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PROVINCIAL ACT RESPECTING THE REVISED

STATUTES.

50 VICTORIA.

CHAPTER FIVE.

An Act respecting the Revised Statutes of the Province of
Quebec.

[Assented to 18th May, 1887.]

WE

WHEREAS it has been found expedient to revise, classify Preamble. and consolidate the statutes of a general and permanent character of the late Province of Canada, which affect the Province of Quebec and are within the authority of its Legislature, as well as those of this Province since 1867: and whereas such revision, classification and consolidation have been made accordingly;

And whereas it is expedient to provide for the incorporation therewith of the public general statutes passed during the present Session, and for giving the force of law to the body of Revised Statutes to result from such incorporation: Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

Statutes cer

1. The printed Roll, marked A, attested as that of the said Original roll statutes so revised, classsified and consolidated as aforesaid, of Revised under the signature of the Lieutenant-Governor, and that of tified and dethe Clerk of the Legislature, and deposited in the office of the posited. latter, shall be held to be the original thereof, and to embody so much of the several acts and parts of acts mentioned as to

He repealed in the Appendix A thereto annexed;

ferences. &c.

But the marginal notes and the provisions in italics printed As to marginthereon, the references to former enactments at the foot of the al notes reseveral articles thereof, and the explanatory notes inserted by the revisors, as also the supplement to the twelfth title containing the articles of the Civil Code affected by Federal Legis

Correction of errors, &c.

Insertion of acts of this Session in roll.

Delivery of

lation form no part of the said statutes, and shall be held to have been inserted for reference only, and may be omitted or corrected;

Any misprint or error, whether of commission or omission, or any contradiction or ambiguity, in the said roll, may also be corrected, but without changing the legal effect, and such alterations in the language of the said statutes as are requisite in order to preserve a uniform mode of expression and do not alter the legal effect, may be made in the above mentioned roll.

2. The Lieutenant-Governor may select such acts and parts of acts passed during the present Session as he may deem advisable to incorporate with the Roll marked A, and may cause them to be so incorporated therewith, adapting their form and language to those of the said statutes (but without changing their legal effect), inserting them in their proper places in the in the said statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering of the titles, chapters, sections, paragraphs and articles or their order, if need be, and adding to the said Appendix A a list of the acts and parts of acts of the present Session so incorporated as aforesaid, and also modifying the said acts in the details and to the extent set forth in the annex to this act.

The Clerk of the Legislature is authorized to deliver the roll by Clerk printed Roll marked A of the statutes to such person as he may be requested to give them to by the Attorney-General.

of the Legis

lature.

Deposit of

certified corrected roll, comprising the acts of this Session

and the modi

fications to

Appendix A.

Proviso.

Proclamation

Revised Sta

3. So soon as the said incorporation of such acts and parts of acts, and the said addition to the said Appendix A have been completed, the Lieutenant-Governor may cause a correct printed roll thereof, attested under his signature and countersigned by the Provincial Secretary, to be deposited in the office of the Clerk of the Legislature, which roll shall be held to be the original thereof, and to embody so much of the several acts and parts of acts mentioned as repealed in the amended Appendix A, thereto annexed, as was in force when the said roll was made; any marginal notes printed on such roll, the references to former enactments at the end of each article and the supplement to the twelfth title containing the articles of the Civil Code affected by Federal Legislation, however, shall not form part of the said statutes, but shall be held to have been inserted for reference only.

4. The Lieutenant-Governor in Council, after such deposit declaring the of the said last mentioned roll, may, by proclamation, declare tutes in force. the day on, from and after which the same shall come into force and have effect as law, by the designation of the Revised Statutes of the Province of Quebec.

5. On, from and after such day, the roll shall accordingly Effect of procome into force and effect as and by designation of the "Re- clamation. vised Statutes of the Province of Quebec" to all intents as though the same were expressly embodied in and enacted by this act, to come into force and have effect on, from and after such day.

From and after the same day, all the enactments in the Repeal of several acts and parts of acts in such amended Appendix A, provisions mentioned as repealed, shall, in so far as they are within the Appendix A. Legislative authority of this Province, be repealed to the extent mentioned in the third column of the said Appendix A.

6. The repeal of the said acts and parts of acts shall not Effect of reprevent the effect of any saving clause therein, or the appli- peal. cation of any of the said acts or parts of acts, or of any provision of law formerly in force, to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply.

