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ipe|iwmp«4>P^iii,i.,u.> .mm^ssssm^
n
PF
POLICE ORDINANCES
Mm wmm^m
IN THE CITIES OF
QUEBEC AND MONTREAL,
l\
I
PRINTED BY J.-B. FRECHETTE, SR.
QUEBIC.
1847.
■ /
/
VI
An Ord
ofPc
H]
W
Montreal
acting ui
tary of
for the t
such syi
therefore
Governo
and cons
Canada,
the auth
Kingdon
the Reig
to make
Lower
and Em
and may
or persoi
vince, f
establish
the Grea
persons
Police (
of the P
said Citi
hereinaf
directed
administ
Cities, I
the GoA
shall am
tendents
VICTORIiE REGINiE.
s
CAP. 11.
An Ordinance for establishing an efficient system
of Police in the Cities of Quebec and Montreal.
'VIT'HEREAS it is expedient to establish an efficient
"» system of Police in the Cities of Quebec and
Montreal, and to constitute Offices of Police, which,
acting under the immediate authority of the Civil Secre-
tary of the Governor of the Province of Lower Canada
for the time being, shall direct and control the whole of
such system of Police within the said Cities : Be it
therefore Ordained and Enacted by His Excellency the
Governor of the said Province, by and with the advice
and consent of the Special Council for the affairs of Lower
Canada, constituted and assembled by virtue of and under
the authority of an Act of the Parliament of the United
Kingdom of Great Britain and Ireland, in the first year of
the Reign of Her present Majesty, intituled, " An Act
to make temporary provision for the Government of
Lower Canada ; " —And it is hereby Ordained
and Enacted by the authority of the same, that it shall
and may be lawful for the Governor, Lieutenant Governor
or person administering the Government of the said Pro-
vince, for the time being, to cause Police Offices to be
established in the said Cities, and by a Commission under
the Great Seal of the Province, to appoint fit and proper
persons to be Inspectors and Superintendents of the
Police of the said Cities, to execute the duties of Justices
of the Peace at the said Offices, and in all parts of the
said Cities, together with such other duties as shall be
hereinafter specified, or as shall be from time to time
directed by such Civil Secretary, for the more efficient
administration of the Police within the limits of the said
Cities, and that the Governor or person administering
the Government of said Province, for the time being,
shall and may remove the said Inspectors and Superin-
tendents of Police, if he shall sec occasion so to do, and
Preamble.
Governor, Stc.
may eslablish-
Police Offices
in Quebec and
Montreal, and
appoint Ins-
pectors and
Superinten-
dents of the
said cities, who
shall have pow
er to act as
Justices of the
Peace within
the said cities.
Governor majr
remove and
appoint suc-
cessors.
—2-
Property qna-
lificatloQ of a
Justice of the
Peace digpens-
ed with for
Inspectors and
Superintend
denti.
Oath of In-
spector or Su-
perintendent.
A Police force
to be formed.
may upon any vacancy in the said Offices, b; death
removal or otherwise, appoint other fit persons aa Ins-
pectors and Superintendents of the Police for the said
Cities, to execute the duties aforesaid, in lieu of tlie
persons making such vacancy, and that it shall be lawful
for the Governor or person administering the Government
of the said Province, to appoint any person to be Inspector
and Superintendent of the Police, for either of the said
Cities, under and by virtue of this Ordinance, and that it
shall be lawful for any person so appointed, during the
contmuance of his appointment, to execute the duties of
Justice of the Peace for the said Cities, although he may
not have any such qualification, by estate or property, or
IS or may be required by Law, in case of any other
person being a Justice of the Peace for the said Cities :
Provided always, and it is hereby further Ordained and
Enacted by the authority aforesaid, that no person ap-
pointed to be such Inspector and Superintendent of the
Police shall act as a Justice of the Peace at any Court of
General Quarter Sessions.
2. And be it further Ordained and Enacted by the authority
aforesaid, That every person to be appointed Inspector and
Superintendent of the Police of the said cities by virtue of this
Ordinance shall, before he begin to execute the duties of his
office, take the following Oath before a Judge of Her Majesty's
Court of King's Bench, (that is to say) :
" I, A. B., do swear that I will faithfully, impartially and
honestly, according to the best of my skill and knowledge,
execute all the powers and duties of a Justice of the Peace
under and by virtue of an Ordinance passed in the second
year of the reign of Queen Victoria, intituled) « An Ordinance
for establishing an efficient System of Police in the cities of
Quebec and Montreal."
