Imágenes de páginas

And of" herein."

(3.) Identical with 31 V. c. 1, sec. 6 (4).

See page 3.

The Interpre

Canada to

19. The provisions contained in the Interpretation Act of

tation Act of Canada, and not contained in this Act, shall also apply to the Consolidated Statutes for Upper Canada, as if incorporated herein.



Sect, 3, of Cap. 1, 31 Vict., corrected.

31 VICT. CAP. 28.

An Act to amend an Act, intituled: An Act respecting the Statutes of Canada.


[Assented to 22nd May, 1868.]

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as


1. The word "thirtieth" in the third line of section three, of an Act passed in the thirty-first year of Her Majesty's reign, chapter one, intituled: An Act respecting the Statutes of Canada, shall be expunged, and the word "thirty-first" shall be inserted instead thereof.


Clerk of the

have the custody of

35 VICT. CAP. 1.

An Act to amend the Act respecting the Statutes of


[Assented to 14th June, 1872.]

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as


1. All the original Acts, passed by the Legislatures of the Parliaments to late Provinces of Upper or Lower Canada, or of the late Province of Canada, transferred to and deposited of record in the original Acts office of the Clerk of the Senate, and also all original Acts of of Parliament the Parliament of Canada heretofore assented to, or hereafter late Legisla- to be assented to by the Governor-General, and all Bills retures, and of served for the signification of the Queen's pleasure, and assented to or disallowed by the Queen in Council, shall be and continue

and of certain

reserved Bills.

to remain of record in the custody of the Clerk of the Senate of Canada, and such Clerk, as Custodian thereof, shall be known and designated as "The Clerk of the Parliaments:" And every thing now required by the Act intituled: "An Act respecting the Statutes of Canad," or by any other Act of the Parliament of Canada, to be done by the Clerk of the Senate, as Custodian of the said Acts or any of them, shall be done by the Clerk of the Parliaments.


2. The Clerk of the Parliaments shall have a Seal of Office Clerk of the and shall affix the same to certified copies of all Acts intended to have and for the Governor-General or the Registrar-General of Canada use a Seal of or required to be produced before Courts of Justice, either within or beyond the limits of the Dominion of Canada, and in any other case, when the said Clerk may deem it expedient.



3. All copies of the Acts above referred to, so certified by Certified the Clerk of the Parliaments, shall be held to be duplicate copies of Acts originals, and also to be evidence, as if printed under the be duplicate authority of Parliament by the Queen's Printer, of such Acts originals. and of their contents.

of Statutes

duly certified,

to the Gover

4. As soon as practicable after the prorogation of every ses- Bound copy sion of Parliament, the Clerk of the Parliaments shall obtain of Canada and from the Queen's Printer a sufficient number of bound copies of copies of the Statutes of Canada passed during such Session of Parlia- reserved bills ment, and shall deliver to the Governor-General one copy duly to be delivered certified, for transmission to one of Her Majesty's Principal nor and Bound Secretaries of State, as required by the British North America Copy to Act, 1867, together with certified copies of all Bills reserved for Registrarthe signification of the Queen's pleasure, and one like copy of the said Acts in the English and French languages to the Registrar-General of Canada.


to be furnished

5. The Clerk of the Parliaments shall also furnish certified Certified copies of any of the Acts above mentioned to any public officer copies of Alte or party applying for the same; and upon all such copies the on application. said Clerk of the Parliaments shall, before delivering the same to such officer or party, receive from such party a fee at the rate of ten cents for every hundred words in the certified copy and certificate; and all sums so received by him shall form part of the contingent fund of the Senate.

6 All certified copies required for the public service shall be Copies for obtained from the Clerk of the Parliaments through the Secre- public service. tary of State of Canada.

be inserted at

every copy of

7. The Clerk of the Parliaments shall insert at the foot of Certificate to every such copy so required to be certified, a written certificate, the foot of duly signed and authenticated by him, to the effect that it is a true copy of the Act passed by the Parliament of Canada, or by the Legislature of the late Province of Canada, or of the late

Act required
to be certified.

What to constitute "The

per Canada."

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 Consolidated shall apply to Upper Canada only, and shall constitute the ConStatutes of Up- solidated 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.

Meaning of the
words "The
Queen," "The

Meaning of the words "The Governor."

Meaning of
the word

When Proclamation to be by Order in Council.

The words

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

3. The word "Governor" shall include the Governor, Lieutenant-Governor, or person administering the Government.

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


The word "County."

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The words

Superior Courts."

The words "Superior


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.

Courts of

As to number or Gender.

The Interpretation Clause

of the Municipal Act applied.

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

page 4.

11. The interpretation clause of the Act respecting Municipal 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.


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

15. In every case where an oath or affirmation is directed or authorized to be made before any Court, person or officer, such 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.

ation," &c.

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"Justice of

the Peace."

16. The words "Justice of the Peace," shall include a Magis. The words 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.

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.


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 "

Province of Upper Canada or Lower Canada (as the case may be) in the session thereof held in the

year of

H. M. Reign, and assented to in Her Majesty's name, by the
Governor-General, or (as the case may be,) on the

day of
or reserved for the signification of Her
Majesty's pleasure thereon, and assented to by Her Majesty in
Council, on the
day of


New sections substituted

for sections

38 VICT. CAP. 1.

An Act to amend " The Interpretation Act," as respects the printing and distribution of the Statutes, and the territorial application of Acts amending previous Acts.


[Assented to 8th April, 1875.]

HEREAS the publication and distribution of the Public General Acts passed in each session of Parliament is greatly delayed by the publication of the Local and Private Acts of the same session in the same volume, and it is expedient that Acts of the Imperial Parliament, Orders in Council, and Proclamations of a public general nature should be published and distributed with the Public General Statutes : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Sections ten and eleven of the Act known as "The Interpretation Act," being chapter one of the Acts passed in 10 and 11 of the thirty-first year of Her Majesty's reign, are hereby repealed, and the following are substituted for them, and shall be read as the tenth and eleventh sections of the said Act :

31 Vic. c. 1.

Acts to be
printed in two
what each

shall contain.

"10. The Acts of the Parliament of Canada passed in the present or any future session thereof, shall be printed in two separate volumes, the first of which shall contain such of the said Acts and such Orders in Council and Proclamations or other documents, and such Acts of the Parliament of the United Kingdom, as the Governor in Council may deem to be of a public and general nature or interest in Canada, and may direct to be inserted in the said volume; and the second volume shall contain the remaining Acts of the session and shall be printed after the first volume. Copies of the said volumes shall be printed in the English and French languages respectively, by the Queen's Printer, who shall, as soon after the close

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