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(one moiety whereof shall be paid to the person who sueth for the same, and the other moiety to the use of Her Majesty), to be recovered in any court of
competent jurisdiction. 18. The right of an author of a literary, scientific, or artistic work to obtain a copyright, and the copyright when obtained shall be assignable by law, either as to the whole interest or any part thereof, by an instrument in writing made in duplicate, and to be recorded in the office of the Minister of Agriculture, on production of both duplicates and payment of the fee herein-after provided. One of the duplicates shall be retained in the office of the Minister of Agriculture, and the other returned, with the certificate of registration, to the party depositing it.
19. In case of any person making application to register as his own the copyright of a literary, scientific, or artistic work already registered in another person's name, or in case of simultaneous conflicting applications, or of an application made by any person other than the person entered as proprietor of a registered copyright, to cancel the said copyright, the party so applying shall be notified that the question is to be settled before a court of competent jurisdiction, and no further proceedings shall be had concerning the subject before a judgment is produced, maintaining, cancelling, or otherwise settling the matter; and this registration, or cancellation, or adjustment of the said right shall then be made by the Minister of Agriculture in accordance with such decision.
20. Clerical errors happening in the framing or copying of any instrument drawn in the office of the Minister of Agriculture shall not be construed as invalidating the same, but when discovered they may be corrected under the authority of the Minister of Agriculture.
21. All copies or extracts certified from the officer of the Minister of Agriculture shall be received in evidence without further proof, and without production of the originals.
22. Should a work copyrighted in Canada become out of print, a complaint may be lodged by any person with the Minister of Agriculture, who, on the fact being ascer. tained to his satisfaction, shall notify the copyright owner of the complaint and of the fact ; and if, within a reasonable time, no remedy is applied by such owner, the Minister of Agriculture may grant a license to any person to publish a new edition or to import the work, specifying the number of copies, and the royalty to be paid on each to the copyright owner.
23. The application for the registration of an interim copyright, of a temporary copyright, and of a copyright may be made in the name of the author or of his legal representative by any person purporting to be the agent of the said author, and any fraudulent assumption of such authority shall be a misdemeanor, and shall be punished by fine and imprisonment accordingly; and any damage caused by a fraudulent or an erroneous assumption of such authority shall be recoverable before any court of competent jurisdiction.
24. If any person shall wilfully make or cause to be made any false entry in the registry books of the Minister of Agriculture, or shall wilfully produce or cause to be tendered in evidence any paper falsely purporting to be a copy of an entry in the said books, he shall be guilty of a misdemeanor, and shall be punished accordingly.
25. If a book be published anonymously it shall be sufficient to enter it in the name of the first publisher thereof, either on behalf of the unnamed author or on behalf of such first publisher, as the case may be.
26. It shall not be requisite to deliver any printed copy of the second or of any subsequent edition of any book or books unless the same shall contain very important alterations or additions.
27. No act or prosecution for the recovery of any penalty under this Act shall be commenced more than two years after the cause of action arose.
The following fees shall be payable to the Minister of Agriculture before an application for any of the purposes herein-after mentioned shall be entertained; that
is to say,
On registering a copyright
1 00 On registering an interim copyright
0 50 On registering a temporary copyright
0 50 On recording an assignment
1 00 On certified copy of registration
0 50 On registering any decision of a court of justice, for every folio 0 50 On office copies of documents not above mentioned, the following charges shall be made :
For every single or first folio certified copy
under fifty being not counted, and over fifty being counted
- 0 25
Minister of Agriculture, or by any person employed by him in pursuance
of this Act.
form part of the Consolidated Revenue Fund of Canada. No fees shall be
by this Act, once paid, shall be returned to the person who paid it.
29. All copyrights heretofore acquired under the Acts or parts of Acts repealed shall, in respect of the unexpired terms thereof, continue unimpaired, and shall have the same force and effect as regards the province or provinces to which they now extend, and shall be assignable and renewable, and all penalties and forfeitures incurred and to be incurred under the same may be sued for and enforced, and all prosecutions commenced before the passing of this Act for any such penalties or forfeitures already incurred may be continued and completed as if such Acts were not repealed.
30. In citing this Act it shall be sufficient to call it the Copyright Act of 1875.
CHAPTER 54. An Act to amend the Qualification required by Persons acting as Justices of the Peace.
[2nd August 1875.] WHEREAS an Act was passed in the eighteenth year of His late Majesty
King George the Second, intituled “An Act to amend and render more “ effectual an Act passed in the fifth year of His present Majesty's reign, “ intituled 'An Act for the further Qualification of Justices of the Peace,' ” and it is expedient to amend the same:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. NOTWITHSTANDING the said Act or anything therein contained, every Qualification
for a justice of person of full age and who has during the two years immediately preceding his appointment been the occupier of a dwelling-house assessed to the
inhabited house duty at the value of not less than one hundred pounds within any county, riding, or division, in England or Wales, and shall during that time have been rated to all rates and taxes in respect of the said premises, and who is otherwise eligible, shall be deemed to be qualified to be appointed a justice of the peace for such county, riding, or division.
