-evidence of appointment

officers, &c.

thereto authorized under Order in Council, and notifying or removal of, any appointment or removal of, or setting forth any instrucor instruction tions to, any person employed in the execution of this Act,to census and any letter signed by any officer, census commissioner, or other person thereto duly authorized, notifying any ap pointment or removal of, or setting forth any instructions to any person so employed under the superintendence of the signer thereof,-shall be, respectively, prima facie evidence of such appointment, removal, or instructions, and that such letter was signed and addressed as it purports to be.

Presumption as to documents produced by a person em

ployed in the execution of

this Act.

What shall be a sufficient requirement, as against occupant of house.

Allowances

or remuneration for persons employed under this Act.

Maximum rate.

Allowances,

when to be

20. Any document or paper, written or printed, purporting to be a form authorized for use in the taking of the census, or to set forth any instructions relative thereto, Which is produced by any person employed in the execution of this Act, as being such form, or as setting forth such instructions, shall be presumed to have been supplied by the proper authority to the person so producing the same, and shall be prima facie evidence of all instructions therein set forth.

21. The leaving, by an enumerator, at any house or part of a house, of any schedule purporting to be issued under this Act, and having thereon a notice requiring that the same be filled up and signed within a stated delay by the occupant thereof, or in his absence by some other member of the family, shall be a sufficient requirement as against such occupant, though not named in such notice, nor personally served therewith, so to fill up and sign such schedule.

22. The Minister of Agriculture shall cause to be prepared one or more tables, setting forth the rates of allowances or remuneration for the several census commissioners and enumerators employed in the execution of this Act, not, however, to exceed, in the aggregate, a total amount of three dollars for each day of proved effective service for any enumerator, or of four dollars for each day of like service for any census commissioner; and the same, when approved by Order in Council, shall be laid before Parliament within the first fifteen days of the Session next ensuing.

23. Such allowances or remuneration shall be paid to the &c., how and several persons entitled thereto, in such manner as the Governor in Council shall direct; but shall not be payable until the services required of the person receiving the same have been faithfully and entirely performed.

paid..

And out of

to be paid.

24. Such allowances and remuneration, and all expenses what moneys to be incurred in carrying this Act into effect, shall be paid out of such moneys as shall be provided by Parliament for that purpose.

laid before

25. A full report of all things done under this Act, and Report to be an account of all moneys expended under the authority Parliament. thereof, shall be laid before Parliament within the first fif teen days of the next Session thereof, and of each Session thereafter, until such time as all things requiring to be done under this Act shall have been fully completed.

26. The word "house" in this Act includes all ships, Meaning of vessels and other dwellings or places of abode of any kind. "house."

the Civil

27. Appointments, employments or service under this Act affecting Act concerning census shall not be subject to the statutory Service not requirements affecting the Civil Service.

STATISTICS.

to extend to appointments &c., under

this Act.

to make rules,

28. The Minister of Agriculture shall, from time to time, Minister of subject to the approval of the Governor in Council, make Agriculture such rules and regulations, and prescribe such forms as may &c, for appear necessary and expedient for the purpose of collecting, collecting abstracting, tabulating and publishing vital, agricultural, and other commercial, criminal and other statistics; and such rules, statistics. regulations and forms, when assented to by the Governor in Council, and published in the Canada Gazette, shall have the force of law so long as they are not repealed or superseded; and any printed copy thereof published by the Queen's Printer shall be evidence thereof.

section 31.

29. It shall be the duty of the Minister of Agriculture Duty of when, and so soon as the said rules, regulations and forms Minister of Agriculture have been assented to and published in the Canada Gazette, under such as prescribed in section twenty-eight of this Act, and the rules and arrangements contemplated by section thirty-one of this Act have been consummated, to proceed to collect the said vital, agricultural, commercial, criminal and other statistics, in such ways and manner as may be found most practicable, and thereafter, when and so often as it may seem to the said Minister that the statistics collected are of sufficient value and authenticity to render their publication advantageous, to cause the same to be published in such form and mode as the Governor General in Council may prescribe.

Council may

30. The Governor in Council may, on the Minister of Governor in Agriculture certifying to the ascertained competency of the appoint offipersons to be appointed, from time to time, appoint such cers, clerks, &c., for the officers, clerks and other employees as may be necessary for the purposes of purposes of this Act; and such officers, clerks and employees this Act. shall hold office during pleasure. The Governor may also appoint, at any time, temporary clerks or employees for an Tenure of indefinite period,-the term of service of such temporary persons, &c., employees to cease and determine at the notice given to them appointed. by the Minister of Agriculture, when such portion of the statistical labours for which they were so engaged, and to which they had been employed, is terminated.

office of

When a system of

collection of statistics is

Province.

31. Whenever, in any Province or territory, any system is established or any means exist of collecting vital, agricultural, commercial, criminal or other statistics, the Minister of Agriin force in any culture may be authorized by the Governor in Council to arrange with the Government of such Province or territory, or with the organization so possessed of such system, for the collection and transmission of such information as may be required by schedules prepared by the Minister of Agriculture, and approved by the Governor in Council, for the procuring of such vital, agricultural, commercial, criminal and other statistics.

Minister of

Agriculture public officers for copies of papers, &c.

may call upon

Minister of

may cause in

32. The Minister of Agriculture may, in collecting statistics, as and in the manner provided by this Act, call upon any and all public officers to furnish to him copies of papers and documents and such information as lie respectively in the power of such officers to furnish, with or without compensation for so doing, as may be regulated from time to time by order or orders of the Governor in Council.

