No. XII.
An Act to amend and extend the Act passed for
| shor tening Acts of the Legislature. | [7 th |
| October, 1858.] |
| WH E R E A S doubts have ar isen whe the r t he Ac t passed in t he | s ix teen th year of | H e r Majes ty ' s | re ign in t i tu led " An | Act | for |
| shortening | Acts of the Legislative | Council" | ex tends to or will embrace |
| Ac t s passed or to be passed by t h e Legis la tu re as a t present | cons t i tu ted |
| a n d w h e t h e r Ac t s commence by law (where no t ime is expressed) | from |
t h e day of the i r receiving the Royal Assen t or a t a n earl ier date a n d i t is expedien t to remove those doubts and also to amend the said A c t in some pa r t i cu la r s Be i t therefore enacted by t h e Queen ' s Most Exce l l en t Majesty by and wi th t h e advice and consent of t h e Legisla t ive Council and Legis la t ive Assembly of N e w South Wales in P a r l i a m e n t assembled and by t h e a u t h o r i t y of t he same as follows :—
1. The several provisions of t h e said A c t applicable to Ac ts of
Counci l shall ex tend to every Ac t passed or t o be passed by t h e
Leg is la tu re of th i s Colony for t h e t i m e being however cons t i tu ted a n d
| t h e t e r m | " Session of Council " shall be t a k e n to m e a n any Legis la t ive |
Session A n d every A c t passed in th i s Colony by whatsoever Legisla t u r e m a y be cited or referred to by t h e words " A c t passed in th i s Colony " or by t he t e r m " A c t of t he Leg is la tu re of N e w South W a l e s "
| P rov ided t h a t | t he word | " A c t " | a lone w h e n used to indicate an E n a c t |
| m e n t | shall equal ly be t a k e n to m e a n | an A c t | of t h e Leg is la tu re | of | th i s |
| Colony un less t h a t cons t ruc t ion | be incons is tent | w i th | t h e | context . |
| 2. E v e r y A c t heretofore or hereafter passed | by t h e Legis la ture |
for t h e t i m e being shall be deemed to have commenced a n d shal l t a k e effect on t h e day on which such Ac t received or shall receive t h e I loya l Assen t unless a cont rary in ten t ion lie expressed the re in A n d
| the da te p u r p o r t i n g to be t h a t of such Assent | which | shall appear | on |
t h e copy of any such Ac t p r in ted by t h e G o v e r n m e n t P r i n t e r or p u r po r t i ng so to be or which shall be p r in ted on t h e copy of any such A c t in t h e Gazette shal l be^ received for all purposes as evidence of t h e
| da te of | such Assen t and be judic ia l ly t a k e n not ice | of. |
3. P rov ided t h a t every Ac t reserved for t he signification of H e r
Majesty 's p leasure the reon shal l commence only on t h e day on which the fact of H e r Majesty 's Assent shall be p roc la imed by the Governor in the Gazette or on such day thereaf ter if any as t he Ac t itself shall
| Sessions no t be ing any General or Qua r t e r Sessions A n d every Proc lamat ion or Order by t h e Governor wi th t he advice of t h e Execu t i ve | Council |
| 4. | The repeal of an E n a c t m e n t by which a previous | E n a c t m e n t |
was repealed shall no t have t h e effect of reviving such las t -ment ioned E n a c t m e n t w i thou t express words A n d ne i ther t h e repeal no r t h e expira t ion of an E n a c t m e n t shall affect any civil proceeding previously commenced unde r t h e same b u t every such proceeding m a y be con t inued and every t h i n g in re la t ion there to be done in all respects as if
| t h e | E n a c t m e n t | cont inued | in | force. |
5. Every A c t amend ing an A c t shall be const rued wi th t h e
amended A c t and as pa r t thereof unless t h e con t ra ry be declared in
| t he | a m e n d i n g | Act . |
