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Punishment Twenty-firstly. Whenever any wilful contravention of any Act for contraven- is made an offence of any particular kind or name, the person
guilty of such contravention shall, on conviction thereof, be punishable in the manner in which such offence is by law punishable.
mode bee shall be reconhe Crown only imself,
Recovery of Twenty-secondly. Whenever any pecuniary penalty or any penalties when no other mode forfeiture is imposed for any contravention of any Act,—then, is prescribed. if no other mode be prescribed for the recovery thereof, such
penalty or forfeiture shall be recoverable with costs by civil action or proceeding at the suit of the Crown only, or of any private party suing as well for the Crown as for himself,-in any form allowed in such case by the law of that Province where it is brought,-before any court having jurisdiction to the amount of the penalty in cases of simple contract,-upon the evidence of any one credible witness other than the plaintiff or party interested ; and if no other provision be made for the appropriation of such penalty or forfeiture, one-half thereof shall belong to the Crown, 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.
Crown's share when not Twenty-thirdly. Any duty, penalty or sum of money, or the otherwise ap- proceeds of any forfeiture, which is by any Act given to the form part of Crown, shall, if no other provision be made respecting it, form Con. Rev. part of the Consolidated Revenue Fund of Canada, and be acFund.
counted for and otherwise dealt with accordingly.
Paying and accounting for Twenty-fourthly. If any sum of the public money be, by any moneys appropriated by Act, appropriated for any purpose or directed to be paid by the statute.
Governor-General,—then, if no other provision be made respecting it, such sum shall be payable under warrant of the Governor-General directed to the Receiver-General, out of the Consolidated Revenue Fund of Canada ; and 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 Officer, as the GovernorGeneral may direct.
of the Pearthe Pea
"Magistrate,” Twenty-fifthly. The word “Magistrate” shall mean a Justice «Two Justices."
of the Peace; the words “two Justices,” shall mean two or more Justices of the Peace, assembled or acting together;—and if any thing is directed to be done by or before a Magistrate or a Justice of the Peace, or other Public Functionary or «fficer, it
shall be done hy or before one whose jurisdiction or powers Power to do extend to the place where such thing is to be done:-And wheninclude all ne
... ever power is given to any person, officer or functionary to do cessary powers or to enforce the doing of any act or thing, all such powers shall for doing it. be understood to be also given as are necessary to enable such
person, officer or functionary to do or enforce the doing of such
act or thing. See C. S. C. c. 5, sec. 6 (20) which is identical with this sub-section.
when no spe
Twenty-sixthly. If in any Act, any party is directed to be im- Imprisonneut prisoned or committed to prison, such imprisonment or committal
on committo where to be, shall, if no other place be mentioned or provided by law, be in cial place is or to the common gaol of the locality in which the order for such mentioned. imprisonment is made, or if there be no common gaol there, then in or to that common gaol which is nearest to such locality; and the keeper of any such common gaol shall receive such person, and him safely keep and detain in such common gaol under his custody until discharged in due course of Law, or bailed in cases in which bail may by Law be taken.
Twenty-seventhly. Words authorizing the appointment of any words giving public officer or functionary, or any deputy, shall include the power to ap: power of removing him, re-appointing him or appointing another pa
power to rein his stead, in the discretion of the authority in whom the power move. of appointment is vested. See C. S. C. c. 5, sec. 6 (22) which is identical with this sub-section.
Twenty-eighthly. Words directing or empowering a public Directions to officer or functionary to do any act or thing, or otherwise apply- public officer, ing to him by his Name of Office, shall include his successors in successors and
to apply to his such Office, and his or their lawful Deputy. See C. S. C., c. 5, his deputy. sec. 6 (23) which is identical with this sub-section.
Twenty-ninthly. All officers now appointed or hereafter to be Appointments
by Governor appointed by the Governor-General, whether by Commission or to be during otherwise shall remain in office during pleasure only, unless other- pleagure. wise expressed in their Commissions or appointments.
