CO885-(1-2) — Page 454

PUBLIC RECORD OFFICE

Reference :-

LLC.O.885

2 PUBLIC RECORD OFFICE, LONDON

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

30

PRINCE EDWARD ISLAND.

Lieutenant-Governor, No. 10. April 7, 1853.

Mr. Attorney-General Young.-By the Colonial PRINCE EDWARD ISLAND. Act passed in the seventh year of the reign of the late King William IV, cap. 21, entitled "An Act for granting Patents for Useful Inventions," the Lieutenant-Governor is empowered to grant Letters- Patent to any inhabitants of this Island, for a term not exceeding ten years, for the invention or dis- covery of any new or useful art, machine, manu- facture, or composition of matter, or any new or useful improvement in any art, machine, manu- fucture, or composition of matter.

The mode of proving Patents in our Court is precisely similar to the mode pursued by the practice of the Queen's Bench in England.

The Executive Council are, I think, unanimously of opinion that it would not be advisable to allow Patents' granted in England, or in any of her dependencies, to be extended to this Colony, without having first obtained the sanction of this Legislature.

The practice at present pursued by non-residents desirous of obtaining a Patent in this Island, is by petition to the Legislature, praying that an Act might be passed to enable them to exercise their Patents within the precincts of this Island, and in some instances this Act has been granted, without expense to the petitioner.

NEWFOUNDLAND.

31

Mr. Acting Solicitor-General Hoyles.-The only

Governor. No. 53. April 19, 1853. Patent Law in force in this Colony, other than a a Patent for private Act, 13 Vict., cap. 16, giving fourteen years, to Thomas Robson, for a fog-bell,

is the general local Act of the 14th Vict., cap. 9, by which any British subject may, on the conditions mentioned in the Act, obtain a Patent for this Colony, for the exclusive use of any new invention, for the term of fourteen years.

The mode of proving, in the local Courts, Patents

granted in England, would be the Patent, by pro- duction, as well before as since the 15 and 16 Vict., the Great Seal proving itself. The specification, by an examined copy verified vivd voce, or under the provisions of the 5th and 6th Wm. IV, cap. 62, sec. 15; by a copy printed by the Queen's printer, under the 33rd section of 15 and 16 Viet.; or by a certified copy under the provisions of the 2nd section · of the last-mentioned Act.

I am not aware of any reasonable objection that could be urged against the extension of Patents granted in England to this Colony; such Patents, with their specifications, being registered in the Colony, the prior right of patentees under any local Acts being protected, and reasonable facility being afforded to the colonists to take Patents in England, by permitting oaths, declarations, and evidence, where necessary, to be made and taken in the Colony.

As, under the provisions of the Act 14th and 15th Vict., cap. 99, and of the Acts before referred to, a prosecution for breach of Patent-right could be as easily conducted in this Colony as in Great Britain, no further facilities for such a purpose would, in my opinion, be necessary.

NEWFOUNDLAND.

Governor Hamilton.-l requested the Solicitor-

NEWFOUNDLAND.

General to furnish me with such observations on Governor, No. 53, April 19, 1858. the questions proposed, as he might deem necessary

for the information of Her Majesty's Government.

In transmitting these observations, I have, at the same time, to acquaint you that Her Majesty's Council, to whom I submitted them, together with your despatch, concur in the views on this subject expressed by Mr. Hoyles.

BERMUDA.

Acting Governor, No 27.

April 8. 1853.

BERMUDA.

Acting Governor Eden.-1. That there does not appear to be any Act of the Colony authorising or relating to the grant of Patents.

2. That as well by the Act of the Imperial Par- liament to amend the law of evidence, the 14 & 15 Vict., cap. 99, as by a local Act passed in 1846,

32

entitled "An Act for improving the Law of "Evidence," every facility appears to be afforded for the proof, in the Colonial Courts, of all official or public documents from England, the latter Act indicating the same mode of proof as the enact- ments of 14 & 15 Vict., cap. 99.

3. That the Council, before whom the circular has been laid, do not think it at all desirable that the grants of Patents in England should be extended to the Colony.

BERMUDA

Acting Governor. No. 27, April 8, 1953.