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portation, storage, or supply of any article, such patent shall be liable to be revoked. And, if a Board reports that a patent has been so made use of, the Minister of Justice may exhibit an information in the Exchequer Court of Canada praying for a judgment revoking such patent, and the court shall thereupon have jurisdiction to hear and decide the matter and to give judgment revoking the patent or otherwise as the evidence before the court may require.

23. Any person reported by a Board to have been guilty of unduly limiting the facilities for transporting, producing, manufacturing, supplying, storing, or dealing in any article which may be a subject of trade or commerce; or of restraining or injuring trade or commerce in relation to any such article; or of unduly preventing, limiting, or lessening the manufacture or production of any such article; or of unreasonably enhancing the price thereof; or of unduly preventing or lessening competition in the production, manufacture, purchase, barter, sale, transportation, storage, or supply of any such article, and who thereafter continues so to offend, is guilty of an indictable offence and shall be liable to a penalty not exceeding one thousand dollars and costs for each day after the expiration of 10 days, or such further extension of time as in the opinion of the Board may be necessary, from the date of the publication of the report of the Board in the Canada Gazette during which such person so continues to offend.

SITTINGS OF BOARD

25. The proceedings of the Board shall be conducted in public, but the Board may order that any portion of the proceedings shall be conducted in private.

26. The decision of any two of the members present at a sitting of the Board shall be the decision of the Board.

27. The presence of the chairman and at least one other

member of the Board shall be necessary to constitute a sitting of the Board.

28. In case of the absence of any one member from a meeting of the Board the other two members shall not proceed, unless it is shown that the absent member has been notified of the meeting in ample time to admit of his attendance.

REMUNERATION AND EXPENSES OF BOARD

40. No member of the Board shall accept, in addition to his travelling expenses and allowances as a member of the Board, any perquisite, gift, fee, or gratuity of any kind from any person in any way interested in any matter or thing that is being investigated by the Board. The acceptance of any such perquisite, gift, fee, or gratuity by any member of the Board shall be an offence, and shall render such member liable upon summary conviction to a fine not exceeding one thousand dollars, and he shall thereafter be disqualified to act as a member of any Board.

MISCELLANEOUS

42. No proceedings under this Act shall be deemed invalid by reason of any defect of form or any technical irregularity. 43. Evidence of a report of a Board may be given in any court by the production of a copy of the Canada Gazette purporting to contain a copy of such report, or by the production of a copy of the report purporting to be certified by the Registrar to be a true copy.

44.

The Minister shall determine the allowance or amounts to be paid to all persons, other than the members of a Board employed by the Government or any Board, including the secretaries, clerks, experts, stenographers, or other persons performing any services under the provisions of this Act. 45. The Governor in Council may make such regulations, not inconsistent with this Act, as to him seem necessary for

carrying out the provisions of this Act and for the efficient administration thereof.

(2) Such regulations shall be published in the Canada Gazette, and upon being so published they shall have the same force as if they formed part of this Act.

(3) The regulations shall be laid before both Houses of Parliament within fifteen days after such publication if Parliament is then sitting, and if Parliament is not then sitting then within fifteen days after the opening of the next session thereof.

46. The Minister shall lay before Parliament, within the first fifteen days of the then next session, an annual report of the proceedings under this Act.

5. RUSSIA

The chief provisions of the law affecting industrial combinations in Russia are found in Section 242 of the new Criminal Code, which received imperial sanction on March 22, 1903, namely:

SEC. 242. A merchant or manufacturer who increases the prices of victuals or other articles of prime necessity in an extraordinary degree in accord with other merchants or manufacturers dealing in the same articles shall be punished with imprisonment.

If the culprit took advantage of the extreme need of the local population caused by the scarcity of these articles, he shall be punished with imprisonment of not less than three months.

A merchant or a manufacturer who increases the prices of victuals or other articles of prime necessity in an extraordinary degree to take advantage of the extreme need of the local population caused by the scarcity of such articles, is subject to the punishment fixed in paragraph one of this section.

The chief sections of the Penal Code of 1885 relating to combinations are likewise given here.

SEC. 913. For a conspiracy, an understanding, or other agreement among dealers for the purpose of increasing prices of articles of consumption the culprits shall be subject to punishments and fines provided by Section 1180 of the present Code.

SEC. 1180. In case of a conspiracy among merchants or manufacturers for the purpose of increasing not only the prices of victuals but also of other articles necessary for consumption or for an undue decreasing of the price with a view to impeding those who transport or supply these articles and thereby preventing also their further and larger supply the ringleaders of such unlawful agreements shall be subject to imprisonment for a term of from four to eight months; and the rest of them who only participated therein shall be punished, in accordance with the degree of their participation either by imprisonment of from three weeks to three months; or by a fine not exceeding two hundred roubles.

If, however, such a conspiracy caused an actual scarcity of articles of prime necessity and this led to a disturbance of social peace, then the ringleaders shall be punished by the deprivation of certain special rights and privileges, in accordance with Section 50 of this Code, and by imprisonment for a term of from one year and four months to two years; and the rest of the culprits by imprisonment for a term of from four to eight months.

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In Chapter XII the general tendency of the laws in the leading European countries has been considered. However, inasmuch as the tendency of legislation in the United States at the present time seems to be directed especially against unfair competition it has been thought best to in

clude here the detailed German law against unfair competition of June 7, 1909, as follows:

6. GERMAN LAW AGAINST UNFAIR COMPETITION OF JUNE 7, 1909

WE, William, by the Grace of God, German Emperor, King of Prussia, etc., decree in the name of the Kingdom, with the consent of the Federal Council and of the Imperial Diet, as follows:

SEC. 1. Whoever in business affairs, for the purpose of competition, commits acts which are repugnant to good morals may be subject to an action to desist therefrom and to pay damages.

SEC. 2. Under goods, within the meaning of this law, agricultural products are also to be understood, under industrial services and interests, agricultural services and interests also.

SEC. 3. Whoever in public advertisements or in communications intended for an extensive group of persons, makes incorrect statements regarding business relations, especially regarding the quality, the origin, the method of production, or the scale of prices of goods or industrial services, regarding the kind of supply or the source of supply of goods, regarding the possession of marks of distinction, regarding the cause or the purpose of the sale, or regarding the quantity of the stocks, which are adapted to create the impression of an especially favorable offer, is subject to an action to desist from such incorrect statements.

SEC. 4. Whoever, with the intention to create the impression of an especially favorable offer, knowingly makes untrue statements and statements adapted to mislead, in public advertisements or in communications intended for an extensive group of persons, regarding business relations, especially regarding the quality, the origin, the method of produc

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