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Contravention of Acts.


for contravention in certain


Recovery of

pecuniary pe

is provided.

Tenthly. Identical with 31 V. e. 1, sec. 7 (13).

Eleventhly. Identical with 31 V. c. 1, sec. 7 (14).

See page 4.

See page 5.

Twelfthly. The word "holiday" shall include Sundays, New Year's Day, the Epiphany, the Annunciation, Good-Friday, the Ascension, Corpus Christi, St. Peter and St. Paul's Day, all Saints' Day and Christmas Day,-and any day appointed by Proclamation for a General Fast or Thanksgiving.

Thirteenthly. The word "oath" shall be construed as meaning a solemn affirmation whenever the context applies to any person and case by whom and in which a solemn affirmation may be made, instead of an oath, and in every case where an oath or affirmation is directed to be made before any person or officer, such person or officer shall have full power and authority to administer the same, and to certify its having been made :-and the wilful making of any false statement in any such oath or affirmation shall be wilful and corrupt perjury;-and the wilful making of any false statement in any declaration required or authorized by any such Act as aforesaid, shall be a misdemeanor punishable as wilful and corrupt perjury.

Fourteenthly. The words "Registrar" or "Register" in any such Act, applying to the whole Province, shall mean and include indifferently Registrars and Registers in Lower Canada and in Upper Canada, and their Deputies respectively.

Fifteenthly. Any wilful contravention of any such Act as aforesaid, which is not made any offence of some other kind, shall be a misdemeanour, and punishable accordingly.

Sixteenthly. Whenever any wilful contravention of any such Act is made an offence of any particular kind or name, the person guilty of such contravention shall, on conviction thereof, be punishable in the manner in which such offence is by law punishable.

Seventeenthly. Whenever any pecuniary penalty or any fornalties when feiture is imposed for any contravention of any such Act as no other mode aforesaid, then, if no other mode be prescribed for the recovery thereof, such penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself, in any form allowed in such case by the law of that part of the Province where it is brought, before any Court having jurisdiction to the amount of the penalty in cases of simple contract,-upon the evidence of any one credible witness other than the Plaintiff or party interested; And if no other provision be made for the appropriation of such penalty or forfeiture, one half thereof shall belong to the Crown, and the other half shall belong to the private plaintiff, if any there be, and if there be none, the whole shall belong to the Crown.

propriated to

Eighteenthly. Any duty, penalty or sum of money, or the Penalties not proceeds of any forfeiture, which is by any such Act as afore- otherwise ap said given to the Crown, shall, if no other provision be made form part of respecting it, form part of the Consolidated Revenue Fund of Con. Rev. this Province, and be accounted for and otherwise dealt with accordingly.


for moneys

Nineteenthly. If any sum of the public money be, by any Paying and such Act as aforesaid, appropriated for any purpose or directed accounting to be paid by the Governor,-then, if no other provision be appropriated made respecting it, such sum shall be payable under Warrant by Statute. of the Governor directed to the Receiver General, out of the Consolidated Revenue Fund of this Province: And all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form, with such vouchers, at such periods and to such Officer, as the Governor may direct.

Twentiethly. Identical with 31 V. c. 1, sec. 7 (25). See p. 7. Magistrate

Twenty-firstly. If in any such Act as aforesaid, any party is directed to be imprisoned or committed to prison, such imprisonment or committal shall, if no other place be mentioned or provided by law, be in or to the common gaol of the locality in which the order for such imprisonment is made, or if there be no common gaol there, then in or to that common gaol which is nearest to such locality; and the keeper of any such common gaol shall receive such person, and him safely keep and detain in such common gaol under his custody until discharged in due course of Law, or bailed in cases in which bail may by Law be taken.

Justices. Power to do any Act to include all necessary powers for doing it.

Imprisonment where to be cial place is

when no spe


Twenty-secondly. Identical with 31 V. c. 1, sec. 7 (27). See Power to appage 7.

point to include power to remove, &c.

Twenty-thirdly. Identical with 31 V. c. 1, sec. 7 (28). See Name of office

page 7.

to include Successor's Deputy.

Twenty-fourthly. Identical with 31 V. c. 1, sec. 7 (30). See Words consti

page 7.

Twenty-fifthly. No provision or enactment in any such Act, as aforesaid, shall affect in any manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, unless it


tuting a corporation to vest certain powers in it.

Not to authorize banking.

Acts not to

affect the Crown, &c.,

unless express

ly declared se to do.

Power to amend any


And if it be a
Bank Act.

Public Act.

expressly stated therein that Her Majesty shall be bound thereby; nor shall it affect the rights of any person or of any body politic, corporate or collegiate (such only excepted as are therein mentioned), unless such Act is a Public General Act.

Twenty-sixthly. Every such Act as aforesaid shall be so construed as to reserve to the Legislature the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revocation, restriction or modification is deemed by the Legislature to be required for the public good; And unless it is otherwise expressly provided in any such Act passed for chartering any Bank, it shall be in the discretion of the Legislature at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as to the said Legislature appears expedient.

