locality; and the keeper of any Common Gaol shall receive the person, and him safely keep and detain in the Common Gaol under his custody until discharged in due course of law, or bailed in cases in which bail may by law be taken;

30. Where a pecuniary penalty or a forfeiture is imposed Recovery of penalties when for a contravention of any Act, then, if no other mode is pre- no special scribed for the recovery thereof, the penalty or forfeiture shall mode is prebe recoverable with costs by civil action or proceeding at the scribed. suit of the Crown only, or of a 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 a Court having jurisdiction to the amount of the penalty in cases of simple contract, upon the evidence of one credible witness other than the plaintiff or party interested;

If no other provision is made for the appropriation of the Appropriapenalty or forfeiture, one-half thereof shall belong to the Crown, tion 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;

alty imposed

onindictment.

31. Where a pecuniary penalty or forfeiture is imposed by Cases where an Act of this Province, and the amount of the penalty or pecuniary penforfeiture is in any respect in the discretion of the Court or by statute may Judge, or in case the Court or Judge has the right to impose be recovered imprisonment in addition, or in lieu of the penalty or forfeiture, and no other mode is by the Act expressly prescribed for the recovery of the penalty or forfeiture, the same may be recovered upon indictment in the High Court of Justice or General Sessions of the Peace;

32. Any duty, penalty or sum of money, or the proceeds of Application of any forfeiture, which is by any Act given to the Crown, shall, penalties, etc., if no other provision be made respecting it, form part of the otherwise apConsolidated Revenue Fund of this Province, and be accounted propriated. for and otherwise dealt with accordingly.

ing for public

33. If any sum of the public money is by an Act appro- Paying over priated for any purpose, or directed to be paid by the Lieuten- and accountant-Governor, then, if no other provision is made respecting moneys. it, such sum shall be payable under warrant of the LieutenantGovernor directed to the Treasurer of the Province, out of the Consolidated Revenue Fund; 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;

34. Where an act or thing is required to be done by more Acts to be than two persons, a majority of them may do it;

done by more than two.

from forms.

35. Where forms are prescribed, slight deviations therefrom Deviation not affecting the substance or calculated to mislead, shall not vitiate them;

Power to

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

&c., to confer

Acts.

All Acts to be 37. Every Act shall, unless by express provision it is dedeemed public clared 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;

Proof of Acts.

Preamble to be a part of

Act.

All Acts remedial.

All copies of Acts, public or private, printed by the Queen's Printer, 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 is shewn ;

38. The Preamble of an Act shall be deemed a part thereof intended to assist in explaining the purport and object of the Act;

39. Every Act and every provision or enactment thereof shall be deemed remedial, whether its immediate purport be to direct the doing of anything which the Legislature deems to be for the public good, or to prevent or punish the doing of anything which it deems to be contrary to the public good,—and Construction. 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 the provision or enactment, according to the true intent, meaning and spirit thereof;

power to reor

Reservation of 40. Every Act shall be construed as reserving to the peal or amend. Legislature 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 the repeal, amendment, revocation, restriction, or modification is deemed by the Legislature to be required for the public good;

Repeal of an

41. The repeal of any Act or part of an Act shall not revive any Act or provision of law repealed by such Act or part of an by it repealed. Act, or prevent the effect of any saving clause therein;

Act not to revive an Act

Effect of re

persons acting under it.

42. Where any Act is repealed, wholly or in part, and other peal of Act on provisions are 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;

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

43. 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 case shall be conformable when necessary to the repealing Act;

penalties in

44. No offence committed, and no penalty or forfeiture incur- Offences comred, and no proceeding pending under any Act at any time re- mitted and pealed, shall be affected by the repeal, except that the proceed- curred not ings shall be conformable, where necessary, to the repealing affected by Act, and that where any penalty, forfeiture or punishment has 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;

repeal.

45. All rules and regulations made under an Act before the Rules, &c., repeal thereof, shall continue valid until altered or annulled;

given before

made before repeal. 46. All appointments, and all bonds and securities given by Appointments the parties appointed under any Act at any time passed and and bonds repealed shall not be affected thereby, but shall remain in full repeal. force; and all offices, establishments, books, papers and other things made or used under a repealed Act, shall continue as before the repeal;

Crown unless

47. No provision or enactment in any Act shall affect in any Acts not to manner or way whatsoever, the rights of Her Majesty, Her affect the Heirs or Successors, unless it is expressly stated therein that so declared. Her Majesty shall be bound thereby; nor if the Act be in the nature of a Private Act, shall it affect the rights of any person, or body politic, corporate, or collegiate, such only excepted as are therein mentioned or referred to.