3. And be it further Ordained and Enacted by the authority
aforesaid, That a sufficient number of fit and able-bodied men
shall from time to time, by the directions of the said Civil
Secretary, be appointed as a Police force for the said Cities,
who shall be sworn by the said Inspectors and Superintendents
of the Police, to act as Constables for preserving the Peace and
preventing robberies and other felonies, and apprehending
Offenders against the Peace; and the men so sworn shall,
within the said Cities, have all such powers, authorities,
privileges and advantages, and be liable lo all such duties and
responsibilities as any Constable duly appointed now has, or
hereafter may, have, by virtue of the Laws of this Province, or
any Statutes made, or to be made, and shall obey all such
H
lawful (
4lid sai'
conduct
4. A
aforesai
Police I
Civil S
shall de
the Mei
this Ore
rank ai
distribul
ments a
such ot
force, ai
shall fro
«• abuse
of all its
of the I
employi
they sha
or other
Enacted
belong t
Constab
determir
5. Ai
a foresail
room,
spirituou
any man
to abide
place di
duty, e\
convicte(
for every
five pot
think me
6. An
aforesaid
to the sai
apprehen
find dist
cause to
shall find
loitering
selves, a
custody
i
—3—
, l»jr death,
ions aa Ins-
for the said
lieu of tiie
dl be lawful
Government
be Inspector
• of the said
, and that it
, during the
Lhe duties of
>ugh he may
property, or
f any other
said Cities :
'rdained and
> person ap-
dent of the
ny Court of
the authority
ispector and
irtue of this
duties of his
[er Majesty's
ipartially and
1 knowledge,
of the Peace
I the second
n Ordinance
the cities of
the authority
J-bodied men
he said Civil
e said Cities,
perintendents
le Peace and
ipprehending
sworn shall,
authorities,
;h duties and
now has, or
Province, or
ley alt such
Police force.
lawful commands as they may from time to lime receive (Vom
the said Inspectors and Superintendents of the Police for
conducting themselves in the execution of their olfice.
4. And be it furdier Ordained and Enacted by the authority lnip«otor or
aforesaid, that the said Inspectors and Superintendents of the Si.perinten-
Police nioy IVonj lime to lime, subject to the approbation of (he o^J^THnHe!
Civil Secretary, make such orders and regulations as they guiations for
shall deem expedient, relative to the General Government of the govern-
tlie Men to be appointed members of llie Police Force under mcjjt of lucli
this Ordinance, the places of their residence, the classification,
rank and particular service of the several Members, their
distribution and inspection, the description of arms, accoutre-
ments and other necessaries to be furnished to them, and nil
such other orders and regulations, relative to the said Police May sugpend
force, as the said Inspectors and Superintendents of the Police or dismiss men
shall from lime to lime deeui expedient, for preventing neglect jjelonging to
w abuse, and for rendering such force elTicienl in tlie discljarge
of all its duties; and tlio ?aid Inspectors and Superintendents
of the Police may at any time suspend or dismiss from his
employment any man belonging to the said Police force, whom
they shall think remiss or negligent in the discharge of his duty,
or otherwise unfit for the same ; And be it further Ordained and
Enacted, that when any man ehnll be ao diBmiaaed or cease to
belong to the said Police force, all powera vested in him as a
Constable by virtue of this Act, shall immediately cease and
determine.
5. And be it further Ordairjed and Enacted by the authority Penalty on
aforesaid, tliat if any Victualler or Keeper of any house, shop, Victuailers&c.
room, or other place for the sale of any liquors, whether pelnSuilTifpo-
spirituous or otherwise, shall knowingly harbour or entertain licemen, when
any man belonging to the said Police force, or permit such man on duty, to re-
to abide or remain in his or her house, shop, room, or other "•*'" i" their
place during any part of the time appointed for his being on °""'-
duty, every such Victualler or Keeper as aforesaid, being
convicted thereof before any two Justices of the Peace, shall,
for every such offence, forfeit and pay such sum, not exceeding
five pounds sterling money of Great Britain, as they shall
think meet.
