And may be and under May and shall remain and continue as if no such repeal had enforced, &c., taken place, and, so far as necessary, may and shall be continued, prosecuted, enforced and proceeded with under the said Consolidated Statutes and other the Statutes and Laws having force in Lower Canada, in so far as applicable thereto, and subject to the provisions of the said several Statutes and Laws. what laws. Consolidated Statutes not 8. The said Consolidated Statutes shall not be held to to be deemed operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the said Acts and parts of Acts so repealed, and for which the said Consolidated Statutes are substituted. new laws. How construed if in any case As to references to re pealed Acts in 9. But if upon any point the provisions of the said Consoli dated Statutes are not in effect the same as those of the repealed Acts and parts of Acts for which they are substituted, then as respects all transactions, matters and things subsequent to the time when the said Consolidated 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prevail, but as respects all transactions, matters and things anterior to the said time, the provisions of the said repealed Acts and parts of Acts shall prevail.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 10. Any reference in any former Act remaining in force, or any instrument or document, to any Act or enactment so former Acts, repealed, shall, after the Consolidated Statutes take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enactments in the Consolidated Statutes having the same effect as such repealed Act or enactment. &c. Effect of in sertion of an Act in Schedule A. Copies by 11. The insertion of any Act in the said Schedule A shall 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 Consolidated Statutes. 12. Copies of the said Consolidated Statutes printed by the Printer to be Queen's Printer from the amended Roll so deposited, shall be received as evidence of the said Consolidated Statutes in all Courts and places whatsoever. evidence. Interpretation of the said Statutes. Extent of enactments, 13. The Interpretation Act contained in the Consolidated Statutes of Canada, shall apply to the Consolidated Statutes for Lower Canada, and to this Act ;-and in construing this Act or any Act forming part of the said last mentioned Statutes, unless it be otherwise provided, or there be something in the context or other provisions thereof indicating a different meaning or calling for a different construction,— 1. The enactments in such Act apply to the whole of Lower Canada; 2. The law is to be considered as always speaking; and Law to be whenever any matter or thing is expressed in the present tense, construed as the same is to be applied to the circumstances as they arise, so the time when speaking at that effect may be given to each Act and every part thereof the case arises. according to its spirit, true intent and meaning; 3. The word" shall " is to be construed as imperative, and "Shall" and the word "may" as permissive; "may," 4. Whenever the word "herein " is used in any section of "Herein." an Act, it is to be understood to relate to the whole Act and not to that section only; 5. When any act or thing is required to be done by more «Quorum." than two persons, a majority of them may do it; "Proclama 6. The word "Proclamation " means a Proclamation under the Great Seal, and the expression "Great Seal" means the tion." Great Seal of the Province of Canada; 7. When the Governor is authorized to do any act by Procla- Proclamation mation, such Proclamation is to be understood to be a Procla mation issued under an order of the Governor in Council; but it shall not be necessary that it be mentioned in the Proclamation that it is issued under such order; and this provision shall not prevent the validity of any Proclamation heretofore issued by the Governor, which shall be valid though not under the Great Seal; 8. The word "County" includes two or more Counties "County." united for the purposes to which the enactment relates. versions. 14. If upon any point there be a difference between the As to English English and French versions of the said Statutes, that version and French which is most consistent with the Acts consolidated in the said Statutes shall prevail. 15 The laws relating to the distribution of the printed As to districopies of the Statutes shall not apply to the said Consolidated bution of Statutes, but the same shall be distributed in such numbers and copies. to such persons only as the Governor in Council may direct. the said Statutes. 