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present tense.

(2.) The Law is to be considered as always speaking, and Application of whenever any matter or thing is expressed in the present tense, expressions in the same 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. See 22 V. c. 29, sec. 13 (2) which is identical with this sub-section.

(3.) The word "shall" is to be construed as imperative, and "Shall" and the word "may" as permissive. See C. S. U. C. c. 2, sec. 18 may."

(2) and 22 V. c. 29, sec. 13 (3) which are identical with this

sub-section.

(4.) Whenever the word "herein" is used in any section of " Herein.” an Act, it is to be understood to relate to the whole Act and

not to that section only.

See C. S. U. C. c. 2, sec. 18 (3) and

22 V. c. 29, sec. 13 (4) which are identical with this subsection.

7. Subject to the limitations aforesaid,-in every Act of the Interpretation Parliament of Canada, to which this section applies :

of certain words.

First. The words "Her Majesty," "the Queen," or "the "Her MaCrown," shall mean-Her Majesty, Her Heirs and Successors, jesty," &c. Sovereigns of the United Kingdom of Great Britain and Ireland. See C. S. C. c. 5, s. 6 (1) which is identical with this subsection.

&c.

Secondly. The words "Governor," "Governor of Canada," "Governor," "Governor-General" or "Governor in Chief," shall meanthe Governor-General for the time being of Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada, on behalf and in the name of the Queen by whatever title he is designated.

Council, &c."

Thirdly. The words "Governor in Council," or "Governor- "Governor in General in Council," shall mean-the Governor-General of Canada, or person administering the Government of Canada for the time being, acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the Queen's Privy Council for Canada.

&c."

Fourthly. The words "Lieutenant-Governor " shall mean "Lieutenantthe Lieutenant-Governor for the time being, or other chief Governor, Executive officer or Administrator for the time being, carrying on the Government of the Province or Provinces of the Dominion indicated by the Act, by whatever title he is designated.

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"LieutenantGovernor in

Fifthly. The words "Lieutenant-Governor in Council shall mean the Lieutenant-Governor or person administering Council, &c." the Government of the Province indicated by the Act, for the time being, acting by and with the advice of, or by and with

"United Kingdom," "United States," names of

places, &c.

Proclamation.

Governor act

mation.

the advice and consent of, or in conjunction with the Executive Council of the said Province.

Sixthly. The words "the United Kingdom," shall mean the United Kingdom of Great Britain and Ireland; and the words "the United States" shall mean the United States of America;-And generally, the name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing, shall mean such country, place, body, corporation, society, officer, functionary, person, party or thing, although such name is not the formal and extended desig nation thereof. See C. S. C. c. 5, 8. 6 (6) which is identical with this sub-section.

Seventhly. The word "Proclamation" means a Proclamation under the Great Seal, and the expression "Great Seal" means the Great Seal of Canada.

Eighthly. When the Governor is authorized to do any act by ing by Procla- Proclamation, such Proclamation is 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.

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Ninthly. The word "County includes two or more Counties united for purposes to which the enactment relates. See 22 V. c. 29, sec. 13 (8) which is identical with this sub-section.

Tenthly. Words importing the singular number or the masculine gender only, shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse. See C. S. C. c. 5, 8. 6 (7); C. S. U. C. c. 2, s. 10, which are identical with this sub-section.

Eleventhly. The word "person" shall include any body corporate and 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 Canada to which such context extends.

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Twelfthly. The words "writing,' "written," or any term of like import, shall include words printed, painted, engraved, lithographed, or otherwise traced or copied. See C. S. C. c. 5, 8. 6 (9) which is identical with this sub-section.

Thirteenthly. The word "now" or "next" shall be construed as having reference to the time when the Act was presented for the Royal Assent. See C. S. C. c. 5, s. 6 (10) which is identical with this sub-section.

Fourteenthly. The word "month" shall mean a calendar "Month." month. See C. S. C. c. 5, 8. 6 (11) which is identical with this sub-section.

Fifteenthly. The word "holiday" shall include Sundays," Holiday." New Year's day, the Epiphany, the Annunciation, GoodFriday, the Ascension, Corpus Christi, St. Peter and St Paul's Day, All Saints' Day, Conception Day, Easter Monday, Ash Wednesday, Christmas Day, the Birth-day of the reigning Sovereign, and any day appointed by Proclamation for a General Fast or Thanksgiving.

For "Holidays" as regards Bills and Notes see 35 V. c. 8, sec. 8.

Sixteenthly. The word "oath" shall be construed as mean- "Oath." ing 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 like cases the word "sworn" shall include the word "affirmed ":-And in every "Sworn." case where an oath or affirmation is directed to be made before any "Affirmed." 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 Perjury. 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 Act, shall be a misdemeanor punishable as wilful and corrupt perjury.

