Recovery of next preceding section.-and that by any person whatever, who shall receive one-half the amount of the said last mentioned penalty, on the recovery of the amount which the offender may have been condemned to pay. Suit may be maintained by proprietor. Proceedings 28. A suit may be maintained by the proprietor of any design for the damages he has sustained by the application or imitation of the design, for the purpose of sale, against any person so offending,-he (the offender) knowing that the proprietor of the design had not given his consent to such application. 29. If any person, not being the lawful proprietor of a in case of design, be registered as proprietor thereof, the rightful owner wrongful registration. may institute an action in the Superior Court in the Province of Quebec, in the Court of Queen's Bench or of Common Pleas in the Province of Ontario, or in the Supreme Court in the Provinces of Nova Scotia, New Brunswick, British Columbia or Prince Edward Island, or in the Court of Queen's Bench in Manitoba, or before a Stipendiary Magistrate in the North West Territories, as the case may be, and the court or magistrate having cognizance of such suit may, if it appear that the design has been registered in the name of a wrong person, either direct the registration to be cancelled, or that the name of the lawful proprietor shall be substituted for the name in the register, with costs in its Prohibition in discretion; and on application by the plaintiff supported certain cases. by affidavit, it shall be lawful for any such court or magistrate, pending such action or proceedings, at its discretion, to issue an order upon the defendant prohibiting the use of such design, pending such suit or proceedings, under pain of being held in contempt of such court or magistrate. Consequent register. 30. The Minister of Agriculture, after due service of such alteration of order and payment of the fee hereinafter provided, shall cause such alteration to be made in the register respecting industrial designs, as shall be directed by order made under the next preceding section. Time for suits limited. 31. All proceedings, under the preceding sections of this Act, shall be brought within twelve months from the commission of the offence, and not after; nor shall any of the provisions of this Act apply to protect any design which does not belong to a person resident within Canada, and is not applied to a subject matter manufactured in Canada. Certificate on 32. On the copy returned to the person registering, a oerreturned and tificate shall be given, signed by the Minister or by his effect thereof. Deputy, shewing that the design has been registered, the date of registration, the name of the registered proprietor, his address, the number of such design, and the number or letter employed employed to denote or correspond with the registration,— which said certificate, in the absence of proof to the contrary, shall be sufficient proof of the design, of the name of the proprietor, of the registration, of the commencement and period of registry, of the person named as proprietor being proprietor, of the originality of the design, and of compliance with the provisions of this Act; and generally the Effect thereof writing purporting to be so signed shall be received prima as evidence. facie as evidence of the facts therein stated, without proof of the signature. 33. Any person may be allowed to inspect the register of Register may industrial designs; and the Minister may cause copies or be examined. representations of industrial designs to be delivered, on the designs. Copies of applicant for the same paying the fee, which shall be deemed sufficient for the purpose of having the same copied or represented. fused in 34. The Minister of Agriculture shall have power to Registration refuse to register such designs as do not appear to him to be may be rewithin the provisions of this Act, or when the design is certain cases. contrary to public morality or order,-subject, however, to appeal to the Governor in Council. corrected. 35. Clerical errors happening in the drawing up or copy- Clerical ing of any instrument respecting an industrial design, shall errors may be not be construed as invalidating the same, but when discovered they may be corrected under the authority of the Minister of Agriculture. 36. Before any action is taken in relation to an application Fees payable. for registering an industrial design, the following fees shall be payable into the hands of the Minister of Agriculture, to wit: On every application to register a design, including certificate..... ....... $5.00 On every application for an extension of time, including certificate, for each year of such extension. $2.00 For copy of each certificate of registration, separate from the return of the duplicate herein before mentioned...... $1.00 For the recording of an assignment as herein before provided........ 200 ......... For office copies of documents, not above mentioned per every hundred words or less.. For each copy of any drawn copy of an industrial design, the reasonable expense of preparing the 0 50 same, All To be paid All of which fees shall be paid over by the Minister of Agriculture to the Receiver General of Canada: Provided always, that in case of refusal to register the industrial design for which application is made, the fee shall be returned to the applicant or his agent, with the exception of the sum of two dollars, to be retained in compensation of office expenses. Application sections. GENERAL PROVISIONS. 