominion of Canada: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In this Act the term "Cattle" shall include any horse, mule, ass, swine, sheep, or goat, as well as any neat cattle or animal of the bovine species, and whatever be the age or sex of the animal, and by whatever technical or trivial name it may be known, and shall apply to one animal as well as many. 2. No railway company within the Dominion of Canada, and Vessels whose railway forms any part of a line of road over which cattle are conveyed from one Province to another Province, than 28 hours or from the United States to or through any Province or not to be kept more from from any part of a Province to another part of the same, without unnor the owner or master of any vessel, carrying or transport- for food, rest, lading them ing cattle, from one Province to another Province, or within &c. any Province, or from the United States through or to any Province, shall confine the same in any car, or vessel of any description, for a longer period than twenty-eight consecutive hours without unlading the same for rest, water and feeding for a period of at least five consecutive hours, unless prevented from so unlading and furnishing water and food Exception. by storm or other unavoidable cause or by necessary delay or detention in the crossing of trains. In reckoning the Time, how period of confinement, the time during which the cattle reckoned. have been confined without such rest and without the furnishing of food and water, on any connecting railways or vessels from which they are received, whether in the United States or in Canada, shall be included,—it being the intention of this Act to prevent their continuous confinement beyond a period of twenty-eight hours, except upon the contingencies herein before stated. 3. Cattle so unloaded shall be properly fed and watered To be produring such rest by the owner or person having the custody perly fed, &c. thereof, or in case of his default in so doing, then by the rest. during such railway company or owner or master of the vessel transporting the same, at the expense of the owner or person in custody thereof; and the company, owner or master shall, At whose in such case, have a lien upon such cattle for food, care and expense. custody furnished, and shall not be liable for any detention expense. of such cattle. Lien for 4. Where cattle are unladen from cars for the purpose of Cars to be receiving food, water and rest, it shall be the duty of the cleaned out. railway company then having charge of the cars in which they have been transported, to clear the floors of such cars, and to litter the same properly with clean saw-dust or sand before reloading them with live stock, except during a period of frost. tion. 5. Any railway company, owner or master of a vessel, Penalty for having cattle in transit as aforesaid, who shall knowingly contravenand wilfully fail to comply with the provisions contained in the second section of this Act, shall for each and every such failure to comply with its provisions, forfeit and pay as a penalty a sum not exceeding one hundred dollars for each case in which such provisions are disregarded: Pro- Proviso, when vided, however, that when cattle are carried in any car or food and vessel, in which they can and do have proper space and furnished. opportunity for rest and proper food and water, the foregoing provisions in the second section contained in regard to their being unladen shall not apply. space are 6. Any peace officer or constable may at all times enter on premises where he has reasonable grounds for supposing that see if Act is any car, truck, or vehicle in respect whereof any company Constable may enter premises to complied with. Penalty for contraven tion of s. 6. Imprisonment in default of payment. Right of suit or person has failed to comply with the requirements of this Act, is to be found, or enter on board any vessel in respect whereof he has reasonable grounds for supposing that any company or person has on any occasion so failed; and if any person refuses admission to such peace officer or constable acting under this section, such person shall be deemed guilty of an offence against this Act. 7. If any person is guilty of any offence against this Act. as in the last preceding section mentioned, he shall, for every such offence, forfeit and pay such a sum of money not exceeding twenty dollars, nor less than five dollars, with costs, as to any one Justice of the Peace, for the district, county or place in which the offence has been committed, may seem meet. 8. The offender shall in default of payment be committed to the common jail or other place of confinement for the district, county or place in which the offence was committed, there to be imprisoned for any time not exceeding thirty days. 9. Nothing in this Act contained shall prevent or abridge for damages any remedy by action against the offender or his employer where the amount of the damage is not sought to be recovered by virtue of this Act. Application of penalty and limita tion of suits. Act 32-33 V., c. 31 to apply. 10. Every penalty recoverable under this Act shall belong to the Crown; and every proceeding for the recovery of such penalty shall be commenced within one month next after the committing of the offence. 11. Every offence against the seventh section of this Act may be prosecuted in the manner directed by the "Act respecting the duties of Justices of the Peace out of Sessions in relation to summary convictions aud orders," so far as no provision is hereby made for any matter or thing which may be required to be done with respect to such prosecution; and all the provisions contained in the said Act shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act. 1 CHAP. CHAP. 43. An Act to amend the Act respecting Procedure in Criminal Cases and other matters relating to Criminal Law. H' [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: for Section 98 1. Section ninety-eight of the Act passed in the Session New Section held in the 32nd and 33rd years of the reign of Her Majesty, substituted intituled "An Act to amend the Act respecting Procedure in of 32 and 33 Criminal Cases and other matters relating to Criminal Law," Vict., c. 29. is hereby repealed, and the following substituted therefor : be sent to "93. Provided always that the Court before which any Juvenile offender whose age at the time of his trial does not, in the offenders may opinion of the Court, exceed sixteen years, is convicted, Reformatory whether summarily or otherwise, of any offence punishable Prison. by imprisonment, may, in its discretion, sentence such offender to imprisonment in the reformatory prison (if any) in the Province in which such conviction takes place; and such imprisonment shall in such case be substituted for the imprisonment in the penitentiary or other place of confinement by which the offender would otherwise be punishable under any Act or law relating thereto, which shall be construed subject to this provision: Provided that in no case Proviso, as shall the sentence be less than two years or more than five to length of years confinement in such reformatory prison, and in every case where the term of imprisonment is fixed by law to be more than five years, then such imprisonment shall be in the penitentiary. confinement. CHAP 44. An Act respecting Penitentiaries and the Inspection thereof, and for other purposes. [Assented to 8th April, 1875.] HEREAS "The British North America Act, 1867," Preamble. places the penitentiaries of the Provinces forming the Dominion of Canada, under the control of the Government of Canada, and it is expedient to make better provision for the proper management and maintenance of the same: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: |