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REPORT OF THE COMMISSIONERS FOR REVISING THE STATUTES, 1911. British Columbia. Legislative Assembly 1912

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 REPORT
OF the
COMMISSIONERS FOR REVISING THE STATUTES,
1911.
Victoria, B.C.,  January  Kith, 1912.
To the Hon. H. E. Young, M.D.,
Provincial Secretary,
Government Buildings, Victoria, B.C.
Sir,—The Commissioners for revising the Statutes have the honour to enclose
their report to His Honour the Lieutenant-Governor, and ask you to kindly present
the same in due course.
We have the honour to remain,
Sir,
Your obedient servants,
CHARLES  WILSON.
A. P. LTJXTON.
To the Honourable Thomas Wilson Paterson,
Lieutenant-Governor of the Province of British Columbia,
Victoria, B.C.
i
May it please Your Honour,—Your Commissioners appointed by Commission
dated the 11th January, 1910, to revise, classify, and consolidate a new edition of
the Statute Laws of the Province and the Public Statute Law of England in force in
and applicable to the Province, have the honour to report as follows:—
Your Commissioners have revised, classified, and consolidated the Public
General Acts of the Province, including Acts passed at the last session of the
Legislature, and these volumes are now ready to be presented to the Legislature
at its present session, and will be known as the " Revised Statutes of British
Columbia, 1911."
In the Revision of 1897 the then Commissioners grouped together a number of
Acts under the common head of " Associations," and then arranged the other Acts
alphabetically, thus combining two systems of arrangement: one under classes of
subjects being the system adopted in the Revision of the Dominion Statutes, and
also adopted in the Province of Ontario, and the other an alphabetical system, a
system which prevails very largely in the other British dependencies, and is adopted
in England in Chitty's " Statutes of Practical Utility." The alphabetical system
is the one that your Commissioners preferred as the most convenient for reference,,
and the whole of the present Acts are, therefore, arranged alphabetically. N 14 Revised Statutes, 1911. 1912
The Public Statute Law of England in force and applicable to the Province,
which the Revisers of 1897 incorporated in the Public General Acts of the Province,
are still continued in their appropriate places. In order not to unnecessarily
encumber the present volumes and the necessity for an early completion of the
present work has obliged your Commissioners to insert in a separate volume the
English Acts which in the Revision of 1897 were set out in the beginning of Volume
I. This separate volume will also contain some Acts of a quasi-public character,
which ii is desirable to print in order that they may be readily accessible, and a list
of all private Acts that have not actually expired. The last list is for convenience
of reference only.
The volumes now being presented contain a Table of Acts and parts of Acts
consolidated, showing where each section and part of a section is consolidated.
A further Table showing the history and disposal of all Acts and parts of
Acts is not quite ready, but it will be printed at the end of the volume containing
the English Acts before referred to.
Your Commissioners wish to point out that there are occasions in all Eevisions
of Statutes where it is not quite clear whether the work of revision does not
encroach to some slight extent upon the functions of the Legislature. Occasionally,
in order to make Acts harmonize one with the other, we have been met with
difficulties of this kind.
After consultation with the Honourable the Attorney-General, it was thought
better to make minor alterations of this character, carefully informing the Attorney-
General at the same time of the nature and character of any such amendments and
alterations in order that he might invite the attention of the Legislature to them,
so that they might be dealt with as the Legislature in its wisdom might think
proper.
Your Commissioners, therefore, now enclose you a supplement to this report,
mentioning all the instances in which it is possible that the work of the Revision
may have encroached upon the functions of the Legislature.
Your Commissioners have been exceedingly careful in the exercise of this
discretion, and think that it will be found that in all other cases they have carefully
confined themselves to the power vested in them by the Statute and the Commission.
This supplement also contains a' few suggestions for the consideration of the
Attorney-General with respect to amendments that in the opinion of your Commissioners seemed desirable.
The preparation of all the tables, proof-reading, and frequent checking of
references and cross-references have been confided to competent hands, and will,
we believe, 'be found to be accurate and trustworthy.
