37
PUBLIC RECORD OFFICE
1 2 3
Reference :-
C.O-885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
36
evidence, and we incline to think that a copy
BARBADOS
printed by the Queen's printers would, under the Governor, No. 18, March 24, 1858. provisions of that statute, and of the 14th & 15th Vict., cap. 99, be also admissible in evidence.
GRENADA.
The Executive Council are of opinion that the
GRENADA.
extension of Patents to the Colony would not be Governor. No. 6. March 15, 1853. expedient or beneficial.
Mr. Acting Attorney-General Ross.-As to the powers which exist for the grant of Patents for inventions within this Colony by the local autho- rities, our Statute-Book is silent on the subject. No such power seems to have been exercised by the local autho:ities.
And as to the mode of proving, in the Colonial Courts, Patents granted in England, regard being had to the recent Patent Act, 15 & 16 Viet., c. 83, the Great Seal being, per se, proof sufficient, without more-if under chapter 18 of that Act the Patent be made to extend by the warrant of the Commis- sioners to this Colony, then chapter 2 of the same Act would sufficiently direct and secure easy modes
of proof in ou· Colonial as in other Courts.
In regard to the "Act to amend the Law of Evi- "dence," 14 & 15 Vict., cap. 99, that Act has not
yet become the law of Grenada.
If clause 2 of the 15th & 16th Vict, should not in
all cases afford sufficient facilities of proof, in case of
the infringement of the inventor's rights, an Island Act night be passed (as in the instance of the Colonial Bank, No. 107, dated 27th August, 1852), enacting that copies of the Letters-Patent (or other document, as it might be), recorded in the Regis- trar's office, duly certified by the Registrar, should be as good evidence as if the original Patent (or other document) were produced.
ST. VINCENT.
ST. VINCENT.
Lieutenant-Governor Macdonnell.-The inclosed
Governor, No. 9, March 9, 1852. opinion of the Acting Attorney-General gives full information on the above points. As to the opinion
of myself and the Executive Council concerning the expediency of grants of Patents in England being allowed to extend to this Colony, I cannot consider it wise to fetter the industry of a struggling com- munity by rendering more costly any improvements
in science, agriculture, or manufactures, of which the least application or use can possibly be made here.
I think the British Colonies in the West Indies might, for some years to come, be wisely exempted from the operation of any such monopoly. There is no Executive Council here, but I aware that the opinion which I have expressed is entirely shared by the Legislature of this island, so much so that lately an enactment was nearly passed to that effect, and would have been actually adopted, had it not been pointed out that its confirmation by the Crown was rendered impossible by the course of Imperial legislation on the subject.
Mr. Attorney-General Stewart.-There is no local statute in St. Vincent referring in any way to Patents for inventions, nor has any such Patent ever been created in the Colony by the local autho- rities.
Prior to the Imperial enactment it was by the exercise of the prerogative of the Crown, and by that alone, that any such Patent could be obtained : and the only law now in force in the Colony is, 1 apprehend, that of the recent Patents Act of the Imperial Parliament of the 15 & 16 Vict., cap. 83, by which express authority to include the Colonies
in any Patent granted under the Act is given. The Local Legislature cannot, I conceive, pass any enactment which would either fetter the exercise of the prerogative, or be at variance with the Imperial
Act.
The production of a Patent under the Great Seal proving itself; but where the original Patent is not produced, I apprehend that in the absence of some special provision, considerable difficulty would be L