Their oath of office.

Powers of arbitrators to

swear wit

nesses.

not all unite in appointing three arbitrators, the Commissioner or his deputy or person appointed to perform the duty of that officer, may appoint the three arbitrators for the purposes aforesaid.

3. The arbitrators so named shall, before a judge of any court in any of the Provinces of Canada, subscribe to the following oath:

"I, the undersigned (A.B.), being duly appointed an arbitrator "under the authority of the forty-third section of The Patent "Act of 1872, do hereby solemnly swear (or affirm, as the case may be), that I will well and truly perform the duty of such "arbitrator on the interfering applications of (C.D. and E.F.) submitted to me."

4. The arbitrators, or any one of them, after having been so summon and Sworn, shall have the power of summoning before them any party or witness, and of requiring him to give evidence on oath, orally or in writing (or on solemn affirmation, if the person be entitled to affirm in civil matters), and to produce such documents and things as such arbitrators deem requisite to the full investigation of the matters into which they are appointed to examine, and shall then have the same power to enforce the attendance of such witnesses, and to compel them to give evidence, as is vested in any court of law in civil cases, in the Province in which the arbitration is to be had and any wilfully false statement made by any such witness on oath or solemn affirmation, shall be deemed to be evidence to be wilful and corrupt perjury: but no such party or witness shall be compelled to answer any question, by his answer to which he might render himself liable to a criminal prosecution.

perjury.

As to fees to arbitrators,

5. The fees for the services of arbitrators shall be a matter of and by whom agreement between the said arbitrators and the parties, and shall payable. be paid by the parties naming them, respectively, except those of the arbitrator or arbitrators when named by the Commissioner of Patents, which shall be paid by the applicants jointly.

Documents to be open to inspection.

errors.

44. All specifications, drawings, models, disclaimers, judgments and other papers, except caveats, shall be open to the inspection of the public at the Patent Office, under such regulations as may be adopted in that behalf.

As to clerical 45. Clerical errors happening in the framing or copying of any instrument of the Patent Office, shall not be construed as invalidating the same, but when discovered they may be corrected under the authority of the Commissioner.

Destroyed patent may be replaced.

As to use of

46. In case any patent be destroyed or lost, others of the like tenor, date, and effect may be issued in lieu thereof, on the party paying the fees hereinbefore prescribed for office copies of documents.

47. No patent shall extend to prevent the use of any invention patented in any foreign ship or vessel, where such invention is not so used foreign vessels, for the manufacture of any goods to be vended within or exported

invention in

from Canada.

affect a pre

invention.

48. Every person who before the issuing of a patent has pur- Patent not to chased, constructed, or acquired any invention for which a patent vions purhas been obtained under this Act, shall have the right of using chaser of the and vending to others, the specific article, machine, manufacture or composition of matter patented, so purchased, constructed or acquired before the issue of the patent therefor, without being liable to the patentee or his representatives for so doing but the Proviso: As to patent shall not be held invalid as regards other persons by reason other persons. of such purchase, construction or acquisition, or use of the invention by the person first aforesaid, or by those to whom he may have sold the same, unless the same was purchased, constructed or acquired or used for a longer period than one year before the application for a patent therefor,-which circumstance would then have the effect of making the invention one having become public and in public use.

marked as

49. Every patentee under this Act, shall stamp or engrave on Patented each patented article, sold or offered for sale by him, the year of articles to be the date of patent applying to such article, thus:-" Patented such. 1872," or as the case may be; and any such patentee selling or offering for sale any such patented article not so marked, shall be liable to the punishment of a fine not to exceed one hundred Penalty for dollars, and, in default of the payment of such fine, to imprison- default. ment not to exceed two months.

a misde

meanor.

