(except gunpowder and other combustible matters, which the 2nd. By passenger ships. 33 & 34 Authority by Any one of Her Majesty's Principal Secretaries of State c. 95, sec Secretary of State to carry may, by order under his hand, authorise the carriage as cargo naval and in any passenger ship (subject to such conditions and directions military stores as may be specified in the order) of naval and military stores in passenger for the public service, and such stores may, notwithstanding anything contained in the Passengers Act, 1855 (18 & 19 Vict., c. 119), be carried accordingly in such passenger ship. ships. vessels in Her Such order shall be addressed to the emigration officer or person performing the duties of emigration officer at the port of clearance, and shall be by him countersigned, and delivered to the master of the passenger ship to which it refers, and shall be delivered up by the master to the chief officer of customs at the port where the stores are discharged. The master shall comply with all the conditions and directions specified in the order, and non-compliance therewith shall be deemed non-compliance with the requirements of the said section 29 of the principal Act (1855). 10 & 11 T Exemption of Exemption from Pier and Harbour Dues. Majesty's ser- Nothing in the Harbours, Docks, and Piers Clauses Act, cap. 27, sť vice, &c., from 1847, or the special Act contained shall extend to charge rates. with rates or duties, or to regulate or subject to any control, any As to Patent Rights. By the 22 Vict., c. 13 (Patents for Inventions, munitions of war), these provisions are enacted :- 1 As to the construction of this section, Attorney-General v. Great Southern and Western Railway, Irish C. & Rep., p. 447; Robertson v. ib., Nov. 1878. 28. Vict., c. 13, E. 1. Ed, see. 3. d, sec. 4. ments in in inventors to Any inventor of any improvement in instruments or Improvemunitions of war, or the executors, administrators, or assigns struments or of such inventor, may, for valuable consideration or without, munitions of assign to Her Majesty's Principal Secretary of State for the War war may be Department, on behalf of Her Majesty, all the benefit of the assigned by invention, and of all letters patent obtained or to be obtained Secretary of for the same, and such Secretary of State may be a party to the State for War. assignment, and such assignment shall be effectual to vest the benefit of such invention and of such letters patent in the said Secretary of State for the time being, on behalf of Her Majesty, at law and in equity; and the benefit of such invention and of such letters patent shall be deemed property acquired by the said Secretary of State on behalf of Her Majesty; and all covenants and agreements contained in such assignment for giving full effect thereto, and for keeping the invention secret, and otherwise in relation thereto, shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced and proceeded upon by the said Secretary of State for the time being accordingly, and all actions, suits, and proceedings in relation thereto may be instituted and conducted by such Secretary of State for the time being, who shall have all such rights, privileges, and prerogatives in relation thereto as by law provided in the case of actions, suits, and proceedings concerning property under his care, control, and disposition. State for War Where any such assignment as aforesaid has been made to Secretary of the said Secretary of State, he may, at any time before the may certify to filing of the petition for the grant of letters patent for the inven- Commissiontion, or after the filing of such petition and before publication ers of Patents of the provisional specification (if any), if he think it for the that the inbenefit of the public service that the particulars of the invention, be kept secret. and of the manner in which the same is performed, should be kept secret, certify the fact of such assignment having been so made, and his opinion to the effect aforesaid, in writing under his hand to the Commissioners of Patents for Inventions. vention should Where the said Secretary of State certifies as aforesaid the Where the petition for letters patent for the invention, the declaration ac- State for War Secretary of companying such petition, and the provisional specification or has so certicomplete specification (as the case may be) filed or left there- fied, petition with, and any specification to be filed in pursuance of the con- for letters patent, &c., to dition of any letters patent for such invention, and all disclaimers be left with and memoranda of alterations to be filed in relation to such the Clerk of letters patent, and any drawings accompanying any of the the Patents in Such packet to be kept so under the seal sealed, or of the commissioners. Such sealed packet to be delivered, on demand, to Secretary of State, or by order of Lord Chancellor. At the expira tion of letters sec. 5. Such packet shall at all times after the delivery thereof to 22 Vict., c. 13. the Clerk of the Patents, until the expiration of the term or any extended term for which letters patent for the invention may be granted, be kept by him sealed up as aforesaid, or under the seal of the Commissioners, save when it may be necessary to have access to the documents therein contained, or any of them, for the purpose of recording and endorsing the day of the filing thereof, or for the purpose of any reference to one of the law officers, either in relation to the same or any other invention; but in any such case as aforesaid the Clerk of the Patents shall not part with the care or custody of the said packet, or any of the said documents, save as may be required by one of the law officers for the purposes of any such reference, and shall use such precautions as may be necessary to prevent the contents or particulars of any such documents being improperly disclosed. Such sealed packet shall be delivered at any time during Ibid, sec. 6. the continuance of any such letters patent to the said Secretary of State, or to any person having authority to receive the same on his behalf, on demand in writing under the hand of the said Secretary of State, or to such person as the Lord Chancellor may order, and shall, if and when the same is returned to the Commissioners, be again sealed up and kept under seal as aforesaid. Such sealed packet as aforesaid shall, at the end of the term Ibid, sec. 