as far as respects the granting of the Patent; and if either of the applicants shall refuse or fail to choose an Arbitrator, when required so to do by the Secretary of the Province, the Patent shall issue to the opposite party; and when there shall be more than two interfering applicants, and the parties applying shall not all unite in appointing three Arbitrators, it shall be in the power of the said Secretary of the Province or his Deputy, or person appointed to perform the duty of that office, to appoint the three Arbitrators for the purposes aforesaid.

Fees to be paid on ob

taining a Patent.

X. And be it enacted, That every applicant as aforesaid, presenting a petition and signifying his desire to obtain a Patent pursuant to this Act, and the Act cited in the preamble to this Act, shall pay into the hands of the Secretary of the Province, or his Deputy, or person appointed to perform the duty of that office, the fee of Five Pounds Currency, which shall be in full of all fees due and payable by any such person petitioning for a Patent as aforesaid, with respect to such Patent, and for all services by what Public Officer soever performed, in relation thereto, whether by such Provincial Secretary, or any other: Provided always, that for every copy or Proviso as to copies, exemplification which may be required at the office of the said Secretary, of the exemplifications, drawings, &c. enrolment of any such Patent, or of the specification or other document relating thereto, the person obtaining such copy shall pay at the rate of One Shilling for every folio of seventy-two words, and a further sum of Ten Shillings for affixing the Great Seal to the exemplification of any such Patent; and for every copy of any drawing relating to such Patent, the party entitled to and obtaining the same, shall pay such sum as the Provincial Secretary, or his Deputy, or person performing his duty as aforesaid, shall consider a reasonable compensation for the time and labor expended thereon.

Provisions of this Act extended to travellers from foreign countries.

bringing inventions

XI. Provided always, and be it enacted, That the privileges, clauses, provisions, powers and legal remedies intended and mentioned by this Act, which are secured to, imposed upon, and apply to the inventor and discoverer of any new and useful art, machine, manufacture, or composition of matter, for which he or she shall make application for a Patent, shall be construed to extend to and to include, and are hereby declared to extend to and include any subject of Her Majesty, being an inhabitant of this Province, who shall in his or her travels in any foreign country have discovered or obtained a knowledge of, and be desirous of introducing in this Province, any new and useful art, machine, manufacture, or composition of matter, not known or not in use in this Province, before his or her application for the same: Provided nevertheless, Proviso. that nothing herein contained shall extend to inventions or discoveries of any new and Certain Countries useful art, machine, manufacture, or composition of matter, made, discovered or used excepted. in the United States of America, or in any part of Her Majesty's Dominions, in Europe or America, or be construed to prevent the free importation thereof into this Province, for sale, by any person or persons, or for their use or otherwise, from the United States or Her Majesty's said Dominions.

XII. Provided always, and be it enacted, That such person so desirous of introducing into this Province any invention, art, machine, manufacture, or composition of matter, which he or she shall have discovered or obtained a knowledge of in any foreign country, shall, previous to obtaining a Patent for the same, in the manner prescribed in this Act as to inventors and discoverers, make a solemn declaration, that he or she believes himself or herself to be the first introducer or publisher of such invention, art, machine, manufacture, or composition of matter, in this Province, and that he discovered or obtained a knowledge thereof while on his travels in some foreign country, not being one of the United States of America, or any of Her Majesty's Dominions in Europe or America.

XIII. And be it enacted, That all the provisions and enactments of the Act cited in the preamble to this Act, shall apply to Patents issued under this Act, as fully and effectually as to Patents issued under either of the Acts hereby repealed, and the said Act shall, with regard to Patents to be issued hereafter, be construed and have effect as if this Act were referred to in the said Act wherever reference is therein made to 246 the

Proviso: such person

to make a solemn de lieves himself to be the first introducer.

claration that he be

Act cited in the
Preamble to apply to

Patents under this

Act.

And this Act to Patents obtained under

the Acts hereby repealed or either of them; and the provisions of this Act relative to either of the said Acts, matters subsequent to the issuing of any Letters Patent, shall apply to Letters Patent issued under either of the Acts hereby repealed, as fully as to Letters Patent issuing after the passing hereof: Provided always, that the words "or the principle thereof," in the first section of the Act cited in the Preamble, shall be and are hereby repealed.