Provided always, that no justice appointed in respect of the qualification in this section mentioned shall continue to act as a justice of the peace for any county, riding, or division, after he shall have ceased for twelve calendar months to have within such county, riding, or division such qualification.
2. The enactments concerning the description of property qualification and other provisions and penalties having reference to the qualifications now required by law shall be applicable with reference to the qualifications required by this Act.
As to enactments respecting qualification.
Extent of Act.
CHAPTER 55. An Act for consolidating and amending the Acts relating to Public Health in England.
[11th August 1875.) BE E it enacted by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
2. THIS Act shall not extend to Scotland or Ireland, nor (save as by this Act is expressly provided) to the metropolis.
3. This Act is divided into parts, as follows:
4. In this Act, if not inconsistent with the context, the following words
session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled “An Act to provide for the
Regulation of Municipal Corporations in England and Wales," and any Act amending the same:
“The metropolis” means the city of London and all parishes and places
mentioned in Schedules A, B, and C to the Metropolis Management 18 & 19 Viot
Act, 1855: “ Local Government District " means any area subject to the jurisdiction of
a local board constituted in pursuance of the Local Government Acts before the passing of this Act, or in pursuance of this Act, and "local
“ board” means any board so constituted : Improvement Act district” means any area for the time being subject to
the jurisdiction of any improvement commissioners as herein-after
defined : " Improvement Commissioners" means any commissioners trustees or other
persons invested by any local Act with powers of town government
and rating: “Parish” means a place for which a separate poor rate is or can be made,
or for which a separate overseer is or can be appointed: Union" means a union of parishes incorporated or united for the relief or
maintenance of the poor under any public or local Act of Parliament, and includes any parish subject to the jurisdiction of a separate board
of guardians : “Guardians” means any persons or body of persons by whom the relief of
the poor is administered in any union : “Person” includes any body of persons, whether corporate or unincorporate : “Local authority” means urban sanitary authority and rural sanitary
authority: "Surveyor” includes any person appointed by a rural authority to perform
any of the duties of surveyor under this Act : “ Lands” and “ Premises ” include messuages buildings lands easements and
hereditaments of any tenure : "Owner” means the person for the time being receiving the rackrent of the
lands or premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at
a rack rent: Rackrent” means rent which is not less than two thirds of the full net
annual value of the property out of which the rent arises; and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant's rates and taxes, and tithe commutation rentcharge (if any), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necersary to inaintain
the same in a state to command such rent: “Street” includes any highway (not being a turnpike road), and any public
bridge (not being a county bridge), and any road lane footway square
court alley or passage whether a thoroughfare or not: “House” includes schools, also factories and other buildings in which
persons are employed. “ Drain” means any drain of and used for the drainage of one building
only, or premises within the same cartilage, and made merely for the
purpose of communicating therefrom with a csapool or other like VOL XVI.
receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is
conveyed : “Sewer” includes sewers and drains of every 'description, except drains
to which the word “ drain ” interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the
management of roads and not being a local authority under this Act : “Slaughter-house” includes the buildings and places commonly called
slaughter-houses and knackers yards, and any building or place used
for slaughtering cattle horses or animals of any description for sale: “ Water company" means any persons or body of persons corporate or
unincorporate supplying or who may hereafter supply water for his or
their own profit : “Waterworks” includes streams springs wells pumps reservoirs cisterns
tanks aqueducts cuts sluices mains pipes culverts engines and all machinery lands buildings and things for supplying or used for
supplying water, also the stock in trade of any water company : “ Bakehouse Regulation Act” means 26 & 27 Vict. c. 40. (Bakehouse
Regulation Act, 1863): “Artizans and Labourers Dwellings Act” means 31 & 32 Vict. c. 130.
(Artizans and Labourers Dwellings Act, 1868) : “Baths and Wash-houses Acts” means 9 & 10 Vict. c. 74. (An Act to
encourage the establishment of Public Baths and Wash-houses) ; 10 & 11 Vict. c. 61. (An Act to amend the Act for the establishment
of Public Baths and Wash-houses): Labouring Classes Lodging Houses Acts” means 14 & 15 Vict. c. 34.
(Labouring Classes Lodging Houses Act, 1851); 29 & 30 Vict. c. 28. (Labouring Classes Dwelling Houses Act, 1866); 30 & 31 Vict. c. 28.
(Labouring Classes Dwelling Houses Act, 1867) : Sanitary Acts” means all the above-mentioned Acts and the Acts
mentioned in Part I. of Schedule V. to this Act: Sanitary purposes
s” means any object or purposes of the Sanitary Acts : “Court of quarter sessions” means the court of general or quarter sessions
of the peace having jurisdiction over the whole or any part of the district or place in which the matter requiring the cognizance of general
or quarter sessions arises : “Court of summary jurisdiction ” means any justice or justices of the peace,
stipendiary or other magistrate or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any
Acts therein referred to : “Summary Jurisdiction Acts” means the Act of the session of the eleventh
and twelfth years of the reign of Her present Majesty, chapter fortythree, intituled “An Act to facilitate the performance of the duties of “ Justices of the Peace out of sessions within England and Wales, with “ respect to summary convictions and orders,” and any Act amending the same.