Judicial Committee Act 1844

JurisdictionUK Non-devolved
Citation1844 c. 69
Anno Regni VICTORI, Britanniarum Regin,Septimo & Octavo. An Act for amending an Act passed in the Fourth Year of the Reign of His late Majesty, intituledAn Act for the better Administration of Justice in His Majesty's Privy Council ; and to extend its Jurisdiction and Powers.

(7 & 8 Vict.) C A P. LXIX.

[6th August 1844]

'WHEREAS the Actpassed in the Fourth Year of the Reign of His late Majesty, intituledAn 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, intituledAn 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 Despatch 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 authorized to provide for the Admission of Appealsfrom other Courts of Justice within such Colonies or Possessions:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be competent to Her Majesty, by any Order or Orders to be from Time to Time for that Purpose made with the Advice of Her Privy Council, to provide for the Admission of any Appeal or Appeals to Her Majesty in Council from any Judgments, Sentences, Decrees, or Orders of any Court of Justice within anyBritish Colony or Possession abroad, although such Court shall not be a Court of Errors or a Court of Appeal within such Colony or Possession; and it shall also be competent to Her Majesty, by any such Order or Orders as aforesaid, to make all such Provisions as to Her Majesty in Council shall seem meet for the instituting and prosecuting any such Appeals, and for carrying into effect any such Decisions or Sentences as Her Majesty in Council shall pronounce thereon: Provided always, that it shall be competent to Her Majesty in Council to revoke, alter, and amend any such Orderor Orders as aforesaid, as to Her Majesty in Council shall seem meet: Provided also, that any such Order as aforesaid may be either general and extending to all Appeals to be brought from any such Court of Justice as aforesaid, or special and extending only to any Appeal to be brought in any particular Case: Provided also, that every such general Order in Council as aforesaid shall be published in theLondon Gazette within One Calendar Month next after the making thereof: Providedalso, that nothing herein contained shall be construed to extend to take away or diminish any Power now by Law vested in Her Majesty for regulating Appeals to Her Majesty in Council from the Judgments, Sentences, Decrees, or Orders of any Courts of Justice within any of Her Majesty's Colonies or Possessions abroad.

S-II On Petition, Her Majesty may grant an Extension of Patent Term in certain Cases.

II On Petition, Her Majesty may grant an Extension of Patent Term in certain Cases.

II. 'And whereas it is expedient, for the further Encouragement of Inventions in the useful Arts, to enable the Time of Monopoly in Patents to be extended in Cases in which it can be satisfactorily shown that the Expence 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 Expence and Labour 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...

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