CO885(1-2) — Page 492

PUBLIC RECORD OFFICE

TTTI

C.O.

Reference —

885

2PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

14

pounds currency in amount, and the imprisonment do not exceed three months in duration.

XVI. And be it enacted, that from the passing of this Act all patentees and assignees of Patents here- after to be granted, shall stump, engrave, or canse to be stamped or engraved, on each article vended

or offered for sale, the date of the Patent thereof;

CANADA.

Governor, No. 122. August 25, 1856.

Patentees to stamp, &c., the date

of Patent, on the articles,

and any persons patented or assigned neglecting so Penalty for contravention.

to do shall be deemed to have committed a misde-

meanor, and shall be liable therefor to the same penal-

ties as are provided in the next preceding section.

Provisions with respect to the

repeal of Letters-Patent under the above-mentioned Acts.

XVII. And whereas it is necessary that a similar Recital. and convenient remedy should be had for the said Province in general, for the repeal of Letters-Patent issued under the authority of the said Acts or of this Act, and fraudulently or surreptitiously obtained, issued improvidently, or upon false succession: Be it therefore enacted, that from and after the passing of this Act it shall and may be lawful for any persons desirous to impeach such Lett. rs-Patent for any such cause as aforesaid, to obtain an exemplification under the great seal of this Province of such Patent, and of the petition or application of the petitioner therefor, or patentee thereof, or his assigns, exccu- tor, administrator, or legal representative as afore. said, and of the drawings and specifications afore- said, and to have the same filed in the office of the clerk of the Superior Court for such section of the said Province, as the case may be, in which such repeal shall be sought, and thereupon the Letters- Patent, the petition and application, drawing and specification aforesaid, so exemplified, shall be con- sidered and held by the said Court as remaining of record in the said Court, so that a writ of scire fucias, under the seal of the said Court, may issue, grounded upon the said record, for the purpose of repealing the same for legal cause as aforesaid, if upon the proceedings which shall be had upon the said writ of scire facias, according to the law and practice of the Court of Queen's Bench in England aforesaid, and under the provisions of the said Acts and of this Act, the said Letters-Patent so sought to be repealed, shall be adjudged and declared void; and a certificate of the said judgment shall, at the

CANADA.

Governor, No. 122. August 25, 1866.

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request of any person or party, be entered upon the margin of the enrolment of such Patent, in the office of the Secretary and Registrar of this Province, whereupon the said Patents shall be considered to be cancelled and made void from the entry thereof; Proviso: Seire furias not to issue Provided always, that no such scire facias shall issue, or proceedings thercou be had, unless the same writ shall issue and be returned into the said Court in a term of the said Court within two years after the grant of the said Letters-Patent, or in the term or session of the said Court next after the said

two years,

and not afterwards.

after a certain time from date of Patent.

l'atents to extend throughout

Canada.

the British dominions.

XVIII. And be it enacted, that all Patents here- after to be granted under the provisions of the said Acts, or of this Act, shall extend and be privileged throughout the said Province of Canada; any law or statute in force in either section of the said

Proviso: Art not to prevent the Province to the contrary notwithstanding: Provideď

importation, &c., of articles invented in the United States or always, that nothing herein contained shall extend to inventions or discoveries of any new or useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, or the principle thereof, made, discovered, or used in the United States of America, or in any part of Her Majesty's dominions in America, or be con- strued to prevent the free importation thereof into this Province, for sale by any person or persons, or for their use or otherwise, from the United States, or Her Majesty's said dominions.

Inconsistent provisions of above-

mentioned Acts repealed.

Proviso.

XIX. And be it enacted, that all and every of the provisions in the said recited Acts, inconsistent or at variance with the provisions of this Act, shall be and are hereby repealed: Provided that nothing in this Act contained shall have the effect of reviving or giving effect to any Act or Acts repealed by the said Act first recited of the heretofore Province of Lower Canada, but the same shall remain and continue repealed: Provided that all actions and proceedings in law or equity sued out in other sections of the Province, prior to this Act coming into force and effect, shall and may be prosecuted

to final judgment and execution as if this Act had not been passed, and that all applications or peti- tions for Patents pending at the time of this Act