16. This Act shall be printed with the said Consolidated This Act to be Statutes and shall be subject to the same rules of construction printed with as the said Consolidated Statutes;-And any Chapter of the said Statutes may be cited and referred to in any Act and proceeding whatever, Civil and Criminal, either by its title as an Act, or by its number as a Chapter in the copies printed by the Queen's Printer,-or by its short title. How they may be cited. CAP. LVII. Preamble. House and Gaol in any thereof. An Act concerning the Administration of Justice in W [Assented to 19th May, 1860.] HEREAS it has become necessary to make further provision for the administration of justice in Lower Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: Section 111 of 1. So much of the provisions of the one hundred and 20 V. c. 44, eleventh section of The Lower Canada Judicature Act of 1857, extended, and the title to the as relates to the title to the Court House and Gaol in and for District Court each of the New Districts respectively, and the one hundred and twelfth section thereof shall, notwithstanding any law to the contrary, be extended and shall apply to all the Districts of Lower Canada, so that hereafter the title to the District Court in the Sheriff House and Gaol at or near the chef-lieu in and for each and every District of Lower Canada and to the Court House and Gaol at each of the chefs-lieux in the District of Gaspé, to wit: in the Counties of Gaspé and Bonaventure, so long as separate judicial officers shall exist in each of those Counties, shall be vested in the Sheriff of such District or County, as the case may be, for the time being, and his successors in office for ever, and he and each of his successors in office shall be a Corporation sole for the purpose of holding the same, but without power to alienate, charge or incumber the same; and it shall be the duty of every Sheriff to keep the Court House and Gaol therein insured against loss by fire, for an amount and by an Insurance Company to be approved by the Commissioner of Public Works, and in case of loss by fire the Sheriff may recover under the policy, and the amount recovered shall be applied to repair or re-construct the building destroyed or damaged. His powers and duties. As to insur ance against loss by fire. But so long as the Commissioner of Public Works shall insure any Court and Jail erected or repaired under the Act twelfth Victoria, chapter one hundred and twelve, the Sheriff, in whom the title to any such Court House or Jail is vested, shall not be bound to insure the same; And the Commissioner of Public Works may insure against loss by fire each and every Court House and Jail, for the construction or repair of which Debentures have been issued under the authority of that Act, until the principal and interest on such Debentures are fully paid; and any insurance already effected on any such Court House or Jail in Lower Canada shall in no way be affected by this section. Section 113 of 2. All the provisions of the one hundred and thirteenth 20 V. c 44, section of The Lower Canada Judicature Act of 1857 shall be extended and shall apply to the Districts of Quebec, extended to the Old Dis Montreal, Court Houses Montreal, Three-Rivers, Gaspé, St. Francis, Kamouraska and tricts, and a Ottawa, so that, for the keeping in good repair the District Court fund created Houses and Gaols in those Districts, and for paying the Petit for keeping the Jurors in criminal cases in the same, there shall be, in and for and Gaols each such District, a Fund, to be called "The Building and therein in repair in each. Jury Fund for the District of (as the case may be,) which shall consist of the several items mentioned in the said section; provided, however, that each of the local Contributions municipalities or corporations of the Cities of Quebec, Montreal to such fund. and Three-Rivers, and the Town of Sherbrooke, shall contribute yearly to that fund the following amounts, that is to say: The local Municipalities or corporations of the Cities of By Cities of Quebec and Montreal shall each contribute double the aggre- Quebec and gate amount to be contributed under the seventh paragraph of Montreal. the above one hundred and thirteenth section, by the several local municipalities within the Districts of Quebec and Montreal, respectively; The Local Municipalities or corporations of the City of By ThreeThree-Rivers and the Town of Sherbrooke shall each contri- Rivers and Sherbrooke. bute a sum equal to one fifth of the aggregate amount to be contributed under the seventh paragraph of the above one hundred and thirteenth section, by the several local municipalities, within the Districts of Three-Rivers and St. Francis respectively. The yearly contribution to be made by the Municipalities, Contribution