CHAP. 136. An Act respecting the Hamilton and Lake Erie Power [Assented to 25th June, 1903.] WHEREAS the Hamilton and Lake Erie Power Company Preamble. 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, declares and enacts as follows: 1. The name of the Hamilton and Lake Erie Power Com- Name pany, hereinafter called "the Company," is changed to the changed. "Jordan Light, Heat and Power Company," but such change of name shall not in any way impair, alter or affect the rights Existing or liabilities of the Company, nor in any wise affect any suit or rights saved. proceeding now pending, or judgment existing, either by, or in favour of, or against the Company, which, notwithstanding such change in the name of the Company, may be prosecuted, continued, completed and enforced as if this Act had not been passed. revived 2. The powers granted to the Company by chapter 78 of Powers the statutes of 1895, as amended by chapter 104 of the statutes and time of 1898, are revived and declared to be in force, and the time extended. limited for the commencement and completion of the works of the Company is extended for two and five years respectively 1895, c. 78: from the passing of this Act, and if the said works are not so 1898, c. 104. commenced and completed, the powers granted for the construction thereof shall cease and be null and void as respects so much of the undertaking as then remains uncompleted. 3. Section 7 of chapter 78 of the statutes of 1895 is amended 1895, c. 78, s. 7 amended. by striking out all the words after the word "Company" in the eighth line thereof. OTTAWA Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 137. An Act to confer on the Commissioner of Patents certain powers for the relief of the Keller Heater Company of Canada, Limited. WH [Assented to 24th October, 1903.] HEREAS the Keller Heater Company of Canada, Limited, Preamble. has represented that it is incorporated by letters patent granted by the province of Ontario under "The Ontario Companies Act" on the seventh day of May, nineteen hundred and three, and has its principal place of business in the city of Toronto, in the province of Ontario and that it is the holder and owner of letters patent issued under the seal of the Patent Office, as assignee of James W. Pyke and Thomas Palmer Howard, dated the tenth day of July, nineteen hundred and three, for new and useful improvements in feed water heaters and condensers, being patent number fifty-six thousand six hundred and fifty-three; that the said patent was issued for the term of six years on the fifteenth day of July, eighteen hundred and ninety-seven, on condition of, and subject to, the payment of further fees and the presentation to the Commissioner of Patents of a petition for the grant of a certificate or certificates of payment of further fees on or before the expiration of the first six years, as provided by section 22 of The Patent Act, as amended by section 5 of R.S.C., c. 61, chapter 24 of the statutes of 1892, and section 3 of chapter 34, s. 22. of the statutes of 1893; that the said six years expired on the 1892, c. 24, s. 5. fifteenth day of July, nineteen hundred and three; that the 1893, c. 34. s. 3. said letters patent which were granted originally in favour of James M. Keller, of Denver, Colorado, in the United States, remained in the hands of the said James M. Keller until he assigned his rights thereto by assignment dated the seventeenth day of February, nineteen hundred and three, in favour of the said James W. Pyke and Thomas Palmer Howard; that it was not to the knowledge of the said James W. Pyke and Thomas Palmer Howard nor of the Keller Heater Company of Canada, Limited, that the said patent would expire on the fifteenth of July, nineteen hundred and three, and it Commissioner of Patents may extend duration of was only brought to the knowledge of the said company by a communication from the Patent Office on the seventeenth day of July, nineteen hundred and three, when the last assignment made to the said company was forwarded to the Patent Office for registration; that by reason of the failure to present a petition to the Commissioner of Patents for an extension of the said patent, and to pay the fee required therefor, the said patent has lapsed; that the said invention has been and is being manufactured and sold in Canada; that the Keller Heater Company of Canada, Limited, has been incorporated solely for the purpose of manufacturing, exploiting and selling to the public in Canada the patented invention, and has expended large sums of money in contemplation of the said business; that the said company would have been entitled to two further periods of six years each of the term of said patent but for the said accidental lapse of its rights; and whereas the said company 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. Notwithstanding anything to the contrary in The Patent Act, or in the letters patent mentioned in the preamble, the Commissioner of Patents may receive from the Keller Heater letters patent. Company of Canada, Limited, a petition or petitions for a certificate or certificates of payment of further fees and the usual fees upon the said letters patent for the remainder of the term of eighteen years from the date of the said patent, and may grant and issue to the said company the certificate or certificates of payment of further fees provided by The Patent Act, and an extension or extensions of the term or duration of the said patent to the full term of eighteen years, in as full and ample a manner as if the application therefor had been duly made within the first six years of the term of the said letters patent from the date of issue of the said letters patent. 2. If any person has, in the period between the fifteenth day of July, one thousand nine hundred and three, and the date of the first of the certificates hereinbefore authorized to be issued, commenced to manufacture, use and sell in Canada the invention covered by the said letters patent, 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. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. |