6. And it is further Ordained and Enacted by the authority Policemen,
aforesaid, that it shall and may be lawful for any man belonging when on duty,
to the said Police force, durij>g the time of his being on duty, to "e^j^o^g^and
apprehend all loose, idle and disorderly persons whom he shall disorderly per-
find disturbing the public peace, or whom he shall have just sons,
cause to suspect of any evil designs, and all persons whom he
shall find lying in any field, highway, yard or other place, or
loitering therein, and not giving a satisfactory account of them-
selves, and to deliver any person, so apprehended, into the
custody of the constable api)oiuted under this Ordinance, who
—4—
belonging to the said Police forrHi„«l "^"'"^ ""^ P^™"**
or shall aid or incite anv n^^ !^^ execution of hia duty,
«"ch offender, heLZj^2T.''' '^.^r^^^or remt, eve^
tho Peace, shLll fo L^y ^ul oT'^ ^^""I^ two Justices 7f
loose nnddis- Confession, o, by the oath If ' ^ ^"' ^'"' ""' their own
fore him. ^e kept at hard labour, ^f„_' ^';°"^« °^ correction, thereto
calender months; Provide nf^ "'I "°^ exceeding two
discretion of the Jus wtS;V^^^^ '^ '" ^^«
apprehended as a loose 1,117 «^a J- , ^ ^^°™ ^"^ P^r^o"
brought, either to con mit o ^ ? disorderly person shall be
nnactof vagrancyTep 1.1 "'•"'^"'r'^ P^-^^"' ^'^hough
Provided also, that it shall 1^ in" ?k"^' '^^ P^^^*'" «<> charged ;
on discharging such loo f fel« a ?'"'V'"" "^ ""'^^^ J"«tice
him or hcfin\ sufliS rein '^'^^^'^^'''y Person, to bind
Justices at their neTcenerrofounr' ^" '^^''!^ ^^'"^ ^^
to answer such charge or .i ^ '^®!: Sesswaa of the Peace,
him or her respect! vefy. ^'^'" "" '*''" ^' '^^'^^'^ «g^'"«t
Who are to be ^- And be it further Or-lai^^,! j -r,
deeded dUor- aforesaid, that person 1 ' .1 ""^.^nacted by the authority
•leriy person, by other nienn> f. '• . "^'"S able to work and thereby or
and i„de'"ce„.lVe;p„f,':7.LrpUt""' "''"""''™' "'"'^"'^
Persons loitering in streets nn v,-'i,
passengers by stand In^f or highways, and obstructing
insulting langLge or in anv othp'r ^" ^T'^''^'^ ^'^ ^V ^'4
signs, breakfng windows VrlaknT^' ^^^""g^'"^" ^^ defacinf
walls of houset, yards^r^arden "^ T ""' ^^ P'"^"^' ^'^ ^^e
a disturbance or noise in thp^fr.' ^^^^/^y'^g ^^nces ; causing
swearing or singing S^tr' ^'S^ways by screaming,
moding^he neaceahln ^ "^'""^ ^"^ impeding or incom-
ne^: ^"stsrri.;;;^'r-.-^-^"v" ^^«
account of themselves; ^ ^ ' "°^ ^'^'"8 a satisfactorj'
H
I
—6 —
house, in order
Je brought before
ling to Law.
by the authority
■esist any pereon
ition of his duty,
or resist, every
two Justices of
it and pay such
!y aforesaid, as
»y the authority
e of the Peace
being convicted
■V or their own
Jible witness or
action, there to
exceeding two
'hall be in the
om any person
erson shall be
rson, although
on so charged ;
f such Justice,
erson, to bind
)ear before the
i of the Peace,
Hedged against
r the authority
md thereby or
amilies, shall
street, road,
on, or openly
1 obstructing
or by using
n or defacing
plates, or the
;es ; causing
y screaming,
g or in com-
er any way
Bering in the
satisfactory
Penwns in the habit of frequenting houaea of ill fame not
giving a satisfactory account of themselves ;
Persons tippling in taverns ot taprooms after the hour of
ten at night, and before the hour of five in the morning,
between the twenty-first day of March and the first day of
October, and after the hour of nine at night, and before the
hour of six in the morning, from the first day of October to the
twenty-first day of March ;
Persons winning money or other valuable things in playing at
cards, dice or other chance game in taverns, shall be deemed
loose, idle and disorderly persons within the meaning of this
Ordinance.
