Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
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Permanent Link: http://ufdc.ufl.edu/UF00103120/00036
 Material Information
Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
Uniform Title: Laws, etc. (Ordinances : 1902)
Alternate Title: Ordinances as passed by the Legislative Council of Trinidad and Tobago during the year ..
Physical Description: 51 v. : ; 26 cm.
Language: English
Creator: Trinidad and Tobago
Publisher: G.P.O.
Place of Publication: Port-of-Spain, Trinidad
Port-of-Spain, Trinidad
Publication Date: 1912
Frequency: annual
regular
 Subjects
Subject: Law -- Trinidad and Tobago   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
legislation   ( marcgt )
 Notes
Dates or Sequential Designation: 1902-1952.
 Record Information
Bibliographic ID: UF00103120
Volume ID: VID00036
Source Institution: Florida International University College of Law
Holding Location: Florida International University College of Law
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 13324890
lccn - 18009601
 Related Items
Preceded by: Ordinances of the Council of Government
Succeeded by: Ordinances enacted by the Legislative Council of Trinidad and Tobago between the ... and government notices published between the ...

Full Text
/0 ?~ 12


TRINIDAD AND TOBAGO.

Interpretation.

No. 34.-1.912.

2nd July.

AN ORDINANCE to amend and consolidate the
Interpretation Ordinances.





[L.S.
GEORGE R. LE HUNTE,
GOVERNOR.
16th July, 1919,






B E it enacted by the Governor of Trinidad and Tobago
with the advice and consent of the Legislative Council
thereof as follows:-
1. This Ordinance may be cited as the Interpretation short Title.
Ordinance, 1912.
2. When the Governor shall assent to any Ordinance, he Assent to and
shall, in proof of such assent, affix his signature and the nono"" e-
day, month and year when the same shall be so affixed, to Ordinances.
five printed copies of the Ordinance, sealed with the public
seal of the Colony and immediately under such seal; and
such signature, together with such statement of the day,
month and year, shall be taken to be part of such Ordi-
nance, and such day month and year shall be the date of
its commencement, when no other ciiumr i.-it shall be
therein provided,





^'^/










No. 34. Interpretation. 1912.
Of such copies the Colonial Secretary shall deliver one
to the Registrar of the Supreme Court, to be enrolled in
the said Court, one to the Clerk of Council for the use
of the Legislative Council, and shall forward two to His
Majesty's Principal Secretary of State for the Colonies, and
shall retain the other copy for the use of the Governor.

Moae of citing 3. When any Act of Parliament is referred to, it shall be
Acts of
ariament. sufficient, for all purposes, if such Act was made before the
seventh year of Henry the Seventh, to cite the year of the
King's reign in which it was made, and where there are
more statutes than one in the same year the statute, and
where there are more chapters than one the chapter; and
if such Act was made after the fourth year of Henry the
Seventh, to cite the year of the reign, and where there are
more statutes or sessions than one in the same year the
statute or the session (as the case may require), and where
there are more chapters or sections than one the chapter or
section or chapter and section (as the case may require),
without reciting the title of such Act, or the provision of
such section, so referred to; and the reference in all cases
may be made according to the copies of statutes printed by
the King's Printer, or to the copies thereof contained in the
reports of the Commissioners of Public Records.
Mode of citing 4. When any Ordinance is referred to, it shall be sufficient
ordinances. for all purposes to cite such Ordinance either by the short
title (if any) by which it is made citable, or by the year of
Our Lord in which it was made and its number among the
Ordinances of that year, or in the case of the revised edition
of the Ordinances issued under the Ordinance No. 3 of 1899,
or under any other Ordinance providing for the issue of a
revised edition, by its short title or its number; and the
reference may in all cases be made according to the copies
of Ordinances printed in England or at the Government
Printing Office or by the Government Printer.
Amending 5. Whenever the principal Ordinance on any subject has
Od to btcon- been or shall be amended by any Ordinance, every amending
principal Ord. Ordinance shall be construed together and as one with the
and to becited
with that Ord. principal Ordinance, and whenever the title or short title of
short the principal Ordinance admits of it, the principal Ordinance










