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Interpretation Act, 1889 (English)

Legal definition for Indian law research

Definition

Interpretation Act, 1889 (English) (52 & 53 Vict. c. 63). A most important statute, repealing and re-enacting Lord Brougham's Act of 1850 (13 Vict. c. 21), 'for shortening the language used in Acts of Parliament' and other similar Acts, and further shortening such language. By this Act, in Acts passed after 1850, words importing the masculine gender include females, words in the singular include the plural, and words in the plural include the singular; also, definitions are provided of 'month,' 'land,' 'parish' (see those titles), and other terms.

The Act also provides that:-

In this Act and in every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Act shall be binding on the Crown (s. 30).

Statutory powers to make rules, etc., may be exercised from time to time, and the power to make rules, etc., includes a power to rescind or amend them (s. 32).

Where an offence is committed against more Acts than one, the offender may be prosecuted under any such Acts (s. 33).

The repeal, in any Act passed after 1850, of repealing enactments, does not revive the enactments repealed (s. 11).

Statutory powers to make rules, etc., may be exercised at any time after the passing, and before the commencement, of any Act which does not, by virtue of the (English) Acts of Parliament (Commencement) Act, 1793 (33 Geo. 3, c. 13), commence on the day of the Royal Assent, s. 37 enacting that:-

Where an Act passed after the commencement of this Act is not to come into operation immediately on the passing thereof, and confers power to make any appointment, to make, grant, or issue any instrument, that it to say, any Order in Council, 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 Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commence-ment thereof, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation.

It is also provided by s. 38 that:-

Where this Act or any Act passed after the commencement of this Act (i.e., after 1st January, 1890) repeals and re-enacts, with or without modi-fication, any provisions of a former Act, references in any other Act to the provisions so repealed, shall, unless the contrary intention appears, be con-strued as references to the provisions so re-enacted.

This is a generalization of a modern form in con-solidating Acts: see, e.g., s. 313 of the (English) Public Health Act, 1875.

For further provisions of the Act, see DISTANCE; MONTH; PARISH; REPEAL; SERVICE; STATUTORY DECLARATIONS.

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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