10. And be it further Ordained and Enacted by the authority
aforesaid, that it shall be lawful for any Justice of the Peace,
upon information upon oath before hlni made, that any persons
hereinbefore described are loose, idle and disorderly personp,
and are, or are reasonably suspected to be harboured or
concealed in any house or houses of ill fame, tavern or taverns,
boarding house or boarding houses, by warrant under his hand
or seal to authorise any constable or other person or persons to
enter at any time such house or houses, tavern or taverns,
and to apprehend and bring before him or any other Justice or
Justices, all persons found therein and so suspected as afore-
said ; and if on examining such person or persons so appre-
hended and brought as aforesaid, it shall appear to such Justice
or Justices that they or any of them cannot give a
satisfactory account of themselves, it shall and may be lawful
for such Justice or Justices to commit him, her or them to
the Common Gaol or House of Correction, there to be dealt
with in the same manner as loose, idle and disorderly persons
are hereinbefore directed to be dealt with by this Ordinance.
11. And be it further Ordained and Enacted by the autho-
rity aforesaid, that it shall be lawful for any Justice of the
Peace to commit any person or persons being convicted before
him by his own view or by the oath of one or more creditable
witness or witnesses, or by his, or her or their confession, of
over-loading, over-driving, or otherwise ill-treating any Horse,
Dog or other animal, to the Common Gaol for any time not
exceeding one Calendar month ; and all Constables shall and
may apprehend such person or persons, and bring him, her or
them before a Justice of the Peace to be dealt with according to
the provisions of this Ordinance.
12. And for the more effectual prosecution of offences
punishable by a penalty upon summary conviction by virtue
of this Ordinance, be it further enacted by the authority afore-
said, that where any person shall be charged on the oath of
a credible witness with any such offence before any Justice of
the Peace, the Justice may summon the person charged to
Jasticos of th«
Peace may
gr.dit war-
rant! to loarch
housen suspso-
ted of har-
bouring disor-
derly perioni.
Punishment on
persons orer-
loading or
otherwise ill-
treating ani-
mals.
Jnstioes may
in certain oa-
ses prosecute
and determine
complaints
against per-
sons neglec-
ting to appear.
!
May grant
timo for pay
ment of penal
tji and com-
mit in defauU.
No, exception
to be taken on
account of
want of form
in warrant,
Actions to be
laid in thf» dis-
trict and with-
in six calendar
uioaths.
— 6—
appear befo.-s any two Justices of the Peace at a time and olace
to be named in such summons, and if the person chargea shaH
not appear accordingly, then (upon proof ^the due servi." of
the summons by delivering a copy thereof to such person or
bydel.verngacopyto the wife or servant or some inmate of
the fanidy of such person, at his or her usual place of abode,)
nrL i'J'f^l ^^"""^ 7^r ^^ ^'"^^^ ^"^ ^^^^ ^PP'^a'ed may either
proceed to hear and determine the case exparte, or may mm
th^r M-rrant for apprehending such person, and bringing him
- Zvo^:lT '""'"l V, ^'''''' ^'"^y« *h^* '"^^ prosecKn S
any o once pumshabe by a penalty npon summary conviction
by vntueof thjs Ordinance shall be commenced within three
otherwise """^ after the commission of the offence and not
13. And be it further Ordained and Enacted by the authority
shall be adjudgtc to be paid for any offence against this Ordinan-
ce shall be paid to Her Majesty's Seceiver General, to be by
him added to, and applied as part of the Funds for the purposes
of the Police under this Ordinance, and no person shall bv
vUlT K i application of any penalty to the use of the Police
Junds he deemed to be an incompetent witness before any
Court or Justice or Justices of the Peace in any proceeding
wbiitevor for any offence against this Ordinance.
i i. And ho it furtlier Ordained and Enacted by the authority
• «h iT'k ' ^* *^^ *^"f' "'^^ "^^'"'^ ^^«^^' ^y whom any persori
. shall be convicted and adjudged to pay any sum of money for
any ottence against this Ordinance may adjudge that such
person shall pay the same either immediatelv o- within such
period as they shall think fit, and in default of payment at the
time appointed, the said person shall be imprisoned in th-
t^ommon Gaol or House of Correction for any term not
exceeding two calendar months, which said imprisonment shall
cease upon payme^.t of the sum due.