37. The foregoing sections one to nineteen both inclusive, of foregoing apply only to Trade Marks, and the sections twenty to thirty-six both inclusive, apply only to Industrial Designs; the following sections are of general application to all the subjects of this Act. Certain Acts c. 36, nor 35 38. The Act thirty-first Victoria, chapter fifty-five and the Act thirty-ninth Victoria, chapter thirty-five, respectively intituled "An Act respecting Trade Marks and Industrial Designs," and "An Act to amend 'The Trade Mark and Design Act of 1868,'" and all Acts or parts of Acts concerning Trade Marks or Industrial Designs are hereby repealed, with the exception of the Act thirty-third Victoria, chapter thirtysix, intituled "An Act respecting the Marking of Timber," and the Act thirty-fifth Victoria, chapter thirty-twointituled "An Act to amend the law relating to the Proviso as to fraudulent marking of merchandise:" Provided always that all registrations made under such Acts and all rights acquired thereby shall remain good and valid, and assignable pealed Acts. in law, and all liabilities, penalties and forfeitures incurred or to be incurred under the same, may be sued for and enforced, and all prosecutions or suits commenced before the passing of this Act for enforcing any such liabilities, penalties or forfeitures already incurred may be continued and completed, and entries and registrations under the said Acts respectively may be cancelled, as if the said Acts and parts of Acts had not been repealed. rights acquired, &c., under re Officer substituted :24 V. (Pro 39. For all the purposes of the Act of the late Province of Canada, twenty-fourth Victoria, chapter twenty-one, so far vince of Can- as the same remains in force after the passing of this Act, ada) c. 21. the Deputy of the Minister of Agriculture shall remain substituted for the Secretary of the Board of Registration and Statistics mentioned in the said Act, and shall have all the powers and duties of that officer. Short title. 40. In citing this Act, it shall be sufficient to call it "The Trade Mark and Design Act of 1879." CHAP. CHAP. 23. An Act to provide against Infectious or Contagious Diseases affecting Animals. [Assented to 15th May, 1879.] HEREAS it is expedient better to provide against the Preamble. introduction and spread of infectious or contagious. diseases among animals: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1, In this Act Cattle" means bulls, cows, oxen, heifers Interpretaand calves; "Animals" means, except where it is otherwise expressed, cattle, sheep, horses, swine, goats and all other animals of whatsoever kind; tion of the word Cattle. Animals. animals. "Foreign Animals " means animals not already introduced Foreign within Canadian territory; "Infectious" means communicable in any manner what- Infectious. ever even at a distance; 'Contagious" means communicable by close contact or Contagious. inoculation. given to 2. It shall be the duty of every cattle or farm stock owner Notice of and of every breeder of or dealer in cattle or other animals disease to be or of any one bringing foreign animals into Canada, on per- Minister of ceiving the appearance of infectious or contagious diseases Agriculture by, breeders among the cattle or other animals owned by him or under or dealers. his special care, to give immediate notice to the Minister of Agriculture, at Ottawa, of the fact or facts discovered by him as aforesaid : Negligence to comply with the present enactment shall Penalty for entail upon the owner of the said diseased animals the neglect. penalty of not being entitled to nor granted any compensations for cattle or animals slaughtered in accordance with the provisions of this Act: malicious or fraudulent conceal- Or fraudulent ment of the existence of disease among cattle or other concealment animals shall subject the person so acting, on conviction thereof, to forfeit and pay a sum not exceeding two hundred dollars. of disease. Penalty for eased animals. 3. If any person turn out, keep or graze any animal keeping dis- knowing such animal to be infected with or laboring under any infectious or contagious disorder, or to have been exposed to infection or contagion, in or upon any forest, wood, moor, beach, marsh, common, waste-land, open field, roadside or other undivided or unenclosed land, such person shall, on conviction thereof, forfeit and pay a sum not exceeding two hundred dollars. Penalty for animals to market, &c. 4. Any person bringing or attempting to bring into any bringing such market, fair or other place, any animal known by him to be infected with or laboring under any infectious or contagious disorder, shall, upon conviction thereof, forfeit and pay for every such offence a sum not exceeding two hundred dollars. For throwing carcass into rivers, &c. For digging up any such carcass buried. Such animals if offered for sale to be mayor, &c. 5. Any person throwing or placing, or causing or suffering to be thrown or placed, into or in any river, stream, canal, navigable or other water, or into or in the sea, within ten miles of the shore, the carcass of an animal which has died of disease or been slaughtered as diseased or suspected of disease, shall, on conviction thereof, forfeit and pay a sum not exceeding two hundred dollars. 6. Any person who, without lawful authority or excuse digs up or causes or allows to be dug up a carcass buried of an animal having died or being suspected of having died from infectious or contagious disease, shall, on conviction thereof. forfeit and pay a sum not exceeding one hundred dollars, 7. In case any animal infected with or laboring under any infectious or contagious disorder, be exposed or offered seized and re- for sale, or be brought or attempted to be brought for the ported to the purpose of being exposed or offered for sale in any market, fair or other open or public place where other animals are commonly exposed for sale, then, and in any such case, it shall be lawful for any clerk or inspector, or other officer of such fair or market, or for any constable or policeman, or for any other person authorized by the Mayor or Reeve, or by any Justice of the Peace having jurisdiction in the place, or for any person authorized or appointed by the Governor, to seize the same, and to report the seizure to the Mayor or Reeve, or to any Justice of the Peace having jurisdiction in the place; and it shall be lawful for such Mayor, Reeve or Cause them, Justice, to cause the same, together with any pens, hurdles, with things supposed troughs, litter, hay, straw or other articles which he may infectious, to judge likely to have been infected thereby, to be forthwith be destroyed. destroyed, or otherwise disposed of, in such manner as he shall deem proper, or as may be directed, as provided by this Act. Who may S. |