Legislating the End to Public Hanging...A Clarification

A clarification on the legislation abolishing public hanging in Canada... I initially made the same error that John Melady makes in Double Trapped and attributed the move of hangings behind prison walls to Order-in-Council 1021. Upon a careful reading of the Order-In-Council, which, after I came to understand the nature of Orders-In-Council more clearly, was in accordance with an act of Parliament, "Act 32-33 Victoria c. 29," I realized that the Order-In-Council was only supplementing the legislation by creating additional rules and regulations related to hanging, including:

• Executions were to be carried out within the walls oft he prison in which the offender was confined at the time of execution
• Executions should take place at 8 am
• Hanging should continue to be the mode of execution
• A black flag was to be raised after an execution and remain up for one hour
• The prison bell (or the bell of a neighbouring church) was to ring for 15 minutes before and 15 minutes after an execution

After receiving a copy of "Act 32-33 Victoria c. 29" from the Library of Parliament it's clear that Section 109 of the Act, which went into effect 1 January 1870, is actually the legislation ending public hanging, declaring:

"Judgment of death to be executed on any prisoner after the coming into force of this Act, shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution."