New Statutes effecting Alterations in the Law. REFERS. Fees to be paid. On leaving petition for grant of let- £ on notice of intention to proceed 335 s. d. 5 0 the schedule to this Act in respect of letters THE SCHEDULE ΤΟ WHICH THIS ACT patent issued for the United Kingdom under this Act, on or previously to the sealing of such letters patent; and at or before the expiration of the third year and the seventh year respectively of the term granted by such letters patent for England or Scotland or Ireland, sums equal to one-third part of the fees and stamp duties payable at the expiration of the third year and the seventh year respectively of the term granted by letters patent issued for the United Kingdom under this Act; and the condition of such letters patent for England or Scotland or Ireland shall be varied accord ingly; and such fees shall be paid to such persons as the Commissioners of her Majesty's Treasury shall appoint, and shall be carried to and form part of the said Consolidated Fund. with the application At or before the expiration of the On leaving notice of objections 54. The several forms in the Schedule to this Act may be used for and in respect of the several matters therein mentioned, and the Commissioners where they think fit, vary may, such forms as occasion may require, and cause to be printed and circulated such other forms as they may think fit to be used for the pur-On certificate of payment of the fee poses of this Act. 55. In the construction of this Act the fol lowing expressions shall have the meanings The expression "Lord Chancellor" shall mean The expression "The Commissioners" sball land: The expression" Invention shall mean any manner of new manufacture the subject of letters patent and grant of privilege within the meaning of the Act of the 21 Jac. Stamp Duties to be paid. payable at or before the expiration On certificate of payment of the fee No. FORMS. . 0015 1000 200 5 0 0 0 0 5 0 0 10 0 0 20 0 0 To the Queen's most Excellent Majesty. The humble petition of [here insert name and address of petitioner] for, &c. Sheweth, That your petitioner is in possession of an invention for [the title of the invention], which invention he believes will be of great public utility; that he is the true and first inventor thereof; and that the same is not in use by any other person or persons, to the best of his knowledge and belief. Your petitioner therefore humbly prays, that your Majesty will be pleased to grant unto him, his executors, administrators, and assigns, your royal letters patent for the United Kingdom of and Isle of Man [colonies to be mentioned, if Great Britain and Ireland, the Channel Islands, The expressions Petition," Declaration,' "any], for the term of 14 years, pursuant to the "Provisional Specification," 66 Warrant," "statutes in that case made and provided. and "Letters Patent," respectively, shall And your petitioner will ever pray, &c. tion, insert these words :-" and that the instru- Upon consideration of all the matters aforement in writing under my hand and sea. hereun- said, and as it is entirely at the hazard of the to annexed, particularly describes and ascertains said petitioner whether the said invention is the nature of the said invention and the manner new or will have the desired success, and as it in which the same is to be performed;"] and I may be reasonable for her Majesty to encourage make this declaration conscientiously believ-all arts and inventions which may be for the ing the same to be true, and by virtue of the public good, I am of opinion, that her Majesty provisions of an Act made and passed in the may grant her royal letters patent unto the Session of Parliament held in the 5 & 6 Wm. petitioner, his executors, administrators, and 4, intituled "An Act to repeal an Act of the assigns, for his said invention within the present Session of Parliament, intituled An United Kingdom of Great Britain and Ireland, Act for the more effectual Abolition of Oaths the Channel Islands, and Isle of Man [colonies and Affirmations taken and made in various to be mentioned, if any], for the term of 14 departments of the State, and to substitute de- years, according to the statute in that case clarations in lieu thereof, and for the more en- made and provided, if her Majesty shall be tire Suppression of voluntary and extra-judicial graciously pleased so to do, to the tenor and Oaths and Affidavits,' and to make other effect following: Provisions for the Abolition of unnecessary Oaths." A. B. Declared at A.D. No. this before me, day of A Master in Chancery, or Justice of the Peace. Provisional Specification. do hereby declare the nature of the said invention for [insert title as in petition], to be as follows: to [here insert description]. Dated this A.D.. [See next form]. Letters Patent. day Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith; To all to whom these presents shall come greeting: Whereas hath by his petition humbly represented unto us that he is in poswhich the pesession of an invention for titioner conceives will be of great public utility; that he is the true and first inventor thereof; and that the same is not in use by any other (To be signed by applicant or his agent.) person or persons, to the best of his knowledge Reference. (To be endorsed on the petition). Her Majesty is pleased to refer this petition to consider what may be pro perly done therein. and belief: The petitioner therefore most humbly prayed