50. Whosoever writes, paints, prints, moulds, casts, carves, Falsely engraves, stamps or otherwise marks upon anything made or sold marking any thing as by him, and for the sole making or selling of which he is not patented, to be the patentee, the name or any imitation of the name of any patentee for the sole making or selling of such thing without the consent of such patentee or without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps or otherwise marks upon anything not purchased from the patentee, the words, "Patent" "Letters Patent," "Queen's Patent," "Patented," or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark, or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee, or whosoever puts to sale as patented, any article not patented in Canada, for the purpose of deceiving the public,-shall be deemed guilty of misdemeanor, and shall on Punishment. conviction be punished therefor by fine, or by imprisonment, or both, in the discretion of the Court, before which the conviction shall be had; but the fine shall not exceed two hundred dollars, nor shall the imprisonment exceed three months.

in matters

51. Any person wilfully making or causing to be made any Making false false entry in any register or book, or any false or altered copy of entry or copy any document relating to the purposes of this Act, or who shall subject to this produce or tender any such false or altered document, knowing the same to be such, shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly.

Act to be a misdemeanor.

Inconsistent enactments repealed.

Exception.

Short title.

Commencement of Act.

52. Chapter thirty-four of the Consolidated Statutes of the late Province of Canada, respecting Patents for Inventions,Chapter one hundred and seventeen of the Revised Statutes of Nova Scotia (third series),-Chapter one hundred and eighteen of the Revised Statutes of New Brunswick, and "The Patents Ordinance, 1867," of British Columbia, "The Patent Act of 1869," -and any Act amending any of the said Acts or Laws, or any other Act relating to Patents, are hereby repealed, in so far as they or any of them may be inconsistent with this Act, or make any provision in any matter provided for by this Act, except only as respects all rights acquired and penalties or liabilities incurred under the said laws or any of them, before the coming into force of this Act, as to which they shall remain in force, and nothing in this Act contained shall affect any suit pending in any court of law or equity at the time of the coming into force of this Act.

53. In citing this Act it shall be sufficient to call it "The Patent Act of 1872."

54. This Act shall commence and take effect on the first day of September, 1872.

CAP. XXVII.

An Act relating to Quarantine.

[Assented to 14th June, 1872.]

Preamble.

H1

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

Interpretation 1. In this Act, unless there be something in the context in"Master." consistent with such interpretation, the word "master" shall apply "Vessel." to any person in command of a vessel; the word "vessel" shall "Passengers." include all ships, vessels or craft of any kind carrying passengers; the word "passengers" shall apply to all passengers as well as to 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 Govern"Quarantine ment; the words "Quarantine Station" shall apply to Grosse Isle, Lawlor's and Partridge Islands, or other place at which quarantine is directed to be performed.

station."

Governor in 2. The Governor in Council may from to time make such Council may Regulations as he thinks proper, for enforcing compliance with make Quarantine all the requirements of this Act, and concerning the entry Regulations. or departure of vessels at the different ports or places in

Canada;

Canada; and concerning the landing of passengers or cargoes from such vessels, or the receiving of passengers or cargoes on board of the same, as may be thought best calculated to preserve the public health; and for ensuring the due performance of Quarantine, by and in respect of vessels, passengers, goods or things arriving at or in the neighbourhood of any port or place within Canada, to which he thinks it right for the preservation of the public health that such regulations should apply; and for the thorough cleansing and disinfecting of such vessels, passengers, goods or things, or concerning the arrival at or departure from any place in Canada of any persons, goods or things conveyed by land; and for ensuring the due performance of quarantine by and in respect of such persons, goods and things at or in the neighborhood of any place in Canada to which he thinks it right for the preservation of the public health that such regulations should apply; and for the thorough cleansing and disinfecting of such persons, goods and things, so as to prevent, as far as possible, the introduction or dissemination of disease into or in Canada; and may appoint or remove such officers as he may deem necessary for so doing, and assign to them respectively such powers as he may think requisite for carrying out the provisions of such Regulations, and may from time to time revoke or amend the same or any of them, and may make others in their stead, and impose penalties, forfeitures and punishments for the breach thereof: and such Regulations shall be notified by proclamation published Publication in the Canada Gazette at least twice, and the production of the proof of copies of the Gazette containing any such proclamation shall be evidence of the making, date and contents of such regulations.

and Regulations.