Hated January 16th, 1912.
CHARLES WILSON.
A. P. LUXTON. 2 Geo. 5 Revised Statutes, 1911. N 15
Interpretation Act.
C. 1, Sec. 47.—This section is new aud is intended to meet those instances where, as is the
case in many Acts, provision is made that questions shall " be decided, in case of dispute by
arbitration under the ' Arbitration Act.' " We have therefore added this as a further rule for
the interpretation of Statutes to remove any doubt that might arise whether the provision is
a " submission " under the " Arbitration Act."
Administration Act.
C. 4, Sec. 25.—The Commissioners have omitted the last paragraph of c. 23, s. 2, inserted as
section 19a of R.S. 1897, c. 73, wdiieh is as follows: " The interim receipt of such company may
be accepted in lieu of the formal security, but the formal security shall be completed within two
months from the date of the interim receipt." The reason for omitting this sentence is that we
understand that in practice an interim receipt is not accepted, and it may be pointed out that
such interim receipts frequently require the approval of the head office, and, if not approved,
the security would be worthless, though within the two months the estate might have w7holly
come into the administrator's hands.
Sec. 49.—Frequently the Official Administrator feels hi doubt whether the claimants or any
one or more of them are entitled. The Commissioners suggest for consideration an amendment
as follows, to be called 49a : " If the Official Administrator shall not be satisfied with or
shall be in doubt as to the right of any such person to receive any money out of such fund, he
may require such person to apply to the Court or a Judge by petition setting out the facts relied
upon for an order for the payment of such money, and the Court or Judge may make such order
upon such application as to the payment of such money and as to the costs of the application
as to the Court or Judge may seem right."
Sees. 11.2 and 113.—These sections are taken from the English Act 30 & 31 Vict., c. 09, s. 1,
and 40 & 41 Vict., c. 34, s. 1, and are in harmony with this legislation. They remove doubts
with respect to mortgaged leaseholds, and as to whether a lien for unpaid purchase money was
covered by section 111, and other questions which arose under the earlier English Act.
Part V.. Sec. 80.—This section is part of R.S. 1897, c. 100, s. 2. The Revision of 1897 limited
the jurisdiction of County Courts to $500, but the " County Court Act, 1805," c. 14, s. 40, conferred
jurisdiction up to $2,500. The Commissioners have changed this section 80 to harmonize with
the " County Court Act," that being the later legislation on the subject.
Agricultural and Trade Credit Societies.
Sec. 31 (error).—"This section" should be "the last preceding section." Have put
corrigenda at end of Vol. III.
Arbitration Act.
C. 11, Sec. S.—This section has been redrawn to conform to the English Act, of which the
Provincial Act is a copy, and at the same time give effect to the Provincial legislation on the
subject.
Attachment of Debts.
C. 14, Sec. 20.—Under section 3 debts can be attached before judgment, but it was not
quite clear that partnership debts were so attachable. Section 20 has been inserted to cover the
omission.
Benevolent Societies.
C. 19, Sec. 2, Subsec. (4).—This section as originally enacted R.S. 1897, c. 13, s. 3, subsec.
(4), was repealed by 1900, c. 2, s. 2, but was allowed to remain in 1898, c. 0, s. 1, subsec. (4).
The repeal was therefore useless; under ordinary cases the Commissioners would have followed
the later will of the Legislature and left out in the Revision 189S, c. 0, subsec. (4). But as
the amending Act of 1905, c. 3, s. 4, seemed to contemplate the incorporation of a social club,
it was thought better to leave the whole question for legislative action. The " Industrial
Communities Act" is now c. 104, aud subsection in question is s. 2, subsec. (4). -<—
N 16 Revised Statutes, 1911. 1912
Bills of Sale.
C. 20, Sec. 21.—P. 192, line 4, after " direct" insert " in the case of an extension of time,
such order to be without prejudice to the rights of parties acquired prior to the actual date
of registration." The districts for filing in section S are changed to meet present conditions—
i.e., changes made by Lieutenant-Governor in Council since 1905.
