deputies of 34. Words directing or empowering any public officer or Successors and functionary to do any act or thing or otherwise applying to officials him by his name of office include his succesor in such office and his or their lawful deputy; Crown 35. Words directing or empowering a minister of the Crown Minister of to do any act or thing or otherwise applying to him by his name of office include a minister acting for or (if the office is vacant) in the place of such minister under the authority of The Territories Public Service Ordinance or an Order in Council and also his successors in such office and his or their lawful deputy; 36. All officers now appointed or hereafter appointed under the authority of an Ordinance (whether by commision or other- during wise) shall remain in office during pleasure only unless other- pleasure wise authorised by law; Officers retained 37. When any act or thing is required to be done by more When majority may than two persons a majority of them may do it; act incorporation 38. Words making any association or number of persons Effect of a corporation or body politic and corporate shall vest in such corporation power to sue and be sued, contract 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 movables 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 uebts or obligations or acts provided they do not violate the provisions of the Ordinance incorporating them; 39. Whenever forms are prescribed slight deviations there- Forms from not affecting the substance or calculated to mislead shall not vitiate them; Repeal of 40. Whenever power to make by-laws, regulations, rules or orders is conferred it shall include the power from time to time by-laws, ete to alter or revoke the same and make others; 41. No provision or enactment in any Ordinance which is Private of the nature of a private Ordinance shall affect the rights of Ordinances any person or of any body politic, corporate or collegiate, such only excepted as are therein mentioned or referred to; Power of reserved 42. Every Ordinance shall be so construed as to reserve to the Legislative Assembly the power of repealing or amending repeal 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, restric Effect of repeal limited Repeal no declaration as to law previously Repeal : Continuation of previous officers, etc. Repeal: Repeal : Reference to old law tion or modification is deemed by the Legislative Assembly to be required for the public good; 43. The repeal of any Ordinance or part of an Ordinance shall not revive any Ordinance or provision of law repealed by such Ordinance or part of an Ordinance or prevent the effect of any saving clause therein; 44. The repeal or amendment of any Ordinance shall not be deemed to be or to involve any declaration whatsoever as to the previous state of the law; 45. Whenever any Ordinance is repealed (wholly or in part) or other provisions are substituted and whenever any regulation is revoked and other provisions substituted all officers, persons, bodies politic or corporate acting under the old law or regulation shall continue to act as if appointed under the new law or regulation until others are appointed in their stead; and all proceedings taken under the old law or regulation shall be taken up and continued under the new law or regulation 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 or revocation in the same manner as if the law or regulation was still in force, pursuing the new provisions as far as they can be adapted to the old law or regulation; 46. Whenever any Ordinance is repealed (wholly or in part) and other provisions are substituted all by-laws, orders, regulations and rules made under the repealed Ordinance shall continue good and valid in so far as they are not inconsistent with the substituted Ordinance, enactment or provision until they are annulled or others made in their stead; 47. Whenever any Ordinance or part of an Ordinance is repealed and other provisions are substituted by way of amendment, revision or consolidation, any reference in any unrepealed Ordinance (or in any rule, order or regulation made thereunder) to such repealed Ordinance or enactment shall as regarus any subsequent transaction, matter or thing be held and construed to be a reference to the provisions of the substituted Ordinance or enactment relating to the same subject matter as such repealed Ordinance or enactment: Provided always that where there is no provision in the substituted Ordinance or enactment relating to the same subject matter, the repealed Ordinance or enactment shall stand good and be read and construed as unrepealed in so far (but in so far only) as is necessary to support, maintain or give effect to such unrepealed Ordinance or such rule, order or regulation made thereunder; Existing rights 48. The repeal of an Ordinance or the revocation of a regu- Reneal lation at any time shall not affect any act done or any right or reserved right of action existing, accruing, accrued or established or any proceedings commenced in a civil cause before the time. when such repeal or revocation takes effect; but the proceedings in such case shall be conformable when necessary to the repealing Ordinance or regulation. [48a (1) But where there is no provision in the repealing Ordinance or regulation relating to the same subject matter the repealed Ordinance or regulation shall stand good and be read and construed as unrepealed in so far but in so far only as is necessary to support, maintain or give effect to such right or right of action and the enforcement thereof. (2) The above section shall, except in respect of any action now pending, be deemed to have been in force from the 15th day of March, 1899.] Ordinances 49. Unless otherwise therein specially provided, proceedings Enforcement of for the imposition of punishment by fine, penalty or imprisonment for enforcing any Territorial Ordinance or municipal by-law may be brought summarily before a justice of the peace under the provisions of part LVIII of The Criminal Code 1892; and the words "on summary conviction" whenever they occur in any Ordinance shall refer to and mean under and by virtue of part LVIII aforesaid; fines, etc. 50. Any, duty, penalty, fine or sum of money or the proceeds Application