Also the following Acts and parts of Acts of Upper Canada: Divers Acts. Section 14 of 32 Geo. III. c. 8, (s) 33 Geo. III. c. 13, (t) Sections 12 and 35 of 50 Gec. III. c. 1, (π) 2 Geo. IV. c. 8, (v). and 4 Wm. IV. c. 18. (20) to continue 404.-No Act or parts of any Acts, repealed by any of Acts formerthe above repealed Acts shall be revived, but all such Acts ly repealed shall continue repealed, (x) and nothing in this repealing repealed. clause contained shall affect any statute not herein mentioned, (y) or any proclamation by or under which cities and other Municipalities have been erected so far as respects the continuing of the same and the boundaries thereof. (z) CONFIRMING AND SAVING CLAUSES. 405.-The Head and Members of the Council, and the Heads, offcers, by-laws, Officers By-laws, Contracts, Property, Assets and Liabilities of &c., continuevery Municipal Corporation, and the Trustees of every Police ed Village existing when this Act takes effect, (a) shall be deemed the Head and Members of the Council, and the Officers, Bylaws, Contracts, Property, Assets and Liabilities of such Cor (s) In this Act there are seventeen sections. The first thirteen are effete, and sec. 14 is hereby repealed; leaving secs. 15, 16 and 17 unrepealed. (t) See note k, p. 232. (u) None of this act is now unrepealed. Before the Union, several sections of it were repealed. After the Union, all of it with the exception of the two sections here mentioned were repealed by 12 Vic. cap. 80. Now that these two sections are repealed, there remains no section in force. (v) There were two sessions in the second year of the reign of George the Fourth. This act was passed in the first session, and is totally repealed. (w) None of this act is now in force. (x) By the repeal of a repealing statute (the new law containing nothing in it that manifests the intention of the Legislature that the former Acts shall continue repealed) the original acts are revived; but if an act is repealed by several acts, a repeal of one act or two, and not of all, does not revive the first act. If a repealing act and part of the original act is repealed by a subsequent act, the residue of the original act is revived. If an act of parliament is revived, all acts explanatory of that act are also revived. It is however usual, when no revival is intended, expressly to provide against the revival, as is done in the section here annotated. (Harrison's C. L. P. Acts, p. 533, note j.) (y) So that apparently there is to be no repeal by implication. (2) The material parts of most if not all of these proclamations will be found hereinafter published. (a) 1st December, 1858. (Sec. 1.) Pending proceedings to continue. Past transactions con firmed. Previous be prosecut ed in the new corporation name. poration and the Trustees of such Police Village as continued under and subject to the provisions of this Act. (b) 406.-All proceedings on behalf of or against any existing Municipal Corporation, (c) or Police Trustees pending when this Act takes effect shall be continued under this Act, in the name in which the same are then pending. (d) 407.-All things hertofore done under the enactments hereby repealed, are confirmed, except any matter which has been, or within one year after the passing of this Act, may be made the subject of proceedings at law or in equity. (e) 408.-All offences, neglects, fines, penalties, moneys, offences may debts, and other matters and things which immediately before this Act goes into effect might have been prosecuted, punished, enforced, or recovered under the Acts or parts of Acts hereby repealed, may be prosecuted, punished, enforced, or recovered under this Act, in the same manner, within the same time, and in the same name, and by the same process and proceedings, as if the same respectively had been committed or incurred, or had accrued or become due or payable after the taking effect of this Act. (f) Declaration DECLARATORY CLAUSE. 409. And whereas doubts have arisen as to the power heretofore of incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situpose statute ate, to assess and impose statute labor in the same manner as Townships have been authorized. (9) To remove such doubts power to im labour. (b) See secs. 2 and 3. (e) A schedule of existing municipalities, so far as can be ascertained, is published in the Appendix to this work. (d) In other words, all proceedings at law, either for or against existing municipal corporations, &c., on 1st December, 1858, shall be continued under this act under the name in which pending, notwithstanding the passing of this act. (e) This is very important, and intended in a reasonable manner to prevent litigation. This act passed on 16th August, 1858. To question the validity or legality of any thing done under enactments by this act repealed, proceedings must be commenced either at law or in equity, within one year after 16th August, 1858. If not so questioned, all things are confirmed. (f) The object of this section is to provide against a failure of justice, by reason of offences, &c., committed under the old acts, not being prosecuted before they cease to operate, viz., on 1st December, 1858. The remedy is to allow all such prosecutions to proceed as if the offences, &c., were committed after 1st December, 1858. (g) See note a to subsec. 