^ 15. And be it further Ordained and Enacted by the authority
aioresaid, that no conviction, order, warrant or other matter
made or purponing to be made by virtue of this Ordinance,
snail be *^uashed for want of form or be removed by Certiorari
or otherwise into any of Her Majesty's Courts of Record, and
no warrant of commitment shall be held void by reason of any
delect therein, provided it be therein allodfeOil that the party
has been convicted, and there be a good and valid conviction
to sustain the saiiie.
16. And be it further Ordained and Enacted bv the authority
atoresaid, that for the protection of the persons" acting in the
execution of this Ordinance, all actions and prosecutions to be
conimenced against any person for any thing done in pursuance
of this Ordmance shall belaid and tried in the District where
i
%
I
nance.
a time and place
ion charged shall
le due servjie of
' such person or
some inmate of
place of abode,)
eared may either
te, or may issue
id bringing him
; prosecution for
nary conviction
ed within three
jffence and not
i>y the authority
leof the Peace
stthis Ordinan-
leral, to be by
or the purposes
;rson shall by
»e of the Police
less before any
ny proceeding
y the authority
)m any person
1 of money for
Jge that such
within such
ayment at the
isoned in th-
iny term not
sonment shall
the authority
other matter
} Ordinance,
by Certiorari
Record, and
eason of any i
lat the party %
d conviction
the authority f
cting in the ig
:utions to be
a pursusince
strict where
the fact M^s co/nmitted, and shall be commenced within six
calendar months after the fact committed and not otherwise ;
and notice in writing of such action and of the cause thereof
shaH be given to the defendar' one calendar month at least
before the commencement of the action ; and in such action
the defendant may plead the general issue and give this
Ordinance and the special r alter in evidence at any trial to be
had thereupon ; and no plaintiff shall recover in any such
• action if tender of sufficient amende shall have been made
before such action brought, or if a sufficient sum of money
shall have been paid into court after such action brought, by or
. oil the behalf of the defendant; and if a verdict shall pass for
the defendant, or the plaintiff shall become non-suit or discon-
tinue any such action after issue joined, or if upon demurrer,
or otherwise, judgement shall be given against the plaintiff, the
defendant shall recover his full costs as between attorney and
client, and have the like remedy for the same as any defendant
hath by law in other cases ; and though a verdict shall be given
for the plaintiff in such action, such plaintiff shall not have
costs against the defendant, unless the Judge before whom
the trial shall be, shall certify his approbation of the action and
of the verdict obtained thereupon.
17. And be it further Ordained and Rnorted by the authority
aforesaid, that it shall be lawful for the Governor oc other
person adraini^ering the government of the Province for the
time being, to pay or cause to be paid out of any moneys which
may be in the hands of the Receiver General of this Province,
not otherw'£?e appropriated by law, such sums as may be
required for the maintenance of the Police under this Ordi-
nance, and that all salaries, allowances and contingent charges
in that behalf shall be paid upon pay-lists to be made out on
the first of each month, by the Inspector and Superintendent
of the Police, signed by him and approved by such Civil
Secretary as aforesaid.
18. And be it further Ordained and Enacted by the authority
aforetaid, that for the purposes of this Ordinance any person
actirig ba Secretary of the Governor or of the person authorized
to execute the Commission of Governor shall be taken to be
the Civil Secretary of the Governor.
19. A.nd be it further Enacted, that for the purposes of this
Ordinance, the word City or Cities, as applied to the Cities of
Quebec and Montreal, wherever used in this Ordinance, shall
be held to denote the said Cities together with such neighbour-
ing Disiricts as the Governor or person administering the
government of the Province of Lower Canada shall at any
time direct.
May plead the
general issue.
In what cases
plaiiitifT shall
not reborer.
If verdict shall
pass for defen-
dant.
Plaintiff not to
obtain costs,
but on certifi-
cate of judge-
ment.
Governor may
defray expense
of Police Es-
tablishment
out of unap-
propriated
moneys.
Person acting
as Secretary
to Governor.
Meaning of the
word city or
cities in thi»
Ordinance
how to be
constraed.
—8-
ANNO SEPTIMO
freambls.
Ordinance of
L. C. 2 V. (1)
c. 2, cited.
Part of the
■aid Ordinance
repealed, and
other provi>
Bions substi-
tuted for those
of the Ordi.
nance.
A fine may be
imposed.
VXCTORIVE REGlWiE.
CAP. XXI.