3. Such Regulations shall have the force of law, during the Quarantine time they respectively remain unrevoked, unless they be expressly have the force Regulations to limited to be in force only during a certain time or at certain times of law. or seasons, in which case they shall have the force of law during the time and at the times and seasons during or at which they have been limited to be in force and any person disobeying any Punishment such Regulation shall be held guilty of and may be prosecuted disobeying for a misdemeanor, punishable by fine or imprisonment or both, them. as the Court may direct, or otherwise such person may be sued for the penalties contained in such Regulation.

of persons

quarantine.

4. By such Regulations, the Governor in Council may require Vessels from the master of every vessel coming up the River St. Lawrence from be required to sea, &c., may below the Quarantine Station at Grosse Isle, or arriving by sea at perform or in the neighbourhood of any Port or Place in Canada, (except only such vessels as are therein designated and referred to as excepted), to bring his vessel to anchor, at the anchorage at the proper Quarantine Station designated in the Regulations, and report such vessel in writing to the officer at such station designated for that purpose in such Regulations, with all the particulars relative to the same, and to the voyage, passengers and cargo Obligations of thereof, required by such Regulations, or by any officer duly vessels coming authorized under them to require the same, and to allow the proper to Quarantine officer Station.

masters of

officer to visit and inspect such vessel and every part thereof and the passengers and crew and the cargo and other articles on board the same, and to answer truly all questions asked of him touching the same; and to send on shore at such station and at the places there pointed out by the officer thereunto authorized by such Regulations, any or all of the passengers, crew, cargo or other articles on board such vessel, as such officer thinks necessary for preventing the introduction of contagious or infectious disease, and to allow such passengers, crew, cargo or other articles, and also the vessel itself, to remain so long at such station and at such places thereat respectively, and to be so treated, cleansed and purified, as such officer shall think necessary for the purpose aforesaid; and Inspection of by such Regulations the Governor in Council may require the goods, and the owners or persons in charge of goods or things conveyed by land cleansing to any place in Canada, to allow the proper officer appointed under such Regulations to inspect and examine the same, and to answer truly all questions asked of them by such officer concerning the same, and to allow such goods or things to remain so long in the custody of such officer, and to be so treated, cleansed and purified, as such officer shall think necessary for the purpose of this Act: and by such Regulations the Governor in Council may require all persons arriving by land at any place in Canada, to allow themselves to be inspected and examined by the proper officer appointed under such Regulations, and to answer truly all questions asked of them by such officer, and to remain so long at such place and be so treated, cleansed and purified as such officer shall think necessary for the purposes of this Act.

thereof.

Powers of officers at Quarantine

Station, under the Regulations.

5. And by such Regulations the Governor in Council may assign to the several officers and persons to be employed at any ch Quarantine Station the powers and duties necessary for carrying the said Regulations and this Act fully into effect, and may declare that any such officer or person shall, by virtue of his office or employment, be a Justice of the Peace or a Constable or Peace Officer for such Quarantine Station, and for the space around the same described in such Regulations; and such officer shall accordingly be such Justice of the Peace or Peace Officer, whether he be otherwise qualified or not, for the purpose of carrying out the criminal laws and other laws of the Dominion; and Penalties for by such Regulations the Governor in Council may impose penalties, contravention not exceeding four hundred dollars in any case, on persons conof Regulatravening the same, and may provide that the offender shall be power to com- imprisoned until such penalty be paid, and may direct that no vessel shall be entered or cleared at any Custom House in Canada until all the requirements of such Regulations are fully complied with, and may direct that any person, vessel or thing, who or which has passed or departed or been removed from any Quarantine Station, before all the requirements of such Regulations are fully complied with in respect of such person, vessel or thing, or without the written permission of the officer empowered to autho rize such passing or departure, may be compelled to return or be carried back to such Station, and by force, if necessary.

tions, and

pel obedience.