Thirtiethly. Words making any association or number of per- Words consti
tuting a corposons a corporation or body politic and corporate, shall vest in ration to vest such corporation, power to sue and be sued, contract and be con- certain powers tracted 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 moveables 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 contravene the provisions of the Act incorporating them ;-But no Corporation shall carry on the business of banking unless when such power is expressly conferred on them by the Act creating such Corporation. See C. S. C. c. 5, sec. 6 (24) which is identical with this sub-section.
Thirty-firstly. Where forms are prescribed slight deviations Slight deviatherefrom not affecting the substance or calculated to mislead shall not vitiate them.
tion from forms not to invalidate
Power to make Thirty-8econdly. Where power to make by-laws, regulations, by-laws, what rules or orders is conferred, it shall include the power to alter included by.
or revoke the same and make others.
Acts not to Thirty-thirdly. No provision or enactment in any Act, shall affect the affect in any manner or way whatsoever, the rights of Her
des Majesty, Her Heirs or successors, unless it is expressly stated clared to do so. therein, that Her Majesty shall be bound thereby; nor if such
ste of Act be of the nature of a private Act, shall it affect the rights private nature. of any person or of any body politic, corporate or collegiate,
such only excepted as are therein mentioned or referred to.
amend any Act.
Power always Thirty-fourthly. Every Act shall be so construed as to re
to to serve to Parliament the power of repealing or amending it, and Parliament to repeal or 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 Parliament to be required for the As to Bank public good; And unless it is otherwise expressly provided in
any Act passed for chartering any Bank, it shall be in the discretion of the Parliament at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as to Parliament appears expedient.
Effect of re- Thirty-fifthly. Where any Act is repealed wholly or in part peal of Act on and other provisions substituted, all officers, persons, bodies persons acting alit
10% politic or corporate acting under the old law shall continue to
act as if appointed under the new law, until others are appointed in their stead; and all proceedings taken under the old law shall be taken up and continued under the new law when not incon
sistent therewith; and all penalties and forfeitures may be Not to affect certain pro. recovered, and all proceedings had in relation to matters which ceedings. have happened before the repeal in the same manner as if the law
were still in force, pursuing the new provisions as far as they
can be adapted to the old law. As to Acts,
Thirty-sixthly. The repeal of an Act at any time shall not &c., done be- affect any act done or any right or right of action existing, accru
ing, accrued or established or any proceedings commenced in a civil cause, before the time when such repeal shall take effect; but the proceedings in such case shall be conformable when necessary to the repealing Act.
Offences com. mitted and penalties in curred not affected by repeal.
Thirty-seventhly. No offence committed and no penalty or forfeiture incurred and no proceeding pending under any Act at any time repealed shall be affected by the repeal, except that the proceedings shall be conformable when necessary to the repealing Act, and that where any penalty, forfeiture or punishment shall have been mitigated by any of the provisions of the repealing Act, such provisions shall be extended and applied to any judgment to be pronounced after such repeal.
Jared to dicially, nout beingrin
Thirty-eighthly. Every Act shall, unless by express provision All Acts to be it is declared to be a Private Act, be deemed to be a Public Act, deeme
' Acts, as reand shall be judicially noticed by all Judges, Justices of the gards pleadPeace and others, without being specially pleaded; And all ing. copies of Acts, public or private, printed by the Queen's printer, Proof of Acts. shall be evidence of such Acts and of their contents, and every copy purporting to be printed by the Queen's printer shall be deemed to be so printed, unless the contrary be shewn.
part of Act.
Thirty-ninthly. The Preamble of every such Act as aforesaid Preamble to be shall be deemed a part thereof intended to assist in explaining a part the purport and object of the Act;—And every Act and every All Acts rene
dial, and to be provision or enactment thereof, shall be deemed remedial, whé- doalstar
Vue construed as ther its immediate purport be to direct the doing of any thing such. which Parliament 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 ensure the attainment of the object of the Act, and of such provision or enactment according to their true intent, meaning and spirit.
Fortiethly. Nothing in this Section shall exclude the applica- Applicable tion to any Act, of any Rule of Construction applicable thereto, rules of conand not inconsistent with this Section.
to this Act.
Forty-firstly. The provisions of this Act' shall apply to the Provisions
wood herein to apply construction thereof, and to the words and expressions used her therein.
