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it is only necessary that i should express my entire concurrence in the answers returned by him to the queries propounded for our consideration.

The Executive Council.-His Excellency the *Lieutenant-Governor remarks, that it appears to him to be but right that an inventor should have the benefit of his invention secured to him in the Colonies as well as in England.

The Senior Military Officer commanding the troops

is of opinion, that an invention which has probably

years

taken of labour to mature is as much the private and property of the inventor as anything he j

possesses, therefore it is but fair that his rights should be pro- tected in a British Colony as well as in England.

The Colonial Treasurer and Chief Police Magis-

trate concur.

The Colonial Secretary concurs with the Senior Military Officer and other members as to the right of property of an individual in his invention, but is of opinion that an English patentee, by being allowed to have the benefit of his Patent in this Colony as proposed, will be placed, under the existing state of the Law of Patents here, in a better position than a resident in the Colony, who, to avail himself of the exclusive right of his invention, must take out a Patent in England, and then have it registered in this Colony, which cannot be done in less than eight mouths. And if an English patentee is to

be allowed to extend his Patent to this Colony by registering here, Colonial inventors should also be allowed to register their inventions in the Colony, without reference to England, and have the exclusive benefit of them at once.

With regard to the second point, the Council are of opinion, that the measure proposed by the Law Officers of the Crown would be both simple and effective, viz.:-To enact that upon the applica- tion of the patentee or his assignee within a certain time, the Commissioners of Patents for Inventions (under the "Patent Law Amendment Act, 1852,") shall transmit or cause to be transmitted to the Lieu- tenant-Governor, to be by him sent to the Registrar to be filed in the Supreme Court (or the transmis- sion might be to the Registrar direct), and that such Letters-Patent and specification produced by the Registrar shall be evidence in the Colonial Courts without further proof.

VAN DIEMEN'S LAND.

Lieutenant-Governor, No. 155. July 5, 1853.

SOUTH AUSTRALIA,

Lieutenant-Governor. No. 28. July 12, 1853.

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SOUTH AUSTRALIA.

Mr. Crown Solicitor Mann.-1. The present state of the law in the Colony in respect to Patents.

Patent-rights, within South Australia, are created by Private Acts of the Governor and Legislative Council of the province, which being bye-laws have of course no efficacy beyond the boundaries of the province. The practice is for the inventor to prefer a petition to his Excellency that the rights sought should be conceded, and this petition is accompanied with such specifications and proofs as may be neces- sary to support it.

This petition and the other papers are submitted to the Law Officers of the Crown, and, in the absence of objection, the inventor is allowed to bring a private Bill before the Legislative Council. If it is deemed necessary, proof is laid before a Committee of the Council, upon whose report or upon their own knowledge, the private Bill passes the Council, and upon receiving his Excellency's assent, becomes law in the Colony.

2. The mode of proving Patents in the Colonial Courts.

Colonial Patents being, as suggested, by private Act, the Colonial Courts would take cognizance of

the private Act, upon receiving the usual proof. English Patents, where the warrant directs such Letters-Patent shall be made applicable to the Colonies, would be proveable upon producing the exemplification or constat of the roll, or the Letters- Patent, or under Section 9, Act No. 2 of 1852, by a copy or extract thereof, signed and certified as a true copy or extract by the officer to whose custody the original is entrusted.

3. As to the facilities it would be requisite for

the Legislature to give for rendering an English - Patent available in the Colony.

As already suggested, the introduction of the Act

to amend the law of evidence, No. 2 of 1852, seeins to me to have given the requisite facility for the proof of English Patents, if the province is included in the warrant of the Commissioners under 15 & 16 Vict., cap. 83.

As to the expediency of extending Patents to the

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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. 1 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-