of of any forfeiture under any law of the Territories shall (if no other provision be made respecting it) belong to the Crown for the public uses of the Territories and form part of the general revenue fund of the Territories; ts penalties in cases 51. Where a pecuniary penalty or a forfeiture is imposed Recovery of for the contravention of any Ordinance then (if the provisions unprovided of part LVIII aforesaid are not applicable to the case and if no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is not applicable to the case) the penalty or forfeiture shall be recoverable with by civil action or proceeding at the suit of the Attorney General or of a private party suing as well for the Crown as himself in the Supreme Court in any judicial district of the Territories; if no other provision is made for the appropriation of the penalty or forfeiture one-half thereof shall belong to the Government of the Territories and the other half shall belong to the private plaintiff if any there be and if there be none the whole shall belong to the Crown; 52. No offence committed and no penalty or forfeiture in- Repeal curred and no proceeding pending under any Ordinance at Penalties and forfeiture not affected Ordinances public Judicial notice any time repealed or under any regulation at any time revoked shall be affected by the repeal or revocation, except that the proceeding shall be conformable when necessary to the repealing Ordinance or regulation; and whenever any penalty, forfeiture or punishment is mitigated by any of the provisions of the repealing Ordinance or regulation, such provisions shall be extended and applied to any judgment to be pronounced after such repeal or revocation. 53. Every Ordinance shall (unless by express provision it is declared to be a private Ordinance) be deemed to be a public Ordinance and shall be judicially noticed by all judges, justices of the peace and others; 54. Every copy of any Ordinance (public or private) printed Printed copies by authority of law shall be evidence of such Ordinance and of Ordinances of its contents; and every copy purporting to be so printed shall be deemed to be so printed unless the contrary is shown; Evidence of Construction of Reference to sections 55. A copy of any regulation or Order of the Lieutenant Governor in Council printed by the Queen's Printer or a written copy thereof attested by the signature of the clerk of the Executive Council shall be evidence of such regulation or Order; and any Order in writing signed by the member of the Executive Council fulfilling the duties of the Territorial Secretary and purporting to be written by command of the Lieutenant Governor shall be received in evidence as the Order of the Lieutenant Governor; 56. The preamble of every Ordinance shall be deemed a part thereof intended to assist in explaining the purport and object of the Ordinance and every Ordinance and every provision or enactment thereof shall be deemed remedial (whether its immediate purport is to direct the doing of any thing which the Legislative Assembly 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 insure the attainment of the object of the Ordinance and of such provisions or enactment according to its true intent, meaning and spirit, 57. Where reference is made to any Ordinance by number to two or more sections, subsections, clauses of paragraphs of any Ordinance or Statute, the number first mentioned and the number last mentioned shall both be deemed to be included in the reference. 58. Reference by number to any section, subsection, paragraph, clause or line of any other Ordinance shall be deemed to be a reference to such section, subsection, paragraph, clause or line of such other Ordinance as printed by authority of law; Proceedings under 59. Where an Ordinance is not to come into operation immediately on the passing thereof and confers power to hold any Ordinance election, to make any appointment, to make, grant or issue any preliminary to coming into instrument, Order in Council, order, warrant, scheme, letters force patent, rules, regulations or by-laws, to give notices, to pre-. scribe forms or to do any other thing for the purposes of the Ordinance, that power may (unless the contrary intention appears) be exercised at any time after the passing of the Ordinance so far as may be necessary or expedient for the purpose of bringing the Ordinance into operation at the date of the commencement thereof, subject to this restriction that any such instrument, Order in Council, order, warrant, scheme, letters patent, rules, regulations or by-laws shall not (unless a contrary intention appears in the Ordinance or the contrary is necessary for bringing the Ordinance into operation) come into operation until the Ordinance comes into operation; 60. Nothing in this section shall exclude the application to General rules any Ordinance of any rule of construction applicable thereto of construction and not inconsistent with this section. C.O. c. 1, s. 8; 1901, c. 2, s. 1; 1903, c. 3, s. s. 1 and 2. CUSTODY OF ORDINANCES. 9. All Ordinances heretofore passed, now passed and here- Ordinances to after to be passed shall be and continue to remain of record in be of record the custody of the clerk of the Legislative Assembly. C.O. c. 1, s. 9. CERTIFIED COPIES OF ORDINANCES. 10. The clerk of the Legislative Assembly shall affix the seal of the Territories to certified copies of all Ordinances intended for transmission to the Secretary of State or required to be produced before courts of justice and in any other case which the Lieutenant Governor in Council may direct; and such copies so certified shall be held to be duplicate originals and also to be evidence (as if printed by lawful authority) of such Ordinances and of their contents. C.O. c. 1, s. 10. Authentication of copies 11. The clerk of the Legislative Assembly shall furnish a Certified certified copy of any Ordinance to any person applying for the copies same upon receiving from such person such fee (not exceeding ten cents for every hundred words) as the Lieutenant Governor in Council may from time to time direct. C.O. c. 1, s. 11. 12. The clerk of the Legislative Assembly shall insert at Certificate the foot of every such copy so required to be certified a written |