REVISED STATUTES OF ALBERTA

ACT, 1922

CHAPTER 49 OF 1922.

An Act to Provide for the Consolidation and Revision of the Public Statutes of the

Province.

(Assented to March 28, 1922.)

WHEREAS under the provisions of chapter 5 of the

Statutes of Alberta, 1919, a commission under the Seal of the Province was issued to certain commissioners for revising and consolidating as Statutes of the Province the Ordinances of the North-West Territories in force in the Province at the time of the completion of such revision and consolidation and the Acts of the Legislature of Alberta then in force;

And whereas the said commissioners have made such revision and consolidation under the powers conferred upon them by the said Act and in accordance with the terms thereof;

And whereas the work so completed has been laid before the Legislative Assembly at its present session and is hereinafter called the Statute Roll;

And whereas it is expedient to provide for the incorporation in such revision and consolidation of the Public Statutes passed during the present session and to give the force of law to the body of the consolidated Statutes to result from such revision, consolidation and incorporation when the same has been printed;

Now therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

1. This Act may be cited as "The Revised Statutes of Alberta Act, 1922."

2.-(1) The Legislative Counsel shall incorporate into the Statute Roll all the Public Acts passed during the present session.

(2) In so incorporating the Legislative Counsel shall have power

(a) to omit from the said Statute Roll and Public Acts such Ordinances and Acts and parts thereof as at the date of the completion of such incorporation have been repealed or superseded, or have expired, or have had their effect and can have no further enforcement;

(b) to omit from the said Statute Roll and Public Acts all enactments repealing or amending any Act or Ordinance, giving effect, however, to the repeals or amendments so effected;

(c) to alter the numbering and sequence of the Acts in the said Statute Roll and of the sections thereof; (d) to correct clerical and typographical errors and

to make such minor amendments as may be necessary to reconcile seemingly inconsistent enactments:

Provided, however, that no change shall be made under the provisions of this section which shall have the effect of changing the substance or intent of any enactment.

3. The Statute Roll so amended shall be printed and there shall be annexed to the roll so printed a schedule showing the provisions of any Act or Ordinance the repeal of which is necessitated by the work done under the provisions of chapter 5 of the Statutes of Alberta, 1919, or the provisions of this Act.

4. The amended Statute Roll so printed shall when attested under the signature of the Lieutenant Governor and countersigned by the Provincial Secretary be deposited in the office of the Clerk of the Legislative Assembly and shall be deemed to be the original roll of and to be the Revised Statutes of Alberta, 1922.

5. The Lieutenant Governor in Council, after the deposit as aforesaid of the said roll, may by proclamation declare the day on, from and after which the said roll shall come into force and have effect under the designation of the Revised Statutes of Alberta, 1922.

6.-(1) On, from and after such day such Reivsed Statutes shall come into force and effect by the said designation to all intents as if they were expressly enacted hereby.

(2) On and from the same day all the Acts or Ordinances or parts thereof in the said amended schedule mentioned shall stand and be repealed to the extent mentioned in the said schedule, save only as hereinafter provided.

7. The said repeal of the Acts or Ordinances or parts thereof shall not revive any provision of law repealed by

them, nor shall the said repeal prevent the effect of any saving clause in the said Acts or Ordinances or parts thereof, or their application to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply.

8. (1) The repeal of the said Acts, Ordinances or parts thereof shall not affect—

(a) any penalty, forfeiture or liability 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;

(b) any action, suit, judgment, decree, certificate, execution, prosecution, 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;

(c) any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, contract, lien, charge, matter or thing, had, done, made, acquired, established or existing at the time of such repeal;

(d) any office, appointment, commission, salary, allowance, security, duty or any matter or thing appertaining thereto at the time of such repeal; or

(e) any marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of such repeal.

(2) Such repeal shall not defeat, invalidate or prejudicially affect any other matter or thing had, done, completed, existing or pending at the time of such repeal.

(3) But every such penalty, forfeiture and liability, every such action, suit, judgment, decree, certificate, execution, prosecution, process, order, rule, proceeding, matter or thing; every such act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, contract, lien, charge, matter or thing; every such office, appointment, commission, salary, allowance, security and duty; every such marriage certificate and registry thereof, and every such other matter and thing, and the force and effect thereof respectively, may and shall remain and continue 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 Revised Statutes and other laws having force in this Province, so far as applicable thereto, and subject to the provisions of the said several Statutes and laws.

9. The said Revised Statutes of Alberta, 1922, shall not be held to operate as new laws, but shall be construed and have effect as a consolidation of the law as contained in the Acts and Ordinances and parts thereof so repealed and for which the Revised Statutes of Alberta, 1922, are substituted.

10. The Legislature is not to be deemed, by reason of the Revised Statutes of Alberta, 1922, being so substituted to have adopted the construction which, by judicial decision or otherwise, has been placed upon the language of any of the Acts or Ordinances or parts thereof included amongst the Revised Statutes.

11. (1) The various provisions in the Revised Statutes of Alberta, 1922, corresponding to and substituted for the Acts and Ordinances and parts thereof so repealed shall, where they are the same in effect as those of the Acts and Ordinances and parts thereof so repealed, be held to operate retrospectively, as well as prospectively, and to have been passed upon the days respectively upon which the Acts and Ordinances and parts thereof so repealed came into effect.

(2) If upon any point the provisions of the Revised Statutes of Alberta, 1922, are not in effect the same as those of the repealed Acts and Ordinances and parts thereof for which they are substituted, then as respects all transactions, matters and things subsequent to the time when the Revised Statutes of Alberta, 1922, take effect, the provisions contained in them shall prevail, but as respects all transactions, matters and things anterior to the said time, the repealed Acts and Ordinances and parts thereof shall prevail.

(3) The marginal notes and headings in the body of the said Revised Statutes of Alberta, 1922, and references to former Acts and Ordinances shall be held to form no part of the said Statutes, but to be inserted for convenience or reference only.

12. Any reference in any former Act or Ordinance remaining in force, or in any instrument or document to any Act or Ordinance or part thereof so repealed, shall after the Revised Statutes of Alberta, 1922, take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the provisions of the Revised Statutes of Alberta, 1922, having the same effect as such repealed Acts or Ordinances or parts thereof.

13. The insertion of any Act or Ordinance or part thereof in the said schedule shall not be construed as a declaration