only, unless otherwise expressed in their Commissions or appointments. tuting a corpocertain powers Thirtiethly. Words making any association or number of Words constipersons a corporation or body politic and corporate, shall ration to vest vest in such corporation, power to sue and be sued, contract in it. and be contracted with, by their corporate name, to have a common seal, and to alter or change the same at their pleasure, and to have perpetual succession, and power to acquire and hold personal property or moveables for the purposes for which the corporation is constituted, and to alienate the same at pleasure; and shall also vest in any majority of the members of the Corporation the power to bind the others by their acts; and shall exempt the individual members of the Corporation from personal liability for its debts or obligations or acts, provided they do not contravene the provisions of the Act incorporating them: But no Corporation shall carry on the business of banking unless when such power is expressly conferred on them by the Act creating such Corporation ; Thirty-firstly. Where forms are prescribed slight deviations therefrom not affecting the substance or calculated to mislead shall not vitiate them. light devia. forms not to tion from invalidate. tomake Thirty-secondly. Where power to make by-laws, regula- Pows, what tions, rules or orders is conferred, it shall include the power included by. to alter or revoke the same and make others. affect the clared to do so. As to Acts of Thirty-thirdly. No provision or enactment in any Act, Acts not to shall affect in any manner or way whatsoever, the rights of Crown, unless specially deHer Majesty, Her Heirs or Successors, unless it is expressly stated therein that Her Majesty shall be bound thereby; nor if such Act be of the nature of a private Act, shall it affect the rights of any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to. private nature Power always Parliment to amend any reserved to repeal or Act. Thirty-fourthly. Every Act shall be so construed as to reserve to Parliament the power of repealing or amending it, and of revoking, restricting or modifying any power, privilege or advantage thereby vested in or granted to any person or party, whenever such repeal, amendment, revocation, restriction or modification is deemed by Parliament to be required for the public good; And unless it is otherwise expressly provided in any Act passed for chartering any Charters. Bank, it shall be in the discretion of the Parliament at any time thereafter to make such provisions and impose such restrictions with respect to the amount and description of notes which may be issued by such Bank, as to Parliament appears expedient, Thirty-fifthly. As to Bank Thirty-fifthly. Where any Act is repealed wholly or in persons acting part and other provisions substituted, all officers, persons, Effect of re peal of Act on under it. Not to affect certain proceedings, As to acts, &c., done before repeal. Offences committed and penalties in bodies politic or corporate acting under the old law shall continue to act as if appointed under the new law, until others are appointed in their stead; and all proceedings taken under the old law shall be taken up and continued under the new law when not inconsistent therewith; and all penalties and forfeitures may be recovered and all proceedings had in relation to matters which have happened before the repeal in the same manner as if the law were still in force, pursuing the new provisions as far as they can be adapted to the old law. Thirty-sixthly. The repeal of an Act at any time shall not affect any act done or any right or right of action existing, accruing, accrued or established or any proceedings commenced in a civil cause, before the time when such repeal shall take effect; but the proceedings in such case shall be conformable when necessary to the repealing Act. Thirty-seventhly. No offence committed and no penalty or forfeiture incurred and no proceeding pending under any curred not af Act at any time repealed shall be affected by the repeal, fected by repeal. All Acts to be Acts, as re Proof of Acts. except that the proceedings shall be conformable when necessary to the repealing Act, and that where any penalty, forfeiture or punishment shall have been mitigated by any of the provisions of the repealing Act, such provisions shall be extended and applied to any judgment to be pronounced after such repeal. Thirty-eighthly. Every Act shall, unless by express provideemed Public sion it is declared to be a Private Act, be deemed to be a gards pleading. Public Act, and shall be judicially noticed by all Judges, Justices of the Peace and others without being specially pleaded;-And all copies of Acts, public or private, printed by the Queen's Printer, shall be evidence of such Acts and of their contents, and every copy purporting to be printed by the Queen's Printer shall be deemed to be so printed, unless the contrary be shewn; Preamble to be a part of Act. All Acts reme such. Thirty-ninthly. The Preamble of every such Act as aforesaid shall be deemed a part thereof intended to assist in explaining the purport and object of the Act;-And every Act dial, and to be and every provision or enactment thereof, shall be deemed construed as remedial, whether its immediate purport he to direct the doing of any thing which Parliament deems to be for the public good or to prevent or punish the doing of any thing which it deems contrary to the public good,-and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object object of the Act and of such provision or enactment according to their true intent, meaning and spirit. Fortiethly. Nothing in this Section shall exclude the ap- Applicable plication to any Act, of any Rule of Construction applicable stuction not thereto, and not inconsistent with this Section. excluded. herein to apply Forty-firstly. The provisions of this Act shall apply to the Provos construction thereof, and to the words and expressions to this Act. used therein. 