Cemetery Companies.
In section 4. we changed the word " district " to " county," as " district" means different
areas under various Acts.   It relates in this Act to description of place of meeting only.
Clubs Regulation.
C. 3, Sec. 2.—Clubs regulation, section 2, is changed to agree with definition of liquor in
" Liquor Licence Act."
In section 9 the words " in case of conviction of a natural person" are omitted as not
being consistent with the language of other Statutes.
Companies Act.
C. 39, Sec. 105.—Line 11. The Commissioners suggest as follows: After " extended"
insert " without prejudice to the rights of parties acquired prior to the actual date or registration."
Sec. 131.—We have left out the amendment of 1911—i.e., c. 8. s. 19. This amendment is
taken from our first draft of the Revision. It is inconsistent with the non-personal liability
principle upon the ground that a contract to take shares means that the subscriber will pay
the full amount in meal or malt.
County Court Act.
C. 53.—The Commissioners were of opinion the arrangement of the sections of this Act
might be much improved, but refrained from changing them as the Rules of Court refer to
the sections as now numbered, and generally the disadvantage to the profession and the public
of a rearrangement would far exceed the advantage to be gained. Xo change was, therefore,
made in it.
Courts, Supreme—Judicial Districts.
Sec. 11.—We have added Atlin to make it complete.
Sec. 31.—We suggest that rules should be made under this section respecting the matters
therein referred to.
Creditors' Relief Act.
Sec. 0.—Refers to Registrar at Atlin City. The Commissioners invite attention to this,
as it may be that the Prince Rupert Registry is now the principal registry in the district.
Distress Act.
C. 65.—The Schedule should make provision for costs of advertising being also recovered.
The percentage in some cases would not cover it. The Commissioners have, therefore, added
" advertising expenses actually paid."
Dower Act.
In cases of intestacy the widow is entitled to dower.
Under the "Inheritance Act," c. 10S, s. 5, subsec.  (5), the widow  (there being no descendants) takes half the land.   If there be descendants, then one-third for life.
Is this inclusive or exclusive of dower, or is she put to her election?
The Commissioners invite attention to this.
Execution Act. \
C. 79, Sec. 20.—This was formerly part of 1908, c. 20, s. 2. In the interpretation of
"judgment"  the  Commissioners  have left  out  in  subsec.   (a)   the  words   "or  whereby  the 2 Geo. o Revised Statutes, 1911. N 17
possession of land is given to or any estate vested in any person by virtue thereof." These
words only weaken the comprehensive meaning given to the word " judgment" in the first
two lines.
Highways.
C. 20 of 1005 has been omitted, as the " Water Act" covers the same ground and is its
appropriate place.   The repeal of c. 26 is suggested.
Official Guardians.
This Act appeared inconsistent with, inter alia, the " Intestate Estates Act" and the
" Settled Estates Act" and with existing law as to trustees and guardians; its basis is apparently to provide for Guardians ad litem. The Commissioners have endeavoured to bring it into
line consistent with the said other Statutes and existing law.
Infants. \
Sec. 41, formerly s. 0 of c. 8, 1897.—We have added last three lines to make it consistent
with the two previous sections.    It makes the right of the infant clearer.
Inheritance Act.
R.S. 1S97, c. 97, s. 22.—Has been left out. As to the widow, she is provided for by sec. 5,
subsec. (5) ; and as to the widower, he gets nothing, "tenancy by the courtesy" having been
destroyed in 1873, c. 29, s. 1.
Insane Asylum.
Sec. 28.—The Commissioners have amended this section to make age of son or brother
eighteen—before, there was no age mentioned at all.
Insurance, Marine.
C. 116.—Sec. 2, c. 105, s. 2, R.S. 1897—19 Geo. 2, s. 4, being entirely opposed to modern
practice, and having been impliedly repealed by 27 & 28 Vict., c. 56, s. 1, and expressly repealed
by 30 Vict., c. 23, Schedule D has been left out of present Revision and is recommended for
repeal.