under this Act, or under The Lower Canada Judicature Act of not payable if 1857, shall not be payable in any District in which the other other sources sources of revenue, constituting the building and jury fund, shall are sufficient. be found sufficient without such contribution to pay the Petty Jurors of the District in which such Municipalities are situated, nor shall that contribution be paid by any local Municipality which shall make known to the Governor, through the Provincial Secretary, and to the Sheriff of the District, their wish that the Petty Jurors summoned in any such Municipality, should not be paid for their services. to have each a 3. Each of the Counties of Gaspé and Bonaventure shall, Counties of for the above purposes, be deemed a separate and distinct Gaspé and District, and "The Building and Jury Fund for the District Bonaventure of Gaspé" shall be called "The Building and Jury Fund for separate fund. the County of Gaspé" (or " Bonaventure" as the case may be,) so long as separate judicial officers shall exist in each of those Counties. V. c. 44, to 4. The one hundred and fourteenth and one hundred and Sections 114 fifteenth sections of the Act last cited shall apply to the above and 115 of 20 named Districts, and with regard to the District of Gaspé, to each of the Counties of Gaspé and Bonaventure, so long as separate judicial officers shall exist in each of those Counties; but apply to the old Districts and to the said Counties. Pro- but the contribution from each of the Local Municipalities portion of con- or Corporations of the Cities of Quebec, Montreal, and Threetribution by the said Cities Rivers, and Town of Sherbrooke, under the one hundred and fifteenth section, shall be in the same proportion as the yearly contribution of the same to "The Building and Jury Fund,' as explained above. and Towns. Section 116 of 20 V. c. 44, extended. Certain fines sect. 35 of cap. of Con. Stat. of Canada to form part of the said fund. 5. The power given by the one hundred and sixteenth section of the said Act shall apply to the Local Municipalities in the above named Districts, and in the Counties of Gaspé and Bonaventure. 6. All fines now payable to the Prothonotary under the payable under provisions of the thirty-fifth section of the one hundred and fifth 105, and sect. chapter, and the fourteenth section of the one hundred and sixth f cap. 106 chapter of the "Consolidated Statutes of Canada," shall be hereafter paid to the sheriff and shall, together with any sums in the hands of the Prothonotary, collected under the authority of either of those sections, or under any Act or Acts consolidated under those Chapters, form part of "The Building and Jury Fund," for the District, or for the County of Gaspé, or Bonaventure, as the case may be, so long as separate judicial Powers vested officers shall exist in each of those Counties; and the jurisdiction and powers conferred upon and vested in the Sheriff of any District in Lower Canada, (other than the Districts of Quebec and Montreal,) are hereby conferred upon and vested in any Sheriff in the District of Gaspé, in and for the Counties of Gaspé or Bonaventure, as the case may be, so long as separate judicial officers shall exist in each of those Counties, and upon and in the Deputy of any such Sheriff. in certain Sheriffs. Section 6 of 12 tended to all Districts in 7. The sixth section of An Act to make provision for the V. c. 112, ex- erection or repair of Court Houses and Gaols at certain places in Lower Canada, (12 Vict. cap. 112), shall be extended and shall apply to all the Districts of Lower Canada, and all the moneys arising from the sources therein mentioned shall be paid over to the Sheriff, to form part of "The Building and Jury Fund,"---and out of that fund payment shall be made of the price or value of the ground on which any Gaol or Court House at or near the chef-lieu in any District is erected, which may yet remain unpaid for. Salaries payable under 13, 14 V. c. 37,-16 V. c. c. 98, discon 8. On, from and after the first day of January next, the fixed salaries allowed to certain officers of justice by "An Act to assign "fixed annual salaries to certain officers of Justice in Lower 196, and 18 V." Canada, and to form a special fund out of the Salaries, Fees, "Emoluments and Pecuniary Profits attached to their offices," in Districts of (13 & 14 Vict., cap. 37) as amended by "An Act to amend "the acts assigning fixed annual salaries in lieu of Fees, to "certain officers of justice in Lower Canada, " (16 Vict., cap. 196) and by "An Act to provide temporarily for the payment of Petty Jurors in Lower Canada, and to make better provisions tinued, except Quebec and "for |