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PROVINCE OF

CANADA.

EDMUND HEAD.

VICTORIA, by the grace of God, of the United Kingdom of Great

Britain and Ireland, QUEEN, Defender of the Faith, &c., &c., &c. To all to whom these presents shall come-GREETING :

350.A. MACDONALD, WHEREAS in and by a certain act of the Legislature

Atty. of the Province of Canada, passed in Twentysecond year of Her Majesty's Reign, and intituled, "An Act respecting the "Consolidated Statutes for Upper Canada," it is amongst other things enacted that "The printed Roll attested as that of the Public General Statutes which apply exclusively to Upper Canada, revised, classified and consolidated, under the signature of His Excellency the Governor General, that of the Clerk of the Legislative Council and that of the Clerk of the Legislative Assembly, and deposited in the office of the Clerk of the Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto annexed; but the marginal notes thereon, and the references to former enactments at the foot of the several sections thereof, form no part of the said Statutes and shall be held to have been inserted for convenience of reference only, and may be omitted or corrected, and any mis-print or clerical error in the said Roll may also be corrected,— in the Roll hereinafter mentioned;" That "The Governor may select such Acts and parts of Acts passed during the present Session, as he may deem it advisable to incorporate with the said Statutes contained in the said first mentioned Roll, and may cause them to be so incorporated therewith, adapting their form and language to those of the said Statutes (but without changing their effect), inserting them in their proper places in the said Statutes, striking out of the latter any enactments repealed by or inconsistent with those so incorporated, altering the numbering of the chapters and sections, if need be, and adding to the said Schedule A a list of the Acts and parts of Acts of the present Session so incorporated as aforesaid; and the Governor may direct that all sums of money stated in the said Roll in Halifax currency, be converted into dollars and cents, in all cases where it can be conveniently done;" That “So soon as the said incorporation of such Acts and parts of Acts with the said Statutes, and the said addition to the said Schedule A shall have been completed, the 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 Legislative Council, which Roll shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as repealed in the amended Schedule A thereto annexed; any marginal notes however, and references to former enactments which may appear thereon being held to form no part of the said Statutes but to be inserted for convenience of reference only" That "The Governor in Council, after such deposit of the Said last mentioned Roll, may, by Proclamation, declare the day on, from and after which the same shall come into force and have effect as law by the designation of "The Consolidated Statutes for Upper Canada ;" And that " On from and after such day, the same shall accordingly come into force and effect as and by the designation of "The Consolidated Statutes for Upper Canada," 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; and on, from and after the same day, all the enactments in the several Acts and parts of Acts in

U. C.

save only as hereinafter is provided;" AND WHEREAS THE RIGHT HONO SIR EDMUND WALKER HEAD, Baronet, being Governor General of Ou Province of Canada, hath selected such Acts and parts of Acts passed the Session of the Legislature of the Province of Canada now last past, deemed it advisable to incorporate with the Statutes contained in the p roll attested as that of the Public General Statutes which apply exclusiv Upper Canada, revised, classified and consolidated, under his signature, t the Clerk of the Legislative Council, and that of the Clerk of the Legis Assembly, and deposited in the office of the Clerk of the Legislative Co and hath caused them to be so incorporated therewith, adapting their form language to those of the said Statutes, (but without changing their e hath caused them to be inserted in their proper places in the said Sta striking out of the latter such enactments as are repealed by, or are incons with those so incorporated, and hath caused the numbering of the Chapter Sections to be altered, as was necessary, and hath caused to be added to Schedule A a list of the Acts and parts of Acts of the said Session so i porated as aforesaid, and hath caused all sums of money stated in the said in Halifax currency, to be converted into dollars and cents, in all cases w it could be conveniently done; and so soon as the said incorporation of Acts and parts of Acts with the said Statutes and the said addition to the Schedule A was completed, hath caused a correct printed roll thereof, att under his signature and countersigned by the Provincial Secretary, t deposited in the office of the Clerk of the Legislative Council; AND WHE the provisions contained in the first three sections of the said Act have thus duly carried into effect; AND WHEREAS Our said Governor, after deposit of the said last mentioned Roll, by and with the advice and conser Our Executive Council for the said Province, hath declared the FIFTH da DECEMBER next as the day on, from and after which the same shall come force and have effect as law by the designation of "The Consolidated Stat for Upper Canada;" Now KNOW YE, that by and with the advice of Our H cutive Council of the said Province of Canada, We do, by this Our Royal 1 clamation, declare that on, from and after the FIFTH day of the mont DECEMBER now next ensuing, the said last mentioned Roll attested un the signature of Our said Governor of Our Province of Canada, countersig by the Provincial Secretary and deposited in the office of the Clerk of Legislative Council of the said Province as aforesaid, shall come into force have effect as law by the designation of "The Consolidated Statutes for Up Canada," to all intents as though the same were expressly embodied in enacted by the said Act. Of all which Our loving subjects of Our said Provin and all others whom these presents may concern, are hereby required to t notice, and to govern themselves accordingly.

