Page images
PDF
EPUB

Cape Race Lighthouse Act, 1886.

of Canada are willing to accept the transfer of the said lighthouse and its appurtenances and to maintain the same for all time at the expense of the revenues of Canada without any dues being in future charged in respect thereof; and whereas it is expedient to authorize such transfer: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, as follows:

Short title.

1. This Act shall be cited as the Cape Race lighthouse Act, 1886.

Provision for transfer of Cape Race lighthouse.

2. When the Parliament of Canada have passed an Act providing to the satisfaction of the Board of Trade for the maintenance of Cape Race lighthouse and the appurtenances thereof for all future time at the expense of the revenues of Canada, and without any charge of dues in respect thereof, the Board of Trade may, in such manner as they think expedient, transfer Cape Race lighthouse and its appurtenances to the Dominion of Canada as from the date named in the transfer, hereafter referred to as the date of the transfer :

(2.) Such transfer shall be effectual to vest, as from the date of the transfer, in Her Majesty, her heirs and successors, for the public service of the Government of Canada in relation to lighthouses and signals, the said lighthouse and the land described in the schedule to this Act, and all dwellings, buildings, ponds, signals and apparatus connected therewith, and all other land and all rights of water and other rights heretofore used and enjoyed therewith, and all the other appurtenances thereof, for all the estate and interest therein, either of the Board of Trade or of Her Majesty, or any body corporate, person or persons in trust for Her Majesty or for the Board of Trade or for any public service:

(3.) Upon such transfer Her Majesty's Paymaster-General shall pay to or for the use of the Government of Canada, in such manner as the Board of Trade may direct, such portion of the moneys held by him on account of dues levied in respect of the said lighthouse as the Board of Trade may certify to be the net balance after payment of all expenses of maintaining the said lighthouse and the appurtenances thereof up to the date of the transfer, and of such gratuities to the existing lighthouse and fog signal staff as the Board

Cape Race Lighthouse Act, 1886.

of Trade may direct, in the event of the services of such staff not being required by the Government of Canada after the date of the transfer:

(4.) From and after the date of the transfer all liability of the Board of Trade to maintain the said lighthouse or signals or other appurtenances thereof shall cease.

3. Any Bill passed by the Houses of the Parliament of Can- Amendment ada which in any way impairs the obligation of the Govern- Act respectment of Canada to maintain the said lighthouse and appur- ing Cape

Race lighttenances, or impairs the validity of the charge on the rev- house. enues of Canada for that maintenance, shall be reserved for the signification of the Queen's pleasure.

SCHEDULE.

Description of land used and enjoyed in connection with

Cape Race lighthouse :

The land is bounded by a line beginning from a point on the sea coast at the landing cove, and running from thence in a westerly direction to the watercourse which supplies the ponds from whence the water supply for the lighthouse is taken, thence running from the watercourse along its westerly margin and along the westerly margin of the ponds and the westerly margin of the connecting watercourses of the ponds, down to the sea at a place known as Crane Cove, and thence by the sea coast to the point of departure.

UTTAWA: Printed by Brown CHAMBERLIN, Law Printer (for Canada) to the

Queen's Most Excellent Majesty.

[graphic][merged small][merged small]

An Act to amend the law respecting International and
Colonial Copyright.

[25th June, 1886.]
WI
HEREAS by the International Copyright Acts Her
Majesty is authorized, by Order in Council

, to direct that as regards literary and artistic works first published in a foreign country, the author shall have copyright therein during the period specified in the order, not exceeding the period during which authors of the like works first published in the United Kingdom have copyright; and whereas at an international conference held at Berne in the month of September, one thousand eight hundred and eighty-five, a draft of a convention was agreed to for giving to authors of literary and artistic works first published in one of the countries, parties to the convention, copyright in such works throughout the other countries parties to the convention; and whereas, without the authority of Parliament such convention cannot be carried into effect in Her Majesty's dominions, and consequently Her Majesty cannot become a party thereto; and it is expedient to enable Her Majesty to accede to the convention : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the

authority of the same, as follows:Short title 1. (1.) This Act may be cited as the International Copyand construc

right Act, 1886.

