Chap. 110 Chap. 111, N.S, 27 V., c. 22, and N.B., 17 V., c. 91 to 1. The Act passed by the legislature of the late Province of Canada, in the twenty-second year of Her Majesty's reign, being chapter one hundred and ten of the Consolidated Statutes of the said Province, intituled "An Act respecting Inspectors of Public Asylums, Hospitals. the Provincial Penitentiary of Canada, and of all Common Gaols and other Prisons;" and the Act passed by the said legislature in the same year of Her Majesty's reign, being chapter one hundred and eleven of the Consolidated Statutes of the said Province, intituled "An Act respecting the Provincial Penitentiary of Canada,”-shall remain repealed: And such parts of the Act passed by the legislature of the Province of Nova Scotia, in the twenty-seventh year of Her Majesty's reign, intituled "An Act for revising and consolidating the Statutes and Laws of the Province," Part one, part as by 31 Title five, Chapter twenty-two,-and also such parts of the remain repealed in V., c. 75, Act passed by the legislature of the Province of New Brunswick, in the seventeenth year of Her Majesty's reign, intituled An Act to revise and consolidate the Public Statutes of New Brunswick," Part one, Title sixteen, Chapter, ninetyone, as relate to the Penitentiary in each of the said last mentioned Provinces, and are repealed by the Acts of the Parliament of Canada hereinafter repealed, shall remain repealed, and such other parts thereof as are inconsistent with sistent with the provisions of this Act, are hereby repealed: And other parts incon this Act. Acts of V., c. 75, and 33 V., c. 30, 52 repealed. and 36 V., c. Effect of repeal limited. The Act passed by the Parliament of Canada in the thirtyfirst year of Her Majesty's reign, chapter seventy-five, and intituled "An Act respecting Penitentiaries and the Directors thereof and for other purposes;" and the Act passed by the said Parliament in the thirty-third year of Her Majesty's reign, chapter thirty, intituled "An Act to amend 'The Penitentiary Act of 1868,' 3," and the Act passed in the thirtysixth year of Her Majesty's reign, chapter fifty-two, intituled "An Act to extend the Act passed in the thirty-third year of Her Majesty's reign, intituled An Act to amend the Penitentiary Act of 1868,"" are hereby repealed. 2. The repeal of the Acts and parts of Acts above set forth, shall not operate so as to revive any former Act, or any part or portion of any former Act, of which the said Acts or parts of Acts may have been an amendment or amendments, nor shall such repeal affect anything heretofore done under the said Acts or parts of Acts, nor any claim, suit or action arising therefrom, and now pending in any court of law or equity in virtue of such repealed Acts or parts of Acts, or any of them; but such thing, claim, suit or action shall remain the same as if this Act had not been passed. INSPECTOR INSPECTOR. 3. All the penitentiaries in Canada and such other prisons, Penitenhospitals, asylums and other public institutions as may, from tiaries, prisons, &c., time to time, be designated for that purpose by the Governor to be under in Council, by proclamation in the Canada Gazette, and all control of prisoners and other persons confined therein and inmates Justice. thereof, shall be under the control of the Minister of Justice, who shall exercise over them complete administrative power. Minister of Inspector, 4. It shall be lawful for the Governor in Council to Governor to appoint some fit and proper person to be Inspector of all appoint penitentiaries and of such other prisons, hospitals, asylums &c, under and other public institutions as may, from time to time, be the Minister. designated by the Governor in Council,-and who shall, as such Inspector, act as the representative of the Minister of Justice, and hold office during pleasure. 5 The said Inspector shall be an officer of the Depart- Inspector to ment of Justice, and shall receive a salary of two thousand be an officer dollars per annum, exclusive of his travelling expenses, ment of which shall be determined by the Governor in Council. of Depart Justice. 6. The said Inspector shall, at least twice a year, and Inspector to oftener, if ordered by the Minister of Justice so to do, visit, visit Peniten examine and report to him upon the state and management report to of all the penitentiaries, and all suggestions which the Minister. Wardens thereof may have made for their improvement. minutes of his 7. The said Inspector shall keep an exact record of all To keep and minutes of inspection made by him in the inspection books transmit of the various institutions, together with all his proceedings proceedings. in connection therewith, and shall transmit monthly a copy thereof under his hand to the Minister of Justice. 