Laws Declaratory Act.
C. 133.—This Act was formerly sections 19 and 20 of the " Supreme Court Act."
In the opinion of the Commissioners, it was better to limit the " Supreme Court Act" to
the Constitution.   Procedure and practice of the Court and the rules of law heretofore declared
therein which were to be administered by all the Courts in the Province in a separate Act.
Sec. 2, Subsec. (19).—The Imperial Act 22 & 23 Vict., e. 35, s. 21, has been inserted as an
essential rule in harmony with the other rules declared from time to time.
Mechanics' Lien Act.
We suggest striking out section 39 of the old Act and amending section 19 by adding after
subsection (2) : "and shall within the respective times hereinbefore in this section mentioned
file in the Land Registry Office of the land registry district within the limits of which the lands,
mines, or premises in respect of which the lien is claimed are situate a duplicate or a copy
certified by the County Court Registrar to be a true copy of such affidavit, which duplicate or
certified copy of such affidavit shall be received and filed in the said Land Registry Office as a
lien against the property, interest, or estate against which the lien is claimed"—because the
object of the Act is to create a lien on the real estate affected by the work done. Persons
dealing with real estate expect to find all charges against it where the title is registered
pursuant to the "Land Registry Act." All the claimant has to do to effect his charge by
virtue of his lien at present is to file the affidavit under section 19 in the County Court Registrar's Office, so that some one dealing with land would not be safe without searching at the
proper place—the Land Registry Office—as well as in the office of the County Court. N 18 Revised Statutes, 1911. 1912
Section 39 was a requirement only that the Registrar of the County Court should file in
the Land Registry Office a certified copy of the affidavits mentioned in section 19, but there is
no obligation there on the part of the claimant to see that it is filed in the Land Registry Office,
and what would be the position if the officer in the County Court omitted to carry ont the
direction in that section?   We have accordingly redrawn section 19.
Metalliferous Mines Inspection Act.
C. 104.—The former Act, R.S. 1897, c. 134, ss. 6, 32, and 33, subsec. (0), with respect to
the jurisdiction of Justices of the Peace and the penalty to be imposed, were quite inconsistent.
Leaving out of the present Revision subsection (fi) of section 33 of the Revision of 1897 results
in consistency.    The Commissioners, therefore, adopted this course.
R.S. 1897, c. 134, s. 33, is now e. 164, s. 38.
Municipal Act.
C. 170.—This Act (in common with many others) has been entirely rearranged, divided into
parts, the sections placed in their appropriate part, and a careful attempt has been made to
reduce the heretofore undigested mass of sections to some logical order and arrangement.
The only sections to which particular attention need for the moment be directed are sections
249 and 250 of 1900, c. 23.    In the present Revision these sections are c. 170, 524 and 525.
The Commissioners have considered the effect of these sections on the " Land Registry Act,"
present Revision c. 127, s. 90, formerly 1906, c. 23, as amended by 1908, c. 29, s. 5. and, while
noting the inconsistency, arrived at the conclusion that the intention of the Legislature was
that this should be a matter of municipal regulation.
The Commissioners suggest legislation to harmonize these inconsistencies.
Land Registry Act.
C. 127, Sec. 69.—The Commissioners have made a slight alteration that appears to have
been contemplated by the form, so that section 69 now requires the caveator to act within
twenty-one days after notice, or two months in case of no notice, and Form H has been adapted
to the Act.
Sec. 102.—This section is part of 1911, section 10. The Commissioners have substituted
" any conveyance or transfer " for the words " an absolute conveyance," and in line 1 have
added the words " or interest thereon " after " land " ; and in line 4 have added the words " or
transfer " after the word " conveyancer."
The Commissioners were of opinion that the language of the Act of 1911 would not cover
all the cases intended.
The Commissioners respectfully suggest the re-enactment of the old section from the
Revision of 1870, No. 143, section 40, section 35 of c. 07 of Consolidated Acts of 1SSS. This
section in another form was in the original Act of 1801, and is of the very essence of the
land-registry system. It was continued until 1893, when some change was made, and in 1900
when registration became compulsory it was omitted.
