APPENDIX. STATUTES RESPECTING LETTERS-PATENT RULES AND REGULATIONS WITH REFERENCE TO PRO CEEDINGS IN THE CASE OF LETTERS-PATENT TABLE OF COSTS AND FEES ALLOWED IN PROCEEDINGS BEFORE THE PRIVY COUNCIL FORMS AND PRECEDENTS PAGE 405 474 APPENDIX. Statutes, Kules, Tables of Fees and Forms. STATUTES RELATING TO LETTERS-PATENT. 18 HEN. VI. c. 1 [A.D. 1439], An Act that Letters-patent shall bear the Date of the King's Warrant delivered into the Chancery. 27 HEN. VIII. c. 11 [A.D. 1535], An Act concerning Clerks of the Signet and Privy Seal. 3 & 4 EDW. VI. c. 4 [A.D. 1549], An Act concerning Grants and Gifts made by Patentees out of Letterspatent. 13 ELIZ. c. 6 [A.D. 1570], An Act that the Exemplification or Constat of the Letters-patent shall be as good and available as the Letters-patent themselves. 31 ELIZ. c. 5, s. 5 [A.D. 1589, limiting the time within which penal actions may be commenced]. 21 JAC. I. c. 3 [A.D. 1623]. An Act concerning Monopolies and Dispensations of claration against Grants of Penalsations; Monopolies and ties and Dispen FORASMUCH as your most excellent Majestie, in your The King's DeRoyall Judgment and of your blessed Disposicon to the Weale and Quiet of your Subjects, did, in the yeare of our Lord God One thousand six hundred and ten, publish in Print to the whole Realme and to all Posteritie, that all Graunts of Monapolyes and of the benefitt of any penall Lawes, or of Power to dispence with the Lawe or to compound for the Forfeyture, are contrary 2 Hawk. P. C. 8th ed. c. 26, § 26. EE All Monopolies and Grants, &c. thereof, or of Dispensations and Penalties declared void. to your Majesties Lawes, wch your Majesties declaracon is truly consonant and agreable to the auncient and fundamentall Lawes of this your Realme: And whereas your Majestie was further graciously pleased expressely to comaund that noe Suter should psume to move your Majestie for Matters of that Nature; yet nevertheles, uppon Misinformacons and untrue ptences of publique good, many such Graunts have been undulie obteyned and unlawfullie putt in execuĉon, to the greate Greevance and Inconvenience of your Majesties Subjects, contrary to the Laws of this your Realme, and contrary to your Majestys royall and blessed Intencon, soe published as aforesaid: FOR avoyding whereof and pventinge of the like in tyme to come May it please your excellent Majestie, at the humble Suite of the Lords Spirituall and Temporall, and the Cōmons in this pesent Parliament assembled, That it may be declared and enacted, and be it declared and enacted, by the authoritie of this psent Parliament, That all Monapolies, and all Cōmissions, Graunts, Licences, Charters and tres patents heretofore made or graunted, or hereafter to be made or graunted, to any pson or psons, Bodies Politique or Corporate whatsoever, of or for the sole buyinge, sellinge, makinge, workinge or using of any thinge within this Realme or the Dominion of Wales, or of any other Monopolies, or of Power, Libtie or Facultie to dispence with any others, or to give Licence or Toleracón to doe, use or excise any thinge against the tenor or purport of any Lawe or Statute, or to give or make any Warrant for any such Dispensacon, Licence or Toleracon to be had or made; or to agree or compound with any others for any Penaltie or Forfeitures lymitted by any Statute, or of any Graunt or Pmise of the Benefitt, Pfitt or Cōmoditie of any Forfeiture, Penalty or some of Money that is or shalbe due by any Statute before Judgement thereuppon had, and all Proclamacóns, Inhibicons, Restraints, Warrants of Assistance, and all other Matters and Things whatsoever any way tendinge to the institutinge, erecting, strengtheninge, furtheringe or countenancing of the same, or any of them, are altogether contrary to the Lawes of this Realme, and so are and shalbe utterlie void and of none effecte, and in noe wise to be put in ure or execucĉón. II. Monopolies and &c., shall be tried III. AND be it further declared and enacted by the au- Validity of all thoritie aforesaid, That all Monopolies and all such of all such Grants Comissions, Graunts, Licences, Charters, tres patents, by the Common Proclamacons, Inhibicóns, Restraints, Warrants of As- Laws. sistance and all other Matters and Things tendinge as aforesaid, and the force and validity of them and every of them, ought to be and shalbe for ever hereafter examyned, heard, tryed and de?mined by and accordinge to the Cōmon Lawes of this Realme, and not otherwise. AND be it further enacted by the authoritie afore- All persons dissaid, That all pson and psons, Bodies Politique and Grants, MonopoCorporate whatsoever, which now are or hereafter shalbe, lies, &c. shall stand and be disabled and uncapable to have, use, excise or putt in ure any Monopolie or any such Comission, Graunt, Licence, Charters, tres Patents, Proclamacón, Inhibicón, Restraint, Warrant of Assistance or other Matter or Thinge tendinge as aforesaid, or any Libtie, Power or Facultie grounded or ptended to be grounded upon them or any of them. AND be it further enacted by the authoritie aforesaid, that if any pson or psons, at any tyme after the end of fortie dayes next after the end of this psent Session of Parliament, shalbe hindred greeved disturbed or disquieted, or his or their Goods or Chattells any way seised, attached, distreyned, taken, carried away or deteyned by occasion or ptext of any Monopolie, or of any such Comission, Graunt, Licence, Power, Libtie, Facultie, tres Patents, Proclamacón, Inhibicón, Restraint, Warrant of Assistance or other Matter or Thinge tendinge as aforesaid, and will sue to be releeved in or for any of the Pmisses; that then and in every such case the same pson and psons shall and may have his and their Remedie for the same at the Cōmon Lawe by any Accón or Accons to be grounded upon this Statute, the same Accón and Accons to be heard and determyned in the Courts of Kings Bench, Cōmon Pleas and Exchequer, or in any of them, against him or them by whome he or they shalbe soe hindred greeved disturbed or disquieted, or against him or them by whome his or their Goods or Chattells shalbe so hindred, greeved, disturbed or disquieted, or against him or them by whome his or their Goods or Chattells shalbe soe seized, attached distrayned taken carried away or deteyned, wherein all and every such pson and psons which shalbe abled to use IV. Party aggrieved by any Monopoly shall recover by action in the with double or grant, &c., treble damages Superior Courts, costs. |