magistrate or commissioner authorized to that effect, having jurisdiction in the place where the oath is taken. 49-50 V., c. 95, s. 26. 27. The duties imposed, and the powers conferred, upon an Powers of officer or public functionary in his official capacity, pass to his successors and deputies successor and pertain to his deputy, in so far as they are com- of officers. patible with the office of the latter. C. C., 17 § 18; 31 V., c. 7, s. 2 §1; 49-50 V., c. 95, s. 27. 28. When an act is to be performed by more than two Power of persons, it may be validly done by the majority of them, ex- majority. cept in cases otherwise specially provided. C. C., 17 § 19 ; 31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 28. ment. 29. Unless some other mode be indicated by any statute Suits in cases enacting imprisonment only for a breach of its provisions, the of imprisonprosecution is brought before the Court of Queen's Bench in the exercise of its criminal jurisdiction. 49-50 V., c. 95, s. 29. 30. When no other mode is provided for the recovery of Recovery of any penalty or forfeiture imposed by any statute, it is recover- penalties. able with costs, in the same manner as any ordinary debt of like amount and before the same court, at the suit of the Crown, or of any private party suing as well in the name of the Crown as in his own name; but no commissioners' court has Proviso. jurisdiction in such cases. 31 V., c. 7, s. 7; 49-50 V., c. 95, s. 30. 31. If no other provisions for the application of a penalty Application have been prescribed, half of it belongs to the Crown and of penalties. half to the private prosecutor; if there is no private prosecutor, the whole belongs to the Crown. 31 V., c. 7, s. 7; 49-50 V., c. 95, s. 31. recovered 32. If there are no express provisions to the contrary, all Application duties, penalties, sums of money, or proceeds of forfeitures, re- of penalties covered by the Crown in virtue of any statute, form part of by Crown. the consolidated revenue fund, and are accounted for accordingly. 31 V., c. 7, s. 8; 49-50 V., c. 95, s. 32. when not 33. If no place is fixed for the imprisonment when a statute Place of provides for the imprisonment of any one, such imprisonment imprisonment is in the common gaol of the district in which the order of im- fixed. prisonment is issued, or, if there is no gaol in such district, in the nearest common gaol. 31 V., c. 7, s. 9; 49-50 V., c. 95, s. 33. terpretation 34. No statute is excluded from the application of any rule Application of construction applicable thereto, and which is otherwise not of rules of ininconsistent with this title, because such statute does not repro- to statutes. duce it. C. S. C., c. 5, s. 6 § 29; 49-50 V., c. 95, s. 34. Statutes Interpreta 35. All statutes are public unless declared to be private. Every one is bound to take cognizance of public statutes, but private statutes must be pleaded. 31 V., c. 7, s. 6 ; 49-50 V., c. 95, s. 35. § 2. Interpretative Provisions. 36. The following words, terms and expressions, whenever tion of words, used in any statute, have the sense, meaning and application, terms, &c., following: "Her respectively assigned to them in this article, and are interpreted in the manner therein specified, unless there are some special enactments to the contrary: 1. The words "Her Majesty," "the King," "the Sovereign," Majesty," &c. "the Queen," "the Crown," mean the King or the Queen, his or her heirs and successors, Sovereign of the United Kingdom of Great Britain and Ireland. C. C., 17 § 1; 31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 1. "GovernorGeneral." 2. The words "Governor-General" mean the GovernorGeneral of Canada, or the person administering the Govern"Lieutenant- ment of Canada; and the words "Lieutenant-Governor," the Lieutenant-Governor of the Province of Quebec, or the person administering the Government of this Province. 31 V., c. 7, s. 2 SS 4 and 5; 49-50 V., c. 95, s. 36 § 2. Governor." "GovernorGeneral in Council." 3. The words "Governor-General in Council" mean the Governor-General or person administering the Government, acting with the advice of the Queen's Privy Council for "Lieutenant- Canada; and the words "Lieutenant-Governor in Council,” the Governor in Lieutenant-Governor or person administering the Government, acting under the advice of the Executive Council of the Province of Quebec. B. N. A. Act, 1867, ss. 11, 12, 13, 14, 66 and 67 31 V., c. 7, s. 2 § 6; 49-50 V., c. 95, s. 36 § 3. Council." "United Kingdom," "United 4. The words "United Kingdom" mean the United Kingdom of Great Britain and Ireland; the words "United States," States," the United States of America; the words "Dominion," "Dominion" (6 Canada," mean the Dominion of Canada. C. C., 17 § 7: "Canada." 