8. When any act or thing is required to be done by more than Acts to be two persons, a majority of them may do it. See 22 V. c. 29, done by more
us than two. sec. 13 (5) which is identical with this sub-section.
DISTRIBUTION OF THE PRINTED STATUTES.
9. The Clerk of the Senate shall furnish Her Majesty's Certified copy Printer with a certified copy of every Act of the Parliament of
menu to be furnished Canada, so soon as the same has received the Royal Assent, or if to Queen's the Bill has been reserved, so soon as the Royal Assent thereto Prioter. has been proclaimed in Canada.
The Clerk of the Parliaments now performs this duty under 35 V. c. 1., sec. 1.
Sections 10 and 11 were repealed by 38 V. c. 1, sec. 1, and the following substituted :
10. “The Acts of the Parliament of Canada passed in the present or Acts to be any future session thereof, shall be printed in two separate volumes, the printed in two first of which shall contain such of the said acts and such Orders in separate Council and Proclamations or other documents, and such Acts of the Par- volumes :
is what each liament of the United Kingdom, as the Governor in Council may deem to
shall contain. be of a public and general nature or interest in Canada, and may directa to be inserted in the said volume; and the second volume shall contain the remaining Acts of the session and shall be printed after the first
Copies of each volume. Copies of the said volumes shall be printed in the English and volume to be French languages respectively by the Queen's Printer, who shall, as soon printed. after the close of each Session as may be practicable, deliver or send by
post or otherwise in the most economical manner, the proper number of copies to the parties hereinafter mentioned respectively, and in either or
both languages, as he may be directed, that is to sayDistribution of "To the members of the two Houses of Parliament respectively, such copies. number of copies each as may, from time to time be directed by joint
resolution of the said Houses, or, in default of such resolution, in such numbers as shall be directed by Order of the Governor in Council, -and to such public departments, administrative bodies and officers throughout Canada (including justices of the peace in the distribution of the first but not of the second volume), as may be specified in any Order to be for that purpose made from time to time by the Governor in Council :
Proviso as to “Provided that when any Bill receives the Royal Assent during and Bills assented before the termination of any session of Parliament, the Queen's Printer to during a shall, if so directed by the Secretary of State of Canada, cause distribution session.
of such Act to be made, to the same parties and in like manner and numbers as herein before provided with respect to the Acts of any session ; or such Act may, by order of the Governor, be published in the Canada Gazette, ard printed afterwards in the proper volume of the Statutes."
Duties of the 11. “ The Secretary of State of Canada shall within fifteen days after Secretary of the close of each session of Parliament, transmit to the Queen's Printer State.
a list of the public departments, administrative bodies and officers to whom the first and second volumes respectively, of the Statutes of such session are to be transmitted as aforesaid, and shall also, as occasion requires, furnish him with copies of all Orders in Council made under the provisions of this Act."
If any copies 12. If after the distribution of the said printed Acts any remain, &c.
copies remain in the hands of Her Majesty's Printer, he may deliver any number thereof to any person by order of the Governor-General, on notice thereof by the Secretary of State of Canada,-or to the Members of the Senate or of the House of Commons, on the order of the Speaker of the said Houses respectively.
How Statutes 13. T'he Statutes shall be printed in Royal Octavo Form, on shall be print fine paner. in Small Pica Type, thirty-two ems by fifty-five ems, ed and bound. ne paper, in wman Ica ype, ti
including marginal notes in Minion, such notes referring to the year and chapter of previous Statutes, whenever the text amends, repeals or changes the enactments of former years; and shall be half-bound in Cloth with backs of White Sheep skin and
lettered, with the exception of a certain number to be named Classification by the Standing Committee on Printing which shall be bound of Statutes. in half calf and gilt-lettered, and they shall be arranged for dis
tribution in such manner either by the binding of the Public General Acts, and Acts of a local or private character in separate volumes, or by binding them together in the same volumes with separate indexes or otherwise as the Governor in Council may deem expedient.
Report by 14. Her Majesty's Printer shall, before the opening of each Printer as to
to Session of Parliament, make a Report in triplicate to the Govnumber of copies distri- ernor-General (to be by him laid before each House of Parliabuted. ment within fifteen days after the opening of such Session),