33. The Minister of Agriculture may cause to be abstractAgriculture ed and tabulated in a concise form, for easy reference, such formation to information on various subjects susceptible of being reprebe abstracted sented by figures, as may be contained in the Departmental or other public reports and documents.

and tabu

lated.

Special

34. The Governor in Council may authorize the Minister statistical in- of Agriculture to cause special statistical investigations, as vestigations may be made. regards subjects, localities or otherwise, to be made in the manner and by means which may be prescribed in such authorization of the Governor in Council.

Minister of

35. The Minister of Agriculture shall cause all statistical Agriculture information obtained to be examined, and any omissions, defects or inaccuracies discoverable therein, to be supplemented and corrected as far as practicable.

to correct errors, &c.

Penalty for 36. Any false information wilfully given, and any decepwilfully giving false tion practiced in furnishing information provided for by this information, Act, shail be an offence against this Act; and the person so offending shall, on conviction of such offence, forfeit and pay a sum not exceeding one hundred dollars.

&c.

Further duties of Minister of

37. The Minister of Agriculture shall insert in his annual report, reports of the proceedings under this Act, inAgriculture. cluding copies of the rules and regulations made under section twenty-eight thereof. The Minister of Agriculture shall cause the information collected in virtue of this Act, and under rules and regulations herein before provided, to be compiled and tabulated, and the abstracts then made to be published at as early a date after the reception of the information as the nature and magnitude of the work and

the

and ratios.

the force of the staff provided for it may allow. The Minister Proportions of Agriculture may also cause to be added to such returns, such proportions, ratios and other statistical deductions as may be drawn from the information obtained in virtue of this Act.

38. The respective salaries of officers, clerks and other Salaries, &c., employees, who may be appointed in virtue of this Act, the how to be fixed, and fees or compensations to be paid for obtaining information as out of what provided by sections thirty-one and thirty-two of this Act, moneys to be paid. and the office and other contingent expenses necessary for the purposes of this Act, shall be fixed by the Governor in Council, to be paid out of any moneys which may be provided by Parliament for that purpose.

21, 34 V., c. 18,

39. The Act thirty-third Victoria, chapter twenty-one, Repeal of intituled "An Act respecting the first Census," as amended by Acts 33 V., c. the Act thirty-fourth Victoria, chapter eighteen, intituled 39' v. c. 13. "An Act to amend the Census Act," and the thirty-ninth Victoria, chapter thirteen, intituled "An Act to make provision for the Collection and Registration of the Criminal Statistics of Canada," are hereby repealed; provided always, that the last- Proviso, as to mentioned Act, thirty-ninth Victoria, chapter thirteen, shall 39 V., c. 13. remain in force and effect until the same is declared to be no longer in force by a Proclamation of the Governor stating that provision has been made for the collection of criminal statistics, in accordance with the requirements of this Act.

40. When citing this Act it shall be sufficient to call it Short title. "The Census and Statistics Act."

CHAP. 22.

An Act respecting Trade Marks and Industrial Designs.

[Assented to 15th May, 1879.]

WHEREAS it is expedient to make alterations in the Preamble.

law providing for the registration of Trade Marks and Industrial designs: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

TRADE MARKS.

to be kept.

1. A register of Trade Marks shall be kept in the office of Register of the Minister of Agriculture in which any proprietor of a Trade Marks Trade Mark may have the same registered by complying with the provisions of this Act.

Minister may make rules and adopt forms.

Seal may be prepared;

its use.

tered.

2. The Minister of Agriculture may, from time to time, subject to the approval of the Governor in Council, make rules and regulations and adopt forms for the purposes of this Act, as respects trade marks; and such rules, regulations and forms circulated in print for the use of the public, shall be deemed to be correct for the purposes of this Act; and all documents executed according to the same and accepted by the Minister of Agriculture, shall be held valid so far as relates to official proceedings under this Act.

3. The Minister of Agriculture may cause a seal to be made for the purposes of this Act, and may cause to be sealed therewith trade marks and other instruments and copies proceeding from his office in regard of trade marks.

No suit for in- 4. From and after the first day of July, one thousand fringement unless Trade eight hundred and seventy-nine, no person shall be enMark is regis- titled to institute any proceeding to prevent the infringement of any trade mark until and unless such trade mark Proviso as to is registered in pursuance of this Act: Provided always, that actions may be instituted as heretofore against persons fraudulently marking merchandise, in accordance with the Act thirty-five Victoria, chapter thirty-two, intituled "An Act to amend the law relating to the fraudulent marking of merchandise," eren in the absence of registration.

suits under

35 V., c. 32.

Cases in

which registration of Trade Mark may be objected to by Minister.

How registration may be effected.

Fee.

Mode of registration and certificate thereof.

5. The Minister of Agriculture may object to register any trade mark in the following cases :-First. If the said trade mark proposed for registration is identical with or resembles a trade mark already registered: Second. If it appears that the said trade mark is calculated to deceive or mislead the public: Third. If the said trade mark contains any immorality or scandalous figure: Fourth. If the so called trade mark does not contain the essentials necessary to constitute a trade mark, properly speaking.

6. The proprietor of a trade mark may have it registered by forwarding to the Minister of Agriculture a drawing and description in duplicate of such trade mark, together with a declaration that the same was not in use to his knowledge by any other person than himself at the time of his adoption thereof,-the whole being accompanied with the fee hereinafter provided.

7. On compliance with the requirements of this Act and of the rules hereinbefore provided for, the Minister shall register the trade mark of the proprietor so applying, and shall return to the said proprietor one copy of the drawing and description with a certificate signed by the Minister or his Deputy to the effect that the said trade mark has been duly registered in accordance with the provisions of this Act; and there shall be further stated in such certificate the

date,