that we would be graciously pleased to grant unto him, his executors, administrators, and assigns, our royal letters patent for the sole use, benefit, and advantage of his said invention within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Clerk of the Commissioners. Isle of Man [colonies to be mentioned, if any], for the term of 14 years, pursuant to the statutes in that case made and provided : Warrant. In humble obedience to her Majesty's command referring to me the petition of of to consider what may be properly done therein, I do hereby certify as follows; That the said petition sets forth that the petitioner [Allegations of the petition]. And the petitioner most humbly prays, Prayer of the petition.] That in support of the allegations contained in the said petition, the declaration of the petitioner has been laid before me, whereby he solemnly declares, that [Allegations of the declaration]. That there has also been laid before me [a provisional specification signed and also a certificate ], or [a complete specification, and a certificate of the filing thereof], whereby it appears that the said in vention was provisionally protected [or proday of tected] from the And we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to condescend to the petitioner's request: Know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto his executors, administrators, and assigns, our especial licence, full power, sole privilege, and authority, that he the said his executors, administrators, and assigns, and every of them, by himself and themselves, or by his and their deputy or deputies, servants or agents, or such others as he New Statutes effecting Alterations in the Law. all times hereafter during the term of years herein expressed, shall and lawfully may make, use, exercise, and vend his said invention within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, in such manner as to him the said his executors, administrators, and assigns, or any of them, shall in his or their discretion seem meet; and that he the said , his executors, administrators, and assigns, shall 337 hinder the said ,his executors, administrators, or assigns, or any of them, or his or their deputies, servants, or agents, in or about the due and lawful use or exercise of the aforesaid invention, or anything relating thereto: Provided always, that these our letters patent are and shall be upon this condition, that if at any time during the said term hereby granted it shall be made appear to us, our heirs or successors, or any six or more of our or their privy council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof, or that the said is not the true and first inventor thereof within this realm as aforesaid, these our letters patent shall forthwith cease, determine, and be utterly void to all intents and purposes, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: Provided also, that these our letters patent, or anything herein next and immediately ensuing, according to the contained, shall not extend or be construed to statute in such case made and provided; and extend to give privilege unto the said to the end that he the said his his executors, administrators, or assigns, or executors, administrators, and assigns, and any of them, to use or imitate any invention or every of them, may have and enjoy the full be- work whatsoever which hath heretofore been nefit and the sole use and exercise of the said found out or invented by any other of our subinvention, according to our gracious intention jects whatsoever, and publicly used or exercised, hereinbefore declared, we do by these presents, unto whom our like letters patent or privileges for us, our heirs and successors, require and have been already granted for the sole use, exstrictly command all and every person and per-ercise, and benefit thereof: It being our will sons, bodies politic and corporate, and all other our subjects whatsoever, of what estate, quality, degree, name, or condition soever they be, within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, [colonies to be mentioned, if any], that neither they nor any of them, at any time during the continuance of the said term of 14 years hereby granted, either directly or indirectly do make, use, or put in practice the said invention, or any part of the same, so attained unto by the said as aforesaid, nor in anywise counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, devisor or devisors thereof without the consent, licence, or agreement of the said his executors, administrators, or assigns, in writing under his or their hands and seals first had and obtained in that behalf, upon such pains and penalties as can or may be justly inflicted on such offenders for their contempt of this our royal command, and further to be answerable to the said his executors, administrators, and assigns, according to law, for his and their damages thereby occasioned: And moreover we do by these presents, for us, our heirs and successors, will and command all and singular the justices of the peace, mayors, sheriffs, bailiffs, constables, headboroughs, and all other officers and ministers whatsoever of us, our heirs and successors, for the time being, that they or any of them do not nor shall at any time during the said term hereby granted in anywise molest, trouble, or and pleasure that the said his executors, administrators, and assigns, and all and every other person and persons to whom like