CO885-(1-2) — Page 447

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

2 PUBLIC RECORD OFFICE. LONDON

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

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XI. Any person desiring the same shall be entitled to demand and obtain from the Provincial Secretary a copy of any Letters-Patent, or of any petition, deposition, drawing, specification, or document what- soever in connection therewith, or on which the same were granted.

XII. When an application is made for a Patent, and Her Majesty's Attorney-General shall decide that it will interfere with any other application then pending, or with any unexpired Patent already granted, it shall be the duty of the Provincial Secre- tary, upon the representation of the Attorney- General, to give notice to the several applicants or patentees; and if any of them shall be dissatisfied with the decision of the Attorney-General, he may appeal from such decision to the Lieutenant-Governor in Council.

NEW BRUNSWICK.

Lutenant-Governor, No. 6.

January 28, 1854.

Copies of patents, documents, and drawing, to be furnished by Provincial Secretary to any per- son applying.

If Attorney-General is of opinion that application interferes with previous application or patent, appeal may be made to the Lieutenant-Governor in Council.

XIII. On such appeal being made in writing, the Board of Examiners to be appointed

to hear appeal. Lieutenant-Governor in Council shall appoint a Board of Examiners, to consist of three disinterested persons, one of whom at least shall be selected, if practicable and convenient, for his knowledge and skill in the particular art, manufacture, or branch of science to which the alleged invention appertains. The examiners shall be sworn before a Justice of the Peace, to the faithful and impartial performance of the duty confided to them; they shall be fur- nished with a certified copy of the opinion and decision of the Attorney-General, stating the parti- cular grounds thereof, and specifying what part of the invention be considers not entitled to be patented; they shall give reasonable notice to the Attorney-General, and to the several parties inte- rested of the time and place of their meeting; and it shall be the duty of the Attorney-General to furnish

to the Examiners such information as he may possess relative to the matter referred to.

XIV. The Board of Examiners shall have power Powers and duties of Board of

to examine on oath all parties giving vivá voce testimony before them, which oath any one of the Examiners may administer, and after examination and consideration, the Examiners, or a majority of them, may either reverse or confirm the decision of the Attorney-General, in whole or in part, and their

Examiners.

NEW BRUNSWICK,

Lieutenant-Governor, No. 6. January 28, 1854.

Attorney-General may apply for

Board of Examiners,

Appellants may apply for Board of Examiners or Appeal to Judge of Supreme Court.

Mode of proceeding by and before

the Judge.

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opinion being certified in writing to the Attorney- General, he shall be governed thereby in any

further

proceedings: Provided always, that before a Board of Examiners shall be instituted in any case, the party applying for the same shall pay into the office of the Provincial Secretary the sum of twenty-five pounds, for the purpose of paying reasonable com- pensation to the Examiners, and defraying any other expenses connected with the appeal.

XV. If the Attorney-General from any cause entertains doubts as to the applicant's right to a Patent, and desires further evidence, he shall apply to the Lieutenant-Governor in Council to appoint a Board of Examiners, and such Board shall thereupon) be appointed, and shall possess the same powers aud functions as if appointed at the instance of a party appealing; but before such Board shall enter upon its duties, the applicant whose case is to be consi- dered shall pay into the Provincial Secretary's office the sum of twenty pounds for the purposes men- tioned in the preceding section.

XVI. In every case of appeal from the decision of the Attorney-General, it shall be optional with the appellant either to apply for a Board of Examiners, or to appeal to any Judge of the Supreme Court. In case of appeal to a judge, the appellant shall give notice of his intention to the Attorney-General, and at the same time file in the Provincial Secretary's office the reasons for his appeal specifically set forth in writing.

XVII. The appellant shall apply to the Judge by petition, and it shall be the duty of the Judge there- upon to hear and determine the appeal in a summary way upon the evidence produced before the Attorney- General, at such early and convenient time as the Judge may appoint. Due notice of the time and place of hearing shall be given by the appellant to the Attorney-General, who shall notify all parties interested in the appeal, in such manner as the Judge shall prescribe. The Attorney-General shall lay before the Judge all the original papers and evidence in the case, together with the grounds of his decision, fully set forth in writing: after the hearing of such appeal, it shall be the duty of the F