Preamble. Local Police Force may be enrolled. Proviso. Members of Local Police Force to be constables, &c. Allowance to Mem bers of local Police &c. CAP. LXXVII. An Act to authorize the employment of Military Pensioners and others as a Local WHE [30th August, 1851. ] WHEREAS it is expedient that there should be in different parts of this Province, an organized Police Force which may, when occasion requires, be called upon to assist in the preservation of the Peace: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to _re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That any of the Military or Naval Pensioners who, under the Acts of the Parliament of the United Kingdom in force in that behalf, shall be enrolled as a local force for the preservation of the Peace in any part of this Province, and who shall volunteer to serve also as Members of a Local Police Force, or any other person volunteering to serve as aforesaid, and found duly qualified for such service, may be enrolled to be so employed when required, under such regulations, superintendence and control as the Governor in Council shall think proper: Provided the number of men so enrolled at any one time shall not exceed five hundred. II. And be it enacted, That the Pensioners and others so enrolled as aforesaid, shall be and are hereby declared to be respectively Constables and Peace Officers for any locality in which they shall for the time being be employed, and shall have all the powers and authority, and perform all the duties of such office, except in so far as it may be herein otherwise provided, and may be sworn as such by any Magistrate for the place where they are respectively enrolled. III. And be it enacted, That the said Pensioners or other persons, when actually Forc ewhen on duty, employed as Constables and Members of such Police Force as aforesaid, shall be entitled to receive, out of Provincial or Local Funds, the same pay and advantages as are allowed to the said Pensioners by Her Majesty's Regulations in that behalf, when called out as Military Pensioners to act in aid of the Civil Power; but no such person enrolled under this Act shall be liable to be called upon to act as a Constable or Member of such Police Force for less than four days at any one time, except by his own consent; and no such Military or Naval Pensioners as aforesaid shall be liable to serve as a Member of the said Police Force at any time when his services shall be required in any other capacity by the Imperial or Military Authorities. Members of Local ed from certain offices, &c. IV. And be it enacted, That the Pensioners and other persons enrolled as Members Police Force exempt of such Police Force as aforesaid, shall, while so enrolled, be exempt from serving as Constables (except when acting as Members of the said Police Force,) or as Jurors, or in any Municipal Office, or in the Militia, and also from Statute Labour or any. capitation tax in lieu thereof, and from arrest for debt for any sum under Thirty Pounds; and any such Pensioners, while so enrolled, shall be exempt from taxes on any property of which the occupation may be allowed them by the Imperial or Military Authorities, and of which the title shall remain in the Crown; but they shall have no right to vote at any election, whether Municipal or for a Member of the Provincial Parliament, upon any such property. Superintendent may be a Justice of the Peace. V. And be it enacted, That it shall be lawful for the Governor, if he shall deem it expedient, to appoint the Superintendent or Chief of the Police Force in any locality, to be a Justice of the Peace for such portion of this Province as the Governor shall think fit, and any such Superintendent, or Chief of the Police Force may act as such Justice of the Peace, although he may not have the qualification in property required in Justices of the Peace generally. Free Grants of Public Local Police Force. VI. And be it enacted, That a free grant of fifty acres of the public lands shall, on condition of actual settlement thereon in the manner and within the time usual in cases of free grants, be made to each such Pensioner or other person who shall have been enrolled in such Police Force during five years, and shall after such service receive a certificate of good conduct, and of his having faithfully performed his duty as a Member of such Police Force whenever called upon to act as such, from his Commanding Officer or the Superintendent or Chief of such Police Force under whom he shall have served, and countersigned by the Provincial Secretary; such grant to avail to the children or legal representatives of any such Pensioner or person who may die before receiving the Letters Patent therefor, on condition of their performing or completing the duties of actual settlement to which such Pensioner or person was bound: And any thing in the Act passed in the Session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act for the disposal of Public Lands, 4 & 5 Vict. c. 100. to the contrary notwithstanding. VII. And be it enacted, That the Officer in command of the enrolled Pensioners in Canada, shall be ex offico a Justice of the Peace for every part of this Province, and that the Staff Officers of Pensioners shall be respectively Justices of the Peace for the locality in which they may be appointed to command the said Pensioners, and in any adjoining locality; and that each of the said Officers, and such of the said Pensioners as shall volunteer as aforesaid, shall be held to be Officers and Soldiers of Her Majesty's Army on actual service, and entitled to all the privileges and exemptions to which such Officers and Soldiers, when on actual service or on full pay, are by law entitled: Provided always, that no such Officer as aforesaid shall have any power to act as a Justice of the Peace when called out or acting with any such Pensioners in aid of the Civil Power. VIII. And whereas, under the Imperial Acts aforesaid, the Governor of this Province is empowered to issue his Warrant to the Mayor or other Chief Magistrate of any Town or District wherein such Pensioners as aforesaid may be enrolled, authorizing him in certain cases where the public peace may be endangered to call out the whole or such part of the enrolled Pensioners aforesaid, as he may consider necessary, in aid of the Civil Power: Be it enacted, That the Mayor of every City or incorporated Town in Upper or Lower Canada, the