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7 Mar 2023

5 To what circums·tances is the test of applicability to be applied: the circumstances of the tie of the enact ment of the English statute in question, the circumsta nces. [...] of 18701 the circumstances of the .time \vhen the North-·iest Territories Act came into force, the time of first con sideration of the statute by an Alberta court_, or the circumstances of the present time? That question has not reeived .an authoritative answer with regard to the circumstances obtaining l.n Alberta. [...] If the intent to amend or abrog ate is clear, and if the amending or abrogating body has power· to do so, it is easy to "find that the English statute has, for the juris diction in question, been amended or abrog a ted , and similarly if the local statute deals with the same subject matter as the English statute To the extent that the leg islat ion is inconsistent, the English statute ceases to h. [...] Because of the existence of Her Majesty's Sta tionery Office's published chronological list and index to the statutes in force 1870 there is little d:Lfficulty in arriving at a complete list of the statutes in force in England on the 15th of July, 1870, or in arriving at a subject index to those statutes. [...] Yet many of the statutes which were in force in England on the 15th of July, 1870, were of little significance in England and probably of none whatever outside Englando For one thing the process of pruning the deadwood out of the English statute books by means of L Revision Acts was only in its early stages in 1870.
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