8. The said Inspector shall, by virtue of his office without Inspector to any property qualification, be a Justice of the Peace for any of the peace. be a justice and every district, county, city or town of Canada, but shall have power to act in matters connected with the criminal law of Canada only. alter them 9. The Inspector shall have power, and it shall be his Inspector to duty to make rules and regulations for the management, make rules and reguladiscipline and police of the penitentiaries, and for the duties tions, &c., and conduct of the Wardens thereof, and of every other and may officer or class of officers or servants employed therein, and subject to for the diet, clothing, maintenance, employment, instruction, approval. discipline, correction, punishment and reward of convicts imprisoned therein, and to annul, alter or amend the same from time to time, subject to the approval of the Governor in Council, which rules and regulations so approved, the Wardens of the penitentiaries, and every other officer and servant 2 continued, &c. servant employed in or about the same, shall be bound to Existing rules obey: Provided always, that until such rules and regulations are made as aforesaid, the rules and regulations existing in each penitentiary at the passing of this Act shall remain in force. It shall also be the duty of the Inspector accounts, &c. to audit the accounts of the penitentiaries monthly, and to transmit the same duly certified as to correctness to the Minister of Justice, and to administer to the Wardens and Accountants the following oath : Audit o Oath of warden and accountant. To inquire into money transactions. Minister of require from I, of the , Warden. and I. Penitentiary, make oath and say, that the foregoing statement of receipts and expenditure on account Penitentiary, for the month of of the is true and correct. day of 18, Penitentiary, the It shall also be his duty to inquire into the money transactions and financial affairs of the penitentiaries, prisons, hospitals, asylums or other public institutions supported wholly or in part by the Dominion, and to exact a statement of their receipts and expenditures every year. 10. It shall be the duty of the Minister of Justice to require and obtain from the Inspector an annual report on or before the first day of February in each year, to be laid before Parliament at the then next Session-which report shall contain a full and accurate report on the state, condition and management of the penitentiaries under his control and. comprising supervision, and inspected during the preceding year, together with such suggestions for the improvement of the same as he may deem necessary and expedient, and accompanied by copies of the annual reports of the officers of the penitentiaries, and by such financial and statistical statements and tables as the books kept by them may supply,and which report shall also comprise and embrace the following particulars, viz : Statistics tiaries, facts as to working of penal system, &c.; 1 Such statistical information in respect to each penitenof Penitentiary, and the whole in condensed form, as is embraced in the registers of such penitentiaries, together with any facts which may have come to his knowledge with respect to the working of the criminal laws and penal system of the Dominion, or any injustice or hardship which, in his opinion has arisen therefrom, and such suggestions for the improvement or amendment of the same, and for the prevention of crime or the reformation of criminals, as he may deem expedient ; Inventory of property; 2. An inventory and valuation of all the property belonging to the penitentiaries respectively, movable and immovable; able; distinguishing the estimated value of the several descriptions of property; and state 3. A detailed statement showing the money receipts of Receipts, the penitentiaries, and the sources from which they have expenditure, been derived; also the expenditures, together with a state- ment of ment of all debts due by the penitentiaries, showing the debts; names of the parties to whom each is due, and showing also the debts, if any, due to the institution, with the amount and nature of each debt ; 4. An estimate of the expense of the penitentiaries for the Estimates for ensuing year, distinguishing the ordinary from the extraor- coming year. dinary. improve 11. In case the Inspector finds at any time that any Special penitentiary is out of repair, or does not possess the proper reports as to and requisite sanative arrangements, or has become unsafe or ments, unfit for the confinement of prisoners, or that the same does