310 Relation between the Bar and Attorneys.-New Statutes effecting Alterations in the Law.

vade the province of the Attorneys, whilst has been framed in terms so equivocal as to they were also anxious to avoid the respon- admit of being cited as an authority on the sibility of advising a course of proceeding opposite side.

so much at variance with the avowed senti

INCLOSURE OF LANDS.

15 VICT. c. 2.

An Act to authorise the Inclosure of certain
Lands, in pursuance of the Seventh Annual
and also of a Special Report of the Inclosure
Commissioners for England and Wales.
[20th April, 1852.]

ments of the acknowledged heads of the NEW STATUTES EFFECTING ALTEProfession-in short-that they were willing RATIONS IN THE LAW. to wound and yet afraid to strike the blow! No one can doubt how the passage will be understood by those who are impatient to unite in their own persons the functions of Barrister and Attorney. The extracts published in our last Number (p. 271), from the Law Review, a work which ably and faithfully represents the opinions and promotes the views of the Law Amendment Society, indicate unmistakably the uses Whereas the Inclosure Commissioners for which a portion of the Bar are disposed to England and Wales have, in pursuance of the make of the concession granted by the Le-Act passed in the Session of Parliament holden gislature, upon the distinct understanding in the 8 & 9 Vict. c. 118, issued provisional that it was not to be made the pretext for inclosures mentioned in the first Schedule to orders for and concerning the several proposed any departure from the established usage this Act, and have, in the Seventh Annual of the Profession. General Report of their proceedings, certified No apology can be necessary for bringing their opinion that such inclosures would be this topic prominently and repeatedly be-expedient; but the same cannot be proceeded fore our readers. The honour and charac- with without the authority of Parliament: And ter of the Profession will be better consulted by preventing irregularities than by condemning or even correcting them after they

whereas, before the date of the said Annual General Report, the said Inclosure Commissioners issued their provisional order for and concerning the proposed inclosure mentioned in the second Schedule to this Act, and the requisite consents thereto had been given, but the said Commissioners had not received information of such consents having been so given at the time of making their said report: And whereas the said Commissioners have, by a special report, certified their opinion that such last-mentioned proposed inclosure would be with without such authority: Be it enacted, expedient; but the same cannot be proceeded

have been committed. It is at the outsetbefore an unseemly rivalry has commenced between the Junior Bar and the Attorneys -that it is desirable to obtain the opinion of all branches of the Profession upon the propriety and expediency of a course clearly contemplated by some of its members. So far as it can be ascertained, it is understood to be the private opinion of nearly every man of standing and position in the Profession, that the interests of the Junior Bar and of the Attorneys-and what is still more important, the interests of the Public-will be best promoted by Barristers and Attorneys continuing to confine themselves strictly to their legitimate and distinct province. All that is required is an explicit declaration of that opinion so that it may be universally understood. It is matter for regret that the report of the Law Amendment Society pression "The Annual Inclosure Act, 1852.”

1. That the said several proposed inclosures mentioned in the Schedules to this Act be proceeded with, and as respects the proposed inclosure mentioned in the second Schedule to this Act, in the same manner as if the expediency of such inclosure had been certified by the Commissioners in their said Annual General Report.

2. And be it enacted, That in citing this Act in other Acts of Parliamtent, and in legal instruments, it shall be sufficient to use the Ex

Application for letters patent to be advertised, and also oppositions to the same;

Specification and objections to be referred to law officer; s. 13.

Certain persons constituted Commission-s. 12. ers of Patents for Inventions, three of whom may act, the Chancellor or Master of the Rolls being one; s. 1.

Seal of the Commissioners; s. 2. Power to Commissioners to make rules and regulations, which shall be laid before Parliament. Commissioners to report annually to Parliament; s. 3.

Treasury to provide offices; s. 4. Commissioners, with consent of the Treasury, to appoint clerks, &c.; s. 5. Petition and declaration to be accompanied with a provisional specification; s. 6. Every application to be referred to one of the law officers; s. 7.

The provisional specification to be referred to the law officer who, if satisfied, may give a certificate of his allowance, which shall be filed; s. 8.

Inventor may deposit, in lieu of a provisional specification, a complete specification, such deposit to confer for a limited time the like rights as letters patent; s. 9. Letters patent granted to the first inventor not to be invalidated by protection obtained in fraud of the first inventor; s. 10.

Commissioners to cause protections to be advertised; s. 11.

Power to law officer to order by or to whom costs shall be paid; s. 14.

Power to law officer to cause a warrant to

be made for sealing of letters patent. Chancellor to have same powers in respect to warrant, &c., as he now has. Writ of scire facias; s. 15.

Nothing to affect the prerogative of the Crown in granting or withholding grant of letters patent; s. 16.

Letters patent to be made subject to avoidance on nonfulfilment of certain conditions; s. 17.

Letters patent issued under the Great Seal to be valid for the whole of the United Kingdom, the Channel Islands, and the Isle of Man. Nothing to give effect to any letters patent granted in any colony; s. 18.

No letters patent to be issued after 3 months from the date of warrant; s. 19.

No letters patent (except in lieu of those lost, &c.), to be issued after expiration of protection given by this Act; s. 20.

Letters patent may be granted to personal representatives of the applicant during the term of protection, or within three months after applicant's decease; s. 21.

