(2) Where an Act passed after the commencement of this Act, Appendix. or any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or byelaws made, granted, or issued, under a power conferred by any such Act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day. 37. Exercise of statutory powers between passing and commencement of Act.] Where an Act passed after the commencement of this Act is not to come into operation immediately on the passing thereof, and confers power to make any appointment, to make, grant, or issue any instrument, that is to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or byelaws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation. 38. Effect of repeal in future Acts.]—(1) Where this Act or any Act passed after the commencement of this Act repeals and re-enacts, with or without modification, any provisions of a former Act, references in any other Act to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted. (2) Where this Act or any Act passed after the commencement of this Act repeals any other enactment, then, unless the contrary intention appears, the repeal shall not (a) Revive anything not in force or existing at the time at which the repeal takes effect; or (b) Affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed; or (c) Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; or (d) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) Affect any investigation. legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid ; and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the repealing Act had not been passed. Appendix. SCHEDULE. ENACTMENTS REPEALED (SO FAR AS RELATES TO ACTS RULES, DATED DECEMBER 6TH, 1906, MADE BY THE LORD 1. Mode of application.-An application for the consent of a petty sessional court to the grant of a certificate of exemption from duty in respect of a dog may be made to any petty sessional court having jurisdiction in the place where the dog is kept. The application shall be made by sending to the clerk of the justices at the petty sessional court house a declaration in the form prepared by the Commissioners of Inland Revenue, under section 22 of the Customs and Inland Revenue Act, 1878, duly filled up and signed by the owner of the dog. 2. Notice of application.-Lists of applications shall from time to time be prepared by the clerk in the forms set forth in the schedule hereto, and on every list shall be stated a time (not being less than fourteen days) within which and the manner in which objections may be made to any application appearing in the list. A copy of every list signed by the clerk shall, until the expiration of the time within which objections may be made to the applications appearing therein, be kept exhibited at the court house in some conspicuous place, to which the public have access, and elsewhere if the justices so direct. Copies of every list shall be sent by the clerk to the proper supervisor of Inland Revenue and to the superintendents of police for the districts in which are kept the dogs to which the applications relate. 3. Notice of objection.-A notice of objection shall be made in the form in the schedule hereto, and shall be sent by post addressed to the clerk. 4. Notice of hearing of objection.-Notice of the time and Appendix. place of hearing an objection shall be sent by post by the clerk to the applicant and to the person objecting at the addresses contained in the declaration, and notice of objection, and the notice to the applicant shall be accompanied by a copy of the notice of objection, and a notification that his attendance is or is not required. The date of hearing shall be not less than seven clear days after the date of the posting of the notice. 5. Provision for dispensing with appearance of applicant.— The appearance of the applicant shall be dispensed with except in cases where the application is opposed and the court considers his appearance to be necessary for the proper consideration of the application. 6. Evidence of consent of court to exemption.-The consent of a court to the grant of a certificate of exemption in respect of any dog shall be sufficiently evidenced if a statement that such consent has been given is written or printed on the application and signed by the clerk. 7. Disposal of declarations.-Every declaration shall after the application is disposed of by the court be forwarded by the clerk to the proper supervisor of Inland Revenue. 8. Evidence on oath or affirmation.-The evidence given at the hearing of an objection shall be given upon oath or affirmation. 9. Attendance of witnesses.-A court shall have the same powers of compelling the attendance of witnesses as may be exercised under the Summary Jurisdiction Acts. 10. A court may on the hearing of any objection order payment by the objector to the applicant or by the applicant to the objector, of such costs as to the court may seem just and reasonable, and such costs shall be recoverable in any manner in which costs are recoverable under the Summary Jurisdiction Acts. 11. Short title and commencement.-These rules may be cited as the "Dogs Act Rules, 1906," and shall come into operation on the first day of January, nineteen hundred and seven. Dated the 6th day of December, 1906. LOREBURN, C. Appendix. Form 1. for the In the Petty Sessional Court held at List of Applications by Shepherds claiming exemption from licence duty for dogs (not exceeding two) owned by them and kept by them solely for use in the exercise of their calling and occupation of a shepherd. Name of Applicant. Address, stating Places where Number of Dogs for which exemption is claimed. Notice of an objection to the consent of the court being given to any of the above applications must be given on or before the in the following form and sent by post addressed to 190 day of Clerk to the Justices. DOGS ACT, 1906. for the Notice of Objection. In the Petty Sessional Court held at I (name and Christian name), of (full address), object to the consent of the court being given to the grant of a certificate of exemption from licence duty on the application made by The grounds of my objection are as follows: of (Signature of Objector). (Date). Form 2. DOGS ACT, 1906. for the In the Petty Sessional Court held at List of Applications by Farmers claiming exemption from licence duty for dogs (not exceeding two) owned by them and kept by them solely for use in tending sheep or cattle on their farms. Name of Applicant. Address, stating Places where 1 Number of Dogs for which exemption is claimed. Notice of an objection to the consent of the court being given to any of the above objections must be given on or before the 190 in the following form, and sent by post addressed to I (name and Christian name), of (full address), object to the consent of the Court being given to the grant of a certificate of exemption from licence duty on the application made by The grounds of my objection are as follows: (Date). of (Signature of Objector). Form 3. DOGS ACT, 1906. for the In the Petty Sessional Court held at List of applications by occupiers of Sheep Farms claiming exemption for dogs (exceeding two) owned by them and required to be kept by them for the purpose of tending sheep, and kept by them solely for such purpose. These applications state that the applicants are owners of such numbers of sheep as stated below, and that such sheep feed on common and unenclosed land, so that more than two dogs are required to be kept by the applicants for the purpose of tending sheep. Name of Applicant. Address, stating full particulars. Places where Number of on common Number Notice of an objection to the consent of the court being given to any of the above applications must be given on or before the 190 in the following form, and sent by post addressed to day of Clerk to the Justices. I (name and Christian name), of (full address), object to the consent of the Court being given to the grant of a certificate of exemption from licence duty on the application made by The grounds of my objection are as follows: (Date). of (Signature of Objector). Appendix. |