unless he shall be resident within the Province at the time of

his application therefor.

infringing copy.

tation.

2. If any other person after the recording of the title of Penalties for any map, chart or book, and publishing the same within the right by impor times limited, shall print or import from any other country copies of such map, chart or book without the consent of the author, and proprietor thereof first had in writing, signed in the presence of two witnesses, or expose to sale any such copy of such map, chart or book, such offender shall forfeit all copies of such map, chart or book, and all sheets, being part of the same, to the author and proprietor thereof, who shall forthwith destroy the same; and every such offender shall forfeit not less than twenty cents, nor more than one dollar for every sheet found in his possession, to whomsoever will sue for the same.

infringing copy.

tion or other

3. If after the recording the title and entering of any print, Penalties for any person whosoever shall engrave, etch or work, or in any rights by imita manner copy or sell in the whole or in part, by copying, vary- wise. ing, adding to or diminishing from the main design, or shall print, reprint or import for sale any such print, or any part thereof, without the consent in writing of the proprietor thereof, signed in the presence of two witnesses, or knowing the same to be so printed, reprinted or imported without the consent of the proprietor, shall publish, sell or expose the same to sale, such offender shall forfeit the plates on which such print shall be copied, and all sheets of such print, and all parts thereof to the proprietor of the original print, who shall forthwith destroy the same; and such offender shall forfeit the sum of four dollars, for every print found in his custody, either printed, published, or exposed to sale, or otherwise disposed of, to whomsoever will sue for the same.

the provincial

lication.

4. No person shall be entitled to benefit under these pro- A printed cop visions in cases where any map, chart, book or print has been registered in already published, unless a printed copy of the title of the secretary's of same shall before publication be deposited in the Secretary's ice before pub office, who shall record the same in a book kept by him for that purpose, in the words following, and give a copy thereof under his hand to the author or proprietor if required:"Province of Nova Scotia.

"Be it remembered that on this

18-, A. B. of

day of

A D.

in the said Province, has deposited in this office the title of a map, [chart, book or print, as the case may be,] the copyright whereof he claims in the words following: [here insert the title,] in conformity with Chapter one hundred and sixteen of the Revised Statutes.

C. D., Provincial Secretary." For which certificate the Secretary shall receive one dollar,

and one dollar for every copy; and the author or proprietor shall cause a copy of such record to be inserted at full length in the title page, or in the page following the title page of such book; and if a map, chart or print, the following words shall be impressed on the face thereof: "Entered according to law on the 18-, by A. B., of Penalty for illegally inserting an entry as registered.

Limitation of actions.

day of

5. If any person not having legally acquired the copyright shall print or publish any map, chart, book or print, and shall insert therein or impress thereon that the same has been entered according to law, or words purporting the same, he shall forfeit four hundred dollars, to be applied as hereinafter directed.

6.

three

Actions under this Chapter shall be commenced within years from the time when the cause of action accrued.

NOTE. This chapter repealed by section 19 of chapter 54, Canada, 1868,-the Copyright Act of 1868; except that the above sections are by section 28 continued in force as to unexpired copyrights acquired before the twenty-second day of May, 1868.

Letters patent,

how and by

tained.

CHAPTER 117.

OF PATENTS FOR USEFUL INVENTIONS.

1. Whenever any person resident in the Province, and whom to be ob- who shall have resided therein for the space of one year previous to his application, shall apply to the Governor, alleging that he has discovered any new and useful art, machine, manufacture or composition of matter or any new or useful improvement thereon not heretofore used or known, and pray that a patent may be granted him for the same, the Governor may direct letters patent to be issued, reciting therein the allegations of such petition, and giving a short description of such invention, and shall thereupon grant to the person so applying for the same and his representatives for a term not exceeding fourteen years the exclusive right of making, using and vending the same to others, which letters patent shall be good and available to the grantee, and shall be recorded in the Secretary's office in a book for that purpose, and shall then be delivered to the patentee.

Patentees of improvements not to use any

tion; original

2. Where any letters patent shall be obtained by any person for any such invention, and thereafter any other person original inven- shall discover any improvement in the principle or process of patentee not to any such invention, and shall obtain letters patent for the exclusive right of such improvement, the person who shall obtain such new patent shall not make, use or vend the original

use the improved patent.

invention, nor shall the original patentee make, use or vend any such improvement.

or proportions

improvement.

Copies of let

3. The simple change of the form or proportions of Changes of form any machine or composition of matter shall not be deemed a dis- not deemed an covery or improvement within the meaning of this Chapter. 5. Any person may receive from the Secretary's office any copy of such letters patent, or of the petition whereon the same were granted, or of any paper or drawing connected therewith, on paying ten cents a folio, and a reasonable fee for every copy of such drawings.

tere patent and drawings, how

charged for.

explanations

be deposited in

secretary's

8. Before any person shall obtain any letters patent he Descriptions, shall deliver into the Secretary's office an intelligible and exact and models to description of such invention, and of the manner of using, or the provincial process of compounding the same, so as to enable any person skilled in the science of which it is a branch to make and use the same; and in case of any machine, shall deliver a model, and explain the principle by which it may be distinguished from other inventions, and shall accompany the whole with drawings and written references where the case admits of drawings, or with specimens of the ingredients sufficient for the purpose of experiment where the invention is a composition of matter, which description, signed by such person and attested by two witnesses, shall be filed in the Secretary's office, and copies thereof, certified by the Provincial Secretary, shall be competent evidence in all courts where matters concerning such letters patent may come in question; but the Governor may upon special grounds being shewn dispense with the delivery of the model at the Secretary's office if he shall deem it right to do so.

rights may be signments

9. Any patentee may assign all his right in such invention Patentee's and discovery to any person; and the assignee thereof, having assigned; asrecorded such assignment in the Secretary's office, shall stand recordents to be in the stead of the original patentee as well as regards all his rights as all his liabilities; and the assignee of any such assignee shall also be considered to be in the stead of the original patentee.

