CO885(1-2) — Page 518

PUBLIC RECORD OFFICE

Reference -

TLC.O.

885

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

PUBLIC RECORD OFFICE, LONDON

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and apart from and in the absence of the other and his witnesses and evidence.

X. The Law Officer, after such hearing and consideration, may issue a warrant under his hand and seal, for the granting of Letters-Patent for the said invention, and by such warrant shall direct the insertion in such Letters-Patent of all such restric- tions, conditions, and provisoes, as he may deem usual and expedient in such grants, or necessary in pursuance of this Act; and the said warrant shall be the warrant for the making and sealing of Letters-Patent under this Act, according to the tenour of the said warrant; and every such warrant shall be in the form contained in the fourth Sche- dule to this Act, or to the like effect.

VICTORIA.

Governor, No. 28, March 12, 1857.

XI. The writ of scire facias shall lie for the repeal of Letters-Patent granted under this Act,

any and may be issued into the circuit district in which the grantee resided when the said Letters-Patent were granted; and in case such grantee does not reside in Victoria, it shall be sufficient to file such writ in the proper office of the Supreme Court, and serve notice thereof in writing at the last known place of residence or business of such grantee; and nothing herein contained shall extend to, abridge, or affect the prerogative of the Crown, in relation of any to the granting or withholding the grant Letters-Patent; and it shall be lawful for the Governor, with the advice aforesaid, to order such Law Officer to withhold such warrant as aforesaid, or that any Letters-Patent for the granting whereof he may have issued a warrant as aforesaid shall not issue, or to order the insertion in any such Letters- Patent of any restrictions, conditions, or provisoes, in addition to or in substitution for any restrictions, conditions, or provisoes, which would otherwise be inserted therein under this Act; and it shall also be lawful for the Governor, with the advice aforesaid, to order any specification in respect of the invention described, in which no Letters-Patent may have been granted, to be cancelled, and thereupon the protection obtained by the deposit of such speci- fication shall cease.

Law Officer may issue warrant for

Letters-Patent.

Letters-Patent may be repealed or withheld, and specification can- celled.

VICTORIA.

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XII. All Letters-Patent for inventions granted

Governor, No. 28, March 12, 1857. under this Act shall be in the form contained in the Letters-Patent to be void on non- fifth Schedule to this Act, or to the like effect, and

performance of conditions.

Letters-Patent to be issued within

be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine at the expiration of three years and seven years respectively from the date thereof, unless there be paid within the said three and seven years respectively, the sums of money in that behalf hereby required to be paid; and the Chief Secretary shall issue, under his hand, a certificate of such payment, and shall endorse a receipt for the same on the Letters-Patent.

XIII. The Chief Secretary, so soon after the

three months after warrant, and receipt by him of the said warrant as required by during the protection.

the applicant, shall cause to be prepared Letters- Patent for the invention, according to the tenour of the said warrant; and it shall be lawful for the Governor, with the advice aforesaid, to cause such Letters-Patent to be sealed with the seal of the Colony, and such Letters-Patent shall be made applicable to the said Colony and its dependencies, and shall be valid and effectual as to the whole of the same respectively; but except as hereinafter mentioned, no Letters-Patent shall issue on any warrant granted as aforesaid, unless application be made to seal such Letters-Patent within three months after the date of the said warraut, nor unless such Letters-Patent be granted during the continuance of the protection conferred under this Act by reason of such deposit.

Letters-Patent may issue after that

time in certain cases.

XIV. Where the application to seal such Letters- Patent has been made during the continuance of such protection as aforesaid, and the sealing of such Letters-Patent has been delayed from accident, and not from the neglect or wilful default of the applicant, then such Letters-Patent may be sealed at such. time, not being more than one month after the expiration of such protection, as the Governor, with the advice aforesaid, shall direct; and where the applicant for such Letters-Patent dies during the continuance of such protection as aforesaid, such Letters-Patent may be granted to the executors or administrators of such applicant during the con- tinuance of such protection, or at any time within

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