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the above named Sheriff (or Deputy Sheriff)

and made oath that all the acts required by law for sale of the lands and tenements mentioned in the above deed were truly performed by the said Sheriff. J. P.

CHAPTER 114.

OF THE REAL AND PERSONAL PROPERTY OF MARRIED WOMEN.

Section.

1. Property of married women, how exempt from husbands' liabilities.

2. When and how married women may sue.

Section.

3. Property, when to vest in her.
4. Right to dower not affected.

1. The real and personal property belonging to a woman before, or accruing after marriage, except such as may be received from the husband while married, shall be owned as her separate property so as to exempt it from seizure or responsibility in any way for the debts or liabilities of her husband, and shall not be conveyed, encumbered, or disposed of without her consent, testified, if real property, by her being a party to the instrument conveying, encumbering, or disposing of the same, duly acknowledged, as provided by the laws for regulating the acknowledgments of married women; but her separate property shall be liable for her own debts contracted before marriage, and for judgments recovered against her husband for her wrongs.

2. In case of desertion or abandonment by her husband, any married woman in her own name, and for her own use, may recover and receive from any person indebted or liable to her, in her separate capacity, for services performed by and debts. due to her, or damages for injuries to herself, or her separate property; and no receipt, discharge, release, or commutation thereof, given or made by her husband after such desertion or abandonment, shall bar her claim; and if any suit be brought by the married woman on such account, she and her separate property shall be liable for costs of suit as in other cases.

3. When any married woman deserted by her husband, or compelled to support herself, shall acquire any property, it shall vest in her and be at her disposal, and not subject to the debts, interference, or control of her husband.

4. Nothing in the provisions of this Chapter shall affect the rights of married women to dower.

. CHAPTER 115.

OF ESTATES TAIL.

Section 1.-Abolishing of estates tail.

1. All estates tail are abolished; and every estate which would hitherto have been adjudged a fee tail, shall hereafter be adjudged a fee simple; and if no valid remainder be limited thereon, shall be a fee simple absolute, and may be conveyed or devised by the tenant in tail, or otherwise shall descend to his heirs as a fee simple.

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Section.

CHAPTER 116.

OF BILLS, NOTES, AND CHOSES IN ACTION.

1. Bills, when liable to damages.

2. Notes negotiable.

Section.

3. What notes evidence of value.
4. Inland Bill, how accepted.

1. A Bill of Exchange drawn by a person in the Province upon any person residing in Europe or the West Indies, returned protested, shall be subject to ten per cent. damages, and six per cent. per annum on the principal, damages and charges from the date of the protest to the time of payment. If drawn upon a person in any part of America without the Province, it shall be subject to five per cent. damages, and six per cent. per annum interest from the date of the protest to the time of payment.

2. A note in writing for money, payable to order or bearer, shall be assignable and endorsable in the same manner as an inland Bill of Exchange is by the custom of Merchants; and the payee, endorsee, or holder thereof, may maintain an action thereon in his own name.

3. A note in writing, payable in specific articles, for a certain sum or otherwise, shall be deemed prima facie to be given for a valuable consideration as a promissory note.

4. No acceptance of any inland Bill of Exchange shall be sufficient to charge any person, unless it be in writing on such Bill, or one part thereof, if there be more than one.

CHAPTER 117.

OF JOINT TENANCY, AND TENANCY IN COMMON.

Section.

Section.
1. What estates tenancies in common or 2. Trust estates, how affected.

joint tenancies.

1. Every estate hereafter to be created, granted, or devised to two or more persons in their own right, shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in Trustees, or executors as such, shall be held by them in joint tenancy.

2. Any change of the Trustees in any joint estate, pursuant to the powers of the original trust, shall not sever the title, but after any such change the joint tenancy shall exist in the whole body of Trustees, with all the force and effect of such original trust.

Section.

CHAPTER 118.

OF LETTERS PATENT FOR USEFUL INVENTIONS.

1. By whom granted.

2. Mode of application.

3. Specifications, &c., where lodged.

4. Powers of Executors as to deceased in

ventor.

5. Rights of Assignee of Provincial in

ventor.

6. Rights of Assignee of foreign Patentee.
7. Patents when previous Patent obtained.
8. Restriction of each Patentee.
9. Patents may be assigned.

