Page images



shall have undergone the said punishment, or shall be otherwise lawfully discharged or removed therefrom.




Given under my hand at...


[merged small][merged small][ocr errors][ocr errors]


[ocr errors]
[ocr errors]

Of what offence




[ocr errors]

day of

Resident Magistrate.

Clerk of the Court.

Service of summons

83. The service of all summonses in criminal cases in the said Court shall be made by the Messenger of the Court or his lawful as in civil cases. deputy in the same manner as is provided to be done in civil cases before the said Court.

84. An accused person wishing to appeal to the High Court of the Transvaal against any sentence in a criminal case pronounced against him by the Court of any Resident Magistrate, shall proceed with his appeal within fourteen days after conviction by filing a written statement, setting out the grounds on which the appeal is based with the Clerk of the Court which has passed the sentence.

Proc. No. 21 of 1902.

Appeal against conviction to Supreme Court.

Notice to appeal


85. The Clerk of the Court, with whom such statement as and transmission of aforesaid, is filed, shall within three days after the receipt thereof transmit the same together with the records of the case to the Registrar of the High Court of the Transvaal. The appeal shall thereafter be heard on a day to be fixed by the said High Court of which due notice shall be given by the Registrar of the said High Court to the Legal Adviser, to the Transvaal Administration, and to the appellant or his attorney.

duly authorised.

and the same need not be signed by either the Resident Magistrate or the Clerk of the Court.


of any such Court for summoning any person,

86. The process Form of process of whether as a party or as a witness, to appear before that Court when Court, when held at holden at any place other than the ordinary, and stated place for other than ordinary holding of the same, may be issued by any person who shall be place. thereto appointed by the Governor by notice in the Gazette; and such process shall in substance correspond with the forms prescribed for process issued by the Clerk of the Court, and shall state the place where the said Court is intended to be holden, and shall be directed to, and be executed by such person as the issuer of the process shall nominate and appoint, and such person so nominated and appointed, shall have and possess in regard to the execution and return of such process the like powers and authorities, and be entitled to the like fees as the Messenger of the said Court would have possessed or been entitled to, had the same been directed to, and executed by, and returned by him, and such process shall at the foot be signed thus

Proc. No. 21 of 1902.

Valuation of proceedings in such


invalid, unless parties

reside nearer that place than to ordinary place.

Resident Magistrate may do what Clerk of Court may


Such proceedings 88. No person shall be summoned to appear as a party before any such Court as aforesaid, at any place other than the ordinary and stated place for the holding of the said Court to answer any plaint or charge unless such person shall reside nearer to such place than to the ordinary and stated place aforesaid; and any summons issued in contravention of the provisions of this rule shall be null and void.

87. All such process as in the last preceding section mentioned shall have the like force and effect in all respects as if the same had been directed to the officer appointed to execute ordinarily the process of the said Court and had been issued by the Clerk of the said Court: Provided always that nothing in this rule contained shall be construed so as to prevent the issue in common form by such Clerk of any process for requiring the appearance of any person before the said Court at any place where such Court shall be appointed to be held.

89. Any act, which by any law or these rules is required to be done by the Clerk of the Court of Resident Magistrate, may be done by such Resident Magistrate himself or by such Clerk.

[blocks in formation]


By His Excellency The Administrator,

(DATED 10TH APRIL, 1902.)

To Alter and Amend the Law relating to Letters
Patent for Inventions.

WHEREAS it is desirable to alter and amend the law

relating to Patent for Inventions:

Now, therefore, by virtue of the authority in me vested, I do hereby proclaim, declare and make known as follows:

2. Subject to the provisions of section sirty of this Proclamation Law No. 10 of 1898, and any other Law inconsistent with or repugnant to the provisions of this Proclamation shall be and are hereby repealed.

Commencement of

1. This proclamation shall come into operation on the 1st day of May, 1902, and such date is hereinafter referred to Proclamation. as the commencement of this Proclamation.

4. There shall be a seal for the Patent Office and impressions thereof shall be judicially noticed and admitted in evidence.

Proc. No. 22 of 1902.

5. Every person who is the true and first inventor or the legal representative of a true and first inventor of an invention, as hereinafter defined, may obtain, either alone or jointly with one or more person or persons, the exclusive right and privilege to make, use, exercise and sell the same within this Colony for his own benefit in such manner and for such period, and under such conditions as are hereinafter prescribed.


3. It shall be lawful for the Governor to appoint a Commissioner of Patents (hereinafter called the "Commissioner") Patents. whose office shall be called the "Patent Office," and shall be established at Pretoria.


The words "save as provided..... .Proclamation" in this section are inserted by virtue of the Patents (Amendment) Proclamation-Transvaal No. 29 of 1902, Sec. 1-instead of after the word Colony when it first appears.