"Sureties."

Seventeenthly. The word "sureties" shall mean sufficient sureties, and the word "security" shall mean sufficient security," Security." and where these words are used, one person shall be sufficient therefor unless otherwise expressly required.

Eighteenthly. The words "Superior Courts" shall denote in "Superior the Province of Ontario, the Court of Queen's Bench, the Court Courts. of Common Pleas and the Court of Chancery in the said Province. Remainder of this sub-section does not relate to Ontario. By 38 V., c. 1, s. 2, the Court of Error and Appeal is added to the Courts which are above stated to be denoted by the words "Superior Courts.”

Nineteenthly. The words "Registrar" or "Register" in any "Registrar." "Register." Act, applying to the whole Dominion, shall mean and include indifferently Registrars and Registers in the several Provinces constituting the Dominion, and their Deputies, respectively.

of Acts.

Twentiethly. Any wilful contravention of any Act, which is Contravention not made any offence of some other kind, shall be a misdemeanor, and punishable accordingly.

Punishment

tion.

Twenty-firstly. Whenever any wilful contravention of any Act for contraven 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.

Recovery of

penalties when

Twenty-secondly. Whenever any pecuniary penalty or any no other mode forfeiture is imposed for any contravention of any Act,—then, is prescribed. 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 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 plainAppropriation. tiff 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.

Crown's share when not

otherwise apform part of

propriated to

Con. Rev.
Fund.

Paying and accounting for moneys appropriated by statute.

"Magistrate," "Two Justices."

Twenty-thirdly. Any duty, penalty or sum of money, or the proceeds of any forfeiture, which is by any Act given to the Crown, shall, if no other provision be made respecting it, form part of the Consolidated Revenue Fund of Canada, and be accounted for and otherwise dealt with accordingly.

Twenty-fourthly. If any sum of the public money be, by any Act, appropriated for any purpose or directed to be paid by the Governor-General, then, if no other provision be made respecting it, such sum shall be payable under warrant of the Governor-General directed to the Receiver-General, out of the Consolidated Revenue Fund of Canada; 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 GovernorGeneral may direct.

Twenty-fifthly. The word "Magistrate" shall mean a Justice of the Peace; the words "two Justices," shall mean two or more Justices of the Peace, assembled or acting together; and if any thing is directed to be done by or before a Magistrate or a Justice of the Peace, or other Public Functionary orfficer, 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 cessary powers or to enforce the doing of any act or thing, all such powers shall for doing it. be understood to be also given as are necessary to enable such person, officer or functionary to do or enforce the doing of such

Power to do anything to include all ne

act or thing. See C. S. C. c. 5, sec. 6 (20) which is identical with this sub-section.

when no spe

Twenty-sixthly. If in any Act, any party is directed to be im- Imprisonment prisoned or committed to prison, such imprisonment or committal where to be, shall, if no other place be mentioned or provided by law, be in cial place is or to the common gaol of the locality in which the order for such mentioned. 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.

Twenty-seventhly. Words authorizing the appointment of any Words giving public officer or functionary, or any deputy, shall include the power to ap power of removing him, re-appointing him or appointing another point include in his stead, in the discretion of the authority in whom the power move. of appointment is vested. See C. S. C. c. 5, sec. 6 (22) which is identical with this sub-section.

power to re

Twenty-eighthly. Words directing or empowering a public Directions to officer or functionary to do any act or thing, or otherwise apply- public officer, to apply to his ing to him by his Name of Office, shall include his successors in successors and such Office, and his or their lawful Deputy. See C. S. C., c. 5, his deputy. sec. 6 (23) which is identical with this sub-section.

by Governor

Twenty-ninthly. All officers now appointed or hereafter to be Appointments appointed by the Governor-General, whether by Commission or to be during otherwise shall remain in office during pleasure only, unless other- pleasure. wise expressed in their Commissions or appointments.

Words consti

in it.

Thirtiethly. Words making any association or number of per- tuting a corposons a corporation or body politic and corporate, shall vest in ration to vest such corporation, power to sue and be sued, contract and be con- certain powers tracted with, by their corporate name, to have a common seal, and to alter or change the same at their pleasure, and to have perpetual succession, and power to acquire and hold personal property or moveables for the purposes for which the corporation is constituted, and to alienate the same at pleasure; and shall also vest in any majority of the members of the Corporation the power to bind the others by their acts; and shall exempt the individual members of the Corporation from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them ;-But no Corporation shall carry on the business of banking unless when such power is expressly conferred on them by the Act creating such Corporation. See C. S. C. c. 5, sec. 6 (24) which is identical with this sub-section.

Thirty-firstly. Where forms are prescribed slight deviations Slight deviatherefrom not affecting the substance or calculated to mislead tion from shall not vitiate them.

forms not to invalidate

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