THE STATUTE LAW REVISION ACT, 1893(1) 56-57 VICTORIA, CHAPTER 14 An Act for further promoting the Revision of the Statute Law by repealing Enactments which have ceased to be in force or have Become unnecessary [9th June, 1893.] WHEREAS it is expedient that certain enactments, which may be regarded as spent, or have ceased to be in force otherwise than by express specific repeal by Parliament, or have, by lapse of time or otherwise become unnecessary, should be expressly and specifically repealed: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: repealed. 1. The enactments described in the schedule to this Act Enactments are hereby repealed, subject to the provisions of this Act and in schedule subject to the exceptions and qualifications in the schedule mentioned; and every part of a title, preamble, or recital specified after the words "in part, namely," in connexion with an Act mentioned in the said schedule may be omitted from any revised edition of the statutes published by authority after the passing of this Act, and there may be added in the said edition such brief statement of the Acts, officers, persons, and things mentioned in the title, preamble, or recital, as may in consequence of such omission appear necessary: Provided as follows: The repeal of the words or expressions of enactment described in the said schedule shall not affect the binding force, operation, or construction of any statute, or of any part of a statute, whether as respects the past or the future; and where any enactment not comprised in the said schedule has been repealed, confirmed, revived, or perpetuated by any enactment hereby repealed, such repeal, confirmation, revivor, or perpetuation shall not be affected by the repeal effected by this Act; (1) "The story of the amendments is simple. Periodically the British Parliament passes a Statute Law Revision Act, the object of which is to clear the English statute law of enactments which have either ceased to be in force or have become unnecessary, but which have not been expressly repealed. The revision Act is prepared by the Statute Law Committee, set up in 1868 by Lord Cairns to superintend the publication of the revised edition of the statutes." F. R. Scott in The Canadian Bar Review, April 1942, p. 340. Application of repealed enactments in local courts. Citation by short titles. Short title. and the repeal by this Act of any enactment or schedule shall not affect any enactment in which such enactment or schedule has been applied, incorporated, or referred to; nor shall such repeal of any enactment affect any right to any hereditary revenues of the Crown, or affect any charges thereupon or prevent any such enactment from being put in force for the collection of any such revenues, or otherwise in relation thereto; and this Act shall not affect the validity, invalidity, effect, or consequences of anything already done or suffered, -or any existing status or capacity, or any right, title, obligation, or liability already acquired, accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law or equity, or established jurisdiction, form or course of pleading, practice, or procedure, or the general or public nature of any statute, or any existing usage, franchise, liberty, custom, privilege, restriction, exemption, office, appointment, payment, allowance, emolument, emolument, or benefit, or any prospective right notwithstanding that the sum respectively may have been in any manner affirmed, recognized, or derived by, in, or from any enactment hereby repealed; nor shall this Act revive or restore any jurisdiction, office, duty, drawback, fee, payment, franchise, liberty, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, form of punishment, or other matter or thing not now existing or in force; and this Act shall not extend to repeal any enactment so far as the same may be in force in any part of Her Majesty's dominions out of the United Kingdom, except where otherwise expressed in the said schedule. 2. If and so far as any enactment repealed by this Act applies or may have been by Order in Council applied to the court of the county palatine of Lancaster or to any inferior court of the civil jurisdiction, such enactment shall be construed as if it were contained in a local and personal Act specially relating to such court and shall have effect accordingly. 3. Where any Act cites or refers to another Act otherwise than by its short title, the short title may, in any revised edition of the Statutes printed by authority, be printed in substitution for such citation or reference. 4. This Act may be cited as the Statute Law Revision Act, 1893. 30-31 Vict., c. 3. The British North America Act, 1867. In part; namely, From "Be it therefore" to "same as follows." Section two. Section four to "provisions" where it last occurs. Sections forty-two and forty-three. Section fifty-one, from "of the census" to "seventy one and" and the word "subsequent." Section eighty-one. Section eighty-eight, from "and the House" to the end of the section. Sections eighty-nine and one hundred and twenty seven. Section one hundred and forty-five. Repealed as to all Her Majesty's Dominions. 31-32 Vict., c. 105 Rupert's Land Act, 1868. (2) There are 76 pages in the Schedule to this Act, covering repealed enactments from 7 Will. 4 and 1 Vict., c. 25 (1837) to 31 and 32 Vict., c. 129 (1868). Applicable lines only are given here. Confirmation of Canadian Act with respect to Speaker of Senate. Short title. THE CANADIAN SPEAKER (APPOINTMENT OF DEPUTY) ACT, 1895 59 VICTORIA, CHAPTER 3 An Act for removing Doubts as to the Validity of an Act passed by the Parliament of the Dominion of Canada respecting the Deputy-Speaker of the Senate [5th September, 1895.] WHEREAS the Parliament of Canada have passed an Act intituled "An Act respecting the Speaker of the Senate," and providing for the appointment of a deputy during the illness or absence of the Speaker of the Senate, and containing a suspending clause to the effect that the Act should not come into force until Her Majesty's pleasure thereon has been signified by proclamation in the Canada Gazette: And whereas doubts have arisen as to the power of the Parliament of Canada to pass that Act, and it is expedient to remove those doubts: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The Act of the Parliament of Canada passed in the session held in the fifty-seventh and fifty-eighth years of Her Majesty's reign, entitled "An Act respecting the Speaker of the Senate," shall be deemed to be valid, and to have been valid, as from the date at which the royal assent was given thereto by the Governor General of the Dominion of Canada.(1) 2. This Act may be cited as the Canadian Speaker (Appointment of Deputy) Act, 1895, Session 2. (1) See the Act referred to in Part V. BRITISH NORTH AMERICA ACT, 1907(1) 7 EDWARD VII, CHAPTER 11 An Act to make further provision with respect to the sums to be paid by Canada to the several Provinces of the Dominion [9th August, 1907.] WHEREAS an address has been presented to His Majesty by the Senate and Commons of Canada in the terms set forth in the schedule to this Act; Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support to of its Government and Legislature: (a) A fixed grant where the population of the province is under where the population of the province is one hundred (1) See Note to section 118 of the B.N.A. Act, 1867. The procedure on this amendment has been outlined by Dr. Skelton, as follows (op. cit. p. 32): "Then, in 1907, after twenty years, there came the fourth amendment. This one is of particular importance. The object was to provide an increase in and definite settlement of federal subsidies to the provinces. The procedure in this case was that the Act was passed by the United Kingdom Parliament in accordance with an address from the Senate and House of Commons based on a series of resolutions passed by a provincial conference in 1887 and re-affirmed with some changes in similar conferences in 1902 and 1907. It has been contended that by adopting this procedure the Dominion recognized the necessity of securing an amendment to the B.N.A. Act to effect any change in the subsidy section and the necessity also of consulting the provinces before an amendment was requested. Perhaps it should rather be said that the Dominion recognized the desirability from this point of view, of preventing any further provincial demands, and sought by consultation with the provinces and by utilizing the formal method of amendment, to give some degree of permanence to the arrangement. Its efforts were in vain. The proposal made by Sir Wilfrid Laurier included the words "final and unalterable settlement," but that was rejected in London as inappropriate in a United Kingdom statute, and revision of the terms then granted has proceeded apace, without formal amendment and without incidentally the consent of all the provinces." Payments to be made by Canada Provinces. |