Acts giving double or treble costs repealed. Parties to recover full in all costs. STATUTE 5 & 6 VICT. c. 97, ss. 2 & 6. An Act to amend the Law relating to Double Costs, Notices of Action, "Whereas divers Acts of Parliament, public, local, and personal, [This section repeals the provisions in local and personal Acts giving double and treble costs.] Sect. 2.-And be it enacted, That so much of any clause, enactment or provision in any public Act or Acts not local or personal, whereby it is enacted or provided that either double or treble costs, or any other than the usual costs between party and party, shall or may be recovered, shall be and the same are hereby repealed: demnity as to Provided always, that instead of such costs, the party or parties heretofore entitled under such last-mentioned Acts to such double, treble or other costs, shall receive such full and reasonable indemnity as to all costs, charges and expenses incurred in and about any action, suit or other legal proceeding, as shall be taxed by the proper officer in that behalf, subject to be reviewed in like manner and by the same authority as any other taxation of costs by such officer. Not to affect actions Sects. 3, 4 and 5.—[These sections do not relate to the subject of this work.] Sect. 6. Provided always and be it enacted, That nothing herein contained shall extend or be construed to extend to any action, bill, passing of Act. plaint or information, or any legal proceeding of any kind whatsoever commenced before the passing of this Act, but such proceedings may be thereupon had and taken in all respects as if this Act had not passed. STATUTE 6 & 7 VICT. c. 85. An Act for improving the Law of Evidence. [Royal Assent, 22 August, 1843.] "Whereas the enquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are interest. appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced, and on the truth of their testimony:" Now therefore be it enacted by the No witness to be excluded Queen's most excellent Majesty, by and with the advice and confrom giving sent of the Lords Spiritual and Temporal and Commons in this evidence by present Parliament assembled, and by the authority of the same, incapacity That no person offered as a witness shall hereafter be excluded by from crime or reason of incapacity from crime or interest from giving evidence either in person or by disposition, according to the practice of the Court on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any Court, or before any judge, jury, sheriff, coroner, magistrate, officer, or person having, by law or by consent of parties, authority to hear, receive and examine evidence; but that every person so offered, may and shall be admitted to give evidence on oath, or solemn affirmation, in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question or injury, or of the suit, action or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence: Provided that this Party to a sui Act shall not render competent any party to any suit, action or proceeding individually named in the record, or any lessor of the plaintiff or tenant of premises, sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part, or the husband or wife of such persons respectively: Provided also, that this Act shall not repeal any provision Not to repeal in a certain Act passed in the session of Parliament holden in the any provision seventh year of the reign of his late Majesty, and in the first year and 1 Vict. of the reign of her present Majesty, intituled "An Act for the c. 26. Amendment of the laws with respect to Wills:" Provided that in Courts of Equity, any defendant to any cause pending in any such In Court of Court, may be examined as a witness on the behalf of the plaintiff, Equity defend ant may be e or of any co-defendant in any such cause, saving just exceptions; amined on be and that any interest which such defendant so to be examined may half of the have in the matters, or any of the matters in question, in the cause, plaintiff or a shall not be deemed a just exception to the testimony of such co-defendant, defendant, but shall only be considered as affecting, or tending to affect, the credit of such defendant as a witness. &c. not to be competent. in 7 Will. IV. &c. Not necessary 2. And be it enacted, That wherever in any legal proceedings to state that whatever legal proceedings may be set out, it shall not be necesjurors had sary to specify that any particular persons who acted as jurors had made affirma made affirmation instead of oath, but it may be stated that they tion. served as jurymen in the same manner as if no Act had passed for enabling persons to serve as jurymen without oath. Not, to affect previous suits. Not to extend to Scotland. If extension of n certain cases 3. And be it enacted, That nothing in this Act shall apply to, or affect any suit, action, or proceeding brought or commenced before the passing of this Act. 4. And be it enacted, That nothing in this Act shall extend to Scotland. 7 & 8 VICT. c. 69, ss. 2, 3, 4, 5, 6, 7 and 8. An Act for amending an Act passed in the Fourth Year of the Reign of his late Majesty, intituled " An Act for the better Administration of Justice in his Majesty's Privy Council," and to extend its Jurisdiction and Powers. [Royal Assent, 6th August, 1844.] "Whereas the Act passed the fourth year of the reign of his late Majesty, intituled An Act for the better Administration of Justice in his Majesty's Privy Council,' hath been found beneficial to the due administration of justice: And whereas another Act passed in the sixth year of the said reign, intituled An Act to amend the Law touching Letters Patent for Inventions' hath been also found advantageous to inventors and to the public: And whereas the Judicial Committee, acting under the authority of the said Acts, hath been found to answer well the purposes for which it was so established by Parliament, but it is found necessary to improve its proceedings in some respects for the better dispatch of business, and expedient also to extend its jurisdiction and powers: And whereas by the laws now in force in certain of her Majesty's colonies and possessions abroad, no appeals can be brought to her Majesty in Council for the reversal of the judgments, sentences, decrees, and orders of any Courts of Justice within such colonies, save only of the courts of error or courts of appeal within the same, and it is expedient that her Majesty in Council should be authorised to provide for the admission of appeals from other courts of justice within such colonies or possessions:" Be it therefore enacted, &c. [The first section does not relate to the subject of this work.] 2." And whereas it is expedient for the further