letters patent or privileges have been already granted as aforesaid, shall distinctly use and practise their several inventions by them invented and found out, according to the true intent and meaning of the same respective letters patent and of these presents: Provided likewise, nevertheless, and these our letters patent are upon this express condition, [that if the said shall not particularly describe and ascertain the nature of his said invention, and in what manner the same is to be performed, by an instrument in writing under his hand and seal, and cause the same to be filed in within calendar months next and immediately after the date of these our letters patent ;] [and also if the said instrument in writing filed as aforesaid does not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed;] and also if the said his executors, administrators, or assigns shall not pay or cause to be paid at the office of our Coinmissioners of Patents for Inventions the sums following, that is to say, the sum of pounds on or before the day of , A. D. and the stamp duty payable certificate of such payment, pounds on or before , A. D. payable in respect of the payment; and also if the his executors, administra in respect of the said [insert upon the condition (amongst others) that I the within calen dar months next and immediately after the In witness whereof I the said A. B. have day of A. B. NOTICES OF NEW BOOKS. tors, or assigns, shall not supply or cause to if any], an invention for be supplied for our service all such articles of title as in letters patent] the said invention as he or they shall be required to supply by the officers or Commissioners administering the department of our service for the use of which the same shall be required, in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the said officers or Commissioners requiring the same; that then and in any of the said cases these our letters patent, and all liberties and advantages whatsoever hereby granted, shall utterly cease, determine, and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: Provided that nothing herein contained shall prevent the granting of licences in such manner and for such considerations as they may by law be granted; and lastly, we do by these presents, for us, our heirs and successors, grant unto the said his executors, administrators, and assigns, that these our letters patent, or the filing thereof, shall be in and by all things good, firm, valid, sufficient, and effectual in the law according to the true intent Remarks upon Notarial Evidence; with and meaning thereof, and shall be taken, con- Illustrations from the Cases bearing on strued, and adjudged in the most favourable the Subject, including that of Achilli v. and beneficial sense for the best advantage of Newman, as well as from the Statute the said his executors, adminiLaw and other sources. By ALEXANDER strators, and assigns, as well in all our Courts RIDGWAY, Notary. London: Stevens & of Record as elsewhere, and by all and singuNorton; Effingham Wilson. 1852. lar the officers and ministers whatsoever of us, our heirs and successors, in our united King- THIS is an able and zealous pamphlet in dom of Great Britain and Ireland, the Channel favour of the reception of notarial certifiIslands, and Isle of Man [colonies to be men-cates as evidence in our Superior Courts, tioned, if any], and amongst all and every the and particularly in the Courts of Chancery. subjects of us, our heirs and successors, what- The recent case of Achilli v. Newman, in soever and wheresoever, notwithstanding the not full and certain describing the nature or quality of the said invention, or of the materials thereunto conducing and belonging. In witness whereof we have caused these our letters to be made patent, this day of A.D. and to be sealed and bear date day of year of our reign. as of the said in the the Specification. of A.D. A.D. which the certificate of a notary at Rome was admitted in evidence by the Lord Chief Justice, is prominently noticed by Mr. Ridgway, who sets forth the document in the original language, and adds the fol lowing remarks : "The document in question was not strictly a judgment of the Inquisition (as it was first designated), nor even a copy of the proceedings of that Court; but the first portion of it' (to use Lord Campbell's words) 'merely stated the result to which the notary who drew it up had come,' after what he terms 'a complete investigation of the proceedings instituted in the Holy Office against Father Hyacinth Achilli.' "It may have been styled a judgment of the Inquisition, with a view to its being admitted as evidence under the 7th section of the Law of Evidence Amendment Act, 14 & 15 Viet, c. 99; but the cases hereafter referred to afford another claim to its reception, namely, as a notarial certificate. To all to whom these presents shall come; I, send greeting: Whereas her most excellent Majesty Queen Victoria, by her letters patent bearing date the day of in year of her reign, did for herself, her heirs and successors, give and grant unto me the said her special licence that I the said , my executors, administrators, and assigns, or such others as I the said , my executors, administrators, and assigns, should at any time agree with, and no others, from time to time and at all "Although it was, after much opposition, times thereafter during the term therein ex-admitted, Lord Campbell, upon more minute pressed, should and lawfully might make, use, inspection of this instrument, remarked:-'It exercise, and vend, within the United Kingdom was not in the form of a judgment. He should of Great Britain and Ireland, the Channel Is- have hesitated more in receiving it if he had lands, and Isle of Man [colonies to be mentioned, been made more acquainted with the com Review: Ridgway on Notarial Evidence. 