Commissioner of

Office at Pretoria.

Seal office.

This right and privilege (hereinafter referred to as a patent) shall be granted by Letters Patent, to be issued by the Com- be issued. misssoner in manner hereinafter prescribed.

Inventor to have

exclusive right to his invention.

for Patent

*Save as provided by sects. 23 and 53 respectively of this Proclamation the expression "invention " means any new and vention. useful art process machine manufacture or composition of matter or any new and useful improvement thereof capable of being used or applied in trade or industry and not known or used by

Letters Patent to

Definition of in

[blocks in formation]

others in this Colony and not patented or described in any printed publication in this Colony or any foreign country before the application for a patent in respect of the same and not in public use or on sale in this Colony or any foreign country for more than two years prior to such application unless the same is proved to have been abandoned.

6. An application for a patent shall be as nearly as possible in the form given in Schedule "A" or in such other form as may from time to time be prescribed and addressed to the Commissioner.

An application for a patent must be signed by the applicant but all other communications between the applicant and the Commissioner and all attendances by the applicant before the Commissioner may be made by or through an attorney of the Court or patent agent duly authorised to the satisfaction of the Commissioner.

7. (1) An application for a patent must contain a declaration to the effect that the applicant is in possession of an invention whereof he or in the case of a joint application one or more of the applicants claims or claim to be or to be the legal representative of the true and first inventor or inventors and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or complete specification.

(2) Every application must contain an address in this Colony to which all notices requisitions and communications of every kind may be made.

(3) A provisional specification must describe the nature of the invention and be accompanied by drawings if required.

(4) A complete specification whether left on application or subsequently must particularly describe and ascertain the nature of the invention and in what manner it is to be performed and must be accompanied by drawings if required.

(5) If a provisional specification is accompanied by drawings to the satisfaction of the Commissioner the complete specification need not be accompanied by drawings but may refer to the drawings accompanying such provisional specification.

(6) A specification whether provisional or complete must commence with the title and in the case of complete specification must end with a distinct statement of the invention claimed.

(7) As far as possible the provisional and complete specifications shall be in the form given in Schedules "B” and “C” and shall be in the English language.

Commissioner to

8. The Commissioner shall examine every application to examine application. ascertain whether the nature of the invention has been fairly

described and the application specification and drawings if any have been prepared in the prescribed manner and the title sufficiently indicates the subject matter of the invention.

Proc. No. 22 of 1902. Commissioner may

9. (1) If the Commissioner on such examination finds that the nature of the invention is not fairly described or that the refuse to accept or application or drawings has not or have not been prepared in require amendment of the prescribed manner or that the title does not sufficiently application. indicate the subject matter of the invention he may refuse to accept the application or require that the application specification or drawings be amended before he proceeds with the application; and in the latter case the application shall if the Commissioner so directs bear date as from the time the requirement is complied with.

(2) Where the Commissioner refuses to accept an applica- Appeal to Attortion or requires an amendment the applicant may appeal from ney-General. his decision to the Attorney-General.

*(3) The Attorney-General shall if required hear the applicant and the Commissioner and may make an order parties. determining whether and subject to what conditions (if any) the application shall be accepted.

(4) The Commissioner shall when an application has been accepted give notice thereof to the applicant.

10. (1) The Commissioner shall keep at his office proper books and registers in which shall be entered the names of all patents which have been applied for together with the dates on which the applications and the provisional and complete specifications have been lodged with him.

Who shall hear

Second application

(5) If after an application for a patent has been made but before the patent thereon has been sealed another application for same invention. for a patent is made accompanied by a specification bearing the same or a similar title the Commissioner may determine subject. to an appeal to the Attorney-General whether the invention comprised in both applications is the same and if so he may refuse to seal a patent on the application of the second applicant.

Notice of acceptance of application.

Commissioner to keep books and registers,

(2) On payment of the amount mentioned in Schedule and give receipts for "H" the Commissioner shall give a receipt to the applicant or payments. his attorney proving that such entries have been made.

*See Patents (Amendment) Proclamation-Tr. 29 of 1905, Sec. 5-as to power of Attorney-General on such appeals to examine witnesses upon oath and to administer oaths for that purpose; and Sec. 6 as to his power to make, alter and rescind rules regulating such appeals and the practice and procedure before him; and to making orders as to costs.

(3) Where an application for a patent in respect of an invention has been accepted the invention may during the tion. period between the date of the application and the date of sealing such patent be used and published without prejudice to the patent to be granted for the same and such protection from the consequences of use and publication is in this Proclamation referred to as provisional protection.

Provisional protec


(4) No one but the Commissioner or someone acting on his No inspection of behalf shall be allowed to inspect any specification until the specifications advertisement mentioned in Section thirteen has been published. advertisement.

« PreviousContinue »