encouragement a patent term of inventions in the useful arts to enable the time of monopoly in may be granted for 14 years patents to be extended in cases in which it can be satisfactorily shown that the expense of the invention hath been greater than the time now limited by law will suffice to reimburse:" be it enacted, That if any person having obtained a patent for any invention, shall before the expiration thereof present a petition to her Majesty in Council, setting forth that he has been unable to obtain a due remuneration for his expense and labor in perfecting such invention, and that an exclusive right of using and vending the same for the further period of seven years in addition to the term in such patent mentioned will not suffice for his reimbursement and remuneration, then if the matter of such petition shall be bỷ her Majesty referred to the Judicial Committee of the Privy Council, the said Committee shall proceed to consider the same after the manner and in the usual course of its proceedings touching patents, and if the said committee shall be of opinion and shall so report to her Majesty that a further period greater than seven years' extension of the said patent term ought to be granted to the petitioner, it shall be lawful for her Majesty, if she shall so think fit, to grant an extension thereof for any time not exceeding fourteen years, in like manner, and subject to the same rules, as the extension for a term not exceeding seven years is now granted under the powers of the said Act of the sixth year of the reign of his late Majesty. 3. Provided always, and be it enacted, That nothing herein con- Less term than tained shall prevent the said Judicial Committee from reporting prayed may be that an extension for any period not exceeding seven years should granted. be granted or prevent her Majesty from granting an extension for such lesser term than the petition shall have prayed. 4. "And whereas doubts have arisen touching the power given Extensions of by the said recited Act of the sixth year of the reign of his late patent terms may be grant Majesty in cases where the patentees have wholly or in part ed to assignees. assigned their right;" be it enacted, That it shall be lawful for her Majesty, on the report of the Judicial Committee, to grant such extension as is authorised by the said Act and by this Act, either to an assignee or assignees, and original patentee or patentees conjointly. dums of altera 5. And be it enacted, That in case the original patentee or Disclaimers patentees hath or have departed with his or their whole, or any and memoranpart of his or their interest by assignment to any other person or tion under 5 persons, it shall be lawful for such patentee, together with such & 6 Will. IV. assignee or assignees, if part only hath been assigned, and for the c. 83, s. 1, may assignee or assignees, if the whole hath been assigned, to enter a be entered by disclaimer and memorandum of alteration, under the powers of assignees. the said recited Act, and such disclaimer and memorandum of such alteration having been so entered and filed as in the said recited Act mentioned, shall be valid and effectual in favor of any person or persons in whom the rights under the said letters patent may then be or thereafter become legally vested; and no objection shall be made in any proceeding whatsoever, on the ground that the party making such disclaimer or memorandum of such alteration had not sufficient authority in that behalf. 6. And be it enacted, That any disclaimer or memorandum of Disclaimers alteration before the passing of this Act, or by virtue of the said and memorandums of alterarecited Act by such patentee with such assignee, or by such tions by assignee as aforesaid, shall be valid and effectual to bind any per- assignees beson or persons in whom the said letters patent might then be or fore passing of have since become vested: and no objection shall be made in any proceeding whatsoever that the party making such disclaimer or memorandum of alteration had not authority in that behalf. Act as valid. 7. And be it enacted, That any new letters patent which before New patents the passing of this Act may have been granted, under the provi- granted under to be valid. Not to affect 5 & 6 Vict. c. sions of the above-recited Act of the sixth year of the reign of his 83, 8. 4, to as late Majesty to an assignee or assignees, shall be as valid and signees before passing of Act effectual as if the said letters patent had been made after the passing of this Act, and the title of any party to such new letters patent shall not be invalidated by reason of the same having been granted to an assignee or assignees: Provided always, that nothing herein contained shall give any validity or effect to any letters patent heretofore granted to any assignee or assignees where any action or proceeding in scire facias, or suit in equity, shall have been commenced at any time before the passing of this Act, wherein the validity of such letters patent shall have been or may be questioned. existing scire facias, or suit in equity. Judicial Com- 8. Provided always, and be it enacted, That in the case of any mittee may matter or thing being referred to the Judicial Committee, it shall appoint a clerk to take formal be lawful for the said Committee to appoint one or other of the proofs. Clerks of the Privy Council to take any formal proofs required to be taken in dealing with the matter or thing so referred, and shall, if they so think fit, proceed upon such Clerk's report to them as if such formal proofs had been taken by and before the said Judicial Committee.(a) STATUTES RELATING TO ORNAMENTAL DESIGNS. Act 5 & 6 Vict., c. 100. THE Act of 1842, for consolidating and amending the laws relating to the copyright of designs for ornamenting articles of manufacture, came into operation on the first of September, in the same year. The subjects protected by this Act, are divided into thirteen classes, and the duration of the copyright, and the fees for registration, are defined according to the classes to which the various subjects belong. The fees of registration vary from 1s. to £3, and the term of protection from nine months to three years. It should be borne in mind, that in no case will construction be secured under this Act, as it is merely intended for the protection of ornamental devices and patterns, such as calico-prints, gown-pieces, shawls, paper-hangings, floor-cloths, carpets, and other similar fabrics; together with articles made of metal, wood, glass, and earthenware, such as fenders, candlesticks, and plated articles; (a) The remainder of this statute is inapplicable to the subject of the present work. |