31 V., c. 7, s. 2 §§ 1, 7 and 8; 49-50 V., c. 95, s. 36 § 4. "Union." "Lower Canada." "Province," 5. The words "the Union" mean the union of the Provinces effected under the British North America Act, 1867. 31 V., c. 7, s. 2 § 19; 49-50 V., c. 95, s. 36 § 5. 6. The words "Lower Canada" mean that part of Canada which heretofore constituted the Province of Lower Canada, and mean now the Province of Quebec. C. C., 17 § 6; B.N.A. Act, 1867, s. 6; 49-50 V., c. 95, s. 36 § 6. 7. The word "Province," when used alone, means the Pro"Provincial." vince of Quebec; and the qualification "provincial," added to the word "act," "statute' or "law," means an act, statute or law of this Province. 31 V., c. 7, s. 2 §§ 3 and 10; 49-50 V., c. 95, s. 36 § 7. "Imperial 8. The words "Imperial Parliament" mean the Parliament Parliament." of the United Kingdom of Great Britain and Ireland. The words "Federal Parliament" mean the Parliament of "Federal Canada. Parliament." The word "Legislature" means the Legislature of Quebec. "Legisla31 V., c. 7, s. 2 § 2 and 9; 49-50 V., c. 95, s. 36 § 8. ture. 9. The word "session means a session of the Legislature "Session," of Quebec; the words "session of the Legislature" mean the Session of the Legislawhole period during which a session of the Legislature is held, lature. including both the day of its opening and the day of its prorogation. 31 V., c. 7, s. 2 14 and 29; 49-50 V, c. 95, s. 36 $9. 10. The words "Imperial acts" or "Imperial statutes " mean "Imperial the laws passed by the Imperial Parliament. acts or statutes." The words "Federal acts" or "Federal statutes " mean the "Federal laws passed by the Parliament of Canada. acts." &c. "law." The words "act," "statute" or law," whenever used with- " "Act," out qualification, mean the acts, statutes and laws of the Legis- statute," lature of Quebec. 31 V., c. 7, s. 2 § 2 and 10; 49-50 V., c. 95, s. 36 § 10. "Code of Civil Pro 11. The words "Civil Code" and "Code of Civil Procedure" "Civil Code" mean the Civil Code and Code of Civil Procedure of Lower Canada; the words "Municipal Code" mean the Municipal cedure." Code of the Province of Quebec. 31 V., c. 7, s. 2 § 12; 34 V., Municipal c. 68, s. 1087; 49-50 V., c. 95, s. 36 § 11. or the 66 "Code." "Executive 12. The words the "Government" Executive "GovernGovernment" mean the Lieutenant-Governor and the Ex- ment." ecutive Council of this Province. 31 V., c. 7, s. 2 § 15; 49-50 Goverment." V., c. 95, s. 36 § 12. 13. The words "the law officers" or "the law officers of the "Law offiCrown mean the Attorney General of this Province. cers, law 31 V., officers of the Crown." e. 7, s. 2 § 20; 49-50 V., c. 95, s. 36 § 13; 50 V., c. 7, s. 6. 14. Words designating a department or public officer refer Meaning of to the department or officer of like name for this Province. words refer31 V., c. 7, s. 2 § 23; 49-50 V., c. 95, s. 36 § 14. ring to a department. trate. 15. The word "magistrate" means a justice of the peace. "MagisTwo justices of the peace" mean two or more justices acting Two justogether. C. C., 17§ 16; 31 V., c. 7, s. 2 § 1; 49-50 V., c. tices of the 95, s. 36 § 15. peace. 16. The word "person" includes bodies politic and corporate, “Person." and extends to heirs and legal representatives, unless the statute or the particular circumstances of the case are opposed thereto. C. C., 17 § 11; 31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 16. countries, &c 17. The name commonly given to a country, place, body, Meaning corporation, society, officer, functionary, person, party or thing of names of designates and means the country, place, body, corporation, society, officer, functionary, person, party or thing thus named, without the necessity of more ample description. C. C., 17 § 8:31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 17. 4 Great Seal." Commis-sion." 44 Proclamation." - Writing," Manuscript." "Acts of 18. The words Great Seal" mean the Great Seal of the Province of Quebec. 31 V., c. 7, s. 2 § 11; 49-50 V., c. 95, s. 36 § 20. 