7. patent sealed or extended term for which any letters patent for the invention to which the documents in such packet relate, be delivered up to the said Secretary of State or to any person having authority to receive the same on his behalf. packet to be delivered to Secretary of State. Where Secre certifies after tion, docu Where the said Secretary of State certifies as aforesaid after Ibid, sec. 3. tary of State the filing of the petition, and before the publication of the profiling of peti- visional specification (if any), such petition, and the declaration accompanying such petition, and the provisional specification ments already and drawings relating to the invention which may have been into a sealed filed or left in any such office as aforesaid, and all copies thereof packet. in any such office, shall be forthwith placed in a packet sealed with the seal of the Commissioners; and every such packet shall be subject to all the provisions of this Act concerning any sealed packet delivered to the Clerk of the Patents. filed to be put otherwise pro Copy of speci- No copy of any specification, or other document or drawing Ibid, sec. ?. fication, &c., not to be sent by this Act required to be kept under seal, shall be transmitted to Scotland or to Scotland or Ireland, or be printed published, or sold, or be Ireland, or open to the inspection of the public; but, save as in this Act published, but otherwise directed, the provisions of the Patent Law Amendment Act, 1852, and any Act amending the same, shall extend and be applicable to and in respect of every such specification and other document and drawing as aforesaid, and the letters patent and invention to which the same relates, and this Act and the Patent Law Amendment Act, 1852, shall be construed together as one Act. visions of Patent Acts to apply. 22 Vict., c. 13. Sec. 10. bid, sec. 11. bid, sec. 12. It shall not be lawful for any person to take proceedings by No scire facias scire facias or otherwise to repeal any letters patent for any to be brought, invention in relation to which the said Secretary of State has certified as aforesaid. State may The Secretary of State may, at any time by writing under Secretary of his hand, waive the benefit of this Act with respect to any waive the particular invention, and the documents and matters relating benefit of this thereto shall be thenceforth kept and dealt with in the ordinary Act as respects way. any invention. The communication of any invention for any improvement Communicain instruments or munitions of war to the said Secretary of tion of invention to SecreState, or to any person or persons authorized by him to investary of State, tigate the same or the merits thereof, shall not, nor shall any- &c., not to thing done for the purposes of the investigation, be deemed use prejudice or publication of such invention so as to prejudice the grant or letters patent. validity of any letters patent for the same.1 IX. AS TO THE PROTECTION OF STORES. & 28 Vict. 3. & 15 Vict. 3. Under the Criminal Law. The Public Stores Act, 1875.2 Enacts that Short title. (2.) The term "Secretary of State" means one of Her Interpretation The term "summary jurisdiction " means as follows: As to Scotland, the Summary Procedure Act, 1864; and This provision is consistent with the law as laid down in Re Newall and 238 & 39 Vict., c. 25., passed 29th June 1875. "Summary Jurisdiction "Court of summary jurisdiction." Stores to other magistrate, or officer, by whatever name called, to whom jurisdiction is given by Summary Jurisdiction Acts or any Acts therein referred to; and In Scotland, the sheriff or sheriff substitute. 3. This Act shall apply to all stores under the care, superwhich the Act intendence, or control of the Secretary of State or the applies. Admiralty, or any public department or office, or of any person in the service of Her Majesty, and such stores are in this Act referred to as Her Majesty's stores. The Secretary of State, Admiralty, public department, office, or person having the care, superintendence, or control of such stores are hereinafter in this Act included in the expression public department. Marks in schedule appropriated for public stores. Obliteration concealment. 4. The marks' described in the first schedule to this Act may be applied in or on stores therein described in order to denote Her Majesty's property in stores so marked; and it shall be lawful for any public department, and the contractors, officers, and workmen of such department, to apply those marks, or any of them, in or on any such stores; and if any person without lawful authority (proof of which authority shall lie on the party accused) applies any of those marks in or on any such stores he shall be guilty of a misdemeanor, and shall on conviction thereof be liable to be imprisoned for any term not exceeding two years, with or without hard labour. 5. If any person with intent to conceal Her Majesty's with intent to property in any stores takes out, destroys, or obliterates, wholly or in part, any such mark as aforesaid, or any mark whatsoever denoting the property of Her Majesty in any stores, he shall be guilty of felony, and shall on conviction thereof be liable, in the discretion of the court before which he is convicted, to be kept in penal servitude for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Power to stop suspected &c. 6. A constable of the metropolitan police force may, within the limits for which he is constable, and any constable, boats, persons, if deputed by a public department, may, within the limits for which he is constable, stop, search, and detain any vessel, boat, or vehicle in or on which there is reason to suspect that any of Her Majesty's stores stolen or unlawfully obtained may be found, or any person reasonably suspected of having or conveying in any manner any of Her Majesty's stores stolen or unlawfully obtained. Unlawful pos A constable shall be deemed to be deputed by a public department within the meaning of this section if he is deputed by any writing signed by the person who is the head of such department, or who is authorised to sign documents on behalf of such department. 7. If any person is brought before a court of summary session of Her jurisdiction charged with conveying, or with having in his Majesty's stores. possession or keeping any of Her Majesty's stores reasonably 1 See Chas. I., order establishing a Crown Mark, Vol. 2, p. 678. |