repairs, &c. not afford sufficient space or room for the number of prisoners confined therein, or the requisite amount of shop and yard space for the proper industrial employment of the prisoners, he shall forthwith report the fact to the Minister of Justice, and shall, at the same time, furnish a copy of such report to the Minister of Public Works. POWERS OF THE INSPECTOR. of 12. For the better enabling the Inspector efficiently to Special discharge the duties herein set forth, or at any time assigned Inspector. to him by the Minister of Justice, he shall have power- 1. At all times to enter into, and remain within any peni- Entry, and tentiary or other public institution placed under his control examination of papers, &c. as aforesaid, and have access to every part and portion of the same, and to examine all papers, documents, vouchers, records and books of every kind belonging thereto; conduct of officers, &c. of witnesses, 2. To investigate the conduct of any officer or servant Inquiries into employed in or about any penitentiary, or other such public institution as aforesaid, or of any person found within the precincts thereof; and for that purpose the Inspector shall Summoning have power to summon before him any person by subpoena compelling issued by him, and to examine such person upon oath-which attendence. oath the said Inspector shall have power to administer, whether the fact relate to a breach of the law of the land or of the rules of the prison, or to any matter affecting the interests of the institution-and to compel the production of papers and writings before him; and if any person duly summoned neglects or refuses to appear at the time and place specified in the subpæna upon him legally served, or refuses to give evidence or to produce the papers demanded of him, Minister Justice may cause special reports to be made by others than Inspector. Peniten rat ed and descril ed. the Inspector may cause the said person by warrant under his hand, to be taken into custody and to be imprisoned in the common gaol of the locality, as for contempt of court, for a period not exceeding fourteen days. 13. It shall be lawful for the Minister of Justice to appoint, at any time when he may deem it necessary, a person or persons to make a special report on the state and management of any penitentiary; and in such case the person or persons so appointed shall have, in order to enable him or them to make such special report, the powers given to the Inspector by the next preceding section. ESTABLISHMENT OF PENITENTIARIES. 14. The penitentiary situate near the City of Kingston, in tiaries enum the Province of Ontario, to be known as the Kingston Penitentiary; the penitentiary situate at St. Vincent de Paul, in the Province of Quebec, to be known as the St. Vincent de Paul Penitentiary; the penitentiary situate near the City of St. John, in the Province of New Brunswick, to be known as the St. John Penitentiary, and the penitentiary situate near the City of Halifax, in the Province of Nova Scotia, to be known as the Halifax Penitentiary, together with all the land appertaining to the same respectively, according to the respective metes and bounds thereof as now known and defined, and all the buildings and property thereon belonging to the same, are all and each of them hereby declared to be penitentiaries of Canada. Governor may annex tracts of land included as part of a 15. It shall be lawful for the Governor in Council, at any time hereafter, if he sees fit, to declare by proclamation, to be published in the Canada Gazette, that any tract of land within the Dominion, of which the boundaries shall be particularly defined in the proclamation, is a penitentiary, and is to be so held within the meaning of this Act; and it shall be lawful for the Governor in Council to annul the same by any subsequent proclamation, published as aforesaid, declaring that the tract of land so established as a penitentiary shall cease to be so held and considered, from and after a certain day to be named in such subsequent proclamation. What shall be 16. Every penitentiary now established, and every penitentiary hereafter to be established by virtue of this Act, shall penitentiary. be held to include all carriages, waggons, sleighs or other vehicles for land carriage, and all boats, scows or other vessels for water carriage, being property belonging to such penitentiary, or employed by hire or otherwise in its service; and likewise any wharf at or near the said penitentiary, although not within the limits mentioned in the proclamation establishing the same, but used for the accommodation of such craft when so employed in or about any work or labour connected with such penitentiary. |