8. When any act or thing is required to be done by more Acts to be done than two persons, a majority of them may do it. [The subsequent sections of this Act have no reference to Criminal Law or Procedure.] by more than two. An Act to protect the inhabitants of Canada against lawless aggressions from subjects of Foreign Countries at Peace with Her Majesty. [Assented to 21st December, 1867.] HEREAS in and by the ninety-eighth chapter of the Preamble. Consolidated Statutes for Upper Canada, and further by an Act made and passed in the Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's reign, and chaptered four, certain provisions are made for the protection of the inhab itants of that part of the said late Province of Canada called Upper Canada, against lawless aggressions from Subjects of Foreign Countries at Peace with Her Majesty; And whereas in and by two several Acts made and passed in the said Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's reign, and chaptered two and three respectively, certain provisions are made for the protection of the inhabitants of that part of the late Province of Canada called Lower Canada, against similar lawless aggressions; And whereas it is expedient to continue the operation of the said Acts respectively, and that similar provisions be enacted in respect to the Dominion of Canada: Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The ninety-eighth chapter of the Consolidated Statutes Con. Stat. U. for Upper Canada, the said Act made and passed in the Acts of Can Session C., chap. 98, and co. 2, 3 and 4, extended. ada, 29, 30 Vict. Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's reign, and chaptered four,-and the said two several Acts made and passed in the said Session of Parliament of the late Province of Canada, held in the twenty-ninth and thirtieth years of Her Majesty's reign, and chaptered two and three respectively, are hereby extended and the provisions thereof declared to be in force throughout Canada as follows, that is to say : Citizens or subjects of a in Canada may be tried and Martial. any 2. In case any person, being a citizen or subject of foreign power Foreign State or Country at peace with Her Majesty, be or taken in arms continues in arms against Her Majesty, within Canada, or sentenced by a commits any act of hostility therein, or enters Canada with Militia Court design or intent to levy war against Her Majesty, or to commit any felony therein, for which any person would, by the laws in force in any Province of Canada in which such offence is committed, be liable to suffer death, then the Governor may order the assembling of a Militia General Court Martial for the trial of such person, agreeably to the Militia Laws in force in such Province; and upon being found guilty by such Court Martial of offending against this Act, such person shall be sentenced by such Court Martial to suffer death, or such other punishment as shall be awarded by the Court. Subjects of Her foreigners, or be tried and sentenced in the same manner. 3. If any subject of Her Majesty, within Canada, levies war against Her Majesty, in company with any of the company with subjects or citizens of any Foreign State or Country then at alding them in peace with Her Majesty, or enters Canada in company with so doing, may any such subjects or citizens with intent to levy war on Her Majesty, or to commit any such act of felony as aforesaid, or if, with the design or intent to aid and assist, he joins himself to any person or person whatsoever, whether subjects or aliens, who have entered Canada with design or intent to levy war on Her Majesty, or to commit any such felony within the same, then such subject of Her Majesty may be tried and punished by a Militia Court Martial, in like manner as any citizen or subject of a Foreign State or Country at peace with Her Majesty, is liable under this Act to be tried and punished. Her Majesty's subjects or foreigners of. this Act to be 4. Every subject of Her Majesty and every citizen or subject of any Foreign State or Country, who has at any time fendingagainst heretofore offended, or may at any time hereafter offend guilty of felony against the provisions of this Act, is and shall be held to be and punishable accordingly. guilty of felony, and may, notwithstanding the provisions herein before contained, be prosecuted and tried in any county or district of the Province in which such offence was committed before any Court of competent jurisdiction, in the the same manner as if the offence had been committed in such county or district, and upon conviction shall suffer death as a felon. be carried out C., chap. 118. 5. In case any person shall be prosecuted and tried in the Sentence may Province of Ontario under the provisions of the next preced- in Ontario notwithstanding ing section and found guilty, it shall and may be lawful for Con. Stat. U. the Court before which such trial shall have taken place, to pass sentence of death upon such person, to take effect at such time as the Court may direct, notwithstanding the provisions of an Act of the Consolidated Statutes for Upper Canada, intituled: "An Act respecting New Trials and Appeals and Writs of Error in Criminat cases in Upper Canada." CHAP. 15. An Act to prevent the unlawful training of persons to the use of arms, and the practice of Military evolutions and to authorize Justices of the Peace to seize and detain arms collected or kept for purposes dangerous to the public peace. [Assented to 21st December, 1867.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Meetings for authority pro persons acting at such meet 1. All meetings and assemblies of persons for the purpose drill, &c. withof training or drilling themselves, or of being trained or out lawful drilled to the use of arms, or for the purpose of practising hibited. Military exercises, movements or evolutions, without lawful authority for so doing, shall be and are hereby prohibited, and declared unlawful, as dangerous to the peace and security of Her Majesty's liege subjects, and of Canada; and Punishment of every person who shall be present at or shall attend any as instructors such meeting or assembling for the purpose of training any ings. other person or persons to the use of arms or to the practice of military exercises, movements or evolutions, or who, without lawful authority for so doing, shall train or drill any other person or persons to the use of arms, or to the practice of military exercises, movements or evolutions, or who shall aid or assist therein, being legally convicted thereof shall be liable to be imprisoned in a Provincial Penitentiary for the term of two years, or to be punished by fine and imprisonment in any of the common jails of any of the Provinces of Canada for a period not less than two years, in the discretion of the Court in which such conviction shall be had; and every person who shall attend or be present at any And of persons such meeting or assembly, for the purpose of being or who structions. shall receiving in. |