10. Whenever any letters patent shall be granted to any Actions for illeperson, and any other person, without the consent of the selling a patent. patentee or his representatives first had in writing, shall make, use or sell the invention or discovery whereof the exclusive right is secured to such patentee, the person so offending shall be answerable to him or his representatives in damages.

pleaded, and

given in evi

11. The defendant in such action may give this Chapter Defence, how and every special matter in evidence to prove that the specifi- what may be cation filed by the patentee does not contain the whole truth dence. relative to the invention or discovery alleged to have been made by him, or contains more than is necessary to produce

the described effect, which concealment or addition shall fully appear to have been fraudulently made, or that the invention or discovery so secured by letters patent was not originally discovered by the patentee, but had been in use or had been. described in some public work anterior to the supposed invention or discovery of such patentee, or that such patentee had surreptitiously obtained such letters patent for the invention or discovery of some other person, in either of which cases, upon proof thereof, the verdict shall be found, and judgment entered thereon for the defendant with costs, and such letters patent, by the court, shall thereupon be adjudged void.

NOTE.-This Chapter was repealed by Chapter 11 Canada, 1869, Section 52; but all rights acquired, and penalties or liabilities incurred under the foregoing sections previous to the twenty-second day of June, 1869, are reserved and continued. See also Chapter 26 Canada, 1872.

Criminal calendar and depositions to be sent to the grand jury; indictments, when made out.

CHAPTER 123.

OF THE SUPREME COURT AND ITS OFFICERS.

17. A calendar of the criminal causes shall be sent by the Clerk of the Crown to the grand jury in each term, together with the depositions taken in each cause, and the names of the different witnesses; and the indictments are not to be made out, except in Halifax, until the grand jury shall so direct.

NOTE.-The remainder of this Chapter incorporated in the Fourth Series.

Judge in Equity Judge Ordinary.

pointment.

CHAPTER 126.

As amended by Chapter 13, 1866, and Chapter 22, 1870.

OF THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES.

1. The Judge in Equity for the time being shall be the Judge Ordinary of the Court for Divorce and Matrimonial Causes.

Temporary ap- 2. During the illness or temporary absence of the Judge Ordinary or in cases where he may be disqualified from acting from any cause, the Governor in Council shall if necessary by warrant under his hand and seal appoint the Chief Justice or one of the Judges of the Supreme Court to act as Judge

Ordinary during such illness, absence or disqualification, who when so acting shall have and exercise all the powers and jurisdiction conferred on the Judge Ordinary by this Chapter or any other enactment.

3. The Governor shall direct a seal to be made for the Seal of court. Court, and may direct the same to be broken, altered, or renewed at his discretion; and all decrees and orders, or copies of decrees, orders or proceedings of the Court, sealed with such seal, shall be received in evidence.

4. The present Registrar shall continue in office; and on Registrar. any vacancy occurring the Governor shall appoint the Registrar of the Court.

sign orders, &c.

5. The rules, orders, process, and other proceedings of the Registrar may Court, may be signed by the Registrar; and the signature of the Judge Ordinary shall not be necessary unless the Court shall otherwise order.

court.

6. The Court shall have jurisdiction over all matters re- Jurisdiction of lating to prohibited marriages and divorce, and may declare any marriage null and void for impotence, adultery, cruelty, or kindred within the degrees prohibited in an act made in the thirty-second year of King Henry the Eighth, entitled "An Act concerning Pre-contracts; and touching Degrees of Consanguinity": provided that no marriage shall hereafter be deemed to be null and void by reason of pre-contract; and whenever a sentence of divorce shall be given, the Court may pronounce such determination as it shall think fit on the rights of the parties or either of them to courtesy or dower.

sion.

7. The Court may direct the examination of witnesses Trial and deciorally; may declare, by definitive sentence or otherwise, the marriage between the parties in the suit to be null and void from such time as the Court may deem proper; may allow costs and alimony to the wife during the suit; and, upon its termination, may award costs to either of the parties.

9. The Court may enforce the performance of any sentence Execution. by means of an execution similar to that issued out of the Supreme Court; and, when any property is sold by virtue of such execution, the proceeds thereof, deducting poundage and expenses, shall be paid into the registry of the Court, to be disposed of as the Court may direct.

preme court.

10. Either party dissatisfied with any decision of the Court Appeal to su may, within fourteen days after the pronouncing thereof, appeal therefrom to the Judges of the Supreme Court, of whom three at the least in addition to the Judge Ordinary shall form a quorum; and, on the hearing of any such appeal, the appeal court may either dismiss the appeal or reverse the decree or remit the case to the Court, to be dealt with as the appeal court shall direct.