CO885(1-2) — Page 522

TILIT

PUBLIC RECORD OFFICE

67

Reference -

C.O.885

2 PUBLIC RECORD OFFICE, LONDON

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

72

of

such petition as aforesaid, the petitioner shall any cause to be published, in the same manner as is hereinbefore required with respect to the said first- mentioned appointment, an advertisement of the contents of the said commission, in the form con- tained in the seventh schedule to this Act, or to the like effect, and any person having an interest in opposing the said petition shall be at liberty to enter a caveat against the same, at the office of the Chief' Secretary, at any time, not being less than one week before the time named in the said commission for

the execution thereof.

VICTORIA.

Governor, No. 28, March 12, 1857.

XXVII. At the time and place fixed in the said Commissioners to hear all parties

commission for that purpose, the Commissioners

shall meet and proceed to consider such petition, and the petitioner shall be heard. by his counsel and witnesses, to prove his case, as stated in such petition, and the publication of the said last-men- tioned advertisement, as required by this Act, and the

persons entering caveats shall likewise be heard by their counsel and witnesses, and all such witnesses shall be examined upon oath or affirmation (which oath or affirmation such Commissioners as aforesaid are hereby authorised and required to administer), and thereupon, and upon hearing and inquiry of the whole matter (in case such petitioner shall have prayed for an extension as aforesaid), the said Com- missioners may report whether any, and, if any, what, further extension of the said term should be granted, and the Governor is hereby authorised and em- powered, if he, with the advice aforesaid, shall think fit, to grant to the petitioner new Letters-Patent for the said invention, for a term not exceeding fourteen years after the expiration of the first term, anything hereinbefore contained to the contrary thereof in any wise notwithstanding, and such new Letters-Patent shall be sealed and bear date as of the day after the expiration of the term of the first Letters-Patent, or (in case such petitioner shall bave prayed for a con- firmation or graut as aforesaid) such Commissioners, upon examining the said matter, and being satisfied that such patentee, as aforesaid, believed himself to be the first and original inventor, and being satisfied that such invention, or part thereof, had not been publicly and generally used before the date of such first Letters-Patent, may report to Her Majesty, her

and report.

VICTORIA.

Governor, No. 28. Marchi 12. 1857.

Index to specification, disclaimers.

&c.

Register of Patents to be kept.

73

heirs and successors, their opinion that the prayer of such petition ought to be complied with, where- upon the Governor may, if he, with the advice aforesaid, shall think fit, grant such prayer, and the said Letters-Patent shall be available at law and in equity, to give to such petitioner the sole right of using, making, and vending such invention, as against all persons whatsoever, anything herein- before contained to the contrary thereof notwith- standing Provided that any person, party to any former suit or action touching such first Letters- Patent as last aforesaid, shall be entitled to have notice, in writing, of the time and place fixed as aforesaid, for the first meeting of the said Commis- sioners, to consider the said petition, and after any such report shall have been made it shall not be, material or necessary to inquire or ascertain whether any such advertisement as last aforesaid has or has not been published, or whether any such notice as last aforesaid has or has not been given in the manner hereinbefore directed in that behalf.

XXVIII. The Governor, with the advice afore- said, may cause indexes to all specifications, dis- claimers, and memoranda of alterations heretofore or to be hereafter enrolled or deposited as aforesaid, to be prepared in such form as may be thought fit, and such indexes shall be open to the inspection of the public at such places as the Governor, with the advice aforesaid, shall appoint, and subject to the regulations to be made as hereinbefore provided.

XXIX. There shall be kept at the office, to be appointed as aforesaid, a book or books to be called "the Register of Patents," wherein shall be entered and recorded, in chronological order, all Letters- Patent granted under this Act, the deposit and filing of specifications, disclaimers, and memoranda of alterations filed in respect of such Letters-Patent, all amendments in such Letters-Patent and specifi- cations, all confirmations and extensions of such Letters-Patent, the expiry, determination, vacating, or cancelling such Letters-Patent, with the dates thereof respectively, and all other matters and things affecting the validity of such Letters-Patent as the Governor, with the advice aforesaid, may direct; and such register, or a copy thereof, shall be

U