CHAP. III. An Act to revive certain Patents of the Nichols Copper Company. [Assented to 12th April, 1907.] WHEREAS the Nichols Copper Company, of Laurel Hill, Preamble. Queen's County, in the state of New York, one of the United States of America, has by its petition represented that it is the holder and owner of certain patents issued under the seal of the patent office, namely, patent number 53,316, dated August 24th, 1896, for improvements in roasting furnaces; patent number 63,517, dated July 28th, 1899, for improvements in roasting furnaces; patent number 72,790, dated August 20th, 1901, for improvements in metal casting apparatus; patent number 82,283, dated August 4th, 1903, for improvements in ore roasting furnaces; and whereas the said Company has 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: declared to R.S., 1886, c. 61;1903, c. 46. R.S., 1906, c. 69. 1. Notwithstanding anything in The Patent Act, chapter 61 Patents of the Revised Statutes, 1886, as amended by chapter 46 of the be still in statutes of 1903, or in The Patent Act, chapter 69 of the Revised force. Statutes, 1906, or in the patents mentioned in the preamble, the said patents are declared not to have become null and void and not to have ceased and determined under paragraph (a) of section 4 of chapter 46 of the statutes of 1903; but any of the said patents shall become null and void and shall cease and determine, if within six months after the passing of this Act the manufacture of the invention patented under that patent is not Manufacture commenced and after such commencement is not continuously commenced carried on in Canada in such a manner that any person desiring within six to use it may obtain it or cause it to be made for him at a reasonable price at some manufactory or establishment for making or constructing it in Canada. to be months. Commissioner of Patents may make order respecting conditions as to 2. Notwithstanding anything in The Patent Act, chapter 61 of the Revised Statutes, 1886, as amended by chapter 46 of the statutes of 1903, or in The Patent Act, chapter 69 of the Revised Statutes, 1906, or in this Act, or in the patents mentioned in the manufacture. preamble of this Act, the Commissioner of Patents may, within six months after the passing of this Act, receive petitions for the making of, and, if in his discretion he thinks proper, may grant orders under section 44 of the said chapter 69, that such patents, or any of them, instead of being subject to the conditions set forth in paragraph (a) of section 38 of the said chapter 69, or in this Act, shall be subject to the conditions set forth in paragraphs (a), (b), (c) and (d) of the said section 44. Savings clause as to rights of persons commencing manufacture, etc., at a time when but for this Act, the patents would have been null. 3. If, in the period between the expiry of two years from the date of each of the said patents and the twelfth day of January, 1907, any person, other than any licensee, has commenced to manufacture, use and sell in Canada any of the patented inventions covered by the said patents respectively, such person may continue to manufacture, use and sell such invention in as full and ample a manner as if this Act had not been passed; provided that this exemption shall not extend to any person who, without the consent of the holder of such patent, has commenced the construction and manufacture of the said invention before the expiry of the patent. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 112. An Act to incorporate the Nipissing Central Railway WHEREAS Company. [Assented to 12th April, 1907.] HEREAS a petition has been presented praying that it Preamble. 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: tion. 1. James William Fitzpatrick and Francis R. Latchford, both Incorporaof the city of Ottawa, in the province of Ontario, George Ferdinand Duncan of the city of Portland, in the state of Maine, one of the United States, Benjamin Franklin Pearson of the city of Halifax, in the province of Nova Scotia, Arthur George Browning of the town of North Bay, Herbert L. Dunn of the city of Toronto, George Taylor of the town of New Liskeard, and Michael J. O'Brien, of the town of Renfrew, in the province of Ontario, and John Jay Whipple of the city of Brockton, in the state of Massachusetts, one of the United States, together with such persons as become shareholders in the company, are Corporate incorporated under the name of "The Nipissing Central Railway Company," hereafter called "the Company." name. 2. The persons named in section 1 of this Act are constituted Provisional provisional directors of the Company. directors. stock. 3. The capital stock of the Company shall be three million Capital dollars. No one call thereon shall exceed ten per cent on the shares subscribed. 