Twenty-seventhly. If any such Act as aforesaid be declared to be a Public Act, such declaration shall be construed as an enactment that such Act shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleadPrivate Act. ed;-And every such Act which shall not, either by its nature or by express provision, be a Public Act, shall be deemed a Private Act, and shall be judicially noticed only when specially pleaded;-And all copies of any such Acts, public or private, Printed copies printed by the Queen's Printer, shall be evidence of such Acts and of their contents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shewn.

of Acts.

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Twenty-eighthly. The Preamble of every such Act as aforesaid shall be deemed a part thereof intended to assist in explaining the purport and object of the Act;-And every such Act and every provision or enactment thereof, shall be deemed remedial, whether its immediate purport be to direct the doing of any thing which the Legislature deems to be for the public good, or to prevent or punish the doing of any thing which it deems contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Act and of such provision or enactment, according to their true intent, meaning and spirit.

Twenty-ninthly. Nothing in this Section shall exclude the application to any such Act as aforesaid, of any Rule of Construction applicable thereto, and not inconsistent with this Section, or to exclude the application of any Rule of Construction in this Section to any Act passed in any Session before that held in the twelfth year of Her Majesty's Reign, if without this Section such Rule would have been applicable thereto.

Thirtiethly. The provisions of this Section shall apply to the This section to construction thereof, and to the words and expressions used apply to words,


7 This Section related to duty of Clerk of Council to furnish Queen's Printer with copy of Statutes, and is effete.

8. This Section related to distribution of Statutes, and is effete.

9. This Section related to duty of the Provincial Secretary in regard to distribution of Statutes, and is effete.

10. This section related to disposal of copies of Statutes remaining after distribution, and is effete.

11. This Section related to binding of Statutes, and is effete.

12. This Section related to Report of Queen's Printer, and is effete.

13. This Section related to parties obtaining Private Acts, and is effete.


&c., in this Act.

conclusive evi

14. Any copy of the Statutes and Ordinances of the late Copies of Acts of L. C. printed Province of Lower Canada, printed and published by the by Queen's Printer duly authorized to print and publish the same by Her Printer to be Majesty, or by any of Her Royal Predecessors, shall be received dence thereof. as conclusive evidence of the several Statutes made and enacted prior to the Union of the Provinces of Upper and Lower Canada, by the Legislature of the Province of Lower Canada, and of the tenor of such Statutes and Ordinances, in any Court of Civil or Criminal Jurisdiction in Upper Canada.

The latter part of this Section relates to proof of Statutes in Lower Canada, and is not printed.

15. This Act may be cited as "The Interpretation Act."

Short Title of this Act.

C. S. U. C. CAP. I.

An Act respecting the Consolidated Statutes for
Upper Canada.


[Assented to 4th May, 1859.]

HEREAS it has been found expedient to revise, classify Preamble
and consolidate the Public General Statutes which

apply exclusively to Upper Canada, including both those pas-
sed by the Legislature of the late Province of Upper Canada,

vised, &c., to


and those passed by the Parliament of Canada;-And whereas such revision, classification and consolidation have been made accordingly; And whereas it is expedient to provide for the incorporation therewith of the Public General Statutes passed during the present Session in so far as the same affect Upper Canada exclusively, and for giving the force of law to the body of Consolidated Statutes to result from such incorporation : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Original Roll 1. The printed Roll attested as that of the said Statutes so of Statutes re- revised, classified and consolidated as aforesaid, under the be certified and signature of His Excellency the Governor-General, that of the Clerk of the Legislative Council and that of the Clerk of the Legislative Assembly, and deposited in the office of the Clerk of the Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto anAs to marginal nexed; but the marginal notes thereon, and the references to

notes, mis

prints, &c.

former enactments at the foot of the several sections thereof form no part of the said Statutes, and shall be held to have been inserted for convenience of reference only, and may be omitted or corrected, and any mis-print or clerical error in the said Roll may also be corrected, in the Roll hereinafter mentioned.

Governor may 2. The Governor may select such Acts and parts of Acts Cause the lepassed during the present Session, as he may deem it advisable gislation of this Session to to incorporate with the said Statutes contained in the said first be incorporat- mentioned Roll, and may cause them to be so incorporated Statutes in the therewith, adapting their form and language to those of the

ed with the

said Roll.

Session to be

said Statutes (but without changing their effect), inserting them in their proper places in the said Statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering of the chapters and sections, if need be, and adding to the said Schedule A a list of the Acts and parts of Acts of the present Session so incorporated as aforesaid; and the Governor may direct that all sums of money stated in the said Roll in Halifax currency, be converted into dollars and cents, in all cases where it can be conveniently done.

Certified Roll 3. So soon as the said incorporation of such Acts and including the legislation of parts of Acts with the said Statutes, and the said addition to the present the said Schedule A shall have been completed the Governor deposited and may cause a correct printed Roll thereof attested under his signature and countersigned by the Provincial Secretary, to be original there- deposited in the office of the Clerk of the Legislative Council, which roll shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as repealed in the amended Schedule A thereto annexed; any

serve as the


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