Private Acts.

48. Nothing in this section shall exclude the application to Other rules of any Act, of any rule of construction applicable thereto, and construction not inconsistent with this section. R. S. O. 1877, c. 1, s. 8, (23-47).

applicable.

9. The interpretation section of The Judicature Act, so far as Interpretation the terms defined can be applied, shall extend to all enactments section of Rev. relating to legal matters. 49 V. c. 16, s. 3.

Stat. c. 43.

10. The interpretation section of The Municipal Act, so far Interpretation as the terms defined can be applied, shall extend to any Act section of Municipal Acts. which relates to Municipalities. R. S. O. 1877, c. 1, s. 9.

11. The provisions of this Act shall apply to the construction Provisions thereof, and to the words and expressions used therein.

O. 1877, c. 1, s. 10.

R. S. herein to apply to this Act.

How statutes

ed and bound.

CHAPTER 2.

An Act respecting the Printing and Distribution of the Statutes.

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Statutes shall be printed in royal octavo form, on shall be print- fine paper, in small pica type, thirty-two ems by fifty-five ems, 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 red sheep-skin and lettered; and they shall be arranged for distribution 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 Lieutenant-Governor in Council may deem expedient. R. S. O. 1877, c. 2, s. 1.

Classification of statutes.

Certified copy

2. The Clerk of the Legislative Assembly shall furnish the of every Act Queen's Printer with a certified copy of every Act of the Legislature, so soon as the same has received assent, or if the Bill has been reserved, so soon as the assent thereto has been proclaimed in this Province. R. S. O. 1877, c. 2, s. 2.

to be furnished to Queen's Printer.

Queen's Printer to distribute Acts.

3. The Queen's Printer shall, immediately after the close of each Session of the Legislature, or so soon after as may be practicable, deliver or transmit by post, or otherwise, in the most economical mode, the proper number of printed copies of the Acts of the Session (to be printed by him at the public expense) to the parties hereinafter mentioned, that is to say :

(a) To the members of the Legislative Assembly respectively, such numbers of copies each as may from time to time be directed by any resolution of the said Assembly, or in default of such resolution, in such numbers as shall be directed by any order of the Lieutenant-Governor in Council;

(b) To such Public Departments, Administrative Bodies and Officers, throughout the Dominion of Canada, as may be specified in any order to be for that purpose made from time to time by the Lieutenant-Governor in Council. R. S. O. 1877, c. 2, s. 3.

sented to

4. When a Bill receives assent during and before the ter- Distribution mination of a Session of the Legislature, the Queen's Printer of Bills asshall, on intimation to that effect from the Provincial Secretary, before the end cause distribution to be made of such number of copies thereof, of the Session. to the same parties and in like manner as is herein before provided in regard to the Acts of any Session. R. S. O. 1877, c. 2, s. 4.

sons to receive

5. The Provincial Secretary shall, within fifteen days after List to be furthe close of every Session of the Legislature, transmit to the nished of perQueen's Printer a list of all the Public Departments, Adminis- copies. trative Bodies and Officers to whom such copies are to be transmitted as aforesaid, and shall also, from time to time, as occasion requires, furnish him with copies of all Orders in Council made under the provisions of this Act. R. S. O. 1877, c. 2, s. 5.

6. If after the distribution of the said printed Acts any Disposition of copies remain in the hands of the Queen's Printer, he may de- remaining liver any number thereof to any person by order of the Lieu- copies. tenant-Governor, on notice thereof by the Provincial Secretary, or to the members of the Legislative Assembly, on the order of the Speaker of the said Assembly. R. S. O. 1877, c. 2, s. 6.

Printer as to

tributed,

7. The Queen's Printer shall, before the opening of every Ses- Report by sion of the Legislative Assembly, make a report in triplicate to Queen's the Lieutenant-Governor (to be by him laid before the said As- number of sembly within fifteen days after the opening of such Session), copies disshewing the number of copies of the Acts of each Session which and as to exhave been printed and distributed by him since the last Session, pense incurred by him. the departments, administrative bodies, officers and persons to whom the same have been distributed, the number of copies delivered to each, and under what authority, and the number of copies of the Acts of each Session then remaining in his hands, and containing also a detailed account of the expenses by him actually incurred in carrying this Act into effect, to the end that provision may be made for defraying the same, after such account has been duly audited and allowed. R. S. O. 1877, c. 2, s. 7.