in controver

2nd. Of controversies between any other Province of the sies between Dominion, which may have passed an Act similar to this present Act, and this Province;

Ontario and certain other Provinces.

in certain

cases involv

ing the vali

3rd. Of suits, actions, or proceedings, in which the parties thereto, by their pleadings, shall have raised the question of

dity of Acts of the validity of an Act of the Parliament of Canada, or of an

Canada or

Act of the Legislature of this Province, when in the opinion of a Judge of the Court in which the same are pending such question is material; and in such case the said Judge shall, at the request of the parties, and may without such request if he thinks fit, order the case to be removed to the Supreme Court in order to the decision of such question.

Preamble.

Original Roll of Statutes revised, etc., to

As to marginal

CHAP. 6.

An Act respecting the Revised Statutes of Ontario.

[Assented to 2nd March, 1877.]

WHEREAS it has been found expedient to revise, classify

and consolidate the Public General Statutes, which apply to the Province of Ontario and are within the legislative authority of the Legislature of Ontario; 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 Legislative Assembly of the Province of Ontario, enacts as follows:

1. The printed Roll marked X and attested as that of the said Statutes so revised, classified and consolidated as aforesaid, under be certified and the signature of His Honour the Lieutenant-Governor and that deposited. of the Clerk of the Legislative Assembly, and deposited in the office of the Clerk of the Legislative Assembly, shall be held to be the original thereof, and to embody the several Acts and parts of Acts mentioned, as to be repealed in the Schedule A, thereto annexed; but the marginal notes thereon, and the references to former enactments at the foot of the several sections thereof, and the sections printed in bourgeois type, 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 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

notes, misprints, etc.

effect

effect, and such alterations in the language of said Statutes as are requisite in order to preserve a uniform mode of expression and do not alter the legal effect may be made, and any of the enacting clauses in said Statutes may be printed in bourgeois type, and any of the sections in bourgeois type may be printed among the enacting clauses where proper-in the Roll herein

after mentioned.

2. The Lieutenant-Governor may select such Acts and parts Lieutenantof Acts passed during the present Session, as he may deem it Governor may cause the legis advisable to incorporate with the said Statutes contained in the lation of this said first mentioned Roll, and may cause them to be so incor- Session to be porated therewith, adapting their form and language to those with the Staincorporated of the said Statutes (but without changing their effect), inserting tutes in the them in their proper places in the said Statutes, striking out of said Roll. 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.

doubtful.

3. In case the Lieutenant-Governor is advised that any Acts in respect of the Acts or parts of Acts included among the enacting clauses to which the jurisdiction of in such first mentioned Roll might be held to be not within the the Provincial legislative authority of the Legislature of this Province, he may Legislature is cause them to be omitted from the enacting clauses of the Roll hereinafter mentioned; and in case the Lieutenant-Governor is advised that any Acts or parts of Acts of the late Province of Canada, remaining in force and not included in the enacting clauses of said first mentioned Roll, might be held to be within the legislative authority of the Legislature of this Province, he may cause them to be inserted in the Roll hereinafter mentioned, making such alterations in their language as may be proper, but without changing the legal effect.

2. In either of said cases such alterations shall be made in said Schedule A as may by, such omission or insertion, be rendered necessary.

deposited and

4. So soon as the said incorporation of such Acts, and parts of Certified Roll Acts with the said Statutes, and the said addition to the said including the legislation of Schedule A has been completed, the Lieutenant-Governor may the present cause a correct printed Roll thereof attested under his signature Session to be and countersigned by the Provincial Secretary, to be deposited serve as the in the office of the Clerk of the Legislative Assembly, which Roll original thereof 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, references to former enactments, and sections printed in bourgeois type which may appear thereon being held to form no part of the said Statutes, but to be inserted for convenience of reference only.

Proclamation

for bringing the Revised

5. The Lieutenant-Governor in Council, after such deposit of the said last mentioned Roll, may by Proclamation declare Statutes into the day on, from and after which the same shall come into force force on a cer- and have effect as law, by the designation of "The Revised Statutes of Ontario."

tain day.

On and after

that day, they

and the enactments embodied in

6. On, from and after such day, the same shall accordingly shall be in force come into force and effect as and by the designation of "The Revised Statutes of Ontario," to all intents as though the same were expressly embodied in and enacted by this Act, to come them repealed. 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 such amended Schedule A mentioned, so far as they relate to this Province, shall stand and be repealed to the extent mentioned in the third column of said Schedule A, save only as hereinafter is provided.

Exception:

Repeal not to extend to Act

liament has jurisdiction.

7. Such repeal shall not be construed as intended to exover which the tend to such of the provisions of said Acts and parts of Acts as Dominion Par- relate to subjects in regard to which the Parliament of Canada has exclusive powers of legislation; but the said Acts and parts of Acts (in so far only as is necessary to give effect to every such provision) shall remain in full force and effect, subject however to the tenth section of this Act.