(2.) The Acts specified in the first part of the first schedule to this Act are in this Act referred to and may be cited by the short titles in that schedule mentioned, and those Acts, together with the enactment specified in the second part of the said schedule, are in this Act collectively referred to as the International Copyright Acts.

The Acts specified in the second schedule to this Act may be cited by the short titles in that schedule mentioned, and

tion.

International Copyright Act, 1886.

those Acts are in this Act referred to and may be cited collectively as the Copyright Acts.

(3.) This Act and the International Copyright Act shall be construed together and may be cited together as the International Copyright Acts, 1844 to 1886.

2. The following provisions shall apply to an Order in Amendments Council under the International Copyright Acts :

and effect of order under

International (1.) The order may extend to all the several foreign Copyright countries named or described therein:

Acts.

as to extent

(2.) The order may exclude or limit the rights conferred by the International Copyright Acts in the case of authors who are not subjects or citizens of the foreign countries named or described in that or any other order; and if the order contains such limitation and the author of a literary or artistic work first produced in one of those foreign countries is not a British subject nor a subject or citizen of any of the foreign countries so named or described, the publisher of such work, unless the order otherwise provides, shall, for the purpose of any legal proceedings in the United Kingdom for protecting any copyright in such work, be deemed to be entitled to such copyright as if he were the author; but this enactment shall not prejudice the rights of such author and publisher as between themselves :

(3.) The International Copyright Acts and an order made thereunder shall not confer on any person any greater right or longer term of copyright in any work than that enjoyed in the foreign country in which such work was first produced.

3. (1.) An Order in Council under the International Simultaneous Copyright Acts may provide for determining the country publication. in which a literary or artistic work first produced simultaneously in two or more countries is to be deemed for the purpose of copyright to have been first produced, and for the purposes of this section “country” means the United Kingdom and a country to which an order under the said Acts applies :

(2.) Where a work produced simultaneously in the United Kingdom and in some foreign country or countries is, by virtue of an Order in Council under the International Copyright Acts, deemed for the purpose of copyright to be first produced in one of the said foreign countries and not in the United Kingdom, the copyright in the United Kingdom

International Copyright Act, 1886.

shall be such only as exists by virtue of production in the said foreign country, and shall not be such as would have been acquired if the work had been first produced in the

United Kingdom. Modification

4. (1.) Where an order respecting any foreign country is of certain provisions of made under the International Copyright Acts the provisions International of those Acts with respect to the registry and delivery of Copyright Acts. copies of works shall not apply to works produced in such

country except so far as provided by the order.

(2.) Before making an Order in Council under the International Copyright Acts in respect of any foreign country Her Majesty in Council shall be satisfied that that foreign country has made such provisions (if any) as it appears to Her Majestyø expedient to require for the protection of authors of works first produced in the United Kingdom

Restriction on translation.

5. (1.) Where a work, being a book or dramatic piece, is first produced in a foreign country to which an Order in Council under the International Copyright Acts applies, the author or publisher, as the case may be, shall, unless otherwise directed by the order, have the same right of preventing the production in and importation into the United Kingdom of any translation not authorized by him of the said work as he has of preventing the production and importation of the original work :

(2.) Provided that, if after the expiration of ten years, or any other term prescribed by the order, next after the end of the year in which the work, or in the case of a book published in numbers, each number of the book, was first produced, an authorized translation in the English language of such work or number has not been produced, the said right to prevent the production in and importation into the United Kingdom of an unauthorized translation of such work shall

cease.

(3.) The law relating to copyright, including this Act, shall apply to a lawfully produced translation of a work in like manner as if it were an original work:

(4.) Such of the provisions of the International Copyright Act, 1852, relating to translations as are unrepealed by this Act, shall apply in like manner as if they were re-enacted in this section.

Application 6. Where an Order in Council is made under the Inisting works. ternational Copyright Acts with respect to any foreign

« PreviousContinue »