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none other than Crown Colonies. And the first proviso of this section seems, indeed, to place the correctness of this construction beyond reasonable doubt.
6. The expediency of granting Patents in England extending to this Colony, if it be lawful so to do, is a question upon which it is not necessary that I should here give my opinion. But as to facilities to be afforded by the Colonial Legislature for rendering such Patents, if legal, available, I confess I scarcely think that any such facilities would be needed; the copy or extract, sealed with the office seal of the Commissioners, would, as I have said, prove itself. Any number of these instruments which eircumstances required, could be forwarded to the Colony by the patenter. But if it appeared desirable to provide means for proving the Patent in auy particular part of the Colony, without risking the loss of an instrument received from England, by transmitting it through the post, or by some other sort of conveyance, the Cape Legislature would, I am certain, pass an Act for rendering copies of the English instrument-certified by some Colonial officer to be correct-sufficient evidence of the Patent in any action for infringement.
The Executive Council.-The Council considers that the encouragement to be granted to inventors to induce them to undergo the labour and expense of perfecting their ideas, ought to be very generally given; and is of opinion that Patents granted in England might expediently extend to this Colony, provided corresponding facilities and protection were given in England to Colonial inventors.
The Council is inclined to think that the new Cape Parliament would be disposed to act upon this principle to any extent which the state of the existing law may be found to require.
Lieutenant-Governor Darling.-Concurs in the opinion of the Executive Council, and adds:-" It may perhaps be desirable to explain, that in claiming for a Colonial inventor the same facilities and pro- tection' as it is proposed to give to the inventor in the mother-country, against infringement in the Colonies of his rights, it is intended more especially to refer to the case of a Colonial inventor, who, though
CAPE OF GOOD HOPE. Governor. No. 132, Nov. 18, 1453.
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CAPE OF GOOD HOPE.
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protected by an Act of the Legislature of the Colony Governor, No. 132, Nov. 18, 1853. against infringement, by manufacture or sale, of his invention, within the limits of such Colony, might, nevertheless, find his Patent pirated in the mother- country, or in other Colonies, exposed for sale there, and forwarded to the Colony in which it was patented, not perhaps for sale, but for use, to an extent which might materially trench upon the privileges and advantages which his Colonial Patent was intended to confer.
"That, in fact, if an invention, patented in the mother-country, is to be protected throughout the Empire, an invention, first patented in any of the Colonies, should be protected throughout the Empire also."
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