| 0. The word " Gazette''' | used in th is or any o the r A c t shall be |
| unders tood to m e a n t h e Neio South | Wales | Government | Gazette | and |
| t h e words | " P e t t y Sess ions" shall be unders tood to mean the Jus t i ces |
| of the Peace assembled a t any Cour t of P e t t y Sessions or s i t t ing | in |
| Counci l whe the r | before or after | t h e pass ing of | th i s A c t m a d e or pu r |
| po r t i ng to be m a d e in | p u r s u a n c e of | any | A c t | or S t a t u t e | and | publ ished |
| in t h e Gazette | shal l be judicial ly t a k e n not ice of. |
| 7. I n all i nd ic tmen t s | and | informat ions a n d | al l | p leadings a n d |
| proceedings civil or c r imina l t h e word | " S t a t u t e " or t h e word | " A c t " |
| used to | indicate | an E n a c t m e n t | shal l equal ly | be | t a k e n | to m e a n and |
| inc lude | a n Ac t | of t h e I m p e r i a l | P a r l i a m e n t | or an A c t | of t h e | Legis la tu re |
| of th i s Colony—as the contex t or t he case m a y | requi re . |
| 8. | W h e r e in any E n a c t m e n t passed | after t h e present Session a |
power is conferred on a n y officer or person by t h e word " may " or b y t h e words " it shall be l a w f u l " or t h e words " shal l a n d m a y be l a w f u l " appl ied to t h e exercise of t h a t power such word or words shall be t a k e n to impor t t h a t t he power may be exercised or n o t a t discret ion b u t whe re t h e word " s h a l l " is applied to t he exercise of any such
| power t he cons t ruc t ion | shall be t h a t t h e power | conferred | m u s t | be |
| exercised. |
9. W h e n e v e r a power is conferred or du ty imposed by any A c t
upon any person by v i r tue or in t he exercise of any publ ic office or
employment and such person is sued in respect of a n y t h i n g done by
| h i m which | he shal l allege to have been done in p u r s u a n c e thereof | he |
| m a y plead the general issue | (with or wi thou t any o ther p lea or pleas) |
and give t he special m a t t e r in evidence u n d e r t h a t plea a n d if he succeeds in t h e act ion such person shal l recover dbsts as between a t to rney and cl ient Provided t h a t he shall a t t h e foot of his plea s ta te
| t he pa r t i cu la r | A c t | a n d section | or sections | u p o n which | he in tends to |
| rely a n d no o ther E n a c t m e n t s | shall at t h e t r i a l be rel ied on by | h i m . |
| 10. | The t e r m | " Q u a r t e r Sess ions" | or | " Genera l | Q u a r t e r | Ses |
s ions" in any A c t now or hereafter passed shal l be t aken equal ly to inc lude a Cour t of Genera l Sessions of t h e Peace and every such Cour t periodically s i t t ing and ordinar i ly presided over by t h e C h a i r m a n of
| Q u a r t e r | Sessions | or | any | J u d g e | of a Dis t r ic t | Cour t | ac t ing | as | C h a i r m a n |
shal l be deemed to have had a n d shall have t h e some jur i sd ic t ion and au tho r i t y bo th in civil and in cr iminal cases as a Cour t of Genera l
1 1 . The t i m e prescribed or allowed in an A c t for t h e doing of a
pa r t i cu la r t h i n g shal l in all cases be t a k e n to exclude t h e day of t h e ac t or event from or after which the t ime is to be reckoned b u t shall inc lude t he day for t he doing of t h a t t h i n g Provided t h a t whe re t ha t
| day falls on a Sunday or on Chr i s tmas D a y or Good Er iday | the t h i n g |
| may be done on t h e day following a n d dis tance of space men t ioned or |
| indicated in a n A c t shal l be computed according to t h e neares t | road |
| ordinar i ly used in t r ave l l ing tmless | m e a s u r e m e n t | in | a | direct | l ine | be |
| expressed or t h a t cons t ruc t ion be rendered necessary by t h e | context . |