Proviso.

Preamble.

How sureties of

Public Officers may relieve themselves

bility.

CAP. LXXX.

An Act to provide for the Discharge of Sureties for Public Officers in certain cases. [ 30th August, 1851. ]

WHEREAS it is expedient to provide for the Discharge of Sureties for Public Officers, when no longer disposed to continue to incur responsibility as such: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That when any person shall have become Surety to the Crown for the due accounting for public moneys, or the proper performance of any public duty, it shall be lawful from further responsi- for such person, when no longer disposed to continue such responsibility, to give notice thereof to his Principal, and also to the Secretary of the Province, and that all accruing responsibility on the part of such person as such Surety, shall cease at the expiration of one month from the receipt of the last of such notices; and the Principal shall, within that period, give the security of another Surety, and register and deposit the Bond of such new Surety, or in default of so doing, shall forfeit and be deprived of the Appointment, Office, Employment or Commission in respect whereof such new security ought to have been given, in like manner, and under and subject to like provisions as are set forth and contained in the Act passed in the Session held in the fourth and fifth Act 4 & 5 Vict. c. 91 years of Her Majesty's Reign, chaptered ninety-one, and intituled, An Act to regulate the taking of Securities in all Offices in respect of which security ought to be given, and for avoiding the grant of all such Offices, in the event of such security not being given within the time limited after the grant of such Office.

New sureties to be found.

Preamble,

Notwithstanding any

thing to the contrary

in 12 Vict c 16, Local and Private Acis

to be distributed in equal numbers. Proviso.

CAP. LXXXI.

An Act to repeal 'part of the Act therein mentioned, relative to the Printing and
Distribution of the Provincial Statutes.

WH

[ 30th August, 1851. ]

HEREAS it is deemed inexpedient that the Private and Local Acts of the Legislature should not be distributed in the same numbers, and to the same extent, as the Public General Acts: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That for and notwithstanding any thing to the contrary in the Act passed in the twelfth year of Her Majesty's Reign, and intituled, An Act to amend the law relative to the Printing and Distribution of the Provincial Statutes, all Local Acts, and Private and Personal Acts, shall be printed and distributed in the same numbers and to the same Functionaries as the Public General Acts; Provided always, that nothing herein contained shall be construed to exempt the parties obtaining Private

Private or Personal Acts from furnishing, at their own cost, to the Provincial
Government, the one Hundred and Fifty copies required by the said Act.

New form to be used for those passed after

the present Session.

II. And be it enacted, That each volume of the Provincial Statutes, distributed Statutes to be bound. under the Act aforesaid, shall be half-bound in cloth, with backs of White Sheep, and lettered; and that with regard to the Statutes to be passed in any Session after the present, the present form of printing shall be abandoned, and they shall be printed in Royal Octavo Form, on fine paper, in Small Pica Type, thirty-two ems by fifty-five ems, including marginal notes in Brevier, such notes referring to the volume and page of previous Statutes, whenever the text amends, repeals or changes the enactments of former years.

BE

CAP. LXXXII.

An Act for the regulation of Pawnbrokers and Pawnbroking.

[ 30th August, 1851. ]

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and License. consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That every person exercising the trade of a Pawnbroker, within this Province, shall take out a license, under the hand of the Governor, to be issued by the Revenue Inspectors, and shall renew the same annually, on pain of forfeiting Fifty Pounds for every pledge taken without such license, to be recovered in any of Her Majesty's Courts in this Province.

II. And be it enacted, That upon every license to be taken out yearly for using or Duty on License. exercising the trade or business of a Pawnbroker within this Province, there shall be paid the sum of Fifteen Pounds currency, into the hands of the Collector of Customs, nearest the residence of the said Pawnbroker, to be accounted for to the Receiver General, for the uses of this Province.

no more than one house.

III. And be it enacted, That no person shall keep more than one house or shop, or Licence to extend to place for taking in goods to pawn, by virtue of one license, but persons in partnership carrying on trade as Pawnbrokers together, in one house, shop or place, need only take out one license for one house.

who shall be deemed

IV. And be it enacted, That all persons who shall receive or take by way of pawn, pledge or exchange of or from any person any goods for the repayment of money lent Pawnbrokers. thereon, shall be deemed Pawnbrokers within the intent and meaning of this Act, and shall take out a license for the same accordingly.

