the enact "The Consolidated Statutes of Canada," to all intents as they shall be though the same were expressly embodied in and enacted by in force-and this Act, to come into force and have effect on, from and after ments embodsuch day; and on, from and after the same day, all the enact- ied in them ments in the several Acts and parts of Acts in such amended Schedule A mentioned as repealed shall stand and be repealed Exception. -save only as hereinafter is provided. repealed. &c., anterior 6. The repeal of the said Acts and parts of Acts shall not Saving as to revive any Act or provision of law repealed by them: nor shall transactions, the said repeal prevent the effect of any saving clause in the to the repeal. said Acts and parts of Acts, or the application of any of the said Acts or parts of Acts or of any Act or provision of law formerly in force, to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply. 7. The repeal of the said Acts and parts of Acts shall not Certain mataffect ters anterior to the repeal not to be affected 1. Any penalty, forfeiture or liability, civil or criminal, in- by it, curred before the time of such repeal, or any proceedings for Penalties, &c. enforcing the same, had, done, completed or pending at the time of such repeal, 2. Nor any indictment, information, conviction, sentence or Indictments, prosecution had, done, completed or pending at the time of such &c. repeal,— 3. Nor any action, suit, judgment, decree, certificate, execu- Actions, &c. tion, process, order, rule or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal, 4. Nor any act, deed, right, title, interest, grant, assurance, Acts, deeds, descent, will, registry, contract, lien, charge, matter or thing, rights, &c. had, done, made, acquired, established or existing at the time of such repeal, 5. Nor any office, appointment, commission, salary, allowance, fices, &c. security, duty, or any matter or thing appertaining thereto, at the time of such repeal, 6. Nor any marriage, certificate or registry thereof, lawfully Marriages, &c had, made, granted or existing before or at the time of such repeal, 7. Nor shall such repeal defeat, disturb, invalidate or prejudicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal; Any other matters, &c. But the same shall remain valid, &c. 8. But every And may be and under what laws. Such penalty, forfeiture and liability, and every such Indictment, information, conviction, sentence and prosecution, and every such Action, suit, judgment, decree, certificate, execution, process, order, rule, proceeding, matter or thing, and every such Act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, and every such Office, appointment, commission, salary, allowance, security and duty, and every such Marriage, certificate and registry, and every such other matter and thing, and the force and effect thereof, respectively, May and shall, both at law and in equity, remain and conenforced, &c., tinue as if no such repeal had taken place, and, so far as necessary, may and shall be continued, prosecuted, enforced and proceeded with under the said Consolidated Statutes and other the Statutes and Laws having force in this Province, so far as applicable thereto, and subject to the provisions of the said several Statutes and Laws. Consolidated How construed if in any case they differ from the re 8. The said Consolidated Statutes shall not be held to operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the said Acts and parts of Acts so repealed, and for which the said Consolidated Statutes are substituted. 9. But if upon any point the provisions of the said Consolidated Statutes are not in effect the same as those of the repealed Acts and parts of Acts for which they are substituted, pealed Acts, then as respects all transactions, matters and things subsequent &c. As to refer ences to re &c. to the time when the said Consolidated Statutes take effect, the provisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, the provisions of the said repealed Acts and parts of Acts shall prevail. 10. Any reference in any former Act remaining in force, or pealed Acts, in in any instrument or document, to any Act or enactment so reformer Acts, pealed, shall after the Consolidated Statutes take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enactments in the Consolidated Statutes having the same effect as such repealed Act or enactment. As to effect of 11. The insertion of any Act in the said Schedule A shall insertion of an not be construed as a declaration that such Act or any part of it was or was not in force immediately before the coming into Act in Scheforce of the said Consolidated Statutes. dule A. Printer to be 12. Copies of the said Consolidated Statutes printed by the Copies by Queen's Printer from the amended Roll so deposited, shall be Queen's received as evidence of the said Consolidated Statutes in all evidence. Courts and places whatsoever. statutes. 13. The Interpretation Act contained in the said Consoli- Interpretation dated Statutes, shall apply to them and to this Act;-and in of the said construing this Act or any Act forming part of the said Statutes, unless it be otherwise provided, or there be something in the context or other provisions thereof indicating a different meaning or calling for a different construction: (1.) The enactments in such Act apply to the whole Province Extent of of Canada; (2.) Identical with 31 V. c. 1, sec. 6 (2), ante page 3. (3.) Identical with 31 V. c. 1, sec. 6 (3), ante page 3. (4.) Identical with 31 V. c. 1, sec. 6 (4), ante page 3. (5.) Identical with 31 V. c. 1, sec. 8, ante page 9. Enactments. Law to be "Herein." and "Quorum." (6.) The word "Proclamation" means a Proclamation under "Proclamathe Great Seal, and the expression "Great Seal" means the tion." Great Seal of the Province of Canada; (7.) When the Governor is authorized to do any act by Proclamation, suck Proclamation is to be understood to be a Proclamation issued under an Order of the Governor in Council; but it shall not be necessary that it be mentioned in the Proclamation that it is issued under such Order. (8.) Identical with 31 V., c. 1, sec. 7 (9), ante page 4. "Proclama tion." "County." Versions. 