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Conclusion.

Your suppliant therefore humbly prays that, &c.

Dated the

day of

No. II.

A. D. (Signed)

A. B

or C. D., Counsel for A. B., or E. F., Attorney for A. B.

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.

No. III.

To A. B. :

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.

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Petition of Right.

A. B., Suppliant,

vs.

the Queen.

C. D. appears in person or
E. F., Attorney for C. D., appears
for him.

If the appearance be in person, the address of the party appearing is to be given.

[blocks in formation]

To the Honorable the Minister of Finance:

Petition of Right of A. B. in Her Majesty's Court of

[blocks in formation]

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.

ties to the

2. Whenever the lien created by any mortgage or other How securiinstrument on any real or personal property to Her Majesty Crown 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.]

HE

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 (6 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.

2. The sub-section of section twenty-eight of “ The Patent Act of 1872" is hereby repealed, and the following sub-section of sect. 28, of is hereby substituted therefor, and shall be read as the subsection of the twenty-eighth section of the said Act :—

35 V., c. 26.

Commis

sioner may extend the term for

"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 Fatent 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.

"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 Penalty for 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."

default.

Provisions of 35 V., c. 26,

and its

amending

Acts and

4. From and after the passing of this Act all and every the provisions of "The Patent Act of 1872," as amended by this Act, and of the Acts amending the same, shall have the patents issued 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.

under them

extended to Prince Edward

Island.

Inconsistent

5. The following Acts of the General Assembly of Prince Acts of Gen- 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

6. All patents issued under the said Acts of the General Existing ProAssembly of Prince Edward Island, or any of them, to the pincial 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 force. 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,

Act to be one

Acts.

The

affidavit, specification, and drawings thereunto relating, and
may have the same filed in the office of the Clerk of the
Supreme Court of Judicature in that Province, which court
shall adjudicate on the matter and decide as to costs.
patent and documents aforesaid shall then be held as of
record in such court, so that a writ of scire facias under the
seal of the court grounded upon such record may issue for
the repeal of the patent, for cause as aforesaid, if upon pro-
ceedings had upon the writ in accordance with the meaning
of this Act, the patent be adjudged to be void

9. This Act shall be read and construed as one Act with with former the Act hereby amended, and the two Acts amending the same; and the said four Acts may be cited together as "The Patent Acts, 1872 to 1875."

Short title.

Preamble.

Interpretation.

Additional

duty to that imposed by 35 V., c. 28.

Maximum

amount of duty.

To be paid

on entry, and what the entry must shew.

CHAP. 15.

An Act to amend "The Immigration Act of 1872."

HE

[Assented to 8th April, 1875.]

ER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. In this Act the word "Ship" includes every description of vessel used in navigation not propelled by oars.

2. There shall be raised, levied and collected a duty payable in the manner hereinafter prescribed by the master of every ship arriving in any port in Canada from any port in Europe with passengers or emigrants therefrom at any time when this Act is in force as hereinafter provided, in addition to any duty payable by the master of such ship, under the provisions of the first section of" The Immigration Act of 1872;" And such duty shall be such sum not exceeding two dollars for every passenger or immigrant above the age of one year to be landed in Canada, as may have been specified in the proclamation giving effect to this Act, in force for the time being in the Province in which such port is situate.

3. The said duty shall be paid by the master of the ship, or by some person on his behalf, to the Collector of Customs at the port in Canada at which such vessel is first entered, and at the time of making such first entry, which shall contain on the face of it the number of passengers actually

embarked

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