4 of sec. 318, p. 177. it is declared that the several Acts of the twelfth of Victoria chapter eighty-one, thirteenth and fourteenth of Victoria chapsixty-four, and sixteenth of Victoria chapters one hundred and eighty-one and one hundred and eighty-two, gave such and the same powers to Incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situate, in respect to the assessment and imposition of statute labor, as are in and by the said Acts respectively conferred on Townships. (h) 410.-This Act shall apply to Upper Canada only. (h) This declaratory clause was added by the Legislative Council. Its object is sufficiently explained in its preamble. Its effect is retrospective. Act limited to Upper Canada. ADDITIONAL STATUTES. Preamble. 32 GEO. III.-CAP. 7. An Act to regulate the Toll to be taken in Mills. [Passed 15th October, 1792.] WHEREAS it is expedient to ascertain and determine the quantity of grain to be taken by way of toll, for grinding the said grain into flour, and bolting the same: And whereas different customs have obtained within the several Districts of this Province: Be it, &c., That from and after the first day of January, in the year of our Lord one thousand seven hundred and ninety-three, no owner or occupier, or owners or proportion to occupiers of any Mill or Mills within this Province, or any grinding and person employed by him or them, shall demand, take or receive any quantity or proportion of grain brought, by him or them to be ground and bolted, greater than one twelfth share or part, for grinding and bolting such grain. No greater be taken for bolting grain than one twelfth. Penalty. How levied and applied. 2.-And be it, &c., That any owner or occupier, or owners or occupiers of a Mill or Mills within the said Province, or any person employed by him or them, who shall demand and take, after the day and year above mentioned, any quantity or proportion of grain, greater than one twelfth share or part of such grain as aforesaid, shall, for every such offence forfeit and pay the sum of Ten Pounds, Quebec currency; one moiety thereof to his Majesty, his Heirs and Successors, for the public uses of the said Province, and the support of the Government thereof; and the other moiety of the said sum to any person who shall sue for the same in any of his Majesty's Courts of Record within this Province. 3.-And whereas much inconvenience and confusion has arisen from the custom of bringing bags of grain, without any distinguishing mark to whom the said bags of grain belong: Be it, &c., That no owner or occupier of any Mill shall be Bags must bound to receive, or be chargeable with the loss of any bag be marked. or bags of grain or flour, unless the same be marked with the initial letters of the Christian and Surname of the owner of the said grain, or with some mark distinguishing the said bag or bags, which mark of distinction shall be previously communicated and made known to the said owner or occupier, or his servant usually attending the said Mill. 32 GEO. III. CAP. 8. An Act for Building a Gaol and Court House in every Dis- be granted liquors Gaolers 15.-Provided always, That no license shall be granted for No license to retailing any spirituous liquors within any of the said Gaols for retailing or Prisons; and if any Gaoler, keeper or Officer, of any Gaol spirituous or Prison, shall sell, lend, use or give away, or knowingly within such permit or suffer any spirituous liquors or strong waters to be Gaols. sold, used, lent or given away, in such Gaol or Prison, or brought into the same, other than except such spirituous See 3 Vic. liquors or strong waters as shall be prescribed or given by the cap. 14. prescription and direction of a regular Physician, Surgeon or Apothecary; every such Gaoler, keeper or other Officer, Penalty on shall, for every such offence, forfeit and lose the sum of transgresTwenty Pounds, Current money of this Province, one moiety sing in this thereof to his Majesty, his Heirs and Successors, for the public uses of the said Province, and the support of the Government thereof, and the other moiety of the said sum, with full costs of suit, to such person or persons as will sue for the same in any of his Majesty's Courts of Record in this Province, by action of debt, bill, plaint or information; and Penalty for a in case any such Gaoler or other Officer being convicted there second transof as aforesaid, shall again offend in like manner, and be thereof a second time lawfully convicted, such second offence shall be deemed a forfeiture of his office respect. gression. in Quarter 17.-And be it, &c., That it shall and may be lawful for Rules made the said Justices, within the respective limits of their Com- Sessions, missions, assembled as aforesaid, or the greater part of them, when and they are hereby authorised and empowered to ascertain a Judge, and appoint a reasonable yearly salary, according to their ing on the discretion, to be paid to the Gaoler, and that the said salary Gaoler and shall be bind prisoners. |