19. The word "commission," whenever it refers to a commission issued by the Lieutenant-Governor under any statute, or order in council, means a commission under the Great Seal, running in the Queen's name. 31 V., c. 7, s. 2 § 30; 49-50 V., c. 95, s. 36 § 18. 20. The word "proclamation" means a proclamation under the Great Seal. 31 V., c. 7, s. 2 § 11; 49-50 V., c. 95, s. 36 § 19. 21. The words "writing," "manuscript," and terms of like import, include that which is printed, painted, engraved, lithographed or otherwise traced or copied. C. C., 17 § 12; 31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 21. 22. The terms "acts of civil status" mean the entries made civil status." in the registers, kept according to law, to establish births, marriages and burials. Registers of "Registers of civil status. are the books so kept, and in civil status." which such acts are entered. "Officers of “Officers of civil status" are those entrusted with the keepcivil status." ing of such registers. C. C., 17 § 22; 31 V., c. 7, s. 2 § 1; 4950 V., c. 95, s. 36 § 22. Holidays." 4 Month." "Now," "Next." "Oath." 23. By holidays are understood the following days; b. New Year's Day; c. The Epiphany, the Annunciation, Ash Wednesday, 24. The word "month" means a calendar month. C. C., 25. The words now and "next" apply to the time at which the act becomes executory. 31 V., c. 7, s. 2 § 28; 49-50 V.. c. 95, s. 36 § 25. 26. The word "oath" includes the solemn affirmation which certain persons are permitted to make instead of an oath. C. C., 17 § 15:31 V., c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 26. 27. By "bankruptcy" is meant the condition of a trader "Bankwho has discontinued his payments. C. C., 17 § 23; 31 V., ruptcy." c. 7, s. 2 § 1; 49-50 V., c. 95, s. 36 § 27. SECTION VI. CUSTODY OF ORIGINALS OF THE STATUTES. whom kept. "Clerk of the Legislature.' 37. The originals of the statutes of the Legislature of this Originals of Province and bills reserved for the signification of the pleasure statutes by of the Governor-General remain in the custody of the Clerk of the Legislative Council, who is known and designated, when he acts as an officer of the Legislature, as the “Clerk of the Legislature." 2. A series of bound v umes of the statutes, printed by the Replacing of Queen's Printer, whenever the originals of the statutes have destroyed been destroyed by fire or otherwise, may, upon the order of the Provincial Secretary, be deposited in the office of the Clerk of the Legislature to serve as originals to replace those so destroyed. 49-50 V., c. 95, s. 37; 51-52 V., c. 3, s. 1. originals. certified 38. The Clerk of the Legislature shall have a seal of Seal to be office; and he affixes it to the certified copies of all statutes affixed to intended for the Governor-General or Provincial Registrar, or copies of required to be produced before the courts either within or statutes. without Canada, and in all other cases when he deems it expedient. 49-50 V., c. 95, s. 38. 39. The copies of the statutes, so certified by the Clerk of Authenticity the Legislature, are authentic, and are proof of such statutes of certified an of their contents. 49-50 V., c. 95, s. 39; 51-52 V., c. 3, s. 2. statutes. copies of 40. As soon as practicable after the prorogation of every Distribution session, the Clerk of the Legislature procures from the Queen's of statutes. printer a sufficient number of bound copies of the statutes; he delivers to the Lieutenant-Governor a copy in the French and English languages, for transmission to the GovernorGeneral, as required by the British North America Act, 1867, together with certified copies, in the French and English languages, of every bill reserved for the signification of the pleasure of the Governor-General, and he delivers a similar copy of the statutes, in the French and English languages, to the Provincial Registrar. 49-50 V., c. 95, s. 40; 50 V., c. 6, s. 1. copies may Fee therefor. 41. The Clerk of the Legislature also supplies certified Certified copies of any statute to any person applying for the same be delivered and for such copies he receives, before delivering them, a fee to others. of ten cents for every hundred words contained in the copy and certificate. The sums so received form part of the consolidated Application revenue fund, and are accounted for accordingly. 49-50 V., c. received. 95, s. 41. of sums so |
 |