No. 34. Interpretation. 1919.
and every amending Ordinance may for all purposes be cited
by the title or short title, as the case may be, of the principal
Ordinance, substituting therein the word Ordinances" for
the word Ordinance," and omitting the year or number;
for example, the Immigration Ordinance, No. 161 and the
Immigration Ordinance, 1912, may be cited as "the Immi-
gration Ordinances."
6. Whenever two or more Ordinances are cited in the Authorized
manner authorized by the preceding section, the authorized include all or
short title used shall be construed to mean all of the Ordi- ao3r esdcer
nances covered by such expression, and any or either of coveredby it.
them.
7. In this Ordinance and in every Ordinance already Interpretation
passed or hereafter to be passed, and in every rule, regula- word and
tion, bye-law or form already made or hereafter to be made expressions.
or issued under the authority of any such Ordinance, and
in every Order in Council and Proclamation made under
lawful authority and in all legal documents, the following
words and expressions shall have the meanings hereby
assigned to them respectively, unless there be something
in the subject or context inconsistent with such construc-
tion, or unless it be therein otherwise expressly provided,
that is to say :
(1.) Government Analyst" includes any Assistant
or other Analyst employed by the Government;
(2.) Government Printer" means and includes the
Superintendent and the Manager of Government
Printing, and any printer purporting -to be the
printer authorized to print the Ordinances and
other documents of the Government;
(3.) Governor" includes the Officer administering
the Government for the time being;
(4.) His Majesty," The King," means His present
Majesty, His Heirs and Successors;
(5.) Justice" means a Justice of the Peace not
being a Stipendiary Justice of the Peace;
(6.) "Land" includes messuages, tenements and
hereditaments, houses and buildings of any
tenure;










No. 34. Interpretation. 1912.

(7.) Magistrate" means a Stipendiary Justice of
the Peace;
(8.) Month" means calendar month;
(9.) Oath," Swear," Affidavit," include affirma-
tion, declaration, affirming and declaring, in the
case of persons allowed by law to declare or
affirm instead of swearing;
(10.) Person includes any body of persons, cor-
porate or unincorporated.
(11.) "Summary conviction" means conviction
before a Magistrate or Justice;
(12.) "Writing," Written," or any term of like
import includes printing, lithography, type-
writing, photography and other modes of repre-
senting or reproducing words in a visible form.

gder"nd 8. In every such Ordinance, rule, regulation, bye-law,
form, Order in Council and Proclamation, unless there is
something in the subject or context inconsistent with such
construction, or unless it be therein otherwise expressly
provided, words importing the singular number or the
masculine gender only shall be understood to include several
matters as well as one matter, and several persons as well
as one person, and bodies corporate as well as individuals,
and females as well as males; and words importing the
plural number shall be understood to apply to one matter
as well as to more than one; and whenever any fine, penalty
or forfeiture is payable to a party aggrieved, it shall be
payable to a body corporate in every case where such body
is the party aggrieved.
Wordsof time. 9. With reference to the meaning of tenses and expres-
sions relating to time, Ordinances shall, unless the contrary
is expressed, or by necessary implication appears to be
intended, be regarded as constantly speaking.
Illustration.-The effect of this is to make shall" in Ordinances imperative
only.-Thus in the expression-Any person who shall be guilty of murder
sht,ll suffer death as a felon,-"'shall" is in the first case a word of future
time, in the second a word of command. The effect of the section is to
continue "shall" to the latter function so that the same meaning would be
expressed by "any person who is guilty of murder shall suffer death as
A cvu









No. 34. Interpretation. 1912.
10. An illustration, explanation or example appended to Effect of
illustrations
any enactment shall have the same effect as if the words and examples.
used in such illustration, explanation or example, were con-
tained in a judgment of the Supreme Court delivered in
reference to such enactment: Provided that such illustra-
tion, explanation or example shall not be overruled.
11.-(1.) Where any Ordinance, whether passed before or Powers of
after the commencement of this Ordinance, confers powers 'corities to
on any authority to make regulations, the following provi- regulations.
sions shall, unless the contrary intention appears, have effect
with reference to the making and operation of such regula-
tions :-
(a.) Any regulation may be at any time amended,
varied, rescinded or revoked by the same authority and in
the same manner by and in which it was made;
(b.) There may be attached to the breach of any regu-
lation such penalty not exceeding ten pounds as the
authority making the regulation may think fit;
(c.) No regulation shall be inconsistent with the
provisions of any enactment; and
(d.) The production of a copy of the Royal Gazette
containing any regulation shall be prima facie evidence in
all Courts and for all purposes whatever of the due making
and tenor of such regulation.
(2.) In this section the term "Regulations" includes
Rules and Bye-laws.
12.-(1.) Where any Ordinance, whether passed before Provisions as
or after the commencement of this Ordinance, confers a to ers and
power or imposes a duty, then, unless a contrary intention duties.
appears, the power may be exercised, and the duty shall be
performed from time to time as occasion requires.
(2.) Where any Ordinance, whether passed before or
after the commencement of this Ordinance, confers a
power or imposes a duty on the holder of an office, as
such, then, unless a contrary intention appears, the power
may be exercised and the duty shall be performed by the
holder for the time being of the office.








