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Appointment, removal, etc., of officials

Successors and deputies of officials

Minister of
Crown

Officers retained during pleasure

When

all persons entrusted with the expenditure of any such sum or any part thereof shall account for the same in such manner and form with such vouchers at such periods and to such officers as the Lieutenant Governor may direct;

33. Words authorising the appointment of any public officer or functionary or any deputy include the power of removing or suspending him, reappointing or reinstating him or appointing another in his stead in the discretion of the authority in whom the power of appointment is vested;

34. Words directing or empowering any public officer or functionary to do any act or thing or otherwise applying to him by his name of office include his successors in such office and his or their lawful deputy;

35. Words directing or empowering a minister of the Crown. to do any act or thing or otherwise applying to him by his name of office include a minister acting for or (if the office is vacant) in the place of such minister under the authority of The Territories Public Service Ordinance or an Order in Council and also his successors in such office and his or their lawful deputy; 36. All officers now appointed or hereafter appointed under the authority of an Ordinance (whether by commission or otherwise) shall remain in office during pleasure only unless otherwise authorised by law;

37. When any act or thing is required to be done by more majority may than two persons a majority of them may do it ;

act

Effect of

38. Words making any as-ociation or number of persons a incorporation corporation or body politic and corporate shall vest in such corporation power to sue and be sued, contract and be contracted with by their corporate name; to have a common seal and to alter or change the same at their pleasure; and to have perpetual succession; and power to acquire and hold personal property or movables for the purposes for which the corporation is constituted and to alienate the same at pleasure; and shall also vest in any majority of the members of the corporation. the power to bind the others by their acts; and shall exempt the individual members of the corporation from personal liability for its debts or obligations or acts provided they do not violate the provisions of the Ordinance incorporating them;

Forms

Repeal of
by-laws, etc.

Private
Ordinances

Power of repeal reserved

39. Whenever forms are prescribed slight deviations therefrom not affecting the substance or calculated to mislead shall not vitiate them;

40. Whenever power to make by-laws, regulations, rules or orders is conferred it shall include the power from time to time to alter or revoke the same and make others;

41. No provision or enactment in any Ordinance which is of the nature of a private Ordinance shall affect the rights of any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to;

42. Every Ordinance shall be so construed as to reserve to the Legislative Assembly the power of repealing or amending

it and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person or party whenever such repeal, amendment, revocation, restriction or modification is deemed by the Legislative Assembly to be required for the public good;

limited

43. The repeal of any Ordinance or part of an Ordinance Effect of repeal shall not revive any Ordinance or provision of law repealed by such Ordinance or part of an Ordinance or prevent the effect of any saving clause therein;

declaration as

44. The repeal or amendment of any Ordinance shall not be Repeal no deemed to be or to involve any declaration whatsoever as to to law the previous state of the law;

previously

Continuation

45. Whenever any Ordinance is repealed (wholly or in part) Repeal: and other provisions are substituted and whenever any regula- of previous tion is revoked and other provisions substituted all officers, officers, etc. persons, 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 taken up and continued under the new law or regulation when not inconsistent therewith; and all penalties and forfeitures 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;

By-laws, etc.,

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

Reference to

47. Whenever any Ordinance or part of an Ordinance is Repeal: repealed and other provisions are substituted by way of old law amendment, revision or consolidation, any reference in any unrepealed Ordinance (or in any rule, order or regulation made thereunder) to such repealed Ordinance or enactment shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substituted Ordinance or enactment relating to the same subject matter as such repealed Ordinance or enactment :

Provided always that where there is no provision in the substituted Ordinance or enactinent relating to the same subject matter, the repealed Ordinance 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 effect to such unrepealed Ordinance or such rule, order or regulation made thereunder;

Existing

48. The repeal of an Ordinance or the revocation of a regula- Repeal: tion at any time shall not affect any act done or any right or rights right of action existing, accruing, accrued or established or reserved any proceedings commenced in a civil cause before the time.

Enforcement

when such repeal or revocation takes effect; but the proceedings in such case shall be conformable when necessary to the repealing Ordinance or regulation ;

49. Unless otherwise therein specially provided, proceedings of Ordinances for the imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinance or municipal bylaw may be brought summarily before a justice of the peace under the provisions of part LVIII of The Criminal Code 1892; and the words "on summary conviction" whenever they occur in any Ordinance shall refer to and mean under and by virtue of part LVIII aforesaid ;

Application of fines, etc.