339 rately the several decisions of our Courts of "That in mercantile transactions a notarial certificate is sufficient.-Sweeting v. Sweeting; Burt v. Jones. mencement; but, as it was, he did not regret truth or justice of the judgment, which, we having admitted it, as he felt disposed to open presume, was the real question in issue. the door as widely as possible, so as to admit evidence that might throw light on the issue.' "The Attorney-General's remarks were as follow :-- He now came, in the last place, to that extraordinary document which emanated from the Holy Inquisition. He quite agreed in the propriety of admitting that document quantum valeat; for there was a plea that Dr. Achilli had been pronounced guilty by the Inquisition, and that punishment had been awarded him in consequence. It was the first time that such a judgment had been put in evidence in this country, and he trusted it would be the last. In 1851, Mr. Harting went to Rome, and in some way or other a person whom Mr. Harting wished to shroud in mystery, interfered and obtained the judgment; this was Monsignor Talbot, the Pope's secretary, and Mr. Harting thought it would be prejudicial to the case to reveal that fact. So secret were the proceedings of the Court, that even a gentleman, now a bishop of the church, who went for papers, was not allowed to enter, but the clerk delivered them to him. There was no examination of copies with originals, and in fact they did not know whether such originals existed at all. The document referred to was not a copy of proceedings, but an account by the notary of what the proceedings contained,' &c. "Lord Campbell (according to the Herald's report) then said:-' I must take it that such a sentence was pronounced, but I cannot take that as a proof of the preceding fact.' "In other words, we may interpret his lordship's meaning. It is not a judgment; and as a notarial certificate, it simply proves there was a judgment, but not the justice of that judgment. In the charge he declared, in answer to objections raised :-"That the certificate was not only admissible evidence, but very strong evidence,' and the jury by their verdict confirmed this view, for out of the twenty-three justifications of the alleged libel pleaded by Dr. Newman, one alone was by the jury deemed proved, and that one wholly and solely rested upon Angelus Argenti's notarial certificate.” We incline to think that this precedent itself would go but a short way towards the conclusion at which the learned notary would arrive. It appears to be merely a report from the notary of the result of proceedings in the Court of Inquisition at Rome, but not a copy of the judgment, still less of the recital of facts or grounds on which the judgment was pronounced. The paper might be admissible under the peculiar circumstances of the case. It was alleged by Dr. Newman that a judgment had been pronounced by the Inquisition at Rome against Achilli, and the existence of the judgment might be proved by the notarial certificate; but it did not prove the "That a notarial certificate should be made under seal, and that where a notarial seal is by any rule of Court required, and there is not proof that no public seal is used by the notaries of the place where the certificate is dated, it will not be received.-Cruttenden v. Bourbell. testation must be direct, and not to be gathered "That the facts certified by a notarial atfrom inference.-Laidlaw v. Cox. evidence contained therein, supply an imporThat a notarial certificate will, by direct tant defect in a document to which it refers.Hinde v. Hinde. "That a notarial certificate is proof of the law of nations has credit everywhere, and the truth of copies, because ‘a notary public by the Court of Chancery will therefore give credit to him.'-Hutcheon v. Mannington. "That a notarial certificate is proof of the execution of a power of attorney.-Kinnaird v. Saltoun; Garvey v. Hibbert. "That an instrument granted by a notary at Paris will be received in Chancery, on the sig nature of the notary being proved by affidavit. -Kinnaird v. Sultoun. "That a notarial signature has been required to be verified by affidavit when such affidavit was known to be easily obtainable.—Kinnaird v. Saltoun. That a notarial certificate is admissible in Chancery when the signature of the notary is verified by the certificate of the clerk of a the American Secretary of State.-Garvey v. United States Circuit Court, countersigned by Hibbert. "That a notarial instrument is admissible in Chancery when the signature of the notary is countersigned by the chief magistrate of the district.-Kinnaird v. Saltoun. "That a certificate granted by the mayor of an American town is not sufficient evidence without something further.'—Garvey v. Hibbert. "That a certificate by a governor of a British possession abroad does not prove itself.-Hutcheon v. Mannington. "That a notarial certificate does not (in Sir Richard Kindersley's Court) prove the signa that an affidavit was sworn before a J. P. in ture of a J. P. in Van Diemen's land, nor Guernsey. |
