A. D. 1872.

of Her Majesty and of Her Royal Successors-and any day
appointed by Proclamation for a general fast or thanksgiving:
(13.) The word "oath" shall be construed as meaning a solemn "Oath.”
affirmation whenever the context applies to any person and

case by whom and in which a solemn affirmation may be
made instead of an oath, and in like cases the word "sworn" "Sworn."
shall include the word "affirmed:" And in every case "Affirmed."
where an oath or affirmation is directed to be made before
any person or officer, such person or officer shall have full
power and authority to administer the same and to certify its
having been made: And the wilful making of any false state-
ment in any such oath or affirmation shall be wilful and
corrupt perjury; and the wilful making of any false statement Perjury.
in any declaration, required or authorized by any Act, shall

be a misdemeanor, punishable as wilful and corrupt perjury:

(14.) The word "sureties" shall mean sufficient sureties, and the "Sureties.”
word "security" shall mean sufficient security, and where "Security."
these words are used, one person shall be sufficient therefor,
unless otherwise expressly required:

(15.) The words "Supreme Court" shall mean the Supreme Court
of British Columbia:

"Supreme Court."

"Registrar."

(16.) The words "Registrar" or "Register" in any Act, shall
mean and include indifferently Registrars and Registers, and "Register."
their deputies respectively:

(17.) Any wilful contravention of any Act, which is not made an Contravention of offence of some other kind, shall be a misdemeanor, and Acts. punishable accordingly:

(18.) Whenever any wilful contravention of any Act is made an Punishment for offence of any particular kind or name, the person guilty of contravention. such contravention shall, on conviction thereof, be punishable

in the manner in which such offence is by law punishable:

(19.) Whenever any pecuniary penalty or any forfeiture is imposed Recovery of penalfor any contravention of any Act, then, if no other mode be ties when no other mode is prescribed. 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 this Province-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 Appropriation. forfeiture, one-half thereof shall belong to the Crown, and the

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When not otherwise appropriated to form part of Consolidated Revenue Fund.

Paying and accounting for moneys appropriated by statute.

"Magistrate,"
"two Justices."

Power to do anything to include all necessary powers for doing it.

Imprisonment

where to be, when no special place is mentioned.

Words authorizing appointment include power to remove.

other half shall belong to the private plaintiff, if any there be, and if there be none the whole shall belong to the Crown: (20.) Any duty, penalty, or sum of money, or the proceeds of any forfeiture, which is by any Act given to the Crown, shall, if no other provision be made respecting it, form part of the general revenue of this Province, and be accounted for and otherwise dealt with accordingly:

(21.) If any sum of the public money be by any Act appropriated for any purpose, or directed to be paid by the LieutenantGovernor, then, if no other provision be made respecting it, such sum shall be payable under warrant of the LieutenantGovernor, directed to the Treasurer of the Province or the person in charge of the Treasury, out of the general revenue of this Province; 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 Lieutenant-Governor may direct:

(22.) The word "Magistrate" shall mean a Justice 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 officer, it shall be done by or before one whose jurisdiction or power extends to the place where such thing is to be done; and whenever power is given to any person, officer, or functionary to do or to enforce the doing of any act or thing, all such powers shall 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:

(23.) If, in any Act, any party is directed to be imprisoned or committed to prison, such imprisonment or committal shall, if no other place be mentioned or provided by law, be in or to the common gaol of the locality in which the order for such 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:

(24.) Words authorizing the appointment of any public officer or functionary, or any deputy, shall include the power of removing him, re-appointing him, or appointing another in his

stead, in the discretion of the authority in whom the power

of appointment is vested:

his successors and

a corporation to vest certain powers in it.

(25.) Words directing or empowering a public officer or func- Directions to public tionary to do any act or thing, or otherwise applying to him officer, to apply to by his name of office, shall include his successors in such his deputy. office, and his or their lawful deputy: (26.) All officers now appointed or hereafter to be appointed by Appointments by the Lieutenant-Governor, whether by Commission or other- Lieutenant-Governor to be during wise, shall remain in office during pleasure only : pleasure. (27.) Words making any association or number of persons a Words constituting 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 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:

forms.

