Page images
PDF
EPUB

make by-laws,

(45.) Whenever power to make by-laws, regulations, rules or Power to orders is conferred, it shall include the power, from time to what included time, to alter or revoke the same and make others:

by.

affect the

clared to do

(46.) No provision or enactment in any Act shall affect, in Acts not to any manner or way whatsoever, the rights of Her Majesty, Crown, unless Her heirs or successors, unless it is expressly stated therein specially dethat Her Majesty shall be bound thereby; nor, if such Act is so. of the nature of a private Act, shall it affect the rights of any As to Acts of person or of any body politic, corporate or collegiate,-such a private only excepted as are therein mentioned or referred to:

nature.

reserved to

amend any

(47.) Every Act shall be so construed as to reserve to Par- Power always liament the power of repealing or amending it, and of revok- Parliament to ing, restricting or modifying any power, privilege or advantage repeal or thereby vested in or granted to any person or party, whenever t such repeal, amendment, revocation, restriction or modification is deemed by Parliament, to be required for the public good; and unless it is otherwise expressly provided in any Act passed As to Bank for chartering any bank, it shall be in the discretion of Parlia- Charters. ment, at any time thereafter, to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such bank as to Parliament. appears expedient:

ing

Act."

to persons

it.

(48.) The repeal of any Act or part of an Act shall not re- Effect of revive any Act or provision of law repealed by such Act or part peal of repealof an Act, or prevent the effect of any saving clause therein : (49.) Whenever any Act is repealed, wholly or in part, and Effect of reother provisions are substituted, and whenever any regulation peal of Act as is revoked and other provisions substituted, all officers, per- acting under sons, bodies politic or corporate, acting under the old law or regulation, shall continue to act as if appointed under the new law or regulation until others are appointed in their stead; and all proceedings taken under the old law or regulation shall be How far only taken up and continued under the new law or regulation, when tain proceednot inconsistent therewith: and all penalties and forfeitures ings. may be recovered and all proceedings had in relation to matters which have happened before the repeal or revocation, in the same manner as if the law or regulation was still in force, pursuing the new provisions as far as they can be adapted to the old law or regulation :

to affect cer

&c., under re

(50.) Whenever any Act is repealed, wholly or in part, and As to by-laws, other provisions are substituted, all by-laws, orders, regulations, pealed Act. rules and ordinances made under the repealed Act shall continue good and valid in so far as they are not inconsistent with the substituted Act, enactment or provision, until they are annulled or others made in their stead:

of references

others are

(51.) Whenever any Act or part of an Act is repealed, and Construction other provisions are substituted by way of amendment, revision to enactment or consolidation, any reference in any unrepealed Act, or in for which any rule, order or regulation made thereunder to such repealed substituted. Act or enactment, shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the

Proviso:

case in which the repealed enactment is to stand good.

As to acts, &c., done

provisions of the substituted Act or enactment relating to the same subject matter as such repealed Act or enactment: Provided always, that where there is no provision in the substituted Act or enactment relating to the same subject matter, the repealed Act or enactment shall stand good, and be read and construed as unrepealed, in so far, but in so far only, as is necessary to support, maintain or give offect to such unrepealed Act, or such rule, order or regulation made thereunder:

(52.) The repeal of an Act, or the revocation of a regulation, before repeal. at any time, shall not affect any act done or any right or right of action existing, accruing, accrued or established, or any proceedings commenced in a civil cause, before the time when such repeal or revocation takes effect: but the proceedings in such case shall be conformable when necessary, to the repealing act or regulation:

Offences committed and penalties incurred not affected by repeal.

All Acts to be
deemed
public Acts,
as regards
pleading.

Proof of Acts.

Preamble to be a part of Act.

All Acts

remedial, and to be con

(53.) No offence committed and no penalty or forfeiture incurred, and nc proceeding pending under any Act at any time repealed, or under any regulation at any time revoked, shall be affected by the repeal or revocation, except that the proceeding shall be conformable, when necessary, to the repealing Act or regulation, and that whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Act or regulation, such provisions shall be extended and applied to any judgment to be pronounced after such repeal or revocation :

(54.) Every Act shall, unless by express provision it is declared to be a private Act, be deemed to be a public Act, and shall be judicially noticed by all judges, justices of the peace and others without being specially pleaded:

(55.) Every copy of any Act, public or private, printed by the Queen's Printer, shall be evidence of such Act and of its contents; and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary is shown:

(56.) The preamble of every Act shall be deemed a part thereof, intended to assist in explaining the purport and object of the Act; and every Act and every provision or enactment thereof, shall be deemed remedial, whether its immediate purport is to direct the doing of any thing which Parliament strued as such. deems to be for the public good, or to prevent or punish the doing of any thing which it deems contrary to the public good -and shall accordingly receive such fair, large and liberal construction and interpretation as will best insure the attainment of the object of the Act and of such provision or enactment, according to its true intent, meaning and spirit:

Application of rules of con

struction not excluded.