Warden of every County or Union of Counties in Upper Canada, and such Justice of the Peace as the Governor may from time to time designate in every County in Lower Canada, shall be held to be the Chief Magistrate of such City, Town, County or Union of Counties for the purposes of the said Imperial Acts. Officers in command of Pensioners to be Justices. Proviso: they shall not act in certain cases. Who shall be deemed the Chief Magis trate" in certain cases. IX. And be it enacted, That this Act shall continue in force for five years from the Duration of Act. passing thereof, and from thence to the end of the next ensuing Session of Parliament. CAP. LXVIII. An Act to amend the Emigrant Act, by reducing the tax on Emigrants coming into this WH [ 30th August, 1851.] Preamble. THEREAS it is expedient to reduce the rate of duty imposed by the Act hereinafter mentioned, and otherwise to amend the said Act: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the rate or duty Rate or duty imposed imposed by the second section of the Act passed in the twelfth year of Her Majesty's by 12 Vict. c. 6 reReign, and intituled, An Act to repeal certain Acts therein mentioned, and to make further duced. To what purposes the moneys raised under the said Act may be applied. Commencement of this Act. Preamble. 12 Vict. c, 24. How a party holding a Patent for an invention extending only to one section of the Province, may obtain the extension thereof to the other section. further provision respecting Emigrants, shall be and is hereby reduced, so that the same shall be Five Shillings Currency for every Adult Passenger or Emigrant, and Three Shillings and Nine Pence Currency for every other Passenger or Emigrant between the ages of five and fifteen, who shall have embarked from any port in the United Kingdom under the sanction of Her Majesty's Government, ascertained as in the said Act provided; and Seven Shillings and Six Pence Currency for every Passenger or Emigrant who shall have embarked without such sanction; to which duties so reduced, all the provisions and enactments of the said Act shall apply as sfully as if such reduction had not been made. II. And be it declared and enacted, That it was and is the intention of the said Act, that the moneys raised under the authority thereof should be applied, under the authority of the Governor of this Province, as well in defraying the expenses of forwarding destitute Emigrants to their place of destination, and in otherwise aiding, relieving and providing for them, as in defraying the expenses af medical attendance and examination of destitute Emigrants on their arrival; and that it shall be lawful for the Governor in Council to apply any surplus which may now, or shall hereafter at any time, remain out of the said moneys, after defraying the expenses aforesaid, in aid of any charitable institution affording relief to destitute Emigrants and their children. III. And be it enacted, That the foregoing provisions of this Act shall have force and effect on the first day of November next, and not before. CAP. LXXIX. An Act to enable parties holding Patents for Inventions confined to one section of this Province, to obtain the extension of the same to the other section thereof, and for other purposes therein mentioned. WH [ 30th August, 1851. ] HEREAS it is expedient that parties holding Patents for the invention of any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on the same, issued under the Acts of Parliament of the respective Provinces of Upper or Lower Canada previous to the Union of the same, should be enabled to obtain the extension of the exclusive privileges granted by such Patents, to that section of the United Province not embraced within such Patents; and whereas by the eighteenth section of the Act of the Parliament of this Province, passed in the twelfth year of Her Majesty's Reign, chaptered twenty-four, and intituled, An Act to consolidate and amend the Laws of Patents for Inventions in this Province, it is provided that all Patents thereafter to be granted under the provisions of the said Acts or of that Act, should extend and be privileged throughout the said Province of Canada, but no effectual provision is made for the extension of privileges theretofore granted in either section of the Province to the other section thereof, as aforesaid: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That whenever any party holding a Patent for any such invention, issued under the authority of either of the Acts above mentioned, shall be desirous of obtaining the extension of the privileges thereby granted to the other section of this Province, it shall be lawful for the Governor of this Province, upon application made to him to that effect, and on the due proceedings being had, as directed by this Act, (except that no declaration of invention or discovery shall be required, but it shall be sufficient to allege that the applicant holds a Patent for the other section of the Province,) to issue Letters Patent to to such grantee, which shall be available in that section of the Province not embraced Proviso as to persons using the invention before such extension Act of L. C 6 Wil. 7 Geo. 4, chap. 5, re II. And whereas it is expedient to repeal the several Acts of Upper and Lower Canada respectively, relating to Letters Patent for Inventions, and to consolidate and re-enact as applicable to the whole Province, such of the provisions thereof as have been found useful, and as are not inconsistent with the Act cited in the preamble to this Act: Be it therefore enacted, That the Act of the Parliament of Lower Canada, passed in the sixth year of the Reign of King William the Fourth, and intituled, An Act to repeal certain Acts therein mentioned, and to consolidate the provisions therein made for the encouragement of useful Arts in this Province, and the Act of the Parliament of Upper Canada, passed in the seventh year of the Reign of King George the Third, and intituled, An Act to encourage the progress of useful Arts within this Province, shall be, and the said Acts are hereby repealed; but all Letters Patent lawfully Proviso. issued under either of them, shall remain in force and be of the same effect, as if the Act under which it was issued had not been repealed, but subject to the provisions of this Act and to those of the Act cited in the preamble of this Act. III. And be it enacted, That the Letters Patent