[9th December, 18431
Ty-HEREAS it is just and necessary to alter and ,
Vr certain parts of an Ordinance of tK^r ^ ^""'"'^
Special Council for the affairs nr*u 1 . i"® Governor and
Canada, passed in the second vea' If R^'^JJ"^^ °^ ^'^'^
"ntituled, .^;i Orrf/naL for^./^r/T/^^^' Majesty's reign,
of Police in ae CitZof^Xf^^^^^^^ t'^'^ *A
fore enacted, by the Queen^Most iv:^,?''"'^i^' ^^'^ *»»ere-
with the advice and consent of the ^^^ ^"' A^"^^^' ^^ «"'»
the Legislative Assemb y of the Pr^lnt 7n^°"?^" «"^ ^^
tuted and assembled by virtue of an,f ^ «/ Canada, consti-
Act passed in the Parhamen? of the T7 f VS^" '"J'^^"^^^ «^ «"
Britain and Ireland, and inti^uleS 5« ^ ^'l^*^'"" «^ ^''^^^
J'rovinces of Upper and Lf^Trli'f ^j^ J<' '-'-^nite iAe
ment of Canadl mStiT^hJu ''* and for the Govern-
or the^ame, iha? from td'^afteTlhe '^ *'^ ^"^^^^
Act, it shall not be lawful for an, t .• P*'''"^ ^f this
Peace to commit personTclvt:ru'de;Te^?^^^^^^^^^ °'^^^
of bemg loose, idle, and disorderly ZiV '^'^ Ordinance
House of Correction, at hard labor' . ^fu ^°'"'"*'" ^^o' or
said Ordinance as co'nfers any powei: ofl'^' ^° '""^^ ^^ *e
tices of the Peace, of nerson^ «T . "^"'P^jsonment on Jus- \
same is he -^by repealed 'Pm-i TT^^^ ^^^^^ ^e and the
lawful for any L:^^tkI:rZ:^XX' t^ '' ^^^" ^^
persons hereafter to be convicted underfhe said n?"'" "P°"
bemg loose, idle, and disorderly, rnecuLTfl^'"*^'"""''^' °^
not exceeding five pounds st^rl n^ \ Pf ""'«/y fine or penalty
of their several goods rr^cha elf n ^ ^'!^ ^^ attachment
after such attach'menV al^'^ f b'y Sitt" : ^T 'i: "'^'^ '^'^
convicted shall be residents of the hpS^ ' ^ '"'''' P®''''°"^ ^^
conviction shall be made ; and n deft It nf°'' S^''' ^,^''^' ^'^^'^
such goods and chattels/ to cover tlh^^^^^^^^^^^^
J " ^"ver such penalty and costs ot
\
seizui
reside
the s:
not, f
be lav
so cor
I be im]
I at har
f Justic
' 2.
as dep
\ Her J)
same
mitme
under
or liel(
same i
3. .
me nee
shall b
Justice
be hel(
shall b
accuse
to esta
4. 1
convic
viction
Peace,
penaltj
the sail
such I
manne
5. I
the Ho
facts, f
the olTe
cominil
to be ir
shall b
applica
of Kinj
Ihorizec
Justice.
•9—
nm.
)l*ovisions of
i Council of
ear of Her
^dinance f\fr
Mice in the
er, 1843].
*r and amend
Governor and
nee of Lower
Majesty's reign,
^ective system
r Be it there -
jesty, by and
'ouncil and of
'nada, consti-
uthority of an
[dom of Great
^re-unite ike
the Govern—
the authority
^'"g of this
ustices of the
id Ordinance
non Gaol or
much of the
lent on Jus-
II be and the
t it shall be
mpose upon
rdinance, of
»or penalty
attachment
i eight days
fi persons so
where snch
t levy upon
md costs of
seizure und sale, or if such persons so convicted shall not be
residents, or being residents shall have no goods and chattels by
the sale whereof the said penalty may be levied, and shall
not, foi thwith upon such conviction, pay such penalty, it shall
be lawful for such Justice or Justices to commit such offenders,
so convicted, to the common Gaol or House of Correction, to
be imprisoned for any period not exceeding two months, either
at hard labor or otherwise, in the discretion of such Justice or
Justices.
2. And be it enacted, that so much of the said Ordinance
as deprives parties convicted, as aforesaid, of the benefit of
Her Majesty's Writ of Certiorari, and also so much of the
same as enacts that no conviction, order,^ warrant, com-
mitment, or other matter, made or purporting to be made,
under the said Ordinance, shall be quashed for want of form,
or held void by reason of any defect therein, shall be and the
same is hereby repealed.
