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PUBLIC RECORD OFFICE

C.O.

Reference :-

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

PUBLIC RECORD OFFICE, LONDON

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England by one persou, had previously been intro- duced by another, and patented here.

At the same time I would add, that the initiative in altering any Patent law cannot be taken here, inasmuch as we have not yet received the Act of the Imperial Parliament, 15 & 16 Vict., cap. 88.

Procureur and Advocate-General D'Epinay- Memorandum respecting the state of the Patent Law in Mauritius.

This matter is governed by Ordinance 11 of 1835.

Article I empowers the Governor to grant Patents for a period not exceeding fourteen years for any invention or improvement in any branch whatever of arts or industry, and to any person being the first to introduce or work in the Colony, any invention

or improvement made in a foreign country.

Article II fixes the duty to be paid on every Patent, which is not to exceed 1007.

Article III determines the privilege attached to such Patent, and the penalty against falsification or forgery of the same.

Article IV requires a description and specification of the new process.

Article V enumerates several cases where the Patent may be withdrawn by Government.

This Ordinance requires to be amended, and further provisions to be therein inserted, particu. larly as regards the advertisement of application for such Letters-Patent, and the right of any person to oppose the grant of such Letters-Patent, according to the English law.

As to the mode of proving, in the Courts of this Colony, Patents granted in England, a copy, duly authenticated, of the Letters-Patent would be in these Courts sufficient evidence in any case where the said letters would have conferred upon the grantee a right to be exercised in this Colony. The law of evidence followed here is generally the English law, save some exceptions in criminal matters, inasmuch as the Colonial law sets forth general principles in matters of evidence, but has no rules of practice for the application of those prin-

MAURITIUS.

Governor, No. 115, Jan. 28, 1853.

ciples. Article X1 of the Act to amend the Laws 14 & 16 Vict., cap. 99.

of Evidence, and relating to documents admissible

in evidence in certain cases without proof of the

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MAURITIUS.

Governor, No. 115, Jan. 28, 1853.

Preamble.

The Governor may accord Letters- Patent for a period which shall not exceed fourteen years.

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seal or stamp, is extended to the British Colonies. Moreover there will be no objection to make any part of the English law on evidence the law of the Colony.

I see no objection to the grant of Patents in England being, by a special clause, extended to the Colony, which is not, I believe, without precedent, and without the intervention of the Colonial Legis- lature. Such a Patent, with the extending clause. should have in the Colonial Courts the same legal effect as in the Courts of Law in England on the exhibition of a copy duly authenticated, or in the form required by the English law. At all events a clause to that effect might be introduced in the amended law above suggested.

The Executive Council concur in the opinion of the Procureur-General, and are further of opinion that the existing Colonial law should be amended according to the suggestions contained in the said memorandum, and subject to the enrolment in the Colony of Patents granted in England and on pay- ment of a fee to be fixed by an Ordinance.

MAURITIUS AND DEPENDencies.

Ordinance No. 11 of 1835. Respecting Letters- Patent.

Enacted by the Governor of Mauritius and Depen- dencies, with the advice and consent of the Council of Government.

Whereas applications have been made to Govern- ment, from time to time, to obtain Letters-Patent for discoveries and inventions which may be of great public utility; it therefore becomes necessary, for the promotion of ingenuity, to determine the mode of obtaining the said Letters-Patent, and the rights and privileges which they will confer on those who may have obtained them :

His Excellency the Governor in Council has ordered and orders :-

I. The right to issue Letters-Patent, for a term which shall not exceed fourteen years, appertains to the Governor, upon application being made to him to that effect by such persons as may have invented or essentially improved any art or branch of industry Q

DALIUM, DUI, JE-24 1