R
2
I have already advised on other papers, recently returned to the Secretary, that it will be well to insert an indemnity in contracts for the supply of wireless installa- tions for Post Office purposes unless the installations are merely for experimental
use.
The officers of the Post Office would be liable to an action for the infringement of the 'Marconi patent in respect of the user for profit or benefit or the possession, with intention to use, of apparatus made in infringement of that patent. The Marconi Company could also sue the manufacturers of the apparatus either separately or in the same action. But the Postmaster-General would, of course, have a claim over against the manufacturers for an indemnity under his contract with them.
The usual defences, e.g., that there has been no infringement, or that the patent is invalid, would, of course, be open to the defendants.
The provisions of Section 27 (2) of the Act of 1883 enable the Postmaster-General (on terms) to use any patented invention, but this section relates to user by arrange- ments with the patentee (with an appeal to the Treasury) and does not authorise user by arrangement with another person whose apparatus is an infringement of the inven- tion of the patentee.
July 12, 1905.
R. H.
31338
(AUSTRALIA
}
No. 128.
NEW ZEALANDĄ
LAW OFFICERS to ADMIRALTY.
[Royal Naval Reserve: Draft Orders in Council for calling out branches in Australia and New Zealand.]
Opinion.
Assuming that the branches of the Royal Naval Reserves established in Australia and New Zealand have been raised under the Royal Naval Reserve Acts of 1859, 1896, and 1902, we are of opinion that the Act of 1886 makes them volunteers raised under the Act of 1859. This being so, that Act as amended by the Act of 1900 must be followed in calling them out. But in addition to the enactments contained in these two Statutes the Crown should also comply with Article 7 of the Agreement scheduled to the Colonial Acts of 1903.
This being so, we are of opinion that the Crown may, by an Order in Council, made upon the advice of the Privy Council and of the Colonial Government, order and direct that the branches of the Royal Naval Reserve established in these Colonies shall be called into active service, and may by the same order authorise the Admiralty to give and when given to revoke and vary such directions as may seem necessary or proper for calling out all or any of the said reserves as the occasion may require.
The draft form of Order in Council which we have initialled will suffice for this purpose.
Royal Courts of Justice,
R. B. FINLAY. EDWARD CARSON. WILLIAM WILLS.
July 21, 1905.
ROYAL NAVAL Reserve.
DRAFT ORDER IN COUNCIL for calling oUT BRANCHES IN AUSTRALIA and New
ZEALAND.
Whereas by Section 4 of the Royal Naval Reserves (Volunteer) Act, 1859, it is enacted that it shall be lawful for His Majesty on such occasions as he shall think fit (the occasion being first communicated to Parliament if Parliament be sitting or declared in Council and notified by Proclamation if Parliament be not sitting or in being), to order and direct that the volunteers under that Act or so many or such part of them as His Majesty may deem necessary shall be called into actual service:
And whereas by the Royal Naval Reserve Volunteer Act, 1896, as amended by the Royal Naval Reserve Volunteer Act, 1902, it is enacted that the power under the said Act of 1859 to raise and pay volunteers may be exercised outside the British Islands in respect of British subjects:
And whereas by the Naval Reserve Mobilization Act, 1900, it is enacted that when His Majesty in pursuance of Section 4 of the first above recited Act orders and directs that volunteers under that Act shall be called into actual service, His Majesty may authorise the Admiralty to give and when given to revoke or vary such directions as may seem necessary or proper for calling out all or any of the said volunteers as the occasion may require:
And whereas a force of Reserve Naval Volunteers has been raised outside the British Islands from British subjects in the Commonwealth of Australia and in the Colony of New Zealand:
And whereas by virtue of Article VII. of the Naval Agreement entered into in the year 1903 between the Commissioners for executing the office of Lord High
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