sent to Re 27. Upon complaint and due proof made to the Judge of any Boys may be County or District Court or to any Police Magistrate, by a parent formatory on or guardian of any boy between the ages of ten and thirteen proof that they years, that by reason of incorrigible or vicious conduct, such are so incorrigible or vicious boy is beyond the control of such parent or guardian, and that as to be bea due regard for the material and moral welfare of such child yond control. manifestly requires that he should be committed to the reformatory, the Judge or Police Magistrate inay order such boy to be confined in the reformatory for an undefined period not to exceed five years. 43 V. c. 34 s. 27; 50 V. c. 8, sched. Reformatory. 28. Any Court, Judge, Police or Stipendiary Magistrate, or Time of conJustice of the Peace, who, under and by virtue of any Act of finement in the Legislature of this Province, has, or shall have, power to sentence any boy to be confined in the reformatory for any stated period, may sentence such boy to be confined therein for an undefined period; and such boy shall thereupon be detained in the reformatory until he be reformed or otherwise fit to be apprenticed or bound out, or be probationally or permanently discharged, as hereinafter provided: Provided that such boy shall not be detained for a longer time than the Proviso. maximum term of confinement for which he might have been sentenced for the offence of which he was convicted; and that no boy shall be sentenced under this section who cannot be imprisoned for two years or over. 43 V. c. 34, s. 28. 29. In case tory. a boy is sentenced to confinement in the Warrant for reformatory, a copy of the sentence of the Court duly certified detention in gaol of peras aforesaid, or the warrant or order of the Judge, Justice of the sons sentenced Peace, or other Magistrate by whom the boy is sentenced, shall to Reformabe a sufficient authority to the sheriff, constable, or other officer who may be directed so to do (which direction may be verbal) to convey such boy to the common gacl of the county where such sentence is pronounced, and for the gaoler of such gaol to receive and detain the said boy until the provincial bailiff or other person entrusted with the warrant of the inspector shall require the delivery of such boy for removal to the reformatory. 43 V. c. 34, s. 29. 30. In case a boy, sentenced under any Act of the Legis- Detention in lature of Ontario to be confined in the reformatory, is in such gaol when boy cannot safely a weak state of health that he cannot safely or conveniently or convenientbe removed to the reformatory, he may be detained in the ly be removed. common gaol or other place of confinement in which he may be, until he is sufficiently recovered to be safely and conveniently removed to the reformatory; but any time during which such boy is so detained shall be reckoned in computing the. time served by such boy in the reformatory. 43 V. c. 34, s. 30. 31. In order to encourage good behaviour and industry Record to be among the boys in the said reformatory, and with a view to kept with a permitting every boy to earn a remission of a portion of the gation of sen view to miti tence. VOL. II.-78 Proceedings for remission of sentence. Proviso. Proviso. Superintend ent may ap prentice boys in certain cases. Proviso term for which he was sentenced to the said reformatory, it 32. When under the rules in that behalf, a boy shall have obtained the requisite number of good marks, based upon good conduct, proficiency in school and industrious habits, and shall in addition thereto have given satisfactory evidence of being reformed, it shall be the duty of the superintendent to transmit to the inspector a certificate to that effect, and also the separate certificates to a like effect or with such variations as their respective opinions may render necessary, of the minister or other person who has given religious instruction to such boy, of the schoolmaster who has given him secular instruction and of the trade instructors, if any, whom he has been under; whereupon, the inspector, if he considers it requisite, shall make further enquiry into the facts, and having satisfied himself that the boy has earned his discharge shall forthwith transmit the certificates and other papers to the AttorneyGeneral of the Province, with a recommendation that action be taken to have the remaining portion of the sentence of such boy remitted, or to have such boy discharged on probation for a stated period: Provided that no action shall be taken under this section in respect of any boy who has not been at least one year in the reformatory: Provided also that the Judge of County Court or any Police Magistrate may, upon satisfactory proof that any boy who was sentenced under the provisions of an Act of the Legislature of Ontario and who has been discharged on probation, has violated the conditions of his discharge, order such boy to be recommitted to the reformatory, there to be confined for the residue of the term for which he was originally sentenced. 43 V. c. 34, s. 32. any 33. In case any respectable and trustworthy person is willing to undertake the charge of any boy committed to the reformatory, when such boy is over the age of twelve years, as an apprentice to the trade or calling of such person, or for the purpose of domestic service, and such boy is confined in the reformatory by virtue of a sentence pronounced under the authority of any statute of this Province, the superintendent may, with the consent and in the name of the inspector, bind the said boy to such person for any term not to extend beyond a period of five years from the commencement of his imprisonment, without his consent, and the inspector shall thereupon order that such boy shall be discharged from the said reformatory, and he shall be discharged accordingly: Provided that any wages reserved in any indenture of apprenticeship made under this section shall be payable to the said boy or to some other person for his benefit. 43 V. c. 34, s. 33. 34. Whenever the time of any boy's sentence in the Boys not to be reformatory, under any law within the legislative jurisdiction Sunday. discharged on of this Province, shall expire on a Sunday, he shall be discharged on the previous Saturday, unless he desires to remain until the Monday following. 