OF THE PROVINCE OF CANADA PASSED IN THE SESSION HELD IN THE TWENTY-NINTH AND THIRTIETH YEARS OF THE REIGN QUEEN VICTORIA BEING THE FIFTH SESSION OF THE EIGHTH PARLIAMENT OF CANADA, Begun and holden at Ottawa on the Eighth day of June, in the year of Our HIS EXCELLENCY THE RIGHT HONORABLE CHARLES STANLEY VISCOUNT MONCK ANNO VICESIMO-NONO ET TRICESIMO VICTORIÆ REGINE. CAP. I. An Act to authorize the apprehension and detention until the eighth day of June, one thousand eight hundred and sixty-seven, of such persons as shall be suspected of committing acts of hostility or conspiring against Her Majesty's Person and Go vernment. [Assented to 8th June, 1866.] W HEREAS certain evil disposed persons being subjects Preamble. or citizens of Foreign Countries at peace with Her Majesty, have lawlessly invaded this Province, with hostile intent, and whereas other similar lawless invasions of and hostile incursions into the Province are threatened: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: the passing of 1. All and every person and persons who is, are or shall persons in cusbe within Prison in this Province at, upon, or after the day of tody at or after the passing of this Act, by warrant of commitment signed by this Act and any two Justices of the Peace, or under capture or arrest made charged with with or without Warrant, by any of the officers, non-commis- any of the following sioned officers or men of Her Majesty's Regular, Militia or offencesVolunteer Militia Forces, or by any of the officers, warrant officers or men of Her Majesty's Navy, and charged; With being or continuing in arms against Her Majesty within this Province; Or with any act of hostility therein; Or with having entered this Province with design or intent to levy war against Her Majesty, or to commit any felony therein; Or with levying war against Her Majesty in company with any of the subjects or citizens of any Foreign State or Country then at peace with Her Majesty; until 8th June' 1867. Or with entering this Province in company with any such Or charged with High Treason or treasonable practices, or May be detain May be detained in safe custody without Bail or mainprize ed without bail until the eighth day of June, one thousand eight hundred and sixty-seven, and no Judge or Justice of the Peace shall bail or try any such person or persons so committed, captured or arrested without order from Her Majesty's Executive Council, until the eighth day of June, one thousand eight hundred and sixty-seven, any Law or Statute to the Provided the contrary notwithstanding; provided, that if within fourteen warrant of days after the date of any warrant of commitment, the commitment be same or a copy thereof certified by the party in whose countersigned within 14 days custody such person is detained, be not countersigned by by a Clerk of a clerk of the Executive Council, then any person or the Executive Council. persons detained in custody under any such warrant of commitment for any of: he causes aforesaid by virtue of this Act, may apply to be and may be admitted to Bail. By whom and where such persons may be detained. 2. In cases where any person or persons have been, before the passing of this Act or shall be during the time this Act shall continue in force arrested, committed or detained in custody by force of a warrant of commitment of any two Justices of the Peace for any of the causes in the preceding section mentioned, it shall and may be lawful for any person or persons to whom such warrant or warrants have been or shall be directed to detain such person or persons so arrested or committed, in his or their custody, in any place whatever within this Province, and such person or persons to whom such warrant or warrants have been or shall be directed, shall be deemed and taken to be to all intents and purposes lawfully authorized to detain in safe custody, and to be the lawful Gaolers and Keepers of such persons so arrested, committed or detained, and such place or places, where such person or persons so arrested, committed or detained, are or shall be detained in custody, shall be deemed and taken to all intents and purposes to be lawful prisons and gaols for the detention and safe cusSuch place, tody of such person and persons respectively; and it shall and may be lawful to and for Her Majesty's Executive Council by warrant signed by a Clerk of the said Executive Council to change the person or persons by whom and the place, in which such person or persons so arrested, committed or detained, shall be detained in safe custody. &c., may be changed by warrant from Executive Council. again brought 3. The Governor may, by Proclamation, as and so often as Act may be he may see fit, suspend the operation of this Act, or within the suspended, and period aforesaid, again declare the same to be in full force and into force. effect, and, upon any such Proclamation, this Act shall be suspended or of full force and effect as the case may be. 4. This Act may be altered, amended or repealed during May be amendthe present Session of Parliament. CAP. II. An Act to protect the inhabitants of Lower Canada against lawless aggressions from subjects of Foreign. Countries at peace with Her Majesty. FOR [Assented to 8th June, 1866.] ed this Session. OR the protection of the inhabitants of Lower Canada Preamble. against lawless aggressions from subjects of Foreign Coun tries at Peace with Her Majesty: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: reign power be Court Martial. 1. In case any person, being a citizen or subject of any Citizens or subForeign State or Country at peace with Her Majesty, be or con- jects of a fotinues in arms against Her Majesty, within Lower Canada, or taken in arms commits any act of hostility therein, or enters Lower Canada in L. C. with design or intent to levy war against Her Majesty, or to my entered commit any felony therein, for which any person would, by the by a Militia laws of Lower Canada, be liable to suffer death, then the Governor may order the assembling of a Militia General Court Martial for the trial of such person, agreeably to the Militia Laws; and upon being found guilty by such Court Martial of offending against this Act, such person shall be sentenced by such Court Martial to suffer death, or such other punishment as shall be awarded by the Court. levying war sentenced 2. If any subject of Her Majesty, within Lower Canada, Subjects of H. levies war against Her Majesty, in company with any of the M. in L. C. subjects or citizens of any Foreign State or Country then at with foreigners, peace with Her Majesty, or enters Lower Canada in company in so doing, or aiding them with any such subjects or citizens with intent to levy war on may be tried Her Majesty, or to commit any such act of felony as aforesaid, and sesame or if, with the design or intent to aid and assist, he joins himself manner. to any person or persons whatsoever, whether subjects or aliens, who have entered Lower Canada with design or intent to levy war on Her Majesty, or to commit any such felony within the same, then such subject of Her Majesty may be tried and punished by a Militia Court Martial, in like manner as any citizen or subject of a Foreign State or Country at peace with Her Majesty, is liable under this Act to be tried and punished. |