conveniently may be before a justice of the peace of the county in which the same is executed, and such justice shall thereupon make out his warrant under his hand and seal for the recommitment of such convict to the penitentiary from which he was released by virtue of the said license, and such convict shall be so recommitted accordingly, and shall thereupon be remitted to his original sentence, and shall undergo the residue thereof penitentiary. as if such license had been not granted. Provided that if the place where such convict is apprehended is not within the province, territory or district for which such penitentiary is the penitentiary, such convict shall be committed to the penitentiary for the province, territory or district within which he is so apprehended and shall there undergo the residue of his Recommit ment to Form of license. Variation in conditions to Parliament. sentence. 4. A license under section 1 may be in the form A in the schedule to this Act, or to the like effect, or may, if the Governor General thinks proper, be in any other form different from that given in the schedule which he may think it expedient to adopt, and contain other and different conditions. 2. A copy of any conditions annexed to any such license, be laid before other than the conditions contained in form A shall be laid before both Houses of Parliament within twenty-one days after the making thereof, if Parliament be then in session, or if not, then within fourteen days after the commencement of the next session of Parliament. Conviction to forfeit license. Holder of license to notify his address and all changes thereof. Reports to police. 5. If any holder of a license under this Act is convicted of any indictable offence his license shall be forthwith forfeited. 6. Every holder of such a license who is at large in Canada shall notify the place of his residence to the chief officer of police or the sheriff of the city, town, county or district in which he resides, and shall, whenever he changes such residence within the same city, town, county or district, notify such change to the said chief officer of police or sheriff, and whenever he is about to leave a city, town, county or district he shall notify such his intention to the chief officer of police or sheriff of that city, town, county or district, stating the place to which he is going, and also, if required, and so far as is practicable, his address at that place, and whenever he arrives. in any city, town, county or district he shall forth with notify his place of residence to the chief officer of police or the sheriff of such last-mentioned city, town, county or district. 2. Every male holder of such a license shall, once in each month, report himself at such time as may be prescribed by the chief officer of police or sheriff of the city, town, county or district in which such holder may be, either to such chief officer or sheriff' himself, or to such other person as he may direct, and such report may according as such chief officer or sheriff directs be required to be made personally or by letter. 3. If any person to whom this section applies fails to com- Penalty. ply with any of the requirements of this section, he shall in any such case be guilty of an offence against this Act, unless he proves to the satisfaction of the court before whom he is tried, either that being on a journey he tarried no longer in the Exceptions. place in respect of which he is charged with failing to notify his place of residence than was reasonably necessary, or that, otherwise, he did his best to act in conformity with the law; and on summary conviction of such offence he shall be liable in the discretion of the justice either to forfeit his license or to imprisonment with or without hard labour for a term not exceed ing one year. 4. The Governor General may, by order under the hand Remission of of the Secretary of State, remit any of the requirements of this penalties. section either generally or in the case of any particular holder of a license. Offences with respect to 7. Any holder of a license under this Act who(a.) fails to produce the same whenever required so to do by license. any judge, police or other magistrate, or justice of the peace, before whom he may be brought charged with any offence, or by any peace officer in whose custody he may be, and fails to make any reasonable excuse for not producing the same; or (b.) breaks any of the other conditions of his license by an Penalty. act which is not of itself punishable either upon indictment or upon summary conviction, is guilty of an offence upon summary conviction of which he shall be liable to imprisonment for three months with or without hard labour. 8. Any peace officer may take into custody without warrant Arrest withany convict who is the holder of such a license, out warrant in certain (a.) whom he reasonably suspects of having committed any cases offence, or (b.) if it appears to such peace officer that such convict is getting his livelihood by dishonest means; and may take him before a justice to be dealt with ac- Trial. cording to law. 2. If it appears from the facts proved before the justice that Forfeiture there are reasonable grounds for believing that the convict so of license. brought before him is getting his livelihood by dishonest means such convict shall be deemed guilty of an offence against this Act, and his license shall be forfeited. 3. Any convict so brought before a justice of the peace may be convicted of getting his livelihood by dishonest means although he has been brought before the justice on some other charge, or not in the manner provided for in this section. 9. When any holder of a license under this Act is convicted Certificate of of an offence punishable on summary conviction under this or conviction. any other Act the justice or justices convicting the prisoner shall forthwith forward by post a certificate in the form B Form. Revocation of license. Conviction and sentence in the schedule to this Act to the Secretary of State, and thereupon the license of the said holder may be revoked in manner aforesaid. 10. The conviction and sentence of any convict to whom a in force during license is granted under this Act shall be deemed to continue in force while such license remains unforfeited and unrevoked, although execution thereof is suspended. period of license. When license forfeited original term of imprisonment to be undergone after other punishment. Duty of 11. When any such license as aforesaid is forfeited by a conviction of an indictable offence or other conviction, or is revoked in pursuance of a summary conviction or otherwise, the person whose license is forfeited or revoked shall, after undergoing any other punishment to which he may be sentenced for any offence in consequence of which his license is forfeited or revoked, further undergo a term of imprisonment equal to the portion of the term to which he was sentenced that remained unexpired at the time his license was granted, and shall for the purpose of undergoing such last mentioned punishment be removed from the jail or other place of confinement in which he is, if it be not a penitentiary, to a penitentiary by warrant under the hand and seal of any justice having jurisdiction at the place where he is confined; and if he is confined in a penitentiary shall undergo such term of imprisonment in that penitentiary, and in every case such convict shall be liable to be dealt with in all respects as if such term of imprisonment had formed part of his original sentence. 12. It shall be the duty of the Minister of Justice to advise the Governor General upon all matters connected with or affecting the administration of this Act. sentenced to imprisonment in the........ and is now confined in the license to be at large from the day of his liberation under this order during the remaining portion of his term of imprisonment, unless the said....... ....shall before the expiration of the said term be convicted of an indictable offence within Canada, or shall be summarily convicted of an offence involving forfeiture, in which case such license will be immediately forfeited by law, or unless it shall please His Excellency sooner to revoke or alter such license. This license is given subject to the conditions endorsed upon the same upon the breach of any of which it will be liable to be revoked whether such breach is followed by a conviction or not. And His Excellency hereby orders that the said ......... .....be set at liberty within thirty days from the date of this order. 1. The holder shall preserve his license and produce it when called upon to do so by a magistrate or a peace officer. 2. He shall abstain from any violation of the law. 3. He shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes. 4. He shall not lead an idle and dissolute life without visible means of obtaining an honest livelihood. If his license is forfeited or revoked in consequence of a conviction for any offence he will be liable to undergo a term of imprisonment equal to the portion of his term ot..... years which remained unexpired when his license was granted, viz. the term of....... Form B. . years. FORM OF CERTIFICATE OF CONVICTION. I do hereby certify that A. B., the holder of a license under the Act to provide for the conditional liberation of Penitentiary Convicts was on the........ ....day of...... the year......... duly convicted by and before.... of the offence of..... .and sentenced to.. ...in J. P., Co...... OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |