188
19381
Enclosure.
ure 2
6th 1892.
I have the honour to be,
My Lord Marquess, Your Lordship's Most Obedient
Humble Servant,
Wittain Robinigy
Report by the Chief Clerk, Colonial Secretary's Office.
Hon: Colonial Secretary,
When the application was received, I represented
that the applicant should be referred to a Solicitor as the
papers were both irregular and inoperative:-
(a) Because the Declaration was attested by a Notary
Public without his Notarial Seal, by which alone the
document can be admitted in evidence.
(b) Because the Power of Attorney from Mr. Moncrieff
to Mr. Chapman is inoperative, not being stamped with
a 10% stamp as required by Law; and the latter is therefore acting ultra vires.
(c) Because it has been usual for some one to make a
statutory declaration to satisfy the Executive Council
that the provisions of section 3 of the Patent Ordinance 1892 have been complied with.
(d) Because the Colonial Secretary being a Member of
the Executive Council, and in that capacity having to
adjudicate on the application, it was most undesirable
that he should be made to appear as the Agent of the
applicant.
In conclusion I think that section 3 of the Ordinance contemplates that the person who sends the Petition &c.,
to the Colonial Secretary should insert the necessary notices.