Time for construction limited. notice thereof shall be given by the Company in The Canada Gazette, and the production of The Canada Gazette containing such notice shall be prima facie evidence of the requirements of this Act having been complied with. 16. If the construction of the railway is not commenced and fifteen per cent of the amount of the capital stock is not expended thereon within two years after the passing of this Act, or if the railway is not finished and put in operation within five years after the passing of this Act, the powers of construction granted by this Act or by The Railway Act shall cease and be null and void as respects so much of the railway as then remains uncompleted. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 113. An Act to confer on the Commissioner of Patents certain powers for the relief of John Westren. WHEREAS [Assented to 15th May, 1902.] WHEREAS John Westren, of the city of Toronto in the Preamble. province of Ontario, has, by his petition, represented that he is the holder and owner of letters patent, issued under the seal of the Patent Office, dated the twenty-eighth day of February, one thousand eight hundred and ninety-four, for new and useful improvements in pneumatic tires, being patent number forty-five thousand four hundred and forty-nine, and of letters patent under the seal of the Patent Office, dated the eleventh day of July, one thousand eight hundred and ninetyfour, for new and useful improvements in bicycle tires, being patent number forty-six thousand five hundred and sixty-one; that on or before the expiration of the first six years of each of the said letters patent, which were granted for a term of eighteen years, only the partial fee for the first six years being paid upon the issue of each of said letters patent, the said John Westren was entitled, upon application therefor, to a certificate of payment of the additional fee provided R.S.C., a 61, by section 22 of The Patent Act, chapter 61 of the Revised s. 22. Statutes, as amended by section 5 of chapter 24 of the statutes 1892, c. 24, of 1892, and section 3 of chapter 34 of the statutes of 1893; s. 5. that the said John Westren and The Graham Tire Company, 1893. c. 34, Limited, have invested large sums in purchasing the said patents and in the perfecting of the details of the manufacture of the said two inventions and in the extension and advertising of the business dealing in the tires covered by the said letters patent; that the said John Westren inadvertently omitted to make such an application before the expiration of the first six years of each of the said letters patent owing to the fact that the said John Westren had not in his possession either of the said two letters patent, and in good faith believed that the said two patents had eighteen years to run, and a short time prior to the date of the said petition, and so soon as the said John Westren was advised that the said omission could be cured, he forthwith made application to pay the said fees on VOL. II-16 the 241 Commissioner of Patents may extend duration of the said two patents, at which date such application could not be entertained, as the Commissioner of Patents could not then accept the additional fee and grant the certificate of payment thereof; and whereas the said John Westren has, by his petition, prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Notwithstanding anything to the contrary in The Patent Act, or in the two letters patent mentioned in the preamble, the Commissioner of Patents may receive from John Westren letters patent. the application for a certificate of payment and the usual fees upon the said two letters patent for the remainder of the term of eighteen years from the date of each of the said patents, and may grant and issue to the said John Westren the certificate of payment of fees provided by The Patent Act and an extension of the period of the duration of the said two letters patent to the full term of eighteen years each, in as full and ample a manner as if the application therefor had been duly made within the first six years of the said two letters patent from the respective dates of issue of the said two letters patent. Rights of third persons 2. If any person has, in the period between the twentysaved. eighth day of February, one thousand nine hundred, and the extension hereby authorized of the said letters patent numbered forty-five thousand four hundred and forty-nine, or within the period between the eleventh day of July, one thousand nine hundred, and the extension hereby authorized of the said letters patent numbered forty-six thousand five hundred and sixty-one, commenced to manufacture, use and sell in Canada the inventions covered by the said letters patent respectively, such person may continue to manufacture, use and sell such inventions, in as full and ample a manner as if this Act had not been passed: Provided always, that such rights, if any, hereby preserved to third persons shall be without prejudice to the rights of the said John Westren to prevent such manufacture, use and sale under his rights and privileges covered by letters patent numbered fifty-seven thousand one hundred and eighty-four, and confining the rights, if any, of the said persons to such manufacture, use and sale of bicycle tires. shown in the drawings attached to the claims filed with the Commissioner of Patents prior to the issue of the two first mentioned letters patent. Proviso. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 114. An Act respecting the Windsor and Detroit Union. [Assented to 15th May, 1902.] WE HEREAS the Windsor and Detroit Union Bridge Com- Preamble. pany has, by its petition, prayed that it be enacted as hereinafter set forth, and it is expedient to grant the prayer of the said petition: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section 32 of chapter 120 of the statutes of 1898 is 1898, c. 120. repealed. 2. The times limited for the commencement and completion Time for of the bridge which, by chapter 120 of the statutes of 1898, construction the Windsor and Detroit Union Bridge Company was authorized to construct, are extended as follows: The work shall be commenced within two years after an Act of the Congress of the United States has been passed consenting to or approving of the construction, maintenance and operation of the said bridge across the Detroit River, or within two years after the Executive of the United States, or other competent authority, has consented to or approved of such bridge, and shall be completed within five years after such commencement, otherwise the powers granted by this Act shall cease and be null and void as respects so much of the undertaking as then remains uncompleted; provided, however, that if such consent is not obtained within five years after the passing of this Act, the powers granted for the construction of the said bridge and works shall cease and be null and void. limited. OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. |