(28.) Where forms are prescribed, slight deviations therefrom Deviation from not affecting the substance or calculated to mislead, shall not vitiate them:

(29.) Where power to make by-laws, regulations, rules, or orders Power to make Byis conferred, it shall include the power to alter or revoke the laws. same and make others:

specially declared

(30.) No provision or enactment in any Act shall affect, in any Acts not to affect manner or way whatsoever, the rights of Her Majesty, Her the Crown unless heirs or successors, unless it is expressly stated therein that to do so. Her Majesty shall be bound thereby; nor if such Act be of the nature of a private Act, shall it affect the rights of any person, or of any body politic, corporate, or collegiate (such only excepted as are therein mentioned or referred to):

amend any Act.

(31) Every Act shall be so construed as to reserve to the Legis- Power to Parlialature the power of repealing or amending it, and of revoking, ment to repeal or 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

A. D. 1872.

Effect of repeal of Act on persons acting under it.

As to acts, &c., done before repeal.

Offences committed and penalties incurred not affected by repeal.

Rules, &c., made before repeal.

Appointments and bonds given before repeal.

All Acts to be deemed public Acts.

Proof of Acts.

modification is deemed by the Legislature to be required for
the public good:

(32.) Where any Act is repealed, wholly or in part, and other
provisions substituted, all officers, persons, bodies 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 inconsistent therewith; and all penalties and forfeitures
may be recovered, and all proceedings had in relation to
matters which 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 :
(33.) The repeal of an Act at any time shall not affect any act
done or any right or right of action existing, accruing,
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 cases shall be conformable
when necessary to the repealing Act:

(34.) 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 :

(35.) All rules and regulations made under any Act before the repeal thereof, shall continue valid until altered or annulled: (36.) All appointments, and all bonds and securities given by the parties appointed under any Act at any time passed and repealed, shall not be affected thereby, but remain in full force; and all offices, establishments, books, papers, and other things made or used under any repealed Act, shall continue as before the repeal:

(37.) Every Act shall, unless by express provision it is declared to be a private Act, be deemed to be a public Act, and shall be judicially noticed by all Judges, Justices of the Peace, and others, without being specially pleaded. And all copies of Acts, public or private, printed by the Government Printer, shall be evidence of such Acts, and of their contents; and every copy purporting to be printed by the Government Printer, shall be deemed to be so printed, unless the contrary be shewn:

(38.) The preamble of every such Act as aforesaid shall be

A. D. 1872.

deemed a part thereof intended to assist in explaining the Preamble to be a
purport and object of the Act: And every Act and every part of Act.
provision or enactment thereof, shall be deemed remedial; All Acts remedial.
whether its immediate purport be to direct the doing of any
thing which the Legislature 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 interpre-
tation 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:

(39.) Nothing in this Section shall exclude the application to any Applicable rules of Act, of any rule of construction applicable thereto, and not construction. inconsistent with this Section:

(40.) The provisions of this Act shall apply to the construction Provisions herein to apply to this Act. hereof, and to the words and expressions used herein.

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

9. Nothing in this Act contained shall be deemed to affect the operation of an Act passed in the 13th and 14th years of the reign of Her Majesty Queen Victoria, intituled "An Act for shortening the language used in Acts of Parliament," so far as the same, or any part thereof, is not absolutely repugnant to this Act.

10. This Act may be cited as the "Interpretation Act, 1872."

more than two.

Not to affect Impe

rial Statute of 13 &

14 Vict.

Short Title.

CHAP. 3.

An Ordinance respecting the appointment of Commissioners to take Affidavits and Bail, and for the making of Statutory Declarations.

WHE

[24th February, 1869.]

A. D. 1869.

HEREAS it is expedient to provide for the taking of affidavits Preamble. and bail, and for making statutory declarations:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:

1. Any Judge of a Supreme Court of this Colony may, by one or Empowers Judge to more Commission or Commissions, under the seal of such Court, oners to take Affiappoint Commissifrom time to time empower so many persons in the Colony as he davits. may think fit and necessary, to take and receive any affidavit, or