New Statutes effecting Alterations in the Law.

struments and copies proceeding from the office of the Commissioners, and all Courts, Judges, and other persons whomsoever, shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evidence, without further proof or production of the originals, all copies or extracts, certified under the seal of the said office, of or from documents deposited in such office.

313

to call to his aid such scientific or other person as he may think fit, and to cause to be paid to such person by the applicant such remuneration as the law officer shall appoint; and if such law officer be satisfied that the provisional specification describes the nature of the invention, he shall allow the same, and give a certificate of his allowance, and such certificate shall be filed in the office of the Commissioners, and thereupon the invention therein referred to may, during the term of six months 3. It shall be lawful for the Commission- from the date of the application for letters ers from time to time to make such rules patent for the said invention, be used and puband regulations (not inconsistent with the pro-lished without prejudice to any letters patent visions of this Act) respecting the business of to be granted for the same, and such protection their office, and all matters and things which under the provisions herein contained are to be under their control and direction, as may appear to them necessary and expedient for the purposes of this Act; and all such rules shall be laid before both Houses of Parliament within 14 days after the making thereof, if Parliament be sitting, and if Parliament be not sitting, then within 14 days after the next meeting of Parliament; and the Commissioners shall cause a report to be laid annually before Parliament of all the proceedings under and in pursuance of this Act.

4. It shall be lawful for the Commissioners of her Majesty's Treasury to provide and appoint from time to time proper places or buildings for an office or offices for the purposes of this Act.

5. It shall be lawful for the Commissioners, with the consent of the Commissioners of the Treasury, from time to time to appoint for the purposes of this Act such clerks and officers as the Commissioners may think proper; and it shall be lawful for the Commissioners from time to time to remove any of the clerks and officers so appointed.

from the consequences of use and publication is hereinafter referred to as provisional protection: Provided always, that in case the title of the invention or the provisional specification be too large or insufficient, it shall be lawful for the law officer to whom the same is referred to allow or require the same to be amended.

9. The applicant for letters patent for an invention, instead of leaving with the petition and declaration a provisional specification as aforesaid, may, if he think fit, file with the said petition and declaration an instrument in writing under his hand and seal (hereinafter called a complete specification), particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed, which complete specification shall be mentioned in such declaration, and the day of the delivery of every such petition, declaration, and complete specification shall be recorded at the office of the Commissioners, and endorsed on such petition, declaration, and specification, and a certificate thereof given to such applicant or his agent, and thereupon, subject and without prejudice to the provisions hereinafter contained, the invention shall be. protected under this Act for the term of six months from the date of the application, and the applicant shall have during such term of six months the like powers, rights, and privileges as might have been conferred upon him by letters patent for such invention, issued under this Act, and duly sealed as of the day of the date of such application; and during the continuance of such powers, rights, and privileges under this provisions, such invention may be used and published without prejudice to any letters patent to be granted for the same; and where letters patent are granted in respect of such invention, then in lieu of a condition for making void such letters patent in case such invention be not described and ascertained by a subsequent specification, such letters patent shall be conditioned to become void if such complete specification, filed as aforesaid, does not particularly describe and 7. Every application for letters patent made ascertain the nature of the said invention, and under this Act shall be referred by the Com-in what manner the same is to be performed; missioners, according to such regulations as and a copy of every such complete specification they may think fit to make, to one of the law shall be open to the inspection of the public, officers. as hereinafter provided, from the time of de8. The provisional specification shall be re-positing the same, subject to such regulation ferred to the law officer, who shall be at liberty as the Commissioners may make.

6. Every petition for the grant of letters patent for an invention, and the declaration required to accompany such petition, shall be left at the office of the Commissioners, and there shall be left therewith a statement in writing, hereinafter called the provisional specification, signed by or on behalf of the appli cant for letters patent, describing the nature of the said invention; and the day of the delivery of every such petition, declaration, and provisional specification shall be recorded at the said office, and endorsed on such petition, declaration, and provisional specification, and a certificate thereof given to such applicant or his agent; and all such petitions, declarations, and provisional specifications shall be preserved in such manner as the Commissioners may direct, and a registry thereof and of all proceedings thereon kept at the office of the Commissioners.

10. In case of any application for letters to cause a warrant to be made for the sealing patent for any invention, and the obtaining of letters patent for the said invention, and upon such application of provisional protection such warrant shall be sealed with the seal of for such invention, or of protection for the the Commissioners, and shall set forth the same, by reason of the deposit of a complete tenor and effect of the letters patent thereby specification as aforesaid in fraud of the true authorised to be granted, and such law officer and first inventor, any letters patent granted shall direct the insertion in such letters patent to the true and first inventor of such invention of all such restrictions, conditions, and proshall not be invalidated by reason of such visoes as he may deem usual and expedient in application, or of such provisional or other such grants, or necessary in pursuance of the protection as aforesaid, or of any use or publi- provisions of this Act; and the said warrant cation of the invention subsequent to such shall be the warrant for the making and sealing application, and before the expiration of the of letters patent under this Act according to term of such provisional or other protection. the tenor of the said warrant: Provided al11. Where any invention is provisionally ways, that the Lord Chancellor shall and may protected under this Act, or protected by have and exercise such powers, authority, and reason of the deposit of such complete specifi-discretion in respect to the said warrant, and cation as aforesaid, the Commissioners shall the letters patent therein directed to be made cause such provisional protection or such other protection as aforesaid to be advertised in such manner as they may see fit.