Recovery of penalties in unprovided

cases

Repeal:

forfeitures not affected

50. Any duty, penalty, fine or sum of money or the proceeds of any forfeiture under any law of the Territories shall (if no other provision be made respecting it) belong to the Crown for the public uses of the Territories and form part of the general revenue fund of the Territories;

51. Where a pecuniary penalty or a forfeiture is imposed for the contravention of any Ordinance then (if the provisions of part LVIII aforesaid are not applicable to the case and if no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is not applicable to the case) the penalty or forfeiture shall be recoverable with costs. by civil action or proceeding at the suit of the Attorney General or of a private party suing as well for the Crown as himself in the Supreme Court in any judicial district of the Territories; if no other provision is made for the appropriation of the penalty or forfeiture one-half thereof shall belong to the Government of the Territories and the other half shall belong to the private plaintiff if any there be and if there be none the whole shall belong to the Crown;

52. No offence committed and no penalty or forfeiture Penalties and incurred and no proceeding pending under any Ordinance 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 Ordinance or regulation: and whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Ordinance or regulation, such provisions shall be extended and a plied to any judgment to be pronounced after such repeal or revocation;

Ordinances public

53. Every Ordinance shall (unless by express provision it is declared to be a private Ordinance) be deemed to be a public Judicial notice Ordinance and shall be judicially noticed by all judges, justices of the peace and others;

Printed copies of Ordinances

Evidence of
Orders in
Council

54. Every copy of any Ordinance (public or private) printed by authority of law shall be evidence of such Ordinance and of its contents; and every copy purporting to be so printed shall be deemed to be so printed unless the contrary is shown;

55. A copy of any regulation or Order of the Lieutenant Governor in Council printed by the Queen's Printer or a written copy thereof attested by the signature of the clerk of the Executive Council shall be evidence of such regulation or

Order; and any Order in writing signed by the member of the Executive Council fulfilling the duties of the Territorial Secretary and purporting to be written by command of the Lieutenant Governor shall be received in evidence as the Order of the Lieutenant Governor;

of Ordinances

56. The preamble of every Ordinance shall be deemed a Construction part thereof intended to assist in explaining the purport and object of the Ordinance; and every Ordinance and every provision or enactment thereof shall be deemed remedial (whether its immediate purport is to direct the doing of any thing which the Legislative Assembly 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 Ordinance and of such provision or enactment according to its true intent, meaning and spirit;

sections

57. Where reference is made in any Ordinance by number Reference to to two or more sections, subsections, clauses or paragraphs of any Ordinance or Statute, the number first mentioned and the nuinber last mentioned shall both be deemed to be included in the reference;

58. Reference by number to any section, subsection, paragraph, clause or line of any other Ordinance shall be deemed to be a reference to such section, subsection, paragraph, clause or line of such other Ordinance as printed by authority of law;

under

preliminary to

59. Where an Ordinance is not to come into operation imme- Proceedings diately on the passing thereof and confers power to hold any ordinance election, to make any appointment, to make, grant or issue any coming into instrument, Order in Council, order, warrant, scheme, letters force patent, rules, regulations or by-laws, to give notices, to prescribe forms or to do any other thing for the purposes of the Ordinance, that power may (unless the contrary intention appears) be exercised at any time after the passing of the Ordinance so far as may be necessary or expedient for the purpose of bringing the Ordinance into operation at the date of the commencement thereof, subject to this restriction that any such instrument, Order in Council, order, warrant, scheme, letters patent, rules, regulations or by-laws shall not (unless a contrary intention appears in the Ordinance or the contrary is necessary for bringing the Ordinance into operation) come into operation until the Ordinance comes into operation;

60. Nothing in this section shall exclude the application to General rules any Ordinance of any rule of construction applicable thereto of construction

and not inconsistent with this section.

R.O. c.

1, s. 8; No. 3

of 1891-2, s. 1; No. 3 of 1892; No. 14 of 1893, ss. 1, 2; No. 16 of 1897, s. 9; No. 38 of 1897, s. 2 (3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14); No. 2 of 1898, ss. 1, 2, 3, 4, 5, 6, 8.

CUSTODY OF ORDINANCES.

be of record

9. All Ordinances heretofore passed, now passed and here- Ordinances to after to be passed shall be and continue to remain of record in

Authentication of copies

Certified copies

Certificate

the custody of the clerk of the Legislative Assembly.
1, s. 9; No. 38 of 1897, s. 2 (15).

CERTIFIED COPIES OF ORDINANCES.

R.O. c.

10. The clerk of the Legislative Assembly shall affix the seal of the Territories to certified copies of all Ordinances intended for transmission to the Secretary of State or required to be produced before courts of justice and in any other case which the Lieutenant Governor in Council may direct; and such copies so certified shall be held to be duplicate originals and also to be evidence (as if printed by lawful authority) of such Ordinances and of their contents. R.O. c. 1, s. 10; No. 2 of 1898, s. 7.

11. The clerk of the Legislative Assembly shall furnish a certified copy of any Ordinance to any person applying for the same upon receiving from such person such fee (not exceeding ten cents for every hundred words) as the Lieutenant Governor in Council may from time to time direct. R.O. c. 1, s. 11; No. 2 of 1898, s. 7.

12. The clerk of the Legislative Assembly shall insert at the foot of every such copy so required to be certified a written certificate duly signed and authenticated by him to the effect that it is a true copy; and in case of any Ordinance disallowed Disallowance after it came into force, "but disallowed by the Governor General in Council, which disallowance took effect on the day of

Interpretation hereof

A.D. 1 ." R.O. c. 1, s. 12.

CONSTRUCTION OF THIS ORDINANCE.

13. The provisions of this Ordinance shall apply to the construction thereof and to the words and expressions used therein. R.O. c. 1, s. 14.

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