sections, but no person shall be twice punished for the same offence.

ARTICLE 6.

ENUMERATION OF PUNISHMENTS. 1

The following punishments are inflicted by the law of Canada for the crimes hereinafter defined :-Death, imprisonment, whipping, fines, and putting under recognizance.

2

ARTICLE 7.

PUNISHMENT OF DEATH.

The punishment of death is inflicted by hanging the offender by the neck till he is dead.

ARTICLE 8.

PUNISHMENT OF IMPRISONMENT.

3 The punishment of imprisonment consists in the detention of the offender in prison, and in his subjection to the discipline appointed for prisoners during the period expressed in the sentence.

Imprisonment is of two kinds :

(i.) Imprisonment with hard labor.

(ii.) Imprisonment without hard labor.]

1 See S. D., Art. 1.

2 R. S. C. c. 181, ss. 5, 6; 54 Geo. 3, c. 146, s. 1: 24 & 25 Vict., c. 100, s. 2; S. D. Art. 2. With respect to the pronouncing of sentence of death, the judge's report, the treatment of prisoners under sentence of death, and the carrying of the same into execution, see R. S. C. c. 181, ss. 4-22 and the rules published with the Acts of the Parliament of Canada relating to the Criminal Law (1881) p. 199.

As to the judge's report and postponing execution in the North-West Territories and the District of Keewatin, see R. S. C. c. 50, s. 70, and c. 53, s. 27 (5).

[As to the history of the punishment of death and benefit of clergy, see 1 Hist. Cr. Law, 457-80.]

R. S. C. c. 181, s. 28 (7); S. D. Art. 4. [As to the history of the punishment of imprisonment, see 1 Hist. Cr. Law 483-7]. Solitary confinement, except as a matter of prison discipline or reformation, was abolished by R. S. C. c. 181, s. 34.

1

Every one who is liable to imprisonment for life or for any term of years, or other term, may be sentenced to imprisonment for any shorter term: Provided, that no one shall be sentenced to any shorter term of imprisonment than the minimum term, if any, prescribed for the offence of which he is convicted.

2 Every one who is sentenced to imprisonment for life, or for a term of years not less than two, must be sentenced to imprisonment in the penitentiary for the Province in which the conviction takes place :

Every one who is sentenced to imprisonment for a term less than two years must if no other place is expressly mentioned, be sentenced to imprisonment in the common gaol of the district, county or place in which the sentence is pronounced, or if there is no common gaol there, then in that common gaol which is nearest to such locality, or in some lawful prison or place of confinement other than a penitentiary, in which the sentence of imprisonment may be lawfully executed:

But any prisoner sentenced for any term by any military, naval or militia court martial, or by any military or naval authority under any Mutiny Act, may be sentenced to imprisonment in a penitentiary.

The term of imprisonment, in pursuance of any sentence, shall, unless otherwise directed in the sentence, commence on and from the day of passing such sentence, but no time during which the convict is out on bail shall be reckoned as part of the term of imprisonment to which he is sentenced.

for the Province of Ontario, in the Andrew Mercer Ontario Reformatory for females, and in any reformatory prison for females in the Province of Quebec, is with hard labor, whether so directed in the sentence or not:

1

1 Imprisonment in a common gaol or a public prison other than those last mentioned,—

(a.) may be with or without hard labor in the discretion of the court or person passing sentence if the offender is convicted on indictment or under "The Speedy Trials Act," or before a Judge of the Supreme Court of the NorthWest Territories;

(b.) may in other cases be with hard labor, if hard labor is part of the punishment for the offence of which such offender is convicted.

And if such imprisonment is to be with hard labor the sentence must so direct.

2 ARTICLE 10.

REFORMATORIES.

