CHAPTER 78. An Act respecting Oaths of Allegiance. 1. This Act may be cited as the Oaths of Allegiance Act. Short title. scribed. 2. Every person in Canada, who, either of his own accord, Oath preor in compliance with any lawful requirement made of him, or in obedience to the directions of any Act or law in force in Canada, save and except The British North America Act, 1867, desires to take an oath of allegiance, shall have administered to him and take the oath in the following form, and no other :: 'I, A.B., do sincerely promise and swear that I will be Form. faithful and bear true allegiance to His Majesty, King Edward VII. (or reigning sovereign for the time being) as lawful Sovereign of the United Kingdom of Great Britain and Ireland, of the British possessions beyond the seas, and of this Dominion of Canada, dependent on and belonging to the said Kingdom, and that I will defend Him to the utmost of my power against all traitorous conspiracies or attempts whatsoever, which shall be made against His person, crown and dignity, and that I will do my utmost endeavour to disclose and make known to His Majesty, His heirs or successors, all treasons or traitorous conspiracies and attempts which I shall know to be against Him or any of them; and all this I do swear without any equivocation, mental evasion or secret reservation. So help me God.' R.S., c. 112, s. 1. sary. 3. It shall not be necessary for any person appointed to No other any civil office in Canada, or for any mayor or other officer oath necesor member of any corporation therein, or for any person admitted, called or received as a barrister, advocate, notary public, attorney, solicitor or proctor, to make any declaration or subscription, or to take or subscribe any other oath than the oath aforesaid, and also such oath for the faithful performance of the duties of his office, or for the due exercise of his profession or calling as is required by any law in that behalf. R.S., c. 112, s. 1. 4. The oath of allegiance hereinbefore set forth, together Within what with the oath of office or oath for the due exercise of 1371 any delay shall profession oath be taken. An allegiance affirmation may be sub stituted for an oath. By whom administered. `profession or calling, shall be taken within the period and in the manner, and subject to the disabilities and penalties for the omission thereof, by law provided with respect to such oaths, in all such cases respectively. R.S., c. 112, s. 2. 5. All persons allowed by law in civil cases, in any part of Canada, to affirm instead of making oath, shall be permitted to take an affirmation of allegiance in the like terms, mutatis mutandis, as the said oath of allegiance. 2. Such affirmation of allegiance, taken before the proper officer, shall in all cases be accepted from such persons in lieu of such oath, and shall as to such affirmants have the like effect as the said oath of allegiance. R.S., c. 112, s. 3. 6. All justices of the peace and other officers lawfully authorized either by virtue of their office, or special commission from the Crown for that purpose, may in any part of Canada administer the oath of allegiance or receive the affirmation of allegiance. R.S., c. 112, ss. 1 and 3. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 1372 CHAPTER 90. An Act respecting the Sale and Marking of Manufactures of Gold and Silver. SHORT TITLE. 1. This Act may be cited as the Gold and Silver Marking Short title. Act. 6 E. VII., c. 17, s. 1. COMMENCEMENT. 1907. 2. This Act shall come into force on the thirteenth day of 13th July, July, one thousand nine hundred and seven. 6 E. VII., c. 17, s. 15. INTERPRETATION. - Definitions. 'Mark.' 3. In this Act, unless the context otherwise requires,(a) 'article' means an article of merchandise, and includes 'Article.' any portion of such article, whether a distinct part thereof or not; (b) 'mark' includes any mark, sign, device, imprint, stamp, brand, label, ticket, letter, word, figure, or other means whatsoever of indicating, or of purporting to indicate, the quality, quantity or weight of gold, or of silver, or of any alloy of gold or of silver, in an article of merchandise; (c) 'apply' and 'applied' include any method or means Apply, of application or attachment to, or of use on, or in connecapplied.' tion with, or in relation to, an article of merchandise, whether such application, attachment or use is to, on, or with (i) the article itself, or (ii) anything attached to the article, or (iii) anything to which the article is attached, or (iv) anything in or on which the article is, or (v) anything so used or placed as to lead to a reasonable (d) 'dealer' includes any person, corporation, association, 'Dealer.' ware, 'To sell.' Marks on cases or coverings. Exemptions. Idem. Idem. Marks allowed on gold and silverware. Trade mark. Date mark. Quality mark. ware, or the like, and any director, manager, officer, or agent of such corporation, association or firm; (e) to sell' includes to dispose of for valuable consideration, to offer to sell, to offer to dispose of for valuable consideration, and to have in possession with intent to sell or to dispose of for valuable consideration. 6 E. VII., c. 17, s. 2. 4. A mark applied to any case or covering attached to or forming part of any article composed of mechanism, works or movements, or intended to be so applied or to form such part, shall not be deemed to be applied to such mechanism, works or 6 E. VII., c. 17, s. 10. movements. APPLICATION. 5. This Act shall not apply to any article made in Canada before the date of the coming into force of this Act, or to any article imported into Canada before the said date, or to any article which, by regulation made by the Governor in Council under the authority of this Act, may be exempted from the application thereof. 6 E. VII., c. 17, s. 3. 6. This Act shall not apply with respect to such parts of manufactured articles as may require adaptation to the use of the trade, that is to say, to springs, winding-bars, sleeves, crown cores, pins, joint-pins, and to such other like articles as by regulation made by the Governor in Council under this Act may be exempted from the operation of this Act. 6 E. VII., c. 17, s. 9. 7. The Governor in Council may, from time to time, make such regulations as to him seem necessary for declaring articles to be exempt from the provisions of the last two preceding sections. 6 E. VII., c. 17, s. 14. MARKING. 8. It shall not be lawful to make or sell, or to import or attempt to import into Canada, any article composed 'either in whole or in part of gold or of silver, or of any alloy of gold or of silver, except the articles mentioned in section ten of this Act, if to such article there is applied any mark other than,(a) trade marks registered in accordance with the Trade Mark and Design Act; and, (b) such letter as is, by Schedule A to this Act, required to indicate the period of time during which such article was manufactured; and, (c) marks truly and correctly indicating, as required by this Act, the quality of the gold or silver, or alloy of gold or of silver, used in the construction of such article. 1684 2. 2. The provisions of this section shall not apply to any British and article of gold less than ten karats in fineness, or of silver, or foreign of any alloy of gold or of silver, to which is applied, (a) any hall-mark lawfully applied according to the laws of if with respect to such article all the other provisions of this 9. As respects articles composed, in whole or in part, of Marks on goid or of any alloy of gold, gold. (a) the marks indicating as required by this Act the quality Karat mark. of gold or alloy of gold used in the construction of the article shall state the fineness of the gold in karats, thus: 10K, 18K, or as the case may be; and, (b) the number of karats so stated shall bear the same pro- Karat ratio. portion to twenty-four karats as the gold in the alloy bears to pure gold; that is to say, 18K shall be deemed to mean deviation (c) the actual fineness of the gold or alloy of gold of which Allowable the article is composed shall not be less than the said pro from marked portion (i) by more than one-half of a karat, if solder is used, or quality. 10. In the case of articles made in whole or in part of an Plated ware, inferior metal, which has deposited or plated thereon, or brazed etc. or otherwise affixed thereto, a plating, covering or sheet composed of gold or of silver, or of an alloy of gold or of silver, and known in the trade as rolled gold plate, gold filled, gold plate, silver plate, silver filled, or gold or silver electroplate, or by any similar designation, and in the case of articles of like nature brought under the provisions of this section by regulation made by the Governor in Council under this Act, (a) no mark shall be applied indicating otherwise than truly Marks. may |