V. And be it enacted, That every Pawnbroker shall cause his name and the word "Pawnbroker" to be painted or written in large legible characters over the door outside of the shop, or other place used by him for carrying on such business, on pain of forfeiting Ten Pounds for every shop or place made use of for one week without having the same so put up; to be recovered with costs, on confession, or by oath or affirmation of one witness, before any two Justices of the Peace, and if not forthwith paid, upon conviction, may be levied by distress and sale, by Warrant under the hands and seals of two Justices of this Province, one half to the informer, the other half to the Queen; and if there be not a sufficient distress, or payment be not forthwith made, the offender to be committed to the County or District Gaol, for not exceeding three calendar months nor less than fourteen days, unless such penalty and reasonable charges shall be sooner paid.

Name of Pawnbroker
to be placed outside
of business.

of his shop or place

VI. And be it enacted, That every Pawnbroker may demand and take the Rate of profit to be following rates over and above the principal sum advanced, before he shall be obliged taken. to redeliver the goods pawned, that is to say, for every pledge upon which there shall

246 *

have

When any intermediate sum is lent.

Profits for part of a month.

In case of fractional

sums.

Table of the rates to be put up.

An account of goods pawned to be entered in a Book.

ng to be number.

have been lent not exceeding Two Shillings and Six Pence current money of this Province, one Half-penny for any time not exceeding one calendar month, and the same for every calendar month afterwards, including the current month in which such pledge shall be redeemed, although such month shall not be expired:

If Five Shillings currency shall have been lent thereon, One penny;

If Seven Shillings and Six Pence, One Penny Half-penny;

If Ten Shillings, Two Pence;

If Twelve Shillings and Six Pence, Two Pence Half-penny;

If Fifteen Shillings, Three Pence;

If Seventeen Shillings and Six Pence, Three Pence Half-penny;
If One Pound, Four Pence ;

And so on progressively and in proportion for every Pound up to Five Pounds, and if
exceeding Five Pounds, after the rate of Three Pence for every Twenty Shillings by the
calendar month, and so on in proportion for any fractional sum, which said several sums
shall be in lieu of, and taken as, a full satisfaction for all interest due and charges for
warehouse room.

VII. And be it enacted, That where any intermediate sum lent upon pawn shall exceed Two Shillings and Six Pence, and not exceed Five Pounds, the Pawnbroker lending the same may take a profit as aforesaid, at the rate of Four Pence, and no more, for the loan of Twenty Shillings by the calendar month, including the current month as aforesaid. VIII. And be it enacted, That the party entitled to, and applying for, the redemption of goods pawned within fourteen days after the end of the first calendar month after the same shall have been pledged, may redeem such goods upon paying the rate or profit payable for one calendar month and a half, but if after the expiration of the first fourteen days, and before the end of the said second calendar month, the Pawnbroker may take a rate or profit of the whole second calendar month, and the like regulation and restriction shall take place in every subsequent calendar month wherein application shall be made for redeeming goods pawned.

IX. And be it enacted, That in all cases where the lowest fraction of the sum to be received by any Pawnbroker from persons offering to redeem goods shall be less than one Half-penny, such Pawnbroker shall be permitted to receive the Half-penny for the said fraction from the person redeeming the goods.

X. And be it enacted, That every Pawnbroker shall cause to be painted or printed in large legible characters the rate of profit allowed by this Act to be taken, and also the various prices of the notes or memorandums to be given according to the rates hereinafter mentioned, and an account of such as are to be given gratis, and of the expense of obtaining a second note or memorandum where the former one has been lost, mislaid, destroyed or fraudulently obtained, and place the same in a conspicuous part of the shop or place where such business is carried on, so as to be visible to and legible by persons pledging goods.

