CO885(1-2) — Page 458

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

38

experienced. This was felt in the case of the

ST. VINCENT.

Charter granted to the Colonial Bank, and I advised Governor, No. 9, March, 9, 1853. an application to be made for an Act of the Local Legislature, making a registered copy evidence, which was passed in February 1842.

I do not think that the "Law of Evidence Amend. ment Act" of 14 & 15 Vict., cap, 99, is sufficient, without some further provision, to enable a patentee successfully to prosecute his case in the Courts here, except on production of his Patent; and I foresee some difficulty in obtaining from the Local Legislature, composed as it is, any Act which shall facilitate patentees in an action brought in the Colony, for infringement of their rights.

I am of opinion, that the only safe and certain course would be, for a short Imperial Act to be passed, which would embrace all the Colonies, and by which, as in the case of deeds here, a copy from the Record Book, certified by the registrar, without further proof, is made as good evidence on the original deed.

ST. LUCIA.

Mr. Attorney-General La Caze.—The first question submitted is this" What is the present state of the law of the Colony under your government as to the powers which exist for the grant of Patents within the Colony by the local authorities; and also as to the mode of proving in the Colonial Courts Patents granted in England, regard being had to the recent Patent Act, 15 & 16 Vict., cap. 83; and also to the Act to amend the Law of Evidence, 14 & 15 Vict., cap. 99."

There is no law in force in this Colony authoriz- ing the grant of Patents within the same by the local authorities.

The mode of proving in Courts of law, in this Crown Colony, Letters-Patent granted in England, is esta- blished under the authority of Royal Orders in Coun- cil, enacting for each and every case, that upon true and correct copies of said Letters-Patent, and of the specification, accompanied by an affidavit to the effect of such copies having been duly compared with the

ST. LUCIA.

Governor, No. 19, April 25, 1853.

ST. LUCIA.

39

original Letters-Patent and specification, being depo-

Governor, No. 19: April 25, 1853. sited in the office of the Colonial Secretary, or in

the

proper office for the registration of deeds, such copies shall be deemed and taken to be, to all intents and purposes, as valid and effectual as the original of said Letters-Patent or specification, and shall be produced and given in evidence in Courts of law, whenever it may be necessary to make proof of said Letters-Patent and specification.

Next, as to the expediency of the grants of Patents in England extending to this Colony.

I have to state on this point, that there is ample proof in the Records of the Colonial Secretary's office of Letters-Patent granted in England having been made applicable to this Crown Colony. But the question seems to be whether it is expedient or not to continue to extend to this island the grants of Patents made in the mother country.

Upon this question, which is not a legal question, the opinion of practical men ought to be ascer- tained.

Planters here are generally of opinion, that ex- tending the Patent Laws to this Sugar Colony is calculated to be injurious to their interests-first, because it compels them to purchase all patented improvements in machinery for cultivating and manufacturing their staple products at a monopoly price, while the foreign planters who are their competitors in the home and European markets, are enabled to obtain the same machinery at its actual cost price in the British market, or to obtain the same machinery made in foreign countries at a less cost than it would probably cost at the English manufactories; and secondly, because the English Patent which extends to the Colonies, prohibits the use of foreign-made machinery, which would infringe on the patentee's rights, though it would cost probably one-half the price charged for the English

Patent.

With regard to the last point, it is clear that if the gift of Patent rights was to be vested in the Local Legislature in this Colony, such Legislature would make provision for rendering said Patent rights available by proof in Courts of law in case of infringement of the inventor's privileges.

The Executive Council concurs in the view of the question taken by the Attorney-General.