CO885(1-2) — Page 461

45

PUBLIC RECORD OFFICE

C.O.

Reference :-

•885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

44

nor-in-chief, and it is conceived that, unless

NEVIS.

expressly delegated, it cannot be exercised by the Governor. No. 36, April 22, 1853. representative of the Sovereign. (Vide Stewart's

"V. A. Reports," 403, 404)

By the 17th Article of the Royal Instructions,

the Governor is enjoined not to assent to any Bill

of an unusual and extraordinary nature, whereby the prerogative of the Crown, or the property of Her Majesty's subjects, may be prejudiced.

In this view of the matter, it is submitted that the officer administering the government of this Island does not possess any authority to grant Patents for inventions, nor to assent to any enact. ment which might be passed by the Council and Assembly to confer on an individual the exclusive right to the use of his invention, unless, indeed, such enactment contained a clause suspending its operation until the pleasure of the Crown was signified.

2. The mode of proving Letters-Patent in the Courts of this Island, is by producing the Letters, or an exemplification thereof, under the Great Seal. Except as to the 11th section, the Act 14 and 15 Vict., cap. 99, to amend the law of evidence, is not

in force here, nor have its provisions been adopted by the Legislature.

As the mode of proving Letters-Patent is that stated above, it does not seem that there are any impediments in the way of a patentee obtaining a remedy for the infringement of his Patent, in the Courts of this Island, as in similar cases in England, except that in a suit for such a purpose he would not, under the existing local law, be a competent witness.

By the Island law, secondary evidence of a written instrument is only permitted in cases where the original is proved to be lost; but the 11th section of 14 and 15 Vict., cap. 99, declares that every document which is admissible in evidence in England, &c., without proof of the seal, &c., shall be equally admissible in evidence in the Colonies.

In cases, therefore, of a transfer of Letters-Patent,

a copy certified under the seal of the Commissioners

of Patents for Inventions, would, by virtue of the 2nd and 35th sectious of the "Patent Law Amend- ment Act," be admissible in evidence here as in England.

DOMINICA.

DOMINICA.

Lieutenant Governor Blackall.-It does not

Governor, No. 28, August 30, 1853. appear, either to the Council or to myself, that any advantage would accrue to this Colony by the extension of English Patents, whilst it is feared

a measure of that nature might cause increased difficulties in introducing improved machinery, and give rise to dispute and litigation which would be detrimental to the interests of the parties concerned.

Mr. Attorney-General Lloyd.—There are not any Colonial statutes authorising the granting of Patents, but it is presumed that under the Governor's Com- mission a Patent-right may be granted under the Great Seal of the Island, within the intent of the 21st James I, cap. 3, sec. 6, as this statute is con- sidered to be in force in the Island. The mode of proceeding to obtain a grant can be accomplished through the means of the existing authorities, according to the routine pursued in like cases in England; a petition can be presented to the Gover- nor, a declaration may be made under the provisions of 5 and 6 Wm. IV, cap. 62, sec. 11; the petition and specification can receive the examination and opinion of the Attorney-General; the warrant can pass to the Registrar in Chancery, for the letters, which, being prepared and taken to the Clerk of Patents, are passed. The Governor signs and sanctions the grant, by affixing the Great Seal of the Island thereto. The Letters-Patent and speci- fication can be enrolled in the Court of Chancery, and by the effect of the statutes 3 and 4 Edward VI, cap. 4, explained by statute 13 Elizabeth, cap. 6, which may be in force in this Island, whereby patentees, and persons claiming under them, may make title in pleading, by showing forth an exempli- fication of the enrolment of the Letters-Patent, as if the Letters-Patent themselves were pleaded and set forth, and they can be given in evidence as if they were pleaded.

If the patentee cannot reap the advantage of his Patent within the limited time, the Legislature may interfere to continue the privilege for a further N

↓