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Chap.

ANNEX No. 2. (Continued.)

Title of Act

Portions entered.

28 An Act providing for the appointment of commissioners to receive affidavits in foreign countries, and amending the Code of Civil Procedure to that effect..........

29 An Act to amend certain articles of the Municipal Code................ 30 An Act to amend the Municipal Code

31 An Act to amend article 1080 of the Municipal Code. 32 An Act respecting winter vehicles.....

The whole.
The whole.

The whole.

The whole.

The whole.

35 An Act to detach the township of Hereford and a part of the
township of Clifton from the county of Compton, and to
annex them to the county of Stanstead for judicial
purposes and to the registration division of Coaticook for Part of sec. 1
registration purposes..

36 An Act to amend the laws respecting Public Instruction...
37 An Act to amend the act passed during the present session
under the No. 5, being chapter 36 of these statutes, in-
tituled "An Act to amend the laws respecting Public
Instruction"

38 An Act to amend the acts concerning Public Instruction in
this Province.....

and sec. 2.

The whole.

The whole.

The whole.

40 An Act to amend the act 47 Victoria, chapter 23, respecting industrial schools......

The whole.

41 An Act to amend the act 49-50 Victoria, chapter 34, respecting the Bar of the Province of Quebec......

The whole.

42 An Act to amend article 81 of the Notarial Code..
44 An Act to amend chapter 18 of the Consolidated Statutes for
Lower Canada.....

The whole.

The whole.

.....

47 An Act respecting Public Health.....

The whole.

48 An Act for the better regulation of interments and disinterments.......

The whole.

49 An Act to amend the act 48 Victoria, chapter 32, respecting the protection of the life and health of persons employed in factories.....

50 An Act to amend the act 49-50 Victoria, chapter 74, respecting the employment of combustible gases in this Province.....

51 An Act to amend the act 36 Victoria, chapter 25, respecting
certain joint stock companies...

60 An Act to amend the act 50 Victoria, chapter 41, intituled
"An Act respecting the incorporation of associations for
literary purposes and for purposes of amusement ".
92 An Act to amend the Quebec Consolidated Railway Act, 1880.
93 An Act to amend the act 43-44 Victoria, chapter 43, respect-
ing railways.....

The whole.

The whole.

The whole.

The whole.
The whole.

The whole.

109 An Act to amend the act 33 Victoria, chapter 32, respecting the formation of joint stock companies for stoning roads. The whole.

REVISED STATUTES

OF THE

PROVINCE OF QUEBEC.

HER

ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

PRELIMINARY TITLE.

STATUTES OF THE PROVINCE.

CHAPTER FIRST.

APPLICATION.

1. This title applies to all the statutes of the Legislature Application. of this Province, except in so far as such application may be inconsistent with the object, the context, or any of the pro

visions of such statutes.

31 V., c 7, s. 1; 49-50 V., c. 95, s. 1.

CHAPTER SECOND.

GENERAL PROVISIONS.

SECTION 1.

FORM OF ENACTING CLAUSE.

2. The form to be used, as indicating the authority under Form of which any statute is passed, is the following:

"Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts." 31 V., c. 6, s. 1; 49-50 V., c.

95, s. 2.

enacting clause.

Considerations.

Entry to be made at the beginning of every act.

Coming

into force of statutes

3. After the insertion of such form, which follows the setting forth of the considerations of the law, if any be mentioned, and which, with the latter, forms the preamble, follows the context in concise and enunciative terms. C. S. C., c. 5, B. 2; 49-50 V., c. 95, s. 3.

SECTION II.

PROMULGATION.

4. The clerk of the Legislative Council, acting as clerk of the Legislature, shall inscribe at the beginning of every statute, immediately after its title, the date on which it was assented to or reserved by the Lieutenant-Governor, and, in the latter case, he shall also inscribe the date on which the Lieutenant-Governor signified the assent of the GovernorGeneral in Council.

Such inscription forms part of the statute. 31 V., c. 6, s. 3 ; 49-50 V., c. 95, s. 4.

5. Unless other provisions be made respecting the date of its becoming executory, every statute of the Province, if not reserved, becomes executory on the sixtieth day after that of its sanction, and, if reserved and afterwards sanctioned, on the tenth day after that of its publication in the Quebec Official Gazette. B. N. A. Act, 1867, ss. 57 and 90; 35 V., c. 4, ss. 1 and 2; 49-50 V., c. 95, s. 5.

SECTION III.

When statutes

cease to be in force.

DISAVOWAL.

6. Every statute ceases to have force and effect from the day on which it is announced, either by proclamation or by speech or by message to the two Houses of the Legislature, that such statute has been disallowed within the year following the reception by the Governor-General of the authentic copy which has been transmitted to him. C. C., 3; B. N. A. Act, 1867, ss. 57 and 90; 49-50 V., c. 95, s. 6.

SECTION IV.

Amendments

to statutes.

Provisions

MODIFICATION OR REPEAL.

7. Every statute may be amended, altered or repealed by any other statute passed in the same session. 31 V., c. 7, s. 4; 49-50 V., c. 95, s. 7.