7. The repeal of the said acts and parts of acts shall not As to certain affect:

matters ante

rior to repeal

not to be afPenalties, &c.

fected by it.

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. Or any action, suit, judgment, decree, certificate, execu- Actions, &c. tion, process, order, rule or any proceeding, matter or thing whatever respecting the same, commenced, instituted, had, entered, granted, pending, existing, or in force at the time of such repeal;

e. Or any act, deed, right, title interest, grant, assurance Acts, deeds, descent, will, registry, statute, rule, order in conncil, proclama- rights, &c. tion, regulation, contract, lien, charge, civil status, capacity, immunity, matter or thing, had, done, made, acquired, established or existing at the time of such repeal;

d. Or any office, appointment, commission, salary, allow- Offices, &c. ance, security, duty, or any matter or thing appertaining thereto at the time of such repeal ;

&c.

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

matters.

2. Nor shall the repeal of such acts and parts of acts de- Any other feat, disturb, invalidate or prejudicially affect any other matter or thing whatsoever, had, done, completed, existing or pending at the time of such repeal;

3. BUT EVERY SUCH :

a. Penalty, forfeiture and liability;

But such;

Penalties, &c.

Actions, &c.;

Acts, &c.;

Offices, &c.;

Marriages, &c.;

Shall remain valid, &c.

Revised Statutes not be considered as

new law.

How con

differ from

tutes.

b. Action, suit, judgment, decree, certificate, execution, process, order, rule, proceeding, matter or thing;

c. Act, deed, right, title, interest, grant, assurance, descent, will, registry, statute, order in council, proclamation, regulation, contract, lien, charge, civil status, capacity, immunity, matter or thing;

d. Office, appointment, commission, salary, security, and duty, matter or thing;

allowance,

e. Marriage, certificate and registry, and every such other matter and thing,

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 the statutes and laws having force in this Province, and subject to the provisions of the said several statutes and laws.

8. The said Revised Statutes shall not be held to operate as new law, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the said acts and parts of acts so repealed, and for which the said Revised Statutes are substituted.

2. But if upon any point the provisions of the said Revised strued if they Statutes are not in effect the same as those of the repealed acts repealed sta- and parts of acts for which they are substituted, then as respects all transactions, matters and things subsequent to the time when the said Statutes take effect, the provisions contained in them shall prevail; but as respects all transactions, matters and things anterior to the said time, the provisions of the said repealed acts and parts of acts shall prevail.

As to references to re

pealed acts in former acts.

As to effect of insertion of

an act in Appendix A.

Copies by
Queen's

9. Any reference in any former act remaining in force, or in any proclamation, order in council, instrument or document, to any act or enactment so repealed, shall, after the Revised Statutes take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enactments in the Revised Statutes having the same effect as such repealed

act or enactment.

10. The insertion of any act in the said Appendix A shall not be construed as a declaration that such act or any part of it was or was not in force immediately before the coming into force of the said Revised Statutes.

11. Copies of the said Revised Statutes, printed by the Queen's Printer from the amended roll so deposited, shall be

received as evidence of the said Revised Statutes in all courts printer to be evidence. and places whatsoever.

and French

12. If upon any point there be a difference between the As to English English and French versions of the Revised Statutes, that ver- versions. sion which is most consistent with the acts consolidated in the said statutes shall prevail.

bution of

13. The laws relating to the distribution of the printed As to districopies of the statutes, shall not apply to the said Řevised copies.

Statutes, but the same shall be distributed in such numbers and to such persons only as the Lieutenant-Governor in Council may direct.

14. This act shall be printed with the said Revised Statutes Printing and interpretaand shall be subject to the same rules of construction as the tion of this said statutes.

act.

Revised Sta

15. In any act and proceeding whatever, the Revised Sta- Citation of tutes, being divided into titles, chapters, sections, and para- tutes. graphs, may be cited as follows:

a. If it concerns a paragraph, by adding the section, the chapter and the title;

b. If it concerns a section,--by adding the chapter and title; c. If it concerns a chapter,—by adding the title;

And in all cases by adding the words "of the Revised Statutes of the Province of Quebec" or simply "of the Revised Statutes."

2. The titles of these Revised Statutes having each only one series of continuous articles, they may further be cited by the article of the title only, by adding the words "of the first title," "second title, etc," as the case may be, and further by adding the words last mentioned in the preceding paragraph.

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