An Act to protect the inhabitants of Canada against lawless aggressions from subjects of Foreign Countries at Peace with Her Majesty
[Assented to 21st December, 1867.]
WHEREAS in and by the ninety-eighth chapter of the Consolidated Statutes for Upper Canada, and further by an Act made and passed in the Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's Reign, and chaptered four, certain provisions are made for the protection of the inhabitants of the part of the said late Province of Canada called tipper Canada, against lawless aggressions from Subjects of Foreign Countries at Peace with Her Majesty ; And whereas in and by two several Acts made and passed in the said Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's Reign, and chaptered two and three respectively, certain provisions are made for the protection of the inhabitants of that part of the late Province of Canada called Lower Canada, against similar lawless aggressions ; And whereas it is expedient to continue the operation of the said Acts respectively, and that similar provisions be enacted in respect to the Dominion of Canada— Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :—
Con. Stat., U. C., cap. 98, and Acts of Canada, 29, 30 Vict. cc. 2, 3 & 4, extended
1. The ninety-eighth chapter of the Consolidated Statutes for Upper Canada, the said Act made and passed in the Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Tier Majesty's Reign, and chaptered four,—and the said two several Acts made and passed in the said Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's Reign, and chaptered two and three respectively, are hereby extended and the provisions thereof declared to be in force throughout Canada as follows, that is to say :—
Citizens or subjects of a foreign power taken in arms in Canada may be tried and sentenced by a Militia Court Martial
2. In case any person, being a citizen or subject of any Foreign State or Country at peace with Her Majesty, be or continues in arms against Her Majesty, within Canada, or commits any act of hostility therein, or enters Canada with design or intent to levy war against Her Majesty, or to commit any felony therein, for which any person would, by the laws in force in any Province of Canada in which such offence is committed, be liable to suffer death, then the Governor may order the assembling of a Militia General Court Martial for the trial of such person, agreably to the Militia Laws in force in such Province ; 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.
Subjects of Her Majesty in Canada levying war in company with foreigners, or aiding them in so doing, may be tried And sentenced in the same manner
3. If any subject of Her Majesty, within Canada, levies 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 enters Canada in company with any such subjects or citizens with intent to levy war on Her Majesty, or to commit any such act of felony as aforesaid, or if, with the design or intent to aid and assist, he joins himself to any person or persons whatsoever, whether subjects or aliens, who have entered 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.
Her Majesty's subjects or foreigners offending against this Act to be guilty of felony and punishable accordingly
4. Every subject of Her Majesty and every citizen or subject of any foreign state or country, who has at any time heretofore offended, or may at any time hereafter offend against the pro. visions of this Act, is and shall be held to be guilty of felony, and may, notwithstanding the provisions hereinbefore contained, be prosecuted and tried in any county or district of the Province in which such offence was committed before any Court of competent jurisdiction, in the same manner as if the offence had been committed in such county or district, and upon conviction shall suffer death as a felon.
Sentence may be carried out in Ontario notwithstanding Con. Stat. U. C., cap. 113
5. In case any person shall be prosecuted and tried in the Province of Ontario under the provisions of the next preceding section and found guilty, it shall and may be lawful for the Court before which such trial shall have taken place, to pass sentence of death upon such person, to take effect at such time as the Court may direct, notwithstanding the provisions of an Act of the Consolidated Statutes for Upper Canada, intituled : An Act respecting New Trials and Appeals and Writs of Error in Criminal cases in Upper Canada.
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