the possession of any lands, deeds or personal property whereto Her Majesty claims to be entitled. Attorney 19. In any action, suit or proceeding commenced under Defendant the provisions of the next preceding section, the defendant may compel shall be entitled to require Her Majesty's said Attorney General General to to declare, reply or otherwise answer the last pleading of the proceed. defendant, and to proceed to trial in the same manner, and within the same times as may be limited as between subject and subject, and may in the event of default, by leave of the court or a judge, sign judgment of non pros. 20. In citing this Act in any instrument, document or Short title. proceeding, it shall be sufficient to use the expression "The Petition of Right Act, Canada, 1875." 21. Nothing in this Act contained shall, 1. Prejudice or limit otherwise than is herein provided the rights, privileges or prerogatives of Her Majesty or Her Successors, or Act not to affect prero gatives. 2. Apply to any claim, matter or thing which, under the Nor apply to provisions of an Act passed in the thirty-first year of Her Public Works. Majesty's reign, and intituled "An Act respecting the Public Works of Cunada," or under any Acts amending or extending the same, may be referred by the Minister of Public Works to arbitration; and no Court shall have jurisdiction under this Act, in any such claim, matter or thing as last aforesaid,-or 3. Prevent any suppliant from proceeding as before the Or prevent passing of this Act. proceedingas heretofore. Conclusion. Your suppliant therefore humbly prays that, &c. Dated the day of No. II. The suppliant prays for a plea or answer on behalf of Her Majesty, within twenty-eight days after the date hereof, or otherwise that the petition may be taken as confessed. To A. B.: No. III. You are hereby required to appear to the within petition. in Her Majesty's Court of within eight days, and to plead or answer thereto within fourteen days after the date hereof. Take notice, that if you fail to appear or plead or answer in due time, the said petition may, as against you, be ordered to be taken as confessed. Dated the day of A. D. If the appearance be in person, the address of the party appearing is to be given. To the Honorable the Minister of Finance: Petition of Right of A. B. in Her Majesty's Court of adjudged (or decreed or ordered) that the above named suppliant was entitled to, &c. (Judge's signature.) CHAP CHAP. 13. An Act respecting defective Letters Patent and the discharge of Securities to the Crown. HER [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: of certain celled and stead. 1. Whenever letters patent under the Great Seal of Defective letCanada, other than such as grant lands, or instruments ters patent under the Privy Seal of the Governor General or person ad- kinds, may ministering the Government of Canada, have been issued to be canor in the name of the wrong party, or contain any clerical correct ones error or misnomer or wrong description of any material fact issued in their therein, the Secretary of State of Canada, when authorized Their effect. by Order in Council may direct the defective letters patent or instruments to be cancelled, and a minute of such cancellation to be entered in the margin of the registry of the original letters patent or other instruments, and correct letters patent under the Great Seal or instruments under the Privy Seal as aforesaid to be issued in their stead, which said new letters patent or instruments shall relate back to the date of those so cancelled. the 2. Whenever the lien created by any mortgage or other How securiinstrument on any real or personal property to Her Majesty ties ton may be shall have been satisfied, the Governor General may, by discharged. Order in Council, declare that the same has been satisfied and discharged; and a copy of such Order in Council, certified by the Clerk of the Queen's Privy Council for Canada, shall operate as a release and discharge of any claim of Her Majesty, her Successors or assigns, in respect of the same. CHAP. 14. An Act still further to amend "The Patent Act of 1872," and to extend the same, as amended, to Prince Edward Island. [Assented to 8th April, 1875.] HER ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: Addition to 1. The following words are hereby added to section sect. 19, of 35 nineteen of " The Patent Act of 1872" after the word "patent V., c. 26. in the last line thereof, that is to say, "and the Commissioner "may entertain separate applications and cause "patents to be issued for distinct and separate parts of the 'thing patented (upon payment of the fee for a re-issue for "each of such re-issued patents.)" New sub-sect. substituted for sub-sect. of sect. 28, of 35 V., c. 26. Commis sioner may extend the term for 2. The sub-section of section twenty-eight of " The Patent Act of 1872" is hereby repealed, and the following sub-section is hereby substituted therefor, and shall be read as the subsection of the twenty-eighth section of the said Act : "2. Whenever a patentee has been unable to carry on the construction or manufacture