under other

26. All penalties, other than those referred to in the next Penalties preceding section, imposed by this Act, or by any Regulation sections, how made by the Governor in Council, under the provisions of this recovered. Act, and not exceeding eighty dollars in amount, shall be sued for by any Collector of Customs, or by any Immigration Agent, and recovered with costs on the oath of one credible witness other than the prosecutor, in a summary manner, before any two Justices of the Peace, and such Justices may commit the offender to the Common Gaol until such penalty and costs are paid; and all such penalties exceeding the sum of eighty dollars may be recovered by civil action by any such officer as aforesaid, on like evidence, in any Court of competent jurisdiction:

2. One moiety of every such penalty shall belong to Her Disposal of Majesty, Her Heirs and Successors, and shall be paid into the penalties. hands of the Receiver General to form part of the Consolidated Revenue Fund of Canada, and the other moiety shall belong to the prosecutor;

dollars, offence

3. But every offence against the provisions of this Act or any When penalty Regulation made under it, the penalty imposed for which by this exceeds forty Act or any such Regulation exceeds the sum of forty dollars, to be misdeshall be a misdemeanor punishable by fine or imprisonment or meanor. both in the discretion of the Court before which the offender is convicted.

be issued.

27. Upon complaint being made before any one Justice of the Summons to Peace, in any case over which two Justices have jurisdiction as aforesaid, he shall issue a Summons requiring the party complained against to appear on a day and at an hour and place to be named in such Summons, and every such Summons shall be served on the party offending or complained against, or shall be left at his place of residence or business, or on board any vessel to which he belongs :

upon appear

2. Either upon the appearance or default to appear of the party Proceedings complained against, any two or more Justices may proceed sum-ance or de marily upon the case, and either with or without any written fault. information; and upon proof of the offence or of the complainant's claim, either by confession of the party complained against, or upon the oath of at least one credible witness other than the Prosecutor (which oath such Justices may administer) the Justices may convict the offender, and upon such conviction order the offender or party complained against to pay the penalty imposed by this Act, or by any such Regulation as aforesaid, according to the nature of the offence, and also to pay the costs attending the information or complaint;

same may be

3. If forthwith upon such order the moneys thereby ordered If moneys are to be paid, are not paid, the same may be levied, with the costs not paid, the of the distress and sale, by distress and sale of the goods and levied by dischattels of the party ordered to pay such moneys, the surplus, if tress.

any

Proceedings if there is no sufficient distress.

Conviction or

to be quashed

form, &c.

any, to be returned to him upon demand; and any such Justices may issue their warrant accordingly, and may also order such party to be detained and kept in safe custody until return can conveniently be made to such Warrant of Distress, unless such party gives security to the satisfaction of such Justices for his appearance before them on the day appointed for such return, such day not being more than three days from the time of taking such security;

4. But if it appears to such Justices, by the admission of such party or otherwise, that no sufficient distress can be had whereon to levy the moneys so adjudged to be paid, they may, if they think fit, refrain from issuing a Warrant of Distress in the case, or if such Warrant has been issued, and upon the return thereof such insufficiency as aforesaid is made to appear to the Justices, or to any two or more of them, then such Justices shall, by Warrant, cause the party ordered to pay such moneys and costs as aforesaid to be committed to Gaol, there to remain without bail for any term not exceeding three months, unless such moneys and costs ordered to be paid and such costs of distress and sale as aforesaid, be sooner paid and satisfied; but such imprisonment of a Master of any Vessel shall not discharge the Vessel from the lien or liability attached thereto by the provisions of this Act.

28. No conviction or proceeding under the four next preceding proceeding not sections shall be quashed for want of form, or be removed by for want of appeal or certiorari, or otherwise, into any of Her Majesty's Superior Courts of Record in Canada; and no Warrant of Commitment shall be held void by reason of any defect therein, provided it be thereby alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

Payment of

expenses

under this Act.

Moneys collected, how disposed of.

MONEYS LEVIED AND EXPENDED.

29. All the expenses to be incurred in carrying the provisions of this Act into effect or under the provisions thereof shall be paid out of any moneys granted from time to time by Parliament for that purpose and for affording help and advice to Immigrants, aiding Destitute Immigrants, visiting and relieving them, procuring medical assistance and otherwise attending to the object of Immigration, as determined by the Parliamentary grants, and by orders of the Governor General for the management of the same.

