An Act to authorize the apprehension and detention of such persons as shall be suspected of committing acts of hostility or conspiring against Her Majesy's Person and Government

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31 Victoria, c. 16
An Act to authorize the apprehension and detention of such persons as shall be suspected of committing acts of hostility or conspiring against Her Majesy's Person and Government
Source: Early Canada Online

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An Act to authorize the apprehension and detention of such persons as shall be suspected of committing acts of hostility or conspiring against Her Majesy's Person and Government.

Preamble.
1. Persons in custody at or after the passing of this Act, charged with certain offences.
May be detained without bail until the end of the Session next after the 1st Dec., 1868.
Proviso : the warrant to be countersigned, by a Clerk of H. M. Privy Council for Canada.
2. By whom and where such persons maybe detained.
Place of custody may be changed and how.
3. Act may be suspended and again brought into force.
4. May be amended this session.




31 Victoria, c. 16 (Canada)


An Act to authorize the apprehension and detention of such persons as shall be suspected of committing acts of hostility or conspiring against Her Majesy's Person and Government


[Assented to 21st December, 1867.]


Preamble.
WHEREAS certain evil-disposed persons being subjects or citizens of Foreign Countries at peace with Her Majesty, have lawlessly invaded Canada, with hostile intent, and whereas other lawless invasions of and hostile incursions into Canada are threatened : Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :
Persons in custody at or after the passing of this Act, charged with certain offences
1. All and every person and persons who is, are or shall be within Prison in Canada at, upon, or after the day of the passing of this Act, by warrant of commitment signed by any two Justices of the Peace, or under capture or arrest made with or without Warrant, by any of the officers, non-commissioned officers or men of Her Majesty's Regular, Militia or Volunteer 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 in Canada ;
Or with any act of hostility therein ;
Or with having entered Canada 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 ;
Or with entering Canada in company with any such subjects or citizens with intent to levy war on Her Majesty, or to commit any act of Felony therein ;
Or with joining himself or themselves to any person or persons whatsoever, with the design or intent to aid and assist him or them whether subjects or aliens, who have entered or may enter Canada with design or intent to levy war on Her Majesty, or to commit any felony within the same ;
Or charged with High Treason or treasonable practices, or suspicions of High Treason, or treasonable practices ;
May be detained without bail until the end of the Session next after the 1st Dec., 1868
May be detained in safe custody without Bail or mainprize until the first day of December, one thousand eight hundred and sixty-eight, and until the end of the Session of Parliament then next succeeding ; 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 the Queen's Privy Council for Canada, until the day after the termination of the first session held after the first day of December, one thousand eight hundred and sixty-eight, any Law or Statute to the contrary notwithstanding ;
Proviso : the warrant to be countersigned, by a Clerk of H. M. Privy Council for Canada
provided, that if within one month after the date of any warrant of commitment, the same or a copy thereof certified by the party in whose custody any such person or persons is or arc detained under it, be not countersigned by a clerk of the Queen's Privy Council for Canada, then any person or persons detained in custody under such warrant of commitment for any of the causes aforesaid by virtue of this Act, may apply to be and may be admitted to Bail.
By whom and where such persons maybe 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 Canada, 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 custody of such person and persons respectively ;
Place of custody may be changed and how
and it shall and may be lawful to and for the Queen's Privy Council for Canada, by warrant signed by a Clerk of the said Privy Council, to change the person or persons by whom and the place in which any such person or persons so arrested, committed or detained, shall be detained in safe custody.
Act may be suspended and again brought into force
3. The Governor General may, by Proclamation, as and so often as he may see fit, suspend the operation of this Act, or within the period aforesaid, again declare the same to be in full force and effect, and, upon any such Proclamation, this Act shall be suspended or of full force and effect as the case may be.
May be amended this session
4. This Act may be altered, amended or repealed during the present Session of Parliament



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