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The Pamphlet Collection of Sir Robert Stout: Volume 88

Introduction. — Appendix A. — Interpretation Act, 1868

page ix

Introduction.

Appendix A.

Interpretation Act, 1868.

Proposed Enactments for Shortening the Language of Acts.

Suggested for Incorporation with the Interpretation Act, And to Which all Acts of the Assembly should be made Subordinate.

A reference to an Act to include Acts amending the same.

A reference to, or citation of any Act, shall be deemed to include therein the citation of all subsequent Acts passed in amendment of the Act so referred to, or cited.

Reference to portions of an Act.

A description or citation of a portion of an Act is inclusive of the words, section, or other part first or last mentioned, or otherwise referred to as forming the beginning, or as forming the end, of the portion comprised in the description or citation.

Amendment Acts to be deemed to be incorporated with the principal Act.

When any Act, (hereinafter called the principal Act,) shall be amended by any subsequent Act or Acts, such last-mentioned Act or Acts shall be read and construed according to the definitions and interpretations contained in the principal Act; and the provisions of the said principal Act, (except so far as the same are altered by or inconsistent with the amending Act or Acts,) shall extend and apply to the cases provided for by the amending Act or Acts in the same way as if the amending Act or Acts had been incorporated with and formed part of the principal Act.

Amended provisions substituted for original provisions, where incorporated in other Acts.

The repeal of any Ordinance or Act shall not affect any enactment in which such Ordinance or Act has been applied, incorporated, or referred to; and there shall be repealed so much of any such enactment as provides, by reference to an Ordinance or Act since repealed, for any Act, matter, or thing; and, in place thereof, it is enacted that such Act, matter, or thing may be exercised, performed, done, or suffered, under the provisions of any subsequent Act of the General Assembly passed in substitution of the repealed Ordinance or Act first mentioned; and all the provisions of such subsequent Act and of any Act amending the same shall apply accordingly; and the said provisions shall be deemed to have been applied, incorporated, or referred to, in the aforesaid enactment in the same manner as if they had been originally inserted therein instead of the repealed Ordinance or Act.

General Saving Clause in repeals.

The repeal of any Act shall not affect the validity, invalidity, effect, or consequences of any thing already done or suffered; or any existing status or capacity; or any right or title already acquired or accrued, or any remedy or proceeding in respect thereof; or any release or discharge of or from any debt, penalty, claim, or demand; or any indemnity; or the proof of any past Act or thing, nor shall such repeal of any Act affect any right to any charges, fees, fines, penalties, or forfeitures or prevent any such Act from being put in force for the recovery of any such charges or penalties, or otherwise in relation thereto.

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Recovery of penalties, not with standing repeal.

Notwithstanding the repeal or the expiration of any Act, all offences committed or penalties or forfeitures incurred before such repeal or expiry, may be prosecuted, punished, and enforced as if such Act had not been repealed.

Criminal and Civil proceedings commenced, not to be affected by repeal.

Neither the repeal nor the expiration of an Act shall affect any criminal or civil proceedings previously commenced under the same : and every such proceeding may be continued, and everything in relation there to be done, in all respects as if the Act continued in force.

Anything commenced may be continued under repealed Act.

Anything commenced under any Act wholly or in part repealed, may be continued under such Act, unless the repealing Act be adapted to its completion.

Act as to office of a public functionary, applicable to persons fitting same in succession

Every Act relating to the office of a public functionary shall alike apply to every person or number of persons for the time being executing the duties of that office, by whatsoever name such persons shall be styled, and whether or not they he specially mentioned.

Power of Appointment, implies any sucecssive exercise thereof.

Whenever, in any Act, power shall be given to Her Majesty, to the Governor, or to any officer or person to make appointments to any office or place, unless such Act shall otherwise direct, it shall imply that such power shall be capable of being exercised from time to time as occasion may require, and that the party appointing shall have authority to suspend or remove the person appointed, as circumstances may require, and to appoint, temporarily or permanently, another in his stead, and in like manner to appoint another in the place of any deceased, sick, or absent holder of such appointment.

Powers may be exercised from time to time.

Power given to do or submit to any matter or thing, shall be capable of being exercised from time to time, as occasion may require, unless the nature of the words used or the thing itself shall indicate a contrary intention.

Power to make rules, orders, or regulations to imply revocation or alteration.

Where power shall be given to the Governor, or to any Council, Board, Corporation, officer, or person to make any rules, orders, or regulations, it shall be implied that such Governor, Council, Board, Corporation, officers, or persons may revoke or vary the same from time to time, unless the terms used, or the nature and object of the power shall indicate that it is intended to be exercised, either finally in the first instance or only under certain restrictions.

Evidence may be taken on oath by Arbitrators.

Any court, judge, officer, commissioner, arbitrator, or other person authorized by law to hear and determine any matter or thing, shall have authority to receive and examine evidence, and to administer an oath to, or to take any affirmation from, any witness.

Provisions to hare retrospective operation.

The foregoing provisions of this Act shall be deemed to apply and may be applied equally to all Acts heretofore passed, and to Acts hereafter to be passed by the General Assembly.