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marginal notes however, and references to former enactments which may appear thereon being held to form no part of the said Statutes but to be inserted for convenience of reference only.

the Consolida

4. The Governor in Council, after such deposit of the said Proclamation last mentioned Roll, may by Proclamation, declare the day on, for bringing from and after which the same shall come into force and have ted Statutes effect as law by the designation of "The Consolidated Statutes into force on a certain day, for Upper Canada."

By Proclamation dated the 9th day of November, 1859, the Governor-General declared the 5th December, 1859, as the day on which the Con. Stat. U. C. should come into effect.

shall be in

5. On, from and after such day, the same shall accordingly on and after come into force and effect as and by the designation of "The that day, they Consolidated Statutes for Upper Canada," to all intents as force-and the though the same were expressly embodied in and enacted by enactments this Act, to come into force and have effect on, from and after such day; and on, from and after the same day, all the enactments in the several Acts and parts of Acts in such amended Schedule A mentioned as repealed, shall stand and be repealed, save only as hereinafter is provided.

embodied in them repealed.

Exception.

&c., anterior to

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 The repeal of the said Acts and parts of Acts shall not Saving as to revive any Act or provision of law repealed by them; nor shall transactions, the said repeal prevent the effect of any saving clause in the the repeal.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 laws formerly in force,-to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply.

Certain mat

ters anterior to

7. The repeal of the said Acts and parts of Acts shall not the repeal not affect

to be affected by it,

1. Any penalty, forfeiture or liability, civil or criminal, in- Penalties, &c. curred before the time of such repeal, or any proceedings for 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.

Offices, &c

Marriage.

Any other matters, &c.

But the same to remain valid, &c.

And may be

and under

what laws.

had, done, made, acquire d, established or existing at the time of such repeal,

5. Nor any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal,

6. Nor any marriage, certificate or registry thereof, lawfully 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;

8. But every

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 Upper Canada, so far as applicable thereto, and subject to the provisions of the said several Statutes and Laws.

Consolidated

be deemed new

8. The said Consolidated Statutes shall not be held to operate Statutes not to 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.

Laws.

How construed

they differ from

9. But if upon any point the provisions of the said Consoliif in any case dated Statutes are not in effect the same as those of the repealed Acts and parts of Acts for which they are substituted, then as respects all transactions, matters and things subsequent to the

the repealed Acts, &c.

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.

ences to

10. Any reference in any former Act remaining in force, or As to referin any instrument or document, to any Act or enactment so repealed Acts, repealed, shall after the Consolidated Statutes take effect, be in former Acts, held as regards any subsequent transaction, matter or thing, to &c. be a reference to the enactments in the Consolidated Statutes having the same effect as such repealed Act or enactment.

insertion of an

11. The insertion of any Act in the said Schedule A shall As to effect of not be construed as a declaration that such Act or any part of Act in Scheit was or was not in force immediately before the coming into dule A. force of the said Consolidated Statutes.

12. Copies of the said Consolidated Statutes printed by the Copies by Queen's Prin. Queen's Printer from the amended Roll so deposited, shall be ter to be received as evidence of the said Consolidated Statutes in all evidence. Courts and places whatsoever.

13. Relates to translation into French.

14. Relates to Distribution.

form part of

15. This Act shall be printed with and shall form the first This Act to Chapter of the said Consolidated Statutes, and shall be subject Consolidated to the rules of construction prescribed in the second Chapter Statutes. thereof;-And any Chapter of the said Statutes may be cited How they may 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 by the Queen's Printer or by its short title.

be cited.

C. S. U. C. CAP. 2.

An Act respecting the Interpretation of certain words and terms therein mentioned.

To prevent the unnecessary multiplication of words and to

give definite meanings to certain words and expressions which may be provided for by a General Law: Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

What to con-
stitute "The

Consolidated
Statutes of Up-

per Canada."

Meaning of the

Queen," "The

The following sections of C. S. U. C. c. 2, are not identical with any provisions of 31 V. c. 1. They are applicable only to the C. S. U. C. Those Sections or Sub-sections which are identical with clauses of 31 V. c. 1, are indicated by their numbers and references to those Sections or Sub-sections of 31 V. c. 1, to which they respectively correspond.

