City gaols to be regulated by by-laws. Wilful state 400.-In any city not being a separate county for all purposes, but having a Gaol or Court House separate from the County Gaol or Court House (d), the care of such city Gaol or Court House shall be regulated by the by-laws of the City Council. (e) FALSE DECLARATIONS. 401.-The wilful making of any false statement in any ment to be a declaration required or authorized by this Act, shall be a misdemeanor, punishable as wilful and corrupt perjury. (ƒ) perjury. Interpretation of words. Municipality. INTERPRETATION CLAUSE. 402.-Unless otherwise declared or indicated by the context, whenever any of the following words occur in this Act, the meanings hereinafter expressed attach to the same, namely (9) 1. The word "municipality" means any locality the inhabitants of which are incorporated under this Act, but it does not mean a police village. (d) Though there is not yet any city in Upper Canada separate for all purposes from the county in which situate, yet the city may have its own gaol and court house separate from those of the county (sec. 382); and when such is the case, this section applies. (e) By-laws.-See note v to sec. 186. (f) This section, though added to the bill in committee of the House of Assembly, is quite unnecessary. It is provided by the Interpretation Act that the word "oath" shall be construed as meaning a solemn affirmation, whenever the context is applied to any person and case by whom and in which a solemn affirmation may be made instead of an oath, &c. (12 Vic. cap. 10, sec. 5, subsec. 13); and that the wilful making of any false statement in any such oath or affirmation shall be wilful and corrupt perjury, and that the wilful making of any false statement in any declaration required or authorized by law shall be a misdemeanor punishable as wilful and corrupt perjury. (Ib.) (9) No better mode of avoiding useless repetition in statutes exists than the recent one of appending to statutes of unusual length "an interpretation clause." So useful has it been found that, as applied to statutes generally, an Act passed in 1849, intituled "An Act for putting a legislative interpretation upon certain terms in Acts of Parliament, and for rendering it unnecessary to repeat certain provisions and expressions therein, and for ascertaining the date and commencement thereof, and for other purposes." (12 Vic. cap. 10.) The section here annotated must be read in connexion with the Interpretation Act, which contains explanations in addition to those in this section contained. In general, throughout this work, references have been made in the proper places to clauses of the Interpretation Act, when applicable. 2. The word "council" means the Municipal Council, or Council. Provisional Municipal Council, as the case may be. 3. The word "county" means County, Union of Counties County. or United Counties, or Provisional County, as the case may be. 4. The word "township" means Township, Union of Town- Township. ships or United Townships, as the case may be. estate. 5. The words "land," "lands," "real estate," "real pro- Land, real perty," respectively, include lands, tenements and hereditaments, and all rights thereto and interests therein. 6. The words "highway," "road," or "bridge," mean Highway, respectively a public highway, road or bridge. roads, &c. 7. The word "electors" means the persons entitled for the Electors. time being to vote at municipal elections in the Municipality, Ward, or Electoral Division, or Police Village, as the case may be. 8. The term "Reeve" includes the Deputy Reeve, when Town Reeve. there is a Deputy Reeve for the Municipality. 9. The words "next day" are not to apply to or include Next day. Sunday or statutory holydays. REPEALING CLAUSE. 403.