3 The court or person before whom any offender whose age at the time of his trial does not, in the opinion of the court, exceed sixteen years is convicted, whether summarily or otherwise, of any offence punishable by imprisonment, may sentence such offender to imprisonment in any reformatory prison in the Province in which such conviction takes place, subject to the provisions of any Act respecting imprisonment in such reformatory; and such imprisonment shall be substituted, in such case, for

1 R. S. C. c. 181, s. 28 (5) as enacted in 51 Vict. (D.) c. 47, s. 1.

2 S. D. Arts. 10, 21.

3 R. S. C. c. 181, s. 29; 29 & 30 Vict. c. 117, s. 14. As to the imprisonment of boys under sixteen and females in reformatories see R. S. C. c. 183 ss. 25-30 (Ontario Reformatory for boys); ss. 31-33 (The Andrew Mercer Ontario Reformatory for females); ss. 39-41 (The Ontario Industrial Refuge for girls); ss. 42-48 (General provisions in respect of such reformatories); ss. 49-54 (Reformatory School for Boys in Quebec); ss. 55-58 (Reformatory prisons for females in Quebec); ss. 61-64 (The Halifax Industrial School); ss. 65-71 (The Halifax Reformatory School for boys of the Roman Catholic faith) ss. 72-74 (Reformatory prison Prince Edward Island).

C

the imprisonment in the penitentiary or other place of confinement by which the offender would otherwise be punishable under any Act or law relating thereto :

Provided, that the sentence must not in any case be less than two years nor more than five years' confinement in such reformatory prison; and in every case where the term of imprisonment is fixed by law to be more than five years, then such imprisonment must be in the penitentiary. Every person imprisoned in a reformatory is liable to perform such labor as is required of such person.

'ARTICLE 11.

WHIPPING.

2 Whenever whipping may be awarded for any offence, the court may sentence the offender to be once, twice or thrice whipped, within the limits of the prison under the supervision of the medical officer of the prison; and the number of strokes and the instrument with which they shall be inflicted shall be specified by the court in the sentence; and, whenever practicable, every whipping shall take place not less than ten days before the expiration of any term of imprisonment to which the offender is sentenced for the offence:

Whipping shall not be inflicted on any female.

1 S.D. Art 12.

2 R.S.C. c. 181, s. 30.

[When no special provisions are made as to the punishment of whipping, the number of strokes and the instrument to be used are left to the discretion of the person by whom the whipping is inflicted. Such was the practice when whipping was inflicted as a common law punishment, and such must still be the practice where no statutory directions are given as to the mode of inflicting it. The only limitation is contained in the declaration of the Bill of Rights against "illegal and cruel punishments" (1 W. & M. sess. 2, c. 2, preamble).

As to the law in England see S.D. Art. 12 and notes. 25 & 26 Vict. c. 18, s. 1; 24 & 25 Vict. c. 96, s. 119; c. 97, s. 75; c. 100, s. 70; 26 & 27 Vict. c. 44, s. 1.

[The punishment of fining consists in ordering the offender to pay to Her Majesty a sum of money expressed in the sentence.]

2 Every one who is convicted of any misdemeanor may, in addition to or in lieu of any other punishment otherwise authorized, be fined.

3 Whenever a fine may be awarded or a penalty imposed for any offence, the amount of such fine or penalty is, within such limits, if any, as are prescribed in that behalf, in the discretion of the court or person passing sentence or convicting, as the case may be.

[When no particular sum is limited as the maximum amount of a fine, the fine imposed must not be excessive.

5 ARTICLE 13.

PUTTING UNDER RECOGNIZANCES.

[The punishment of putting under recognizances consists in ordering the offender to promise to pay to Her Majesty a sum of money expressed in the recognizance if he breaks the condition thereof, and to find other persons to make a similar promise on his behalf and as his sureties.

In cases in which the court or magistrate is authorized to require such securities, they may direct the offender to be imprisoned till he enters into the recognizance and finds the sureties.]

"Every one who is convicted of any felony or misde

1S.D. Art. 13.

R.S.C. c. 181, s. 31 (2); 24 & 25 Vict. c. 96, s. 117, c. 97, s. 73, c. 98, s. 51. c. 99, s. 38, c. 100, s 71.

R.S.C. c. 181, s. 33.

4 [1 W. & M. sess. 2, c. 2. See also Magna Charta, Salvo contenemento suo.']

5 S.D Art. 14.

R.S.C. c. 181, s. 31; 24 & 25 Vict. c. 96, s. 117, c. 97, s. 73, c. 98, s. 51, c. 99, s. 38, c. 100, s.

71.