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the same will be considered, which time shall not he sooner than sixty days after publication of the notice; the Lieutenant-Governor in Council shall appoint three fit and proper persons, who shall constitute a Board, to hear and decide upon such application; they shall meet at the time and place appointed, and shall hear any person

who may appear to show cause why such extension should not be granted; the patentee shall furnish to the Board a statement in writing, under oath, of the ascertained value of his invention, and of its receipts and expenditures, sufficiently in detail to ascertain the amount of profit or loss from the same.

NEW BRUNSWICK.

Lieutenant-Governor, No. 6. January 28, 1854.

XXVII. If, upon the hearing, it shall appear to Proceedings in order to obtain that

the satisfaction of the Board, having due regard to the public interest, that the term of a Patent should be extended, by reason of the patentee, without default or neglect on his part, having failed to obtain from the sale of his invention a reasonable remune- ration for the time, ingenuity, and expense bestowed upon the same, and its introduction into use, they shall certify the same to the Lieutenant-Governor, who shall thereupon direct the Provincial Secretary to endorse upon the Letters-Patent a certificate that the same has been extended for a further term of seven years from and after the expiration of the original term; the certificate of the Board to the Lieutenant-Governor, and his order thereupon for an extension of the term of the Patent, with a copy of the certificate endorsed on the Patent, shall be recorded in the Provincial Secretary's office, and thereupon the said Patent shall have the same legal effect as if the additional term so added had been included in the term originally granted; and the benefit of such extension of term shall extend to all grantees and assignees of the original patentee to the extent of their respective interests in the Patent: Provided always, that no extension of a Patent shall be granted after the expiration of the term for which it was originally granted.

extension.

XXVIII. If any person shall affix to anything Penalties made, used, or sold by him, the name or imitation

of, or a fraudulent similarity to, the name of any other

person who shall have obtained Letters-Patent for the sole making or vending of such thing, with-

for falsely marking patented articles, or vending unpatented articles as being patent.

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 1854.

Date of Patent to be affixed to each

patented article.

Special pleas prohibited; special matter may be given in evidence under general issue: provisions

as to corts.

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35 64

out consent of the patentee or his legal representa- tives, or shall affix the words ** Patent," Patentee," or "Letters-Patent," or other words of the same meaning or import, on any unpatented article, for the purpose of deceiving the public, the person so offending shall be liable for each offence to a penalty

of twenty-five pounds with costs, to be recovered by action in the Supreme Court of this province, one- half of such penalty, when recovered, to be paid into the Provincia! Treasury, and the other half to

who shall sue for the same. party

the

XXIX. Patentees and their representatives are hereby required to stamp or affix on each patented article offered for sale, or on the vessel or package containing the same, the date of the Patent; and every party offending shall for each offence be liable to a penalty of five pounds, to be recovered and applied as provided in the preceding section.

XXX. In actions brought under this Act no special plea shall be allowed, but every defendant may plead the general issue, and give this Act in evidence, and also any special matter of which he shall have given notice in writing at the time of delivering the general issue; and whenever a defen- dant relies on a previous invention, knowledge, or use of the thing patented, he shall state in his notice of special matter to be given in evidence the names and places of residence of those by whom he intends to prove the same; and if a verdict and judgment shall pass for the defendant, the Patent under which the plaintiff claims shall thenceforth be void and of no effect; and whenever a plaintiff fails to sustain his action on the ground that in his specification or claim for a Patent is embraced more than that of which he is the first inventor, and it shall appear that the defendant had used any part of the inven- tion justly and truly specified and claimed as new, the Court may make such order as to costs as shall be just and equitable, but no action shall be sus- tained for an offence committed under the provisions

of this Act unless the same shall be commenced within six months next after the knowledge of the offence committed.

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XXXI. Quakers may affirm in all cases where an oath is required by this Act; and all oaths or affir- mations under this Act, unless otherwise provided,

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 1834.

oath or affirmation may be taken.

may be taken in this province before a Judge of the Quakers may affirm. Before whom Supreme Court, or a Commissioner for taking affidavits in the same; or in Great Britain or Ire- land, before the mayor of a city or borough, the depositions being certified under the Corporate seal; or in a foreign country, before a British Con- sul or Vice-Consul, and certified by his seal of office.

annexed.

XXXII. The fees to be demanded and received Fees established as in Schedule under this Act shall be as stated in the Schedule annexed.

XXXIII. All Letters-Patent under this Act shall become utterly null and void, it within three years after the granting thereof the patentee shall not establish in this province the manufacture of, or, in case the materials for manufacturing the same are not here to be had, introduce into this province, the article, improvement, or composition for which the same were issued.

Letters-Patent null and void if

manufacture not established, nor article introduced, within three years.

XXXIV. Throughout this Act, wheresoever Interpretation clause. words are used importing the singular number or the masculine gender only, yet they may be under- stood to include several matters as well as one matter, and several persons as well as one person, and females as well as males; and wheresoever words are used denoting the plural number, yet they may be understood to apply to one matter as well as more than one, and to one person as well as more than one, unless it be otherwise provided, or there be something in the subject or context repug- nant to such construction; and the word " Patent" shall be deemed synonymous with the words" Letters- Patent."

XXXV. An Act passed in the fourth year of the 4 Wm. IV, c. 27.

reign of His late Majesty William the Fourth, inti-

tuled "An Act for granting Patents for useful

L+

#

Inventions;" also an Act passed in the sixth year

of the reign of Her present Majesty, intituled "An 6 Vict., c, 34.

Act to amend an Act for granting Patents for

useful inventions:" also an Act made and passed

NEW BRUNSWICK.

Lieutenant-Governor, No. 6. January 28.-1854.

14 Vict., c. 35, repealed.

Table of Fees.

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in the fourteenth year of the reign of Her present Majesty, intituled "An Act in further amendment "of an Act, intituled An Act for granting Patents "for useful inventions,' " and all other Acts and parts of Acts repugnant to this Act, shall be and the same are hereby repealed, so far as relates to all patents that shall be granted after the passing of this Act.

Schedule. Table of Fees.

£ s. d.

4

5 7

50 0 0

If a British subject, whether original inventor or assignee of an invention in the province, or of any Letters- Patent from abroad, in full for ob- taining Letters-Patent, exclusive of recording assignment

If a foreigner, whether original inventor

or assignee

Fee on entering a caveat

Fee to be paid by applicant under Sec-

tion XIV of this Act; surplus, if any, remaining after paying compen- sation fees and expenses, to be re- turned to applicant

Ditto under Section XV

5 0 0

Ditto under Section XVII

Ditto under Section XXVI..

Fee for adding to a Patent specifications

of a subsequent improvement

On surrender of old Patent to be re- issued, for correcting mistake of the patentee

On application for a design..

For a disclaimer

For copies of Patents, or any other paper on file (not including drawings) for each 100 words

For recording all assignments, powers of attorney, licenses or other papers,

which shall not contain over 300 words

And for every additional 100 words Copies of drawings and models to be

matter of agreement.

H

25 0 0

20 0 0

20 0 0

20 0 0

4 0 0

4 0 0

3 0 0

3 0 0

0 2 0

2-

OO

0 2 0

0 1 0