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 (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.]
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 :
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 ;
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.
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.
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.
4. This Act may be altered, amended or repealed during the present Session of Parliament
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