6
No. 34. Interpretation. 1912.

Official 13. When reference is made in any Ordinance, rule,
de sination to regulation, bye-law, Order in Council or Proclamation to
exeutsin any public officer by the term designating his office, such
term shall include the officer for the time being executing
the duties of such office, and such other officer as may from
time to time be appointed to undertake any portion of such
duties.
Powerto 14. In any Ordinance, past or future, words authorizing
includes power the appointment of any public officer, shall include the
to remove etc. power of removing or suspending him, re-appointing or re-
instating him, or appointing another in his stead in the
discretion of the authority in whom the power of appoint-
ment is vested.
Measurement 15. In the measurement of any distance for the purposes
ofdistances. of any Ordinance, whether passed before or after the com-
mencement of this Ordinance, that distance shall, unless
a contrary intention appears, be measured in a straight line
on a horizontal plane.
Meaning of 16.-(1.) In this Ordinance and in every Ordinance,
commence-
ment." whether passed before or after the commencement of this
Ordinance, the expression "commencement," when used
with reference to any Ordinance shall mean the time at
which the Ordinance comes into operation.
(2.) Where in any Ordinance, whether passed before or
after the commencement of this Ordinance, any order,
warrant, scheme, letters patent, rules, regulations, or
bye-laws made, granted, or issued, under a power conferred
by any such Ordinance, is expressed to come into operation
on a particular day, the same shall be considered as com-
ing into operation immediately on the expiration of the
previous day.
Exercise of 17. Where an Ordinance passed after the commencement
statutory of this Ordinance is not to come into operation immediately
between on the passing thereof, and confers power to make any
passing and
commence- appointment, to make, grant or issue any instrument, that
ordinance is to say, any order, warrant, scheme, letters patent, rules,
regulations or bye-laws, to give notices, to prescribe forms,
or to do any other thing for the purposes of the Ordinance,
that power may, unless the contrary intention appears,











No. 34. Interpretation. 1912.

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 instrument made under the power shall not, unless
the 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.

18. Where any Ordinance repealing in whole or in part Efet of
any former Ordinance is itself repealed, such last repeal shall repeal.
not revive such former enactment unless words be added
reviving the same.

19. Whenever any Ordinance, past or future, repeals any Repealed
enactment to
former Ordinance and substitutes some enactment instead remaininforce
of the enactment repealed, such repealed enactment shall ntil se-
remain in force until the substituted enactment shall come ment comes
tointo operation.

20. Whenever any Ordinance has already been, or shall Repealof
enactment not
hereafter be, repealed, such repeal shall not to affect its
past operation.
(1.) revive anything not in force or existing at the
time at which the repeal takes effect; or
(2.) affect the previous operation of any enactment
so repealed or anything duly done or suffered
thereunder; or
(3.) affect any right, privilege, obligation or liability
acquired, accrued or incurred under any enact-
ment so repealed; or
(4.) affect any penalty, forfeiture or punishment
incurred in respect of any offence committed
against any enactment so repealed; or
(5.) affect any investigation, legal proceedings or
remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punish-
ment as aforesaid; and any such investigation,










No. 34. Interpretation. 1912.

legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if
the repealing Ordinance had not been passed.
Effect of
repeal of Ord. 21. Whenever any Ordinance has already been or shall
eonye-las, hereafter be repealed, and other provisions are substituted
under it. by the repealing Ordinance, all Orders in Council, Procla-
mations, rules, regulations, bye-laws or forms made under
the repealed Ordinance, and in force at the time of such
repeal, shall until they are annulled continue good and valid
in so far as they are not inconsistent with the substituted
Ordinance or provisions.

Reference to 22. Whenever in any Ordinance, past or future, a prior
repel be Ordinance is referred to, and such prior Ordinance has
deemed to subsequently been repealed and a substantially similar
subTeqent,. Ordinance passed in lieu thereof or in substitution therefore,
imntar Ordee whether in a consolidating Ordinance or otherwise, all
references in any Ordinance to such prior Ordinance shall,
unless it shall be otherwise provided in such subsequent
Ordinance, be deemed and construed as referring to such
Ordinance passed in lieu of or in substitution for, such
repealed Ordinance.

Power of 23. When by any Ordinance, past or future, any act or
more than thing is required to be done by more than two persons, a
persons, majority of them may do it.

Deviations 24. Whenever forms are prescribed, slight deviations
from forms. therefrom, not affecting the substance or calculated to
mislead, shall not vitiate them.
Form of 25. Whenever any Ordinance contains any enactment in
suspending
section the terms following, that is to say, "the operation of this
Ordinance is suspended until His Majesty's pleasure shall
be made known," such Ordinance shall not come into
operation unless or until the Governor notifies by proclama-
tion that it is His Majesty's pleasure not to disallow the
same, and subject as aforesaid every such Ordinance shall
come into operation on such date as shall be fixed by such
proclamation for the purpose.









No. 34. Interpretation. 1912.
26. No Ordinance past or future shall in any manner rights of the
whatsoever affect the rights of the Crown unless it is therein Crown.
expressly stated, or unless it appears by necessary implica-
tion that the Crown is bound thereby.
27. The Interpretation Ordinance, No. 137, the Interpre- Repeal.
station Ordinance, 1908 and the Interpretation Ordinance,
1910 are hereby repealed.
Passed in Council this Second day of July, in the year
of Our Lord one thousand nine hundred and twelve.



HARRY L. KNAGGS,
Clerk of the Council.




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