Statutes of the Province of Canada

repealed, shall after the Consolidated Statutes take effect, be pealed Acts, heid, as regards any subsequent transaction, matter or thing, to in former be a reference to the enactments in the Consolidated Statutes Acts, &c. having the same effect as such repealed Act or enactment,

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 insertion of an it was or was not in force immediately before the coming into Act in Sche

force of the said Consolidated Statutes.

dule A.

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 Printer to be Courts and places whatsoever.

evidence.

13. The Interpretation Act contained in the said Consoli- Interpretadated Statutes, shall apply to them and to this Act ;-and in tion of the construing this Act or any Act forming part of the said Statutes, 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 enof Canada;

actments.

construed as

2. The Law is to be considered as always speaking, and Law to be whenever any matter or thing is expressed in the present tense, speaking at the same is to be applied to the circumstances as they arise, so the time that effect may be given to each Act and every part thereof when the case according to its spirit, true intent and meaning;

arises.

3. The word "shall" is to be construed as imperative, and "Shall" and the word "may" as permissive;

may."

4. Whenever the word "here in" is used in any section of an Herein. Act, it is to be understood to relate to the whole Act and not to that section only;

5. When any Act or thing is required to be done by more Quorum. than two persons, a majority of them may do it;

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

7. When the Governor is authorized to do any act by Procla- Proclamation. mation, such 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;

County.

As to English and French Versions.

As to distribution of

copies.

This to be

the said sta

tutes.

S. The word "County" includes two or more Counties united for purposes to which the enactment relates.

14. If upon any point there be a difference between the English and the French versions of the said Statutes, that version which is most consistent with the Acts consolidated in the said Statutes shall prevail.

15. The laws relating to the distribution of the printed copies of the Statutes shall not apply to the said Consolidated Statutes, but the same shall be distributed in such numbers and to such persons only, as the Governor in Council may direct.

16. This Act shall be printed with the said Consolidated printed with Statutes and shall be subject to the same rules of construction as the said Consolidated Statutes ;-And any Chapter of the 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 by the Queen's Printer,-or by its short title.

How they may be cited.

Governor may

17. The Governor may direct that any Acts or parts of Acts cause certain of the Imperial Parliament, Proclamations, Treaties or other Imperial Acts &c., to be Public documents which he may select as of general interest printed with to the people of this Province, be printed and annexed to and distributed with the printed copies of the said Consolidated Statutes.

the said statutes.

CAP. XXX.

Preamble.

Original Roll of Statutes revised, &c., to

An Act respecting the Consolidated Statutes for Upper
Canada.

[Assented to 4th May, 1859.]

HEREAS it has been found expedient to revise, classify and consolidate the Public General Statutes which apply exclusively to Upper Canada, including both those passed by the Legislature of the late Province of Upper Canada, 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 there with 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:

1. The printed Roll attested as that of the said Statutes so revised, classified and consolidated as aforesaid, under the signature of His Excellency the Governor General, that of the

Clerk

Clerk of the Legislative Council and that of the Clerk of the be certified Legislative Assembly, and deposited in the office of the Clerk and deposited. 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 annexed; but the marginal notes thereon, and the references to As to marformer enactments at the foot of the several sections thereof ginal notes, form no part of the said Statutes, and shall be held to have been mis-prints, 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.

&c.

this Session

the said Roll.

2. The Governor may select such Acts and parts of Acts Governor may passed during the present Session, as he may deem it advisa- cause the leble to incorporate with the said Statutes contained in the said gislation of first mentioned Roll, and may cause them to be so incorporated to be incorpotherewith, adapting their form and language to those of the rated with the said Statutes (but without changing their effect), inserting them Statutes in 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.

serve as the

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

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 ated Statutes effect as law by the designation of "The Consolidated Statutes into force on a for Upper Canada." certain day.

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 embodied in them repealed.

such

Exception.

Saving as to transactions, &c., anterior to the repeal.

Certain matters anterior to the repeal not to be affected by it,Penalties, &c.

Indictments,

&c.

Actions, &c.

Acts, deeds, rights, &c.

Offices, &c.

Marriages, &c.

Any other

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.

6. The repeal of the said Acts and parts of Acts shall not revive any Act or provision of law repealed by them; nor shall the said repeal prevent the effect of any saving clause in the 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.

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

1. Any penalty, forfeiture or liability, civil or criminal, incurred 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 prosecution had, done, completed or pending at the time of such repeal,

3. Nor any action, suit, judgment, decree, certificate, execution, process, order, rule or any procceding, 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, descent, will, registry, contract, lien, charge, matter or thing, had, done, made, acquired, 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 prematters, &c. judicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal ;

But the same

to remain valid, &c.

8. But every

Such penalty, forfeiture and liability, and every such

Indictment,

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,

and under

May and shall, both at law and in equity, remain and con- And may be tinue as if no such repeal had taken place, and, so far enforced, &o., as necessary, may and shall be continued, prosecuted, what laws. 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.

to be deemed

8. The said Consolidated Statutes shall not be held to Consolidated Statutes not operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the new Laws. 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 Consoli- How construed dated Statutes are not in effect the same as those of the re- if in any case pealed Acts and parts of Acts for which they are substituted, from the rethey differ then as respects all transactions, matters and things subsequent pealed Acts, to the time when the said Consolidated Statutes take effect, the &c. 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 As to referin any instrument or document, to any Act or enactment so ences to rerepealed, shall after the Consolidated Statutes take effect, be in former pealed Acts, held, as regards any subsequent transaction, matter or thing, to Acts, &c. be a reference to the enactments in the Consolidated Statutes having the same effect as such repealed Act or enactment.

Act in Sche

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