IN TESTIMONY WHEREOF, We have caused these Our Letters to made Patent, and the Great Seal of Our said Province Canada to be hereunto affixed: WITNESS. Our Right Tru and Well-Beloved the Right Honorable SIR EDMU WALKER HEAD, Baronet, One of Our Most Honorable Pri Council, Governor General of British North America, a Captain General and Governor in Chief in and over Our P vinces of Canada, Nova Scotia, New Brunswick and t Island of Prince Edward, and Vice Admiral of the san &c., &c., &c. At Our Government House, in Our CITY QUEBEC, in Our said Province of Canada, this NINT day of NOVEMBER, in the year of Our Lord, one thousa eight hundred and fifty-nine, and in the Twenty-thi year of Our Reign.

By Command,

CHARLES ALLEYN, Secretary.

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WHEREAS it has been found expedient to revise, classify Preamble.

Public

apply exclusively to Upper Canada, including both those passed by the Legislature of the late Province of Upper Canada, and those passed by the Parliament of Canada;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 in so far as the same affect Upper Canada exclusively, and for giving the force of law to the body of Consolidated Statutes to result from such incorporation: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Statutes revis

1. The printed Roll attested as that of the said Statutes so Original Roll of revised, classified and consolidated as aforesaid, under the d, e, to be signature of His Excellency the Governor General, that of the certified and Clerk of the Legislative Council and that of the Clerk of the deposited. Legislative Assembly, and deposited in the office of the Clerk of the Legislative Council, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned as to be repealed in the Schedule A thereto annexed; but the marginal notes thereon, and the references to As to marginal

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notes, misprints, &c.

Governor may

former enactments at the foot of the several sections the form no part of the said Statutes, and shall be held to have inserted for convenience of reference only, and may be om or corrected, and any mis-print or clerical error in the Roll may also be corrected,-in the Roll hereinafter mentio 2. The Governor may select such Acts and parts of cause the les passed during the present Session, as he may deem it ad gislation of this Session to be ble to incorporate with the said Statutes contained in the incorporated first mentioned Roll, and may cause them to be so incorpor with the Statutes in the therewith, adapting their form and language to those of said Roll. said Statutes (but without changing their effect), inserting ti in their proper places in the said Statutes, striking out of latter any enactments repealed by or inconsistent with thos incorporated, altering the numbering of the chapters and tions, if need be, and adding to the said Schedule A a lis the Acts and parts of Acts of the present Session so incorpora as aforesaid; and the Governor may direct that all sum money stated in the said Roll in Halifax currency, be conv ed into dollars and cents, in all cases where it can be c veniently done.

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3. So soon as the said incorporation of such Acts and pa of Acts with the said Statutes, and the said addition to said Schedule A shall have been completed, the Gover may cause a correct printed Roll thereof attested under signature and countersigned by the Provincial Secretary, to deposited in the office of the Clerk of the Legislative Coun which Roll shall be held to be the original thereof, and to e body the several Acts and parts of Acts mentioned as repea in the amended Schedule A thereto annexed; any margi notes however, and references to former enactments wh may appear thereon being held to form no part of the said S tutes but to be inserted for convenience of reference only.

4. The Governor in Council, after such deposit of the sa last mentioned Roll, may, by Proclamation, declare the day from and after which the same shall come into force and ha effect as law by the designation of "The Consolidated Statut for Upper Canada."

5. On, from and after such day, the same shall according come into force and effect as and by the designation of "T Consolidated Statutes for Upper Canada," to all intents though the same were expressly embodied in and enacted this Act, to come into force and have effect on, from and aft such day; and on, from and after the same day, all the enac ments in the several Acts and parts of Acts in such amende Schedule A mentioned as repealed, shall stand and be repeale save only as hereinafter is provided.

6. The repeal of the said Acts and parts of Acts shall n revive any Act or provision of law repealed by them; nor sha the said repeal prevent the effect of any saving clause in th

said Acts and parts of Acts, or the application of any of the said Acts or parts of Acts or of any Act or provision of laws 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 Certain matters affect

anterior to the repeal not to be affected by it,

1. Any penalty, forfeiture or liability, civil or criminal, in- Penalties, &c. curred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal,—

2. Nor any indictment, information, conviction, sentence or Indictments, prosecution had, done, completed or pending at the time of such &c. repeal,

3. Nor any action, suit, judgment, decree, certificate, execu- Actions, &c. tion, process, order, rule or any procceding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal,

4. Nor any act, deed, right, title, interest, grant, assurance, Acts, deeds, descent, will, registry, contract, lien, charge, matter or thing, rights, &c. had, done, made, acquired, established or existing at the time of such repeal,—

5. Nor any office, appointment, commission, salary, allow- Offices, &c. ance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal,—

6. Nor any marriage, certificate or registry thereof, lawfully Marriages, &c. had, made, granted or existing before or at the time of such repeal,

7. Nor shall such repeal defeat, disturb, invalidate or pre- Any other matjudicially affect any other matter or thing whatsoever, had, ters, &c. done, completed, existing or pending at the time of such repeal ;

8. But every

Such penalty, forfeiture and liability, and every such

Indictment, information, conviction, sentence and prosecution, and every such

Action, suit, judgment, decree, certificate, execution, process, order, rule, proceeding, matter or thing, and every such

Act, deed, right, title, interest, grant, assurance, descent, will, registry, contract, lien, charge, matter or thing, and every such

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Office,

But the same to
remain valid,
&c.

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