to be hereafter granted under the What Letters Patent Act cited in the preamble to this Act, shall recite briefly the substance of the Petition shall contain, &c. upon which they are granted, and shall contain a short description of the invention or discovery for which they are granted, referring for a fuller description thereof, and for more ample details, to the specification, and shall grant to the Petitioner, his assigns and legal representatives, for the period of fourteen years from the granting of the same, the full and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention or discovery, and such Letters Patent shall, before the same are represented to the Governor for his signature, and before the Great Seal of the Province is thereunto affixed, be examined by Her Majesty's Attorney General or To be examined by Solicitor General for Upper or Lower Canada, who shall, if he shall find them the Law Officers of conformable to Law, certify accordingly, and the same shall then be presented to the Governor for his signature, and the Great Seal of the Province shall be thereunto affixed after they have been signed by him, and the same shall be good and available to the Grantee, after they shall have been recorded in a Book to be kept for that purpose in the office of the Provincial Secretary and Registrar, and shall, when so recorded, be delivered by the proper Officer to the Patentee or his order. IV. Provided always, and be it enacted, That any person who shall have discovered an improvement in any machine or composition of matter which shall have been patented, and shall have obtained a Patent for such improvement, shall not be at liberty to the Crown. As to inventions being improvements on pa tented inventions. Proviso. Inventor to make a solemn declaration that he believes himself to be the inven tor, and to file a spe&c. A model may be required. Patents to be assignable at law. Remedy for infringement of Patent, Patent to be void for fraud or wilful misdescription in the specification. How interfering ap plications for a patent shall be dealt with. to make, use or vend the original invention, but the improvement only; nor shall the first inventor be at liberty to use the improvement: And it is hereby enacted and declared, that simply changing the form or the proportion of any machine or composition in any degree, shall not be deemed a discovery. V. And be it enacted, That every Inventor, before he can receive a Patent, shall make a solemn declaration that he does verily believe that he is the true inventor or discoverer of the Art, Machine or Improvement for which he solicits a Patent, (which declaration may be made before any Justice of the Peace,) and shall deliver a written description or specification in duplicate of his Invention or Improvement, and of the manner or process of compounding the same, in such full, clear and exact terms as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound and use the same; and in the case of any machine, he shall fully explain the principle and the several modes in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions; and he shall accompany the whole with drawings and written references made in duplicate, where the nature of the case admits of drawings, or with specimens of the ingredients, or of the composition of matter, sufficient in quantity for the purpose of experiment; which description or specification, signed by himself, and attested by two witnesses, shall be filed in the office of the Secretary of the Province, and certified copies thereof shall be competent evidence in all Courts where any matter or thing touching Patent Right, shall come in question; and such inventor shall moreover deliver a model of the Machine by him invented, provided the Provincial Secretary shall deem such model to be necessary. VI. And be it declared and enacted, That every Patent, whether issued before or after the passing of this Act, is and shall be assignable at law, and that the fifth section of the Act cited in the preamble to this Act, does and shall apply, as well to Patents issued before, as after the passing of this Act. VII. And be it enacted, That if any person shall make or manufacture for sale, any article or composition so invented, or shall make or manufacture or make use of any instrument or machinery, so invented or specified, the exclusive right of which shall as aforesaid have been secured to any person by Patent, without the consent of the Patentee, his assigns or other lawful representatives, first obtained in writing, every person so infringing such Patent shall be liable to an action for the same, in which, besides such damages as shall be awarded by the Jury, the party injured shall also recover treble costs, to be taxed according to the course and practice of the Court in which the action shall have been brought. VIII. Provided always, and be it enacted, That if at the trial in any such action, it shall be made apparent, to the satisfaction of the Court, (the defendant having specially pleaded the same) that the specification filed by the Patentee does not contain the whole truth relative to the invention or discovery to which it refers, or that it contains more than is necessary to produce the described effect, (such concealment or addition fully appearing to have been made for the purpose of deceiving the public) or that the thing thus secured by Patent, was not originally discovered by the Patentee or party claiming to be the Inventor or Discoverer in the specification referred to in the Patent, but had been in use, or had been described in some public work, anterior to the supposed discovery of the Patentee, or that he had surreptitiously obtained a Patent for the invention or discovery of another person, in either of the said cases, judgment shall be rendered for the defendant, with costs, and the Patent shall be declared void. IX. And be it enacted, That in cases of interfering applications for any Patent, the for the same invention same shall be submitted to the arbitration of three skilled persons, one of whom shall be chosen by each of the applicants, and the third person shall be chosen by the Secretary of the Province, or by his Deputy or person appointed to perform the duty of that office; and the decision or award of such Arbitrators, or any two of them, delivered to the Secretary in writing, and subscribed by them, or any two of them, shall be final, as |