Saving as to transactions,

etc., anterior

8. The repeal of the said Acts and parts of Acts shall not revive any Act or provision of law repealed by them: nor shall to the repeal. the said repeal prevent the effect of any saving clause in the 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 law formerly in force, to any transaction, matter or thing anterior to the said repeal, to which they would otherwise apply.

Certain matters anterior to the repeal not to be affected by it,

Penalties, etc.

Actions, etc.

Acts, deeds, rights, etc.

Offices, etc

9. The repeal of the said Acts and parts of Acts shall not affect

(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.) Nor any action, suit, judgment, decree, certificate, execution, process, order, rule, or any proceeding, matter or thing whatever respecting the same, had, done, made, entered, granted, completed, pending, existing, or in force at the time of such repeal,

(c.) Nor any act, deed, right, title, interest, grant, assurance, descent, will, registry, by-law, rule, regulation, contract, lien, charge, matter or thing, had, done, made, acquired, established or existing at the time of such repeal,

(d.) Nor any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto, at the time of such repeal,

(e.)

(e.) Nor any marriage, certificate or registry thereof, lawfully Marriages, etc. had, made, granted or existing before or at the time of such repeal,

(f) Nor shall such repeal defeat, disturb, invalidate or pre- And other judicially affect any other matter or thing whatsoever, had, matters, etc. done, completed, existing or pending at the time of such repeal ;

2. But every such

Penalty, forfeiture and liability, and every such

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

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

Office, appointment, commission, salary, allowance, security and duty, and every such

Marriage, certificate and registry thereof, and every such other matter and thing, and the force and effect thereof, respectively,

But the same

shall remain

valid, etc.

may and shall, both at Law and in Equity, remain and continue And may be as if no such repeal had taken place, and so far as necessary, and under what enforced, etc., may and shall be continued, prosecuted, enforced and proceeded laws. with under the said Revised Statutes and other the statutes and laws having force in this Province, so far as applicable thereto, and subject to the provisions of the said several statutes and laws.

be deemed new

10. The said Revised Statutes shall not be held to operate as Revised new laws, but shall be construed and have effect as a consoli- Statutes not to dation and as declaratory of the law as contained in the said Laws. Acts and parts of Acts so repealed, and for which the said Revised Statutes are substituted.

same in effect

2. The various provisions in the Revised Statutes corres- How construed ponding to and substituted for the provisions of the Acts and where the parts of Acts so repealed, shall, where they are the same in as the repealed effect as those of the Acts and parts of Acts so repealed, be Acts. held to operate retrospectively as well as prospectively, and to have been passed upon the days respectively upon which the Acts and parts of Acts so repealed came into effect.

How construed

if in any case

Acts.

3. But if upon any point the provisions of the said Revised Statutes are not in effect the same as those of the repealed Acts they differ from and parts of Acts for which they are substituted, then as re- the repealed spects all transactions, matters and things subsequent to the time when the said Revised 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.

in

ences to re

11. Any reference in any former Act remaining in force, or As to referany instrument or document, to any Act or enactment so pealed Acts, in repealed,

B

etc.

former Acts, 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.

As to effect of

Act in Sche

12. The insertion of any Act in the said Schedule A shall insertion of an 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.

dule A.

Copies printed by Queen's

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

evidence.

As to distribu

received as evidence of the said Revised Statutes in all Courts and places whatsoever.

14. The laws relating to the distribution of the printed tion of copies. copies of the Statutes shall not apply to the said Revised Statutes, but the same shall be distributed in such numbers and to such persons only as the Lieutenant-Governor in Council may direct.

This Act to be

printed with

15. This Act shall be printed with the said Revised Statutes, the said Stat- and shall be subject to the same rules of construction as the said Revised Statutes.

utes.

How they may be cited.

16. Any chapter of the said Revised Statutes may be cited and referred to in any Act or proceeding whatever, either by its title as an Act, or by its short title, or by using the expression "The Revised Statute respecting" (adding the remainder of the title given at the beginning of the particular chapter), or by using the expression "The Revised Statutes or The Revised Statutes of Ontario, chapter (adding the number of the particular chapter in the copies printed by the Queen's Printer.)

Preamble.

CHAP. 7.

An Act to provide for certain amendments and additions to the Statutes of the Province, as consolidated by the Commissioners appointed for that purpose.

[Assented to 2nd March, 1877.]

HEREAS it has been found expedient to revise, classify, and consolidate the Public General Statutes which apply to this Province, and are within the legislative authority of its Legislature; And whereas, such revision, classification and consolidation have been made accordingly, and a Roll, marked X

and