8. When any provisions of a statute are repealed and of repealed others substituted therefor, the provisions repealed remain in operation, until the provisions substituted become executory

statutes.

under the repealing statute. 31 V., c. 7, s. 11; 49-50 V., c. 95,

8.8.

9. When a statute which repeals another is itself repealed, Effect of the statute first repealed does not come again into force, unless repeal upon the Legislature expresses such intention. 45 V., c. 5, s. 1 ; formerly

49-50 V., c. 95, s. 9.

statutes

repealed.

Legislature to

10. Every statute is considered as reserving to the Legisla- Power of ture, whenever the public good requires the same, the power repeal statof repealing it, and also of revoking, restricting and modify- utes and to ing any power, privilege or advantage granted to any person restrict, &c., privileges, or party. C. S. C., c. 5, s. 6 § 26; 49-50 V., c. 95, s. 10. &c., granted by it.

11. Unless the repealing statute otherwise provides, all Rights and acts, proceedings or things done or begun, and all rights ac- proceedings under repealquired, in virtue of the provisions of any statute afterwards ed statutes. repealed, may be continued, completed and exercised under such provisions, notwithstanding such repeal, by observing, in so far as applicable, the procedure set forth in the new law. 31 V., c. 7, s. 12; 49-50 V., c. 95, s. 11.

SECTION V.

DECLARATORY AND INTERPRETATIVE.

§1.-Declaratory Provisions.

12. The preamble of every statute forms part thereof, and Preamble of assists in explaining its purport and object. C. S. C., c. 5, acts. s. 6 § 28; C. C., 12; 49-50 V., c. 95, s. 12.

statutory

13. The purport and object of every provision of any Object and statute are deemed to be to remedy some evil or promote purpose of some good, whether the law commands or prohibits the doing provisions. of an act which it considers to be advantageous or hurtful to the public good, or inflicts punishment upon offenders.

Such statute receives such fair, large and liberal construc- Manner of intion as will ensure the attainment of its object and the carry- terpretation. ing out of its provisions, according to their true intent, meaning and spirit. C. S. C., c. 5, s. 6 § 28; C. C., 12; 49-50 V.,

e. 95, s. 13.

14. No statute affects the rights of the Crown, unless they Rights not are specially included.

Similarly, no statute of a local and private nature affects the rights of third parties, unless specially mentioned therein.

31 V., c. 7, s. 5; 49-50 V., c. 95, s. 14.

affected.

15. Any abbreviated form of reference to a statute is suf- Abbreviated ficient if intelligible; and no particular form of words is form of needed. 31 V., c. 7, s. 2 § 27; 49-50 V., c. 95, s. 15.

reference.

Use of forms.

Tense of the

verb in any act.

Effect of verb in present

tense.

Interpreta

shall'

16. The strict use of the forms given in statutes to ensure the execution of their provisions is not required on pain of nullity, if the deviations therefrom preserve the meaning of the statute. 31 V., c. 7, s. 2 § 26; 49-50 V., c. 95, s. 16.

17. The law is ever commanding; and whatever be the tense of the verb in which a provision is couched, such provision is deemed to be in force at all times and under all circumstances in which it may apply. C. S. L. C., c. 1, s. 13 § 2

49-50 V., c. 95, s. 17.

18. No provision of law is declaratory or has a retroactive effect, by reason alone of its being enacted in the present tense. 31 V., c. 7, s. 3; 49-50 V., c. 95, s. 18.

19. Whenever it is provided that a thing "shall" be done tion of words or "must" be done, the obligation is imperative; but if it is provided that a thing "may" be done, its accomplishment is permissive. C. C., 15; 49-50 V., c. 95, s. 19.

"must"

and "

may."

Delays
expiring
on holidays.

Masculine gender comprises both

sexes.

Singular number

extends to more than one.

Effect of right of nomination.

Explanation

of word
"judge' &c.,

20. If the delay fixed for any proceeding or for the doing of anything expires on a non-juridical day, such delay is prolonged until the next following juridical day. C. C. P., 3: 49-50 V., c. 95, s. 20.

21. The masculine gender includes both sexes, unless it appears by the context that it is only applicable to one of thein. C. C., 17 § 9; 31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 21.

22. The singular number extends to more than one person or more than one thing of the same sort, whenever the context admits of such extension. C. C., 17 § 10; 32 V., c. 13, s. 1; 49-50 V., c. 95, s. 22.

23. The right of nominating to an employment or office carries with it that of removal. C. C., 17 § 17, 31 V., c. 7, s. 2 §1; 49-50 V., c. 95, s. 23.

24. When anything is ordered to be done by or before a judge, magistrate, functionary or public officer, one is understood whose powers or jurisdiction extend to the place where anything is to such thing is to be done. C. C., 17 § 16; 31 V., c. 7, s. 2 §1; 49-50 V., c. 95, s. 24.

by whom

be done

Effect of

authority to do anything.

Oaths.

25. The authority given to do a thing the powers necessary for that purpose. V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 25.

carries with it all C. C., 17 § 16; 31

26. Unless otherwise specially provided, whenever an oath is ordered to be taken or received, such oath is received, and the certificate of its having been taken, is given by any judge,

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