-From the first day of December, one thousand eight Repeal of hundred and fifty eight, the following Acts and parts of Acts are hereby repealed (h), namely: The thirty-second, thirty-third and thirty-fourth sections of 1 V. c. 21, se. the Act of Upper Canada, passed in the first year of Her Ma- 32, 33, 34. jesty's Reign, chapter twenty-one, for Regulating the appoint ment and duties of Township Officers; (i) 12 V. c. 81. The Upper Canada Municipal Corporations Act of 1849. The Upper Canada Municipal Corporations Law Amend- 13, 14 V. c. ment Act of 1850: (h) On every act professing to repeal or interfere with the provisions of a former act, it is a question of construction whether it operates as a total or partial or temporary repeal. The word "repealed" is not to be taken in an absolute, if it appears upon the whole act to be used in a limited sense. Where several Acts of Parliament upon the same subject had been totally repealed, and others repealed in part, it was held that it must have been the clear intention of the Legislature that only the part of an act particularly pointed out should be repealed. (Harrison's C. L. P. Acts, p. 533, note i.) (i) The only section of this Act not in terms repealed by this or other Acts is sec. 35; but is, it is apprehended, with the exception of the last proviso, virtually superseded. (See sec. 338, subsecs. 1, 6, 17, 18, 19 & 20.) The proviso is hereinafter published. 74. Exception. Further exception. 14 & 15 V. c. 109. 14 & 15 V. e. 124. 16 V. c. 35. 16 V. c. 181. Except so much of the Schedules in either of the two last mentioned Acts as define the limits or boundaries of any Cities or Towns, being schedule B of the Act of 1849, numbers two, three, four, six, seven, eight, nine, ten, and eleven and Schedule C of the same Act numbers one, two and three, and Schedule B of the Act of 1850, numbers one, five, twelve, thirteen, fourteen and fifteen. And excepting also so much of Schedule A ofthe Act of 1849, as relates to Amherstburg, and excepting also so much of the two hundred and third section of the last mentioned Act, and so much of any other sections of either of the said Acts relating to any of the schedules thereof as have been acted upon or as are in force and remain to be acted upon at the time this Act takes effect. (j) The Upper Canada Municipal Corporations Law Amendment Act of 1851; The Act passed on the thirtieth August, one thousand eight hundred and fifty-one, to enable Municipal Corporations in Upper Canada, to contract Debts to the Crown in the purchase of Public Works without imposing a Special Rate or Tax for the payment of the same; The Act passed on the tenth November, one thousand eight hundred and fifty-two, to enable the Township of Stamford to make By-laws for the better government of that part of the said Township which lies in the immediate vicinity of the Falls of Niagara ; The Upper Canada Municipal Corporations Law Amendment Act of 1853; (k) 66 (j) "Schedule A." of the Act of 1849, here mentioned, should be "Schedule D." The latter is mentioned in 12 Vic. cap. 81, sec. 203, but was unintentionally omitted in the schedule of the acts as passed. The omission was afterwards supplied by statute 13 & 14 Vic. cap. 64, sec. 3, sch. D. Amherstburgh" is not mentioned in 12 Vic. cap. 81, sch. A., but in sch. D; and it is therefore believed that the mention of sch. A. in this saving clause was inadvertent. Being a manifest mistake, it is not supposed to be of any consequence. Were there any doubt of what is meant the wording of sec. 203 of 12 Vic. cap. 81, which refers to schedule D, would remove that doubt. Moreover, the present act provides for the erection of incorporated villages, if sufficiently populous, into towns; and Amherstburgh being an incorporated village, when of the requisite population, may avail itself of the provision (Sec. 15.) So much of the Upper Canada Municipal Corporations Act of 1849 and of the Act of 1850 as is not repealed, is hereinafter published. The reference to the latter in the margin as being "13 & 14 Vic. cap. 74," is erroneous. The chapter is "64," and not "74." (k) The foregoing acts being totally repealed, no further notice is taken of them in this work. The fifth, sixth, seventh, eighth, nirth, tenth, eleventh, 12 v. c. 78. twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeeth, Certain seoeighteenth, nineteenth, twentieth, twenty-first, twenty-second tions of and twenty-third sections of the Act passed on the thirtieth day of May, one thousand eight hundred and forty-nine, chapter seventy-eight, for abolishing the Territorial Division of Upper Canada into Districts, and for providing for Unions of Counties for judicial and other purposes, and for the dissolution thereof; (4) The Act passed on the