43 V. c. 34, s. 34. diseases. 35. No boy shall be discharged from the reformatory at Boys not to be the termination of his sentence, if then labouring under any labouring undischarged if contagious or infectious disease, or under any acute or danger- der certain ous illness, but he shall be permitted to remain in the reformatory until he recovers from such disease or illness: Provided Proviso. that any boy remaining in the reformatory from any such cause shall be under the same discipline and control as if his sentence were still unexpired. 43 V. c. 34, s. 35. SCHEDULE. (Section 8.) ONTARIO REFORMATORY FOR BOYS. RETURN MADE UNDER R. S. O., CAP. 241, sec. 8, of BOY IN GAOL (A separate return to be made with each boy). 1. Name in full. 2. Age. 3. From what court sentenced. 4. Date of sentence. 5. Period and nature of sentence. 6. Place of residence. 7. Place of birth. 8. Name and post-office address of parents, guardian or other person with whom boy has been living. 9. Trade, occupation or calling of boy, if any. 10. Temperate or intemperate. 11. If married, state the fact. 12. Religious denomination. 13. Degree of education. 14. Offence. 15. Fine, if any. 16. Gaoler's opinion as to physical and mental condition of boy, and his fitness to perform ordinary work. (Date of return.) (Signature of Sheriff.) 43 V. c. 34, Sched. A. Appointment of bailiffs. Warrant for removal. Powers of bailiffs. Bailiffs to give and take receipts for persons in CHAPTER 242. An Act respecting the removal of persons from County H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Lieutenant-Governor may appoint a bailiff or bailiffs' male or female, who shall be designated and known as provincial bailiffs, and who shall be employed for the purpose of conveying any person from time to time confined in any of the common gaols of the Province or other place of custody, and liable to be thence lawfully removed to any asylum or other institution for the insane in this Province, or to the Reformatory for Boys, or to the Andrew Mercer Ontario Reformatory for Females, or to the Industrial Refuge for Girls, and also in the performance of such other duties as may be assigned to him, her, or them by the Inspector of Prisons and Public Charities. 43 V. c. 35, s. 1. 2. Any bailiff so appointed may convey any person from the gaol or other place of custody to such one of the provincial institutions in the preceding section mentioned in which such person is lawfully directed to be confined, without any further authority than the warrant of the inspector of prisons and public charities under his official seal and in duplicate, and such person shall be received into such provincial institution and there detained subject to the rules, regulations and discipline thereof until legally entitled to be discharged therefrom. 43 V. c. 35, s. 2. 3. The bailiff, in the conveyance of such person as aforesaid to any of the provincial institutions hereinbefore mentioned, may secure and convey him through any county or district through which such bailiff may have to pass, and until such person has been delivered to and placed in such provincial institution, such bailiff shall have, in every part of this Province, the same power and authority over and with regard to such person, and to command the assistance of any person to prevent his escape, and in recapturing him in case of an escape, as the sheriff of the county in which he was convicted or confined would himself have in conveying him from one part to another of that county. 43 V. c. 35, s. 3. 4. The bailiff shall give one of the duplicates of the warrant and a receipt to the sheriff or gaoler for every person so liable to be removed from the gaól or other place of custody, and shall their charge. thereupon with all convenient speed convey and deliver up such person with the other duplicate of the warrant to the superintendent or other official head of such provincial institution, who shall give his receipt in writing for every such person so received by him to such bailiff, as evidence of his discharge of duty, and every such person shall be kept in such provincial institution until legally discharged, or removed under competent authority. 43 V. c. 35, s. 4. 5. The county or other municipality, in which the gaol or Payment by other place of custody is located and from which such municipaliperson ties. may be removed by such bailiff as aforesaid, shall be liable to pay to the Treasurer of the Province, on demand, the expenses incurred in the removal and conveyance, as aforesaid, of each person, together with sixty per centum added thereto toward the salary or other remuneration of such bailiff: Pro- Proviso, vided always that when gaols are maintained jointly by cities and counties, or in case of towns separated from counties, the county shall be held to be the municipality in which the gaol is located, and the cities or towns shall pay their just proportion of such salaries and expenses, and if not mutually agreed upon, the same shall be determined by arbitration as Rev. Stat. c. provided by The Municipal Act. 43 V. c. 35, s. 5. 184. CHAPTER 243. An Act respecting the use of Spirituous Liquors in HE ER MAJESTY, by and with the advice and consent of the as follows: retailing spiri within gaols. 1. No license shall be granted for retailing spirituous liquors No license to within any gaol or prison; and if any gaoler, keeper or officer be granted for of any gaol or prison, sells, lends, uses or gives away, or tuous liquors knowingly permits or suffers any spirituous liquors or strong waters to be sold, used, lent or given away in such gaol or prison, or to be brought into the same, other than such spirituous liquors or strong waters as may be prescribed by or given by the prescription and direction of a legally qualified medical practitioner, such gaoler, keeper or other officer shall, for every Penalty such offence, forfeit the sum of $80, one moiety thereof to Her Majesty, for the public uses of the Province, and the other moiety, with full costs of suit, to the person who sues for the same in any of Her Majesty's Courts of Record in Ontario; and in case any gaoler or other officer, having been so convicted |