CHAP. 33. An Act to amend the Patent Act. [Assented to 28th August, 1891.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: : 8. 37 amended. 1. The sub-section substituted by section two of the Act R.S.C., c. 61, fifty-third Victoria, chapter thirteen, for sub-section one of section thirty-seven of "The Patent Act," chapter sixty-one of the Revised Statutes, is hereby amended by striking out therefrom the words "and at the relation of any person interested," and substituting therefor the words "or at the suit of any person interested." OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most R.S.C., c. 62, 54-55 VICTORIA. CHAP. 34. An Act to amend the Copyright Act. [Assented to 28th August, 1891.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: HE 1. Section nineteen of "The Copyright Act," chapter sixtytwo of the Revised Statutes, as amended by the Act fifty-third Victoria, chapter twelve, is hereby further amended by striking out of sub-section three the words "and at the relation of any party interested," and substituting therefor the words “or at the suit of any person interested." OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. 35. An Act further to amend the Act respecting Trade [Assented to 10th July, 1891.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: ss. 11, 12 and 1. Sections eleven, twelve and thirty-three of" An Act res- R.S.C., c. 63, pecting Trade Marks and Industrial Designs," chapter sixty- 33 repealed. three of the Revised Statutes, are hereby repealed, and the following enacted in lieu thereof: "1. The Minister of Agriculture may refuse to register When Minisany trade mark in the following cases : "(a.) If he is not satisfied that the applicant is undoubtedly entitled to the exclusive use of such trade mark; "(b.) If the trade mark proposed for registration is identical with or resembles a trade mark already registered; "(c.) If it appears that the trade mark is calculated to deceive or mislead the public; "(d.) If the trade mark contains any immorality or scandalous figure; "(e.) If the so-called trade mark does not contain the essentials necessary to constitute a trade mark, properly speaking. ter may refuse to register a trade mark. Court. "2. The Minister of Agriculture may, however, if he thinks Reference to fit, refer the matter to the Exchequer Court of Canada, and in Exchequer that event such court shall have jurisdiction to hear and determine the matter, and to make an order determining whether Jurisdiction of and subject to what conditions, if any, registration is to be Court. permitted. Court as to en "12. The Exchequer Court of Canada may, on the infor- Jurisdiction of mation of the Attorney-General, or at the suit of any person tries in regis aggrieved by any omission, without sufficient cause, to make ter. any entry in the register of trade marks, or by an entry made therein without sufficient cause, make such order for making, expunging or varying the entry as the court thinks fit, or the court may refuse the application, and in either case may make such order with respect to the costs of the proceedings as the Costs. court thinks fit: Rectification of register. Alterations of trade marks. Notice to Minister. Procedure on orders of court. Jurisdiction of Court as to industrial de signs. 53 V., c. 14, repealed. "2. The said court may, in any proceeding, under this section, decide any question that may be necessary or expedient to decide for the rectification of such register: "3. The registered proprietor of any registered trade mark may apply to the Exchequer Court of Canada for leave to add to or alter such mark in any particular, not being an essential particular, and the court may refuse or grant leave on such terms as it may think fit: 4. Notice of any intended application to the court under the last preceding sub-section of this section shall be given to the Minister of Agriculture, and he shall be entitled to be heard on the application: "5. A certified copy of every order of the court for the making, expunging or varying of any entry in the register of trade marks, or for adding to or altering any registered trade mark shall be transmitted to the Minister of Agriculture by the registrar of the court, and such register shall thereupon be rectified or altered in conformity with such order, or the purport thereof shall otherwise be duly entered in the register, as the case may be. "33. The Exchequer Court of Canada shall, in respect of the register of industrial designs, have jurisdiction in a like proceeding and manner as herein before provided in respect of the register of trade marks, to make orders for the making, expunging or varying any entry in such register of industrial designs, or for adding to or altering any industrial design." 2. The Act 53 Victoria, chapter 14, intituled "An Act to amend the Act respecting Trade Marks and Industrial Designs,” is hereby repealed. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. 36. An Act respecting the Shipping of Live Stock. [Assented to 30th September, 1891.] HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Live Stock Shipping Short title. Act." 2. In this Act, unless the context otherwise requires(a.) The expression "Minister means the Minister of Marine and Fisheries; (b.) The expression "inspector" the purposes of this Act only; Interpreta- means an inspector for "Inspector.” (c.) The expression "certificate means a certificate issued "Certificate." under and for the purposes of this Act only; (d.) The expression" ship" means any vessel used in navi- "Ship.” gation; and the expression" ship carrying live stock" means any ship employed in carrying live stock from any port or “Ship carryplace in Canada to any port or place out of Canada, not being ing live a port or place in the United States of America, or in Newfoundland, or in St. Pierre or Miquelon, or in Bermuda, or in any of the West Indian Islands, or in Mexico, or in South America. stock." by Governor 3. The Governor in Council may make rules and regulations Regulations for the health, security and safe carriage of live stock on ships; in Council. and such rules and regulations shall be published in the Canada Gazette, and shall have the force of law from the date of their publication or from such later date as is therein appointed for their coming into force. appointment 4. The Governor in Council may appoint inspectors and Inspectors, determine the remuneration to be paid them out of the and remunerafees collected under the provisions of this Act; and any fees tion of. collected by an inspector in excess of the amount of the remuneration so determined shall be paid over by him to the Minis |