thirtieth day of May, one thousand 12 V. c. 79. eight hundred and forty-nine, chapter seventy-nine, to supply provisions not included in the Statutes passed in the eleventh year of Her Majesty's Reign, chapter thirty-nine, and in the twelfth year of Her Majesty's Reign, chapter seventy-eight : (m) The fifteenth section of the Act passed on the seventeenth 8 v. c. 20, s. day of March, one thousand eight hundred and forty-five, 15. chapter twenty, for the regulation of Line Fences and Water Courses in Upper Canada; (n) The Act passed on the eighteenth day of May, one thousand 9 V. c. 8. eight hundred and forty-six, chapter eight, to prevent the opening of Government Allowances for Roads, without an order from the District Council; The Act passed on the tenth day of August, one thousand 13 & 14 V. c. eight hundred and fifty, chapter sixty-five, to amend the Laws 65. relative to Tavern Licenses in Upper Canada; The Act passed on the thirtieth day of August, one thousand 14 & 15 V. c. eight hundred and fifty-one, chapter one hundred and twenty, 120. to explain and amend the last above mentioned Act; The Act passed on the fourteenth day of June, one thousand 16 V. c. 184. eight hundred and fifty-three, chapter one hundred and eightyfour, to repeal certain duties of Excise, and to vest certain powers in the Municipal authorities in Upper Canada; The Act passed on the tenth day of August, one thousand 13 & 14 V. c. eight hundred and fifty, chapter fifteen, providing for the re- 15. pair of Roads and Bridges within the limits of Incorporated Cities and Towns ; The Act passed on the thirtieth day of May one thousand 18 V. c. 133. (7) The 1, 2, 3, 4, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 sections and schedules of this act are unrepealed, and as such hereinafter published. (m) See note k, p. 232. (n) The remaining sections of this act are hereinafter published. 18 V. c. 134. 10 & 11 V. c. 41, ss. 3, 5, 6. 7 W. 4, c. 24. 117. eight hundred and fifty-five, chapter one hundred and thirtythree, to require By-laws of City, Town, Village or Township Councils for raising money on the credit thereof, to be approved by a majority of the electors before coming into force; The Act passed on the same day, chapter one hundred and thirty-four, to amend the Act of the previous Session, relative to certain duties of Excise in Upper Canada; (0) The third, fifth and sixth sections of the Act passed on the twenty-eighth day of July, one thousand eight hundred and forty-seven, chapter forty-one, to establish Lock-up-Houses in the unincorporated Towns and Villages of Canada West; (p) The Act of Upper Canada passed in the seventh year of the reign of King William the Fourth, chapter twenty-four, for the erection and maintenance of Houses of Industry; 14 & 15 V. c. The Act passed on the thirtieth day of August, one thousand eight hundred and fifty-one, chapter one hundred and seventeen, to authorise the payment of certain expenses of the administration of Justice in the Recorder's Court in Upper Canada, out of the Consolidated Revenue Fund of the Province; 18 V. c. 80. 20 V. c. 6. 20 V. c. 67. 20 V. c. 68. 20 V. c. 69. 20 V. c. 70. The Act passed on the nineteenth day of May, one thousand eight hundred and fifty-five, chapter eighty, to facilitate the negotiation of Municipal Debentures; (9) The Act passed on the twenty-seventh of May, one thousand eight hundred and fifty-seven, chapter six, to amend the Municipal and Assessment Acts of Upper Canada, in so far as they relate to the commutation of statute labour; The Act passed on the tenth of June in the same year, chapter sixty-seven, to amend the Municipal Law relating to Incorporation of Villages; The Act passed on the same day, chapter sixty-eight, to enable Counties, united for Municipal purposes, to carry on improvements independently of each other;" The Act passed on the same day, chapter sixty-nine, to provide for the disposal of road allowances in the rural Munipalities of Upper Canada; The Act passed on the same day, chapter seventy, to amend the law relative to houses of public entertainment; (r) (0) See note k, p. 232. (p) The remaining sections of this act were repealed by 12 Vic. cap. 80, so that none of it is now in force. (g) See note k, p. 232. (r) See same. |