Title
Retroactive application of prison feeding contracts
Law
Act No. 493
Decision Date
Oct 27, 1902
Act No. 493 allows provincial boards to make contracts for feeding prisoners in provincial jails at a rate exceeding twenty cents per diem, retroactively applying to contracts entered into before its passage.
A

Scope, retroactivity, and coverage

  • Section 1 makes the provisions of Act No. 449 retroactive.
  • The retroactivity applies to all contracts for feeding prisoners confined in provincial jails.
  • Coverage includes contracts entered into by provincial authorities prior to the passage of Act No. 449.
  • The retroactive application covers contracts that fall under Act No. 449’s authorization for provincial boards.

Core substantive rule: higher per diem authorization

  • Act No. 449 authorizes provincial boards to make contracts for feeding prisoners at a rate exceeding twenty cents, local currency, per diem, for each prisoner.
  • Section 1 provides that this authorization applies retroactively to prior prisoner-feeding contracts made before Act No. 449.
  • The retroactive effect is for contracts “entered into” by provincial authorities before Act No. 449 was passed.

Procedure and expedited enactment

  • Section 2 declares that the public good requires speedy enactment.
  • Section 2 orders expedited passage in accordance with section two of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen hundred.

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