30. The moneys levied under this Act shall be paid by the Collector of Customs by whom they are received, into the hands of the Receiver General, to form part of the Consolidated Revenue Fund of Canada.

Interpretation clause

"Master,"

INTERPRETATION.

31. In this Act, unless there be something in the context inconsistent with such interpretation, the word "Master" shall apply to

any

any person in command of a Vessel; the word "Vessel" shall include "Vessel," all Ships, Vessels, or Craft of any kind carrying Passengers; the word "Passengers" shall apply to all Passengers as well as to "Passengers." Immigrants usually and commonly known and understood as such, but not to Troops or Military Pensioners and their families, who are carried in Transports or at the expense of the Imperial Government.

32. This Act shall commence and take effect on the first day Commenceof January, 1870, and on and after the said day the following ment of Act. Acts and parts of Acts shall be repealed, that is to say:

So much of Chapter forty of the Consolidated Statutes of the Acts repealed, late Province of Canada "respecting Emigrants and Quarantine," Con. Stat. Can. as has not been already repealed:

c. 40.

c. 8.

The Act of the Legislature of the said late Province of Canada, Can. 25 Vic. passed in the twenty-fifth year of Her Majesty's Reign, Chapter eight "to amend the Act respecting Emigrants and Quarantine:

Vic. c. 16.

The Act of the Legislature of the said late Province of Canada, Can. 27, 28 passed in the Session thereof held in the twenty-seventh and twenty-eighth years of Her Majesty's Reign, Chapter sixteen "to amend the Act respecting Emigrants and Quarantine :"

c. 4.

The Act of the Legislature of the Province of New Brunswick, N.B. 24 Vio. passed in the twenty-fourth year of Her Majesty's Reign, Chapter four, "relating to Passengers arriving within this Province:"

tofore done,

Except only as regards offences committed or liabilities incurred Exceptions as under any of the said Acts before the said day, with respect to to things herewhich, and to all proceedings relating to which, the said Acts &c. shall remain in force; and every enactment or provision in any other Act or law in force in any part of Canada before the coming into force of this Act, inconsistent with this Act, or making any provision for any matter provided for by this Act other than such as is hereby made, shall also be repealed on and after the said day.

33. When citing this Act it shall be sufficient to call it "The Short title. Immigration Act, 1869."

SCHEDULE

H

CAP XI.

An Act respecting Patents of Invention.

[Assented to 22nd June, 1869.]

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

PATENT OFFICE CONSTITUTED.

to be Commis

Invention.

1. There shall be attached to the Department of Agriculture, Minister of as a branch thereof, an Office to be named The Patent Office; Agriculture and the Minister of Agriculture for the time being shall be the sioner of Commissioner of Patents of Invention; and it shall be the duty Patents of of the said Commissioner to receive all applications, fees, papers, documents and models for patents, and to perform such acts and things respecting the granting and issuing of patents for new and useful inventions, discoveries, and improvements as are herein provided for; and he shall have the charge and custody of the books, records, papers, models, machines, and other things belonging to the said Office.

pressions

evidence.

2. The Commissoner shall cause a seal to be made for the Seal to be purposes of this Act, and may cause to be sealed therewith letters made and impatent and other instruments and copies proceeding from the thereof to be Patent Office; and all Courts, Judges, and other persons whom- received in soever shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the said Office to be copies of or extracts from documents deposited in such office.

3. The Commissioner may, from time to time subject to the Commissioner approval of the Governor in Council, make such rules and regu- to make rales, lations, and prescribe such forms, as may appear to him necessary and expedient for the purposes of this Act; and notice thereof shall be given in the Canada Gazette; and all documents, Publication executed after the same and accepted by the Commissioner, shall and effect. be held valid so far as relating to proceedings in the Patent Office.

Clerks.

4. The Deputy of the Minister of Agriculture shall be the Deputy ComDeputy Commissioner of Patents of Invention; and the Governor missioner and may, from time to time, appoint such clerks and officers under him as may be necessary for the purpose of this Act, and such clerks and officers shall hold office during pleasure.