XI. And be it enacted, That every Pawnbroker who shall take any goods by way of pawn or pledge, whereon shall be lent above Five Shillings, shall, before he advance or lend any money thereon, enter in a fair and regular manner in a Book to be kept by him for that purpose, a description of such goods so received in pawn, pledge or exchange, and the sum lent thereon, with the day and year, and name of the person by whom they were pawned, and the name of the street and number of the house, if numbered, where such person shall abide, and whether he or she be a lodger in or keeper of such house, by using the letter L if a lodger, and the letter H if a housekeeper, and also the name and place of abode of the owner, according to the information of the person so pawning the same, into all which circumstances he is required to enquire of the party before any money shall be advanced, and if the sum lent shall not exceed Five Shillings, such entry shall be made within four hours after the said goods shall have been pawned, and every pledge upon which shall be lent above Ten Shillings, shall be entered in a Book to be kept for that purpose, and be kept separate from all other pledges, and every such entry shall be numbered in such Book

Book progressively as such goods are pawned in the following manner, viz: the first pledge that is received in pawn No. 1, the second No. 2, and so on progressively until the end of the month, and so on in every succeeding month throughout the year, and upon every note respecting such pledge shall be written the number of entry of such pledge so entered in such Book aforesaid; and at the time of taking every pawn, a note Note or Duplicate to or memorandum written or printed shall be given to the person pawning, pledging or be given. exchanging the same, containing a description of such goods received in pawn, pledge or exchange, and also the money advanced thereon, with the day of the month and year, and names and places of abode, and numbers of the houses of the parties, and whether lodgers or housekeepers, by using the letters aforesaid, and upon such note or memorandum, or on the back thereof, shall be written or printed the name and place of abode of such Pawnbroker, which note or memorandum the party pawning such

goods is required to take, and unless he shall take the same, such Pawnbroker shall Allowance for such not receive and retain such pledge, and such note, when the sum lent is under Five duplicate. Shillings, shall be given gratis.

If the sum lent is Five Shillings and under Ten Shillings, such Pawnbroker may take One Half Penny;

If the sum lent is Ten Shillings and under Twenty Shillings, such Pawnbroker may take One Penny;

If the sum lent is Twenty Shillings and under Five Pounds, such Pawnbroker may take Two Pence;

If the sum lent is Five Pounds and upwards, such Pawnbroker may take Four Pence;

Which note shall be produced to the Pawnbroker before he shall be obliged to re-deliver such goods, except as hereafter is excepted, and a duplicate of the said note or memorandum shall be affixed to the goods pledged, and in all cases where goods pawned shall be redeemed, the Pawnbroker shall write or indorse, or cause so to be done, on every duplicate, the profit taken by him for such pledge, and shall keep such duplicate in his custody for one year next following.

XII. And be it enacted, That if any person shall knowingly and designedly pawn, pledge or exchange, or unlawfully dispose of the goods of any other person, not being employed or authorized by the owner so to do, any Justice of the Peace resident at the place nearest to the place where the offence is committed, may grant his Warrant to apprehend such offender; and if he shall be thereof convicted by the oath of one witness, or confession, before any Justice of this Province, he or she shall forfeit not more than Five Pounds, nor less than Twenty Shillings current money of this Province, and also the value of the goods so pawned, and if not forthwith paid, the Justice convicting shall commit him to the common Gaol of the District or County where the offence was committed, there to remain and be kept to hard labor for not more than three calender months, unless the forfeiture shall be sooner paid; the said forfeitures when recovered to be applied towards making satisfaction thereout to the party injured, and defraying the costs of the prosecution, as shall be adjudged reasonable by the Justice who shall have convicted.

Profits taken to be endorsed on dupli

cates.

Pawning goods the property of others.

Penalty.

Punishment for forg ing or

XIII. And be it enacted, That if any person shall counterfeit, forge, or alter any counterfeiting such note or memorandum given by the Pawnbroker for goods pledged, or cause or duplicates. procure the same to be done, or shall utter, vend, or sell such note or memorandum, knowing the same to be counterfeited, forged or altered, with intent to defraud any person, such offender shall be punished as hereafter mentioned; and any person to whom any note or memorandum aforesaid shall be uttered, shown or offered, which he shall have reason to suspect to have been counterfeited, may seize the person so offering the same, and deliver him to a Bailiff or Constable, who shall convey him before some Justice of the place where such offence shall have been committed, or nearest thereto, and if upon examination it shall appear to the satisfaction of such Justice that such person is guilty, he shall commit such person to the Common Gaol of such District or County for any time not exceeding three calendar months.