Land Act.
C. 129, Sec. 7.—This is 1898, c. 30, s. 5, redrawn and partly new. After conferring with
the Minister it was thought- better that this section should be rearranged, and it is now' c. 129.
s. 7; subsections (c), (d), and (c) are new, and intended to meet the equity.of cases that
occasionally arise.
Sec. 159.—This section was originally passed to enable the Department to refuse to recognize
transfers of pre-emptions until the issuance of the Crown grants. In practice, the Department
refused to recognize transfers of other hereditaments until the particular title in each case was
completed. The Commissioners have adapted this section to give legislative effect to the departmental practice.
Sees. 45 and 55.—The proviso to 1.910, c. 26. s. 3, re-enacting s. 36 respecting " building conditions," has been transferred to 1908, c. 30, s. 39, now s. 55, as being the more appropriate place
for such a proviso. 2 Geo. 5 Revised Statutes, 1911. N 19
Mortgage Statutory Form Act.
We have added a new paragraph in the Second Schedule: (a.) " Such parties may introduce
into any mortgage expressed to be made in pursuance of this Act such further covenants, powers,
and provisions as may be agreed upon between them "; and in the power of sale have added
after the word " secured," in the short form, the words " or taxes as hereinbefore provided" ;
and in the long form, adding to meet this the words " or in payment of any of the said taxes,
rates, levies, charges, rents, assessments, statute labour, or other impositions whatsoever."
The first in consequence of the wide use of this Act and of the doubts which have been
expressed how far any mortgage made pursuant to this Act should depart from the words
contained in the Schedule.
The second was apparently an omission.
Pawnbrokers Act.
Section 28 of 35 & 36 Vict., c. 93, Imperial, was apparently omitted from R.S. 1897, c. 152,
but is, in the opinion of the Commissioners, quite applicable to the Province, and therefore it
has been added as section 25.
To the preamble to Forms IV. and V. have been added the following words: " And is
guilty of any offence under the ' Pawnbrokers Act.' " This interpolation is justified by section
26 (5).
Powers, Illusory Appointments.
C. 155 of R.S. 1897.—As our statute law now stands, it is, in some cases, still necessary to
appoint a nominal sum to each object if the appointment is to be a valid one; in other words,
"to cut him off with a shilling." To remedy this anomaly the Commissioners made the same
amendment as was made ill England on this subject in 1874, and have added as sections 4 and
5 the following:—
"4. No appointment which from and after the passing of this Act shall be made in
exercise of any power to appoint any property, real or personal, amongst several objects shall
be invalid at law or inequity on the ground that any object of such power has been altogether
excluded; but every such appointment shall be valid and effectual notwithstanding that any
one or more of the objects shall not thereby or in default of appointment take a share or
shares of the property subject to such power.    [37 & 38 Vict, c. 37, s. 1.]
" 5. Provided always that nothing in the last preceding section contained shall prejudice
or affect any provision in any deed, will, or other instrument creating any power which shall
declare the amount of the share or shares from which no object of the power shall be excluded,
or some one or more object or objects of the power shall not be excluded. [37 & 3S Vict., c.
37, s. 2.] "
Probate Duty Act.
C. 1S3.—All the sections of this Act, except section 1, are taken from the Consolidated
Acts, 1888, as shown in the reference at the end of each section. This Act was apparently
omitted from the Revision of 1897, although the then Commissioners intended to consolidate it
with the " Administration Act."
Religious Institutions.
C. 200.—As there was some doubt as to the powers of trustees relating to the acquisition of
property and the disposition thereof, the Commissioners have redrawn sections 2, 4. 7, and 9,
so as to remove these doubts and to give full effect to the intention of the Legislature.
Public Schools Act.