10. Patentee claiming too much, remedy.
11. May disclaim excess.

12. Defective Patent surrendered, effect.
13. Improvement on original Patent, how
secured.

14. New designs in any art or manufacture,
patented.

15. English Patents, when in force in this Province.

16. Extension of term of Patent.

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20. Infringement of Patent rights, damages. 21. Appeal from Attorney General's decision. 22. Appointment of Board.

23. Powers and duties of Board.

24. Attorney General may apply for Board. 25. Appellant may apply for Board, or appeal to a Judge.

26. Proceedings on appeal.

27. Caveat, for what filed. Proceedings on
second application.

28. Letters Patent, when void.
29. False marking, &c., penalty.
30. Date of Patent, to what affixed.
31. As to pleading and costs.
32. Actions, when to be commenced.

33. Fees.

1. The Governor may grant letters patent under the Great Seal to any applicant, giving to him and his legal representatives, for a term not exceeding ten years, the exclusive right to make, use, and vend any new invention or discovery, agrecably to the provisions of this Chapter.

2. The applicant shall state in his petition the nature of his invention, discovery, or improvement, that the same was not

known or used by others before his invention or discovery, and was not then in public or common use in this Province; the allegations in the petition he shall verify on oath to the best of his belief.

3. The petition and affidavit shall be delivered into the Provincial Secretary's Office, with a written description of the invention, discovery, or improvement; a description of its principle, and its mode of application, in such terms as to shew its originality, and enable a skilled person to make, compound, or use it, and shall be signed by the applicant and attested by two witnesses, and accompanied with drawings, references, and a model, when the case admits of it, or if a composition of matter, with specimens of ingredients sufficient for experiment.

4. If any person entitled to a patent in this Province die before the same is granted, his executor may apply for the same for the benefit of the estate, which shall be granted upon the same conditions and restrictions as if issued to the inventor. When a petition is made by an executor, the deposition shall be varied to suit the circumstances of the case.

5. Letters patent may issue to the assignee of any person entitled thereto, for any invention or discovery made in this Province, if no previous patent has issued therefor; the assignment shall be duly proved, accompany the application, and filed therewith, together with an affidavit of the assignee that the same was made for good consideration, and an affidavit by the assignor, as required by the second Section of this Chapter.

6. Letters patent may issue to the assignee of any patentee in any other country, or of any share thereof, if the invention or discovery shall not have been introduced into public and common use in this Province prior to the application: the assignee shall file with his application the assignment duly proved, and an affidavit of the date of the patent, and that the article has not been in public or common use within this Province, and that he is assignee for a good consideration.

7. No applicant shall be refused a patent by reason of his having a previous patent therefor in any other country, if the invention shall not have been introduced into public and common use in this Province prior to his application, but the second patent shall expire with the first one.

8. When any person shall improve upon any invention or

discovery patented, he shall have no right to make, use, or vend the original invention or discovery, nor shall the original patentee make, use, or vend the improvement thereon; the simply changing of the form or proportions of any machine, article, or composition of matter, in any degree, shall not be a discovery or improvement within the meaning of this Chapter. 9. Every Provincial patent shall be assignable either in whole or in part, by instrument in writing, which, with every grant or conveyance of any right under any patent, shall be recorded in the Provincial Secretary's Office within three months after the execution thereof, the execution being duly proved by the oath of a subscribing witness.

10. If without fraud a patentee shall, having no legal right, claim to be the first inventor or discoverer of any material part of the thing patented when he is not, his patent shall be valid only for so much of the invention or discovery as is actually his own, if it be plainly distinguishable from the parts patented without right; he or his legal representatives may maintain suits at law or in equity for any infringement of such part as is actually the invention or discovery of the patentee. If the plaintiff recover, he shall not be entitled to costs, unless before the commencement of the suit he shall have filed in the Provincial Secretary's Office a disclaimer of that part claimed without right, attested by at least one witness; and no person shall be entitled to the benefit of this Section if he shall unreasonably delay recording his disclaimer.

11. If through a mistake a patentee shall claim more of the original invention than is his own, he may disclaim the excess, which disclaimer shall state his extent of interest in the patent, shall be attested by at least one witness, recorded in the Provincial Secretary's Office, and shall be part of the original specification to the extent of his interest; such disclaimer shall not affect any action or suit pending at the time of its being recorded, except so far as may relate to the question of unreasonable delay in recording the same.

12. If any patent become inoperative or invalid from a defective description, or from the patentee claiming more than his right, and the error has arisen without any fraudulent intention, and such patent being surrendered, the Governor upon petition therefor may grant a new patent for the residue.

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