of his invention within the two years herein before mentioned, the Commissioner may at any manufacture time not more than three months before the expiration of that period grant to the patentee a further delay on his adducing proof to the satisfaction of the Commissioner that he was for reasons beyond his control prevented from complying with the above-mentioned condition." in Canada, and when. Sect. 49, of 35 V., c. 26 repealed and 3. The forty-ninth section of "The Patent Act of 1872" is hereby repealed, and the following section is hereby subnew sect. sub- stituted therefor, and shall be read as the forty-ninth section of the said Act: stituted. Patented articles and packages containing patented articles, to be marked as such. Penalty for default. Provisions of and its amending Acts and "49. Every patentee under this Act, shall stamp or engrave on each patented article sold or offered for sale by him the year of the date of patent applying to such article, thus:- Patented 1872," or as the case may be; or when from the nature of the article this cannot be done, by fixing to it, or to every package wherein one or more of such articles is or are enclosed, a label marked with a like notice; and any such patentee selling or offering for sale any such patented article not so marked, or not enclosed in a package so marked shall be liable to the punishment of a fine not to exceed one hundred dollars, and, in default of the payment of such fine, to imprisonment not to exceed two months." 4. From and after the passing of this Act all and every 35 c. 26, the provisions of " The Patent Act of 1872," as amended by this Act, and of the Acts amending the same, shall have the same force and effect in Prince Edward Island as the same then respectively have in the other Provinces forming this Dominion; and every patent theretofore issued under the said Acts or any of them shall extend over the said Province for the remainder of the term mentioned therein. patents issued under them extended to Prince Edward Island. Inconsistent enactments of 5. The following Acts of the General Assembly of Prince Acts of Gene Edward Island are hereby repealed, that is to say: The Act passed of Prince pealed. c. 19. passed in the seventh year of the reign of His late Majesty eral Assembly King William the Fourth, chapter twenty-one, intituled “An Edward Act for granting Patents for useful Inventions;" the Act passed Island rein the thirty-second year of Her Majesty's reign, chapter w. 4, c. 21, twenty, intituled "An Act to add to and amend the Act relating 32 V.. c. 20, to Patents for useful Inventions;" and the Act passed in the and 33 V., thirty-third year of Her Majesty's reign, chapter nineteen, intituled "An Act to amend the Act relating to Patents for useful Inventions," but in so far only as such Acts, or any of them, may be inconsistent with this Act, or make any provision in any matter provided for by this Act, except only as respects all rights acquired and penalties or liabilities incurred under the said Acts or any of them, before the coming into force of this Act, as to which the said Acts shall remain in force; and nothing in this Act contained shall affect any suit pending in any court of law or equity at the time of the coming into force of this Act. PATENTS ISSUED UNDER FORMER LAWS. Patents to force. 6. All patents issued under the said Acts of the General Existing ProAssembly of Prince Edward Island, or any of them, to the vincial date of the passing of this Act shall remain in force in the remain in said Province for the same term as if the Act or Acts under which such patents respectively were issued had not been repealed, but subject to all the provisions of this Act, in so far as such provisions, or any of them, may be applicable to such patents respectively: Provincial 2. And it shall be lawful for the Commissioner, upon the Extension of application of the patentee named in any such patent, being Patents prothe inventor of the subject matter of the patent, if the subject vided for. matter of the patent has not been known or used, nor with the consent of the patentee on sale, in any of the other Provinces of the Dominion, to issue, on payment of the proper fees in that behalf, a patent under this Act extending such Provincial patent over the whole of the Dominion, for the remainder of the term mentioned in the Provincial. patent. of Prince 7. All the records of the Patent Office of the Province of Records of Prince Edward Island shall be handed over by the officers in Patent Office charge of them to the Commissioner of Patents of Invention, Edward to form part of the records of the Patent Office for the pur- Island to be poses of the Act hereby amended and of the Acts amending to commisthe same and of this Act. handed over sioner. ment of 8. Any person desiring to impeach any patent issued Proceedings under "The Patent Act of 1872," as amended by subsequent for impeachActs and by this Act,-the petitioner for which has elected his patents. domicile at any place in Prince Edward Island,-may obtain a sealed and certified copy of the patent and of the petition, affidavit, |