C. 206.—After conferring with the Superintendent of Education, the Commissioners have
redrawn sections 30 and 34, c. 30, of the Revision of 1897 (in the present Revision sections
48 and 53) in order to overcome previous conflict existing between these two sections. N 20 Revised Statutes, 1911. 1912
Succession Duty.
C. 217.—The former Act 1906, c. 39, s. 24, did not provide the method by which the powers
of the Judge were to be invoked. The Commissioners have, therefore, interpolated in section
43 the words " upon motion or petition."
Taxation Act.
. C. 222, Sec. 160.—This section is new7 and was inserted by the Commissioners after conferring
with the Surveyor of Taxes.
Trustee Act.
C. 232.—The Legislature of British Columbia has followed closely Imperial legislation on
the same subject, and, that being the clear intention of the Legislature, the Commissioners have
inserted section 10 of the Imperial Act of 1905 in lieu of sections 19 and 20 of the Revision of
1S97, c. 1S7. This section 10 is far more complete and consistent with the provisions of the
British Columbia Act of 1905, c. 51.
It further contains provisions for appointing a separate set of trustees for different parts
of the trust property. This cannot well be done now without an application to the Court, and
the jurisdiction of the Court to make such an order is not free from doubt. The Commissioners
have, therefore, incorporated this in the Revision as section 16.
The Commissioners have also made a minor alteration in section 11 of the Revision of 1897
to conform more closely to the British Columbia Act of 1905, which is taken from the Imperial
Act, 56 & 57 Vict., c. 53.   The section is section 12 of the present Revision.
Sees. 73 and 74.—The Commissioners suggest that this Act should be amended by adding
after section 74, sections 74a, 74b, and 74c, for the purpose of incorporating 2 & 3 Vict., c. 60,
and 11 & 12 Vict., c. 87.
These Acts are in force in British Columbia by virtue of Sir James Douglas's Proclamation.
The Commissioners are, however, unable to find them in the Revision of 1S97. They are Acts
amending 11 Geo. IV. & 1 Will. IV., c. 47, which last-named Acts were c. 60 of the Revision of
1897, intituled the " Real Property Assets Act." The Commissioners considered that some
sections would be more appropriately consolidated with the " Administration Act" and others
in the " Trustee Act," and so consolidated them. Unfortunately when consolidating and revising
the " Trustee Act" these amending sections wrere overlooked.
The Commissioners suggest that an Act be introduced at the present session incorporating
these sections as sections 74a, 74b, and 74c of the " Trustee Act."   The sections are as follows:—
" 74a. The provisions of section 74 of this Act shall extend to any case in which any lands,
tenements, or hereditaments of any deceased person shall by descent or otherwise than by
devise be vested in the heir or co-heirs of such person, subject to an executory devise over in
favour of a person or persons not existing or not ascertained; and in any such case it shall be
lawful for the Court to direct such heirs or co-heirs, notwithstanding such heir or co-heirs, or
any of them, may be an infant or infants, to convey, release, assign, surrender, or otherwise
assure the fee-simple or other the whole interest or interests so to be sold to the purchaser or
purchasers, or in such manner as the said Court shall think proper; and every such conveyance,
release, surrender, assignment, or other assurance shall be as effectual as if the heirs or co-heirs,
who shall make and execute the same, was or were seised or possessed of the fee-simple or other
whole estate so to be sold, and, if an infant or infants, was or were of full age. [11 & 12 Vict.,
c. 87, s. 1.]
" 74b. The provisions of sections 73 and 74 of this Act shall extend to authorize the Court
to direct mortgages as wyell as sales to be made of the estates of such infant heirs or devisees,
and also of lands, tenements, or hereditaments so devised in settlement as aforesaid, and to
authorize such sales or mortgages to be made in cases where such tenant for life or other person
having a limited interest, or such first executory devisee as aforesaid, is an infant. [2 & 3
Vict, c. 60, s. 1.]
" 74c. When any such sale or mortgage shall be made in pursuance of the last four preceding
sections of this Act, the surplus (if any) of the money raised by such sale or mortgage which
shall remain  after answering the purposes for which the same shall have been  raised,  and 

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