4. The head office of the Company shall be in the city of Head office. Ottawa, in the province of Ontario. Annual Number of directors. Line of railway. described. Issue of securities. Telegraphs and telephones. 5. The annual meeting of the shareholders shall be held on the first Tuesday in September. 6. The number of directors shall be not less than five nor more than nine, one or more of whom may be paid directors. 7. The Company may lay out, construct and operate a railway of the gauge of four feet eight and one-half inches, (a) extending from a point in or near the town of Latchford, in the district of Nipissing, in the province of Ontario, thence through the townships of Coleman, Bucke, Dymond, Harris and Casey to a point on or near Blanche River, thence in a northerly direction to a point at or near Windigo Lake, thence in a northeasterly direction to a point on the line of the Grand Trunk Pacific Railway in the province of Quebec at or near the Mattagami River; also, (b) extending from Latchford in a course following the Montreal River through the townships of Coleman, Barr, Lundy, Auld, Cane, Barber, Tudhope, James, Smyth and Willison, and thence in a northerly direction, by the most direct line, to a point on the line of the Grand Trunk Pacific Railway; also, (c) extending from Latchford in a southerly direction to a point at or near Temagami Station; also, (d) extending from a point in or near New Liskeard in the said district of Nipissing in a westerly direction through the townships of Dymond, Hudson, Lundy and Auld to meet the line above described as (b); also, (e) extending from a point at or near Windigo Lake on the line above described as (a) in a westerly direction to the line of the Temiskaming and Northern Ontario Railway; also, (f) extending from a point in or near New Liskeard in a northwesterly direction through the townships of Kearns, Armstrong, Evanturel, Beauchamp and Dack to Charlton; also, (g) a branch extending from a point in the township of Casey on the line above described as (a) to North Temiscamingue on the River des Quinze. 8. The securities issued by the Company shall not exceed thirty thousand dollars per mile of the railway, and may be issued only in proportion to the length of railway constructed or under contract to be constructed. 9. The Company may, subject to the provisions of The Railway Act, construct and operate telegraph and telephone lines upon and along its railway, and establish offices for and undertake the transmission of messages for the public, and collect tolls therefor; and for the purposes of operating such lines, or exchanging or transmitting messages, may, subject to the provisions of the said Act, enter into contracts with any companies having telegraph or telephone powers; and may connect its own lines with the lines of, or may lease its own line to, any such companies. 222 of tolls. 2. No toll or charge shall be demanded or taken for the Approval transmission of any message, or for leasing or using the telegraphs or telephones of the Company, until it has been approved of by the Board of Railway Commissioners for Canada, who may also revise such tolls and charges from time to time. 3. Sections 7 to 15, both inclusive, of The Telegraphs Act R.S., c. 126. shall apply to the telegraphic business of the Company. 10. The Company may also, for the purpose of its under- Vessels. taking, build, purchase, hire or otherwise acquire, charter, own, control and operate steam and other vessels for the purposes of the Company; and may enter into agreements with owners of such vessels for any of such purposes. 11. The Company may, in addition to the lands which the Water-power, electricity, Company may under The Railway Act expropriate for railway etc. purposes, for the purposes of its undertaking, acquire by pur-, chase, utilize and develop lands, water-powers, rights, easements and privileges in the vicinity of its railway, and construct, maintain and operate dams, reservoirs, buildings, and works, including transmission lines, for the generation, transmission and distribution of electricity for light, heat, power, or any other purpose in connection with its railways, vessels and other properties and works, and for the purpose of supplying water for the use of its railways, vessels and other properties and works; and may supply, sell or otherwise dispose of any surplus water, electric or other power or electricity so developed or generated and not required for the purposes of the Company. with other 12. Subject to the provisions of sections 361, 362 and 363 of Agreements The Railway Act, the Company may enter into agreements with companies. the Grand Trunk Railway Company of Canada, the Canadian Pacific Railway Company, the Grand Trunk Pacific Railway Company, or the Temiskaming and Northern Ontario Railway Commission for any of the purposes specified in the said section. 361. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. |