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PASSED IN THE SESSION HELD IN THE
TWENTY-NINTH AND THIRTIETH YEARS OF THE REIGN
OF HER MAJESTY
BEING THE FIFTH SESSION OF THE EIGHTH PARLIAMENT OF CANADA,
Begun and hölden at Ottawa on the Eighth day of June, in the year of Our
Lord One Thousand Eight Hundred and Sixty-six.
THE RIGHT HONORABLE CHARLES STANLEY VISCOUNT MONCK
Anno Domini, 1866.
ANNO VICESIMO-NONO ET TRICESIMO
An Act to authorize the apprehension and detention
until the eighth day of June, one thousand eight
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:
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 iwo 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 folsioned 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
with any of the subjects or citizens of any Foreign State
Or with entering this Province in company with any such
subjects or citizens with intent to levy war on Her
Majesty, or to commit any act of Felony therein;
soever, with the design or intent to aid and assist him
war on Her Majesty, or to commit any felony within Or charged with High Treason or treasonable practices, or
suspicion of High Treason, or treasonable practices; 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 he countersigned
or a copy thereof certified by the party in whose 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 Council. persons detained in custody under any such warrant of
commitment for any oft he causes aforesaid by virtue of this Act, may apply to be and may be admitted to Bail.
By whom and 2. In cases where
any person or persons have been, where such
before the passing of this Act or shall be during the time this persons may be detained.
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 &c., may be and may be lawful to and for Her Majesty's Executive Council changed' by warrant from by warrant signed by a Clerk of the said Executive Council Executive to change the person or persons by whom and the place, Council.
in which such person or persons so arrested, committed or detained, shall be detained in safe custody.
3. The Governor may, by Proclamation, as and so often as Act may be hę 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.
ed this Session.
An Act to protect the inhabitants of Lower Canada
against lawless aggressions from subjects of Foreign.
[Assented to 8th June, 1866.] the protection of the inhabitants of Lower Canada Preamble. against lawless aggressions from subjects of Foreign Countries 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:
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 and sentenced 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 offend ing 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.
2. If any subject of Her Majesty, within Lower Canada, Subjects of H. levies war against Her Majesty, in company with any of the Mind.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, 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 sentenced 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.