1. The foregoing Act, this Act and the following series of Acts shall apply to Upper Canada only, and shall constitute the Consolidated Statutes of Upper Canada exclusively; and in pleading, citing or otherwise referring to them or any of them, it shall be sufficient to use the expression "The Consolidated Statutes for Upper Canada," adding the Chapter when necessary.

2. Unless otherwise declared or indicated by the contextwords "The The words "Her Majesty," "The Queen," or "The Crown," Crown." wherever used in the Consolidated Statutes of Upper Canada shall mean Her Majesty, Her Heirs and Successors.

Meaning of the 3. The word "Governor" shall include the Governor, Lieuwords "The Governor." tenant-Governor, or person administering the Government.

Meaning of
the word
"Proclama-
tion."

When Proclamation to be by Order in Council.

The words

4. The word "Proclamation" when not otherwise expressed shall mean a Proclamation under the Great Seal of Canada, the word "Great Seal" shall mean the Great Seal of this Province.

5. When the Governor is authorized to do an Act by Proclamation, it shall, unless otherwise expressed, mean a Proclamation issued under the Great Seal by order of the Governor in Council.

6. The words "Upper Canada" shall mean that part of this "Upper Cana- Province which formerly constituted the Province of Upper Canada.

da.'

The word " County."

The words Superior Courts."

The words "Superior Courts of

7. The word "County" shall include United Counties.

8. The words "Superior Courts" shall mean the Court of Queen's Bench, the Court of Common Pleas and the Court of Chancery.

9. The words "Superior Courts of Common Law," shall mean the two former, and "Court of Equity" shall mean the Common Law." Court of Chancery.

As to number or Gender.

The Interpretation

10. Identical with 31 V. c. 1, sec. 7 (10). See page 4.

11. The interpretation clause of the Act respecting Munitation Mause, cipal Institutions shall, so far as the terms explained are respectively applicable, extend to each of the following Consolidated Statutes which relate to any such Municipalities.

pal Act ap

plied.

"Person."

12. The word "Person" shall include any body corporate The word or politic, or party, and the heirs, executors, administrators, or other legal representatives of such person to whom the context applies.

13. The word "Month shall mean a Calendar month, and The words the word "Year" a Calendar year.

"Month and Year."

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Oath, Affirmation," &c.

14. The word "Oath" shall mean any oath lawfully admin- The words istered, and shall include a Solemn Affirmation whenever an affirmation may be made instead of an oath, and in like cases the word "Sworn" shall include the word "Affirmed."

&c.

15. In every case where an oath or affirmation is directed or Who may adauthorized to be made before any Court, person or officer, such minister oath, Court, person or officer shall have full power and authority to take and administer the oath or affirmation; and the wilful and corrupt making of any false statement in any such oath or affirmation, shall be wilful and corrupt perjury, and the wilful and corrupt making of any false statement in any declaration required or authorized by any of the Consolidated Statutes of Upper Canada, shall be a misdemeanor punishable as wilful and corrupt perjury.

16. The words "Justice of the Peace," shall include a Magis. trate or two or more Justices of the Peace or Magistrates assembled or acting together; and if anything be directed to be done by or before a Magistrate or a Justice of the Peace or other Public Officer or Functionary, it shall be done by or before one whose jurisdiction or powers extend to the place where such thing is to be done, and whenever power is given to any person, Officer or Functionary to do or enforce any act or thing, all necessary powers to enable him to do or enforce such act or thing shall be implied.

The words

"Justice of

the Peace."

17. When any act or thing is required to be done by more A majority to than two persons, a majority of them shall be sufficient, unless form a Quootherwise specially provided.

rum.

18. Unless otherwise provided or there be something in the Unless othercontext or other provisions of the Act indicating a different wise provided. meaning or calling for a different construction:

considered as

(1.) The law in the last Act, and in the following series of The Acts to be Acts, is to be considered as always speaking, and whenever always speakany matter or thing is expressed in the present tense, the same ing. is to be applied to the circumstances as they arise, so that effect may be given to each Act and every part thereof according to its spirit, true intent and meaning;

(2.) Identical with 31 V. c. 1, sec. 6 (3). See page 3.

Force of words
"shall"
"may."

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