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Colonies, it would seem to me to be advisable on the whole to do so, in cases where, from the importance of the invention, an English Patent would be thought necessary, because, in such a case, the warrant could make the privilege applicable to as whereas a many Colonies as were mentioned in it; local Act, being in the nature of a bye-law, would of course only extend to South Australia. In cases where the expense of obtaining the English Patent would be deemed an insuperable difficulty, the Colonial Private Act would of course be preferred.

I beg to call attention to sections 41, 42, and 43 and particularly to section 42) of the 15th and 16th Vict., cap. 83, as containing provisions in reference to actions for infringements of Letters-Patent, which it may possibly be deemed necessary to make part of the law of the province.

Mr. Advocate-General Hanson.-I beg to refer to the report of the Crown Solicitor, from which it' appears that full powers of creating Patent-rights within the Colony are enjoyed by the Governor and Council, and that no difficulties exist in the way of proving English Patents since the provisions of the recent Act of Parliament to amend the law of evidence have been adopted in this province. I do not think any legislation upon the subject necessary here; and with regard to the question of expediency, it would doubtless be very beneficial to the Colony to have the free use of patented inventions without compensating the inventor, but I think in justice British subject is entitled to the benefit of his Patent throughout the British dominions.

every

SOUTH AUSTRALIA.

Lieutenant-Governor, No. 23, July 12, 1853.

WESTERN AUSTRALIA.

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ment deem it advisable to grant in England Patents

Governor, No. 107, Nov. 3, 1853, extending to this Colony, the "Patent Law Amendment Act, 1852,” taken in conjunction with

the local Ordinance to amend the law of evidence, 16th Victoria, No. 9 (by which the 14th and 15th Viet., cap. 99, has been enacted, with such slight verbal alterations only as the circumstances of the Colony rendered necessary), has secured all patentees, under such Patents, all necessary facilities for ren- dering such Patents available by proof in the Colo- nial Courts in case of infringement of the inventor's rights.

The Council, moreover, are of opinion, that all Patents granted in England, and extending to this Colony, together with all specifications connected therewith, should be enrolled in this Colony, and that it would be necessary to establish (by a local Ordinance) an office for this purpose, together with

a proper scale of charges for such enrolments, &c.

This Ordinance might also provide that certified office-copies of all documents so enrolled should be received in evidence without proof.

WESTERN AUSTRALIA.

Executive Council.—The Council are of opinion WESTERN AUSTRALIA. that, taking into consideration the peculiar circum-

Governor, No. 107, Nov. 3, 1853. stances of Western Australia, and also its very limited population, the grant of Patents in England extending to this Colony is not at present expe- dient.

With reference to the second question, the Council are of opinion that, should Her Majesty's Govern-

PUBLIC RECORD OFFICE

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