14. If upon any point there be a difference between the As to English English and the French versions of the said Statutes, that ver- and French sion which is most consistent with the Acts consolidated in the said Statutes shall prevail. 15. Relates to distribution of copies. printed with 16. This Act shall be printed with the said Consolidated This Act to be Statutes and shall be subject to the same rules of construction the said as the said Consolidated Statutes;-And any Chapter of the statutes. said Statutes may be cited and referred to in any Act and proceeding whatever, Civil and Criminal, either by its title as an Act, or by its number as a Chapter in the copies printed be cited. by the Queen's Printer,-or by its short title. - 17. Relates to printing of Imperial Acts with the C. S. of Can. How they may Former enacting clause to be disused. C. S. CAN. CAP. 5. An Act respecting the Provincial Statutes. The following sections and sub-sections of C. S. C. c. 5, are not identical with any provisions of 31 V. c. 1. They are applicable only to the C. S. C., and 2. S. U. C., and Statutes of the Province of Canada. Those sections and sub-sections which are identical with clauses in 31 V. c. 1, are not printed here but are indicated by numbers and references to the sections or sub-sections of 31 V. c. 1 (printed ante), to which they respectively answer. HE ER Majesty, by and with the advice and consent of the follows: FORM OF ENACTING. 1. The following words, formerly inserted in the Preamble of Statutes and indicating the authority by virtue of which they are passed: "Be it therefore enacted by the Queen's Most "Excellent Majesty, by and with the advice and consent of "the Legislative Council and of the Legislative Assembly of "the Province of Canada, constituted and assembled by virtue "of and under the authority of an Act passed in the Parliament "of the United Kingdom of Great Britain and Ireland, and "intituled, An Act to re-unite the Provinces of Upper and "Lower Canada, and for the Government of Canada, and it is Another form "hereby enacted by the authority of the same as follows:" having been disused and replaced by the words following, "Her Majesty, by and with the advice and consent of the Legisla"tive Council and Assembly of Canada, enacts as follows: The said last mentioned form shall continue to be used. substituted. Clauses to fol low in a con eise form. To what Acts tion clauses of apply. 66 2. Identical with 31 V., c. 1, sec. 2. See page 1. INTERPRETATION. 3. This section and the fourth, fifth and sixth sections of this the Interpreta- Act, and each provision thereof, shall extend and apply to these this Act shall Consolidated Statutes of Canada, and to every Act passed in the Session held in the twelfth year of Her Majesty's Reign, or in any subsequent or future Session of the Provincial Parliament, except in so far as the provision is inconsistent with the intent and object of such Act, or the interpretation which such provision would give to any word, expression or clause is inconsistent with the context,-and except in so far as any provision thereof is in any such Act declared not applicable thereto;Nor shall the omission in any Act of a declaration that the Interpretation Act" shall apply thereto, be construed to prevent its so applying, although such express declaration may be inserted in some other Act or Acts of the same Session. Date of assent to be endorsed 66 4. The Clerk of the Legislative Council shall endorse on every on every Act. Act of the Parliament of this Province, immediately after the title of such Act, the day, month and year when the same was by the Governor assented to in Her Majesty's name, or reserved the same for the signification of Her Majesty's As to reserved pleasure thereon, and in the latter case, he shall also endorse Acts. thereon the day, month and year when the Governor has signified either by speech or message to the Legislative Council and Assembly, or by Proclamation, that the same was laid before Her Majesty in Council, and that Her Majesty was pleased to assent to the same. And such indorsement shall be Effect of such taken to be a part of such Act, and the date of such Assent or signification, as the case may be, shall be the date of the commencement of the Act, if no later commencement be therein provided. 5. This section, which related to amendments of Acts during same session, is effete. indorsement. 6. Subject to the limitations aforesaid, -in every Act of the Interpretation Parliament of this Province, to which this section applies : First. Identical with 31 V. c. 1, sec. 7 (1). See page 3. of certain words &c., viz : Her Majesty, &c. Secondly. The words "Governor," "Governor of this Pro- "Governor," vince," "Governor-General," or "Governor in Chief," shall &c. mean the Governor, Lieutenant-Governor, or person administering the Government of this Province for the time being; Council." Thirdly. The words "Governor in Council," shall mean- "Governor in the Governor, Lieutenant-Governor, or person administering the Government of this Province for the time being, acting by and with the advice of the Executive Council thereof; Fourthly. The words "Lower Canada," shall mean all that "Lower part of this Province which formerly constituted the Province Canada." of Lower Canada; Fifthly. The words "Upper Canada" shall mean all that "Upper part of this Province which formerly constituted the Province Canada." of Upper Canada. United Kingdom. Sixthly. Identical with 31 V. c. 1, sec. 7 (6). See page 4. United States. Seventhly. Identical with 31 V. c. 1, sec. 7 (10). See page 4. Eighthly The word "person," shall include any body corporate or politic, or party, and the heirs, executors, administrators or other legal representatives of such person, to whom the context can apply according to the law of that part of the Province to which such context extends. Names of places, officers, &c. Number and gender. "Person.”. Ninthly. Identical with 31 V. c. 1, sec. 7 (12). See page 4. "Writing" "written." |