(57.) Nothing in this section shall exclude the application to any Act of any rule of construction applicable thereto, and not inconsistent with this section. 31 V., c. 1, ss. 6, 7, part, and 8-35 V., c. 27, ss. 12, part, 13, 14 and 15;-37 V., c. 9, s. 129;-37 V., c. 10, s. 62;—38 V., c. 1, ss. 2 and 3 ;-42 V., c. 47, s. 3 ;—46 V., c. 1, ss. 1 and 2, parts;-48-49 V., c. 40,

s. 2, part;-49 V., c. 2, s. 1 ;-49 V., c. 24, s. 69, part;--49 V., c. 25, s. 14, part.

The following paragraphs are added to this section by 53 V., Section 7 of c. 7, s. 1:

"R. S. C., c. 1, amended.

tion that it

"(58.) The repeal of any Act or part of an Act shall not be Repeal of Act deemed to be or to involve a declaration that such Act, or the not a declarapart thereof so repealed, was, or was considered by Parliament was in force. to have been, previously in force:

declaration

"(59.) The amendment of any Act shall not be deemed to Amendment be or to involve a declaration that the law under such Act of Act not a was, or was considered by Parliament to have been, different that the law is from the law as it has become under such Act as so amended: changed. "(60.) The repeal or amendment of any Act shall not be Repeal or deemed to be or to involve any declaration whatsoever as to not a declarathe previous state of the law:

amendment

tion of previous state of

"(61.) Parliament shall not, by re-enacting an Act, or part law. of an Act, or by revising, consolidating or amending the same, Judicial conbe deemed to have adopted the construction which has, by struction not judicial decision or otherwise, been placed upon the language used in such Act or upon similar language.'

[ocr errors]

8. Any Act may be cited as of the year of Our Lord.

adopted.

How Acts may be cited.

herein to

9. The provisions of this Act shall apply to the construc- Provisions tion thereof, and to the words and expressions used therein. apply to this 31 V., c. 1, s. 7, part.

Act.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

A. D. 1886.

CHAPTER 144.

An Act respecting the application of the Criminal Law of England to the Provinces of Ontario and British Columbia.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

follows:

Criminal law of England continued in Ontario.

ONTARIO.

1. The criminal law of England, as it stood on the seventeenth day of September, in the year one thousand seven hundred and ninety-two, and as the same has since been repealed, altered, varied, modified or affected by any Act of the Parliament of the United Kingdom having force of law in the Province of Ontario, or by any Act of the Parliament of the late Province of Upper Canada, or of the Province of Canada, still having force of law, or by any Act of the Parliament of Canada, shall be the criminal law of the Province of Ontario. C. S. U. C., c. 94.

And in British
Columbia.

BRITISH COLUMBIA.

2. The criminal law of England, as it stood on the nineteenth day of November, in the year one thousand eight hundred and fifty-eight, and as the same has since been repealed, altered, varied, modified or affected by any ordinance or Act (still having the force of law) of the colony of British Columbia, or of the colony of Vancouver Island, before the union of such colonies or of the colony of British Columbia, passed since such union, or by any Act of the Parliament of Canada, shall be the criminal law of the Province of British Columbia. R. S. B. C., c. 70, s. 2, part.

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAPTER 145.

An Act respecting Accessories.

HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-

A. D. 1886.

FELONIES.

1. Every one who becomes an accessory before the fact to Accessories before the fact any felony, whether the same is a felony at common law, or to felony punby virtue of any Act, may be indicted, tried, convicted and ishable as punished in all respects as if he were a principal felon. 31 V., principals. c. 69, s. 9, part, and c. 72, s. 1 ;—32-33 V., c. 20, s. 8, part, and [24-25 V., c. c. 21, s. 107, part.

94, s. 1.]

of person

initting of a

2. Every one who counsels, procures or commands any other Punishment person to commit any felony, whether the same is a felony at counselling, common law, or by virtue of any Act, is guilty of felony, and &c., the commay be indicted, and convicted either as an accessory before felony. the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon,-or may be [24-25 V., c. indicted and convicted of a substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice,—and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as on accessory, may be punished. 31 V., c. 72, s. 2.

3. In every felony, every principal in the second degree shall be punishable in the same manner as the principal in the first degree is punishable. 31 V., c. 69, s. 9, part, and c. 72, s. 3; 32-33 V., c. 21, s. 107, part.

4. Every one who becomes an accessory after the fact to any felony, whether the same is a felony at common law or by virtue of any Act, may be indicted and convicted, either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon has or has not been convicted, or

94, s. 2.]

Punishment of second degree. [11-12 V., c.

principal in

12, s. 8; 24-25 V., c. 96, s. 98, c. 97, s. 56, c. 98, s. 49, c. 99, s. 35, c. 100, s. 67.]

Accessories

after the fact may be in

dicted as such

or as substantive felons.

[ocr errors]

[24-25 V., c.

94, s. 3.]

« PreviousContinue »