3. And be it enacted, that in all proceedings to be com-
nienced against loose, idle and disorderly persons, the charge
shall be reduced to writing and shall be stated by the Justice or
Justices of the Peace to the party or parties accused, who shall
be held to plead forthwith to the same ; and the said charge
shall be summarily tried, due time being given to the party
accused to procure the attendance of the necessary witnesses
to establish his defence, ifhe shall so require.
4. And be it enacted, that it shall be lawful for any person
convicted under the said Ordinance to appeal from such con-
victiontothe next ensuing General Quarter Sessions of the
Feace, upon giving good and sufficient security to pay the
penalty awarded against him and all costs of such Appeal : and
thesa.dSess.ons of the Peace are hceby empowe.-ed to hear
such Appea and to dispose of the same, and award costs in
manner and form as practised upon other Appeals.
5. And be it enacted, that every commitment to Gaol or lo
the House of Co.Tection, shall specify the particular fact or
f^!: 'n-''^ *'"'^ I''''^® °"^ cii-cumstance, which constitute
the olFender as a loose, idle and disorderly person : and any
commitme.it which shall not specify such faits, shall be held
to be insufficient and the pany imprisoned under color thceof
annlJr ""! u^' K^^ ^li«cha.-ged from imprisonment, upon
application to that cIToct to any Justice of Her Majesty's Courts
tho hJ^Fk '?''' ^'"^^'^^"'^ Bench, or any other person au-
jttce ' '" '""' '" '^'' ''^'''''^ °'" Huch Judge or
Offender may
be committed,
if the fine b«
not paid.
So much of the
Ordinance as
deprives par-
ties of the be-
nefit of Cer-
tiorari, &c.,
&c , in certain
cages, repeal-
ed.
Charge to b*
reduced to
writingjin cer-
tain cases.
Appeal grant-
ed to the Quar-
ter Sessions id
such cases.
The particulai
facts which
constitute a
person loose,
idle or disor-
derly, to bo
stated in the
Commitment.
In default, th«
party may be
discharged.
"10—
Preamble.
Part of the
•aid Act re-
pealed.
Proviso.
ANNO NONO
VlCTOmm REGIHiB.
CAP. 23-
[23rd May, 1846].
WHEREAS experience has shewn that it ia necessarv to
ture fZfv"^'^^ ^ *^^^^^'" P^rt of the Ac of the SI"
Council'^fZZ clad^ „f *''''''" /f '^Governor and
^■gn, intuXd « X^ /■ '"?"'' y^"' 0/ «"■ Majesty^,
by and ^iiTte altce^a^°^„"^™;»„M^^^^ Majesty,
and of the Legislative As^rWvnJlp ^"''""? J?"™"''
chattels and sale thereof in !S I ^" '*'''^''^* g°°^« ^""^
in the said Arf 1 n t I' ^"^ ^''^''^ ^^e cases mentioned
C'derll : ta i^sha", l'l^f 7/?^^^ -p-^^<*=
Justices of the Peacrhvwi ^"^^"^ ^"' ^"^ Justice or
under the sa^l OrH ' ^ ^^].T.^"y P^''^^"" ^hall be convicted
to ad udte .hi l! "'^ of being loose, idle and disorderly,
the sa d fcci?^^H Tf ^T"". '^^" P^y *h^ Pe"«lty imposed by
as he or he! l^IIt'l "'l^^^ '"^rnecliately or within^uch period
atthl f ^ shal think fit; and that in default of payment
cllTLlZT'' ""'c^' '''' ^^^'^b« imprison^llnthe
cease .pon paymem of the smnZ ' ^" -P"Bonment to
ding certain
establishing
the Cities of
ay, 1846].
t ia necessary to
of the Legisla- .
1 year of Her
Her and amend
Governor and
Her Majesiy^s
ing an efficient
I Montreal: "
ellent Majesty,
slative Council
ice of Canada,
T the authority
ited Kingdom
'o re-unite the
r the Govern—
ie authority of
f this Act, so
>rany Justice
mposed upon
ng loose, idle
al goods and
ses mentioned
by repealed:
ny Justice or
be convicted
id disorderly,
y imposed by
such period
of payment
soned in the
•our, for any
risonment to
w^-
mk^'