HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0299 and id is 1 raw text is: FRASER V. BURGESS [1860]
The Right Hon. Lord Kingsdown.-In applications of this nature, the principal
facts which their Lordships require to be established are, that the Petitioner is
bound to prove three points : first, the rherits of the invention; secondly, that the
party interested has done all in his power to bring out the invention, and to turn
it to advantage; and thirdly, that owing to circumstances beyond his control, he has
been unable to obtain an adequate remuneration. These points have been satis-
factorily made out by the Petitioners in this application, except as to the non-
production of the books of account, of which some better explanation must be given.
The Statutes, 5th and 6th Will. IV., c. 83, and 7th and 8th Viet., c. 69, allow an
extension to be granted to an assignee, as well as to the Patentee; but as the object
in granting the patent was to reward the inventor for the benefit conferred on the
public by his discovery, their Lordships generally require some advantage to be
secured to the inventor in the event of an extension being. granted to tl, assign e.
Iv re R,ssell's Patent (2 Moore's P.C. Cases, 496) (see Ledshtam v. Russell, 1 H. L.
Cases, 687), as has been arranged in this instance.
[314] A proper account of the profits and losses of the Patent, verified by
affidavit, must be made out and sent to the Attorney-General, with a satisfactoy
explanation accounting for the non-production of the books, subject to whizh their
Lordships will recommend an extension of the Patent for five years.
The accounts were afterwards furnished to the Attorney-General, and approved
of by hint.
[Mcws' Dig. tit. PATENT, F. CONFIRMATION, etc., 2. Renewal and Extensioa, a. b. d.
S.C. 8 W.R. 333. As to loss of books cf. ffuitchinsov's Patent, 1861, 14 Moo.
P.C. 364; Adaiir's Patent, 1881, 6 A.C. 176; Yates and Kellett's Pate.t, 1887,
12 A.C. 147. As to extension generally see now s. 25 of the Patents Act 1883
(46 and 47 Vict., c. 57) and Privy Council Rules 1897 (Stat. R. and 0. 1899, p.
1837).]
ON APPEAL FROM THE COURT OF THE COMMISSIONERS FOR SALE OF
INCUMBERED ESTATES IN THE WEST INDIES (appointed by Statute,
17th and 18th Viet., c. 117).
JOIN FRlASER,-Appellant; SOPHIA BURGESS,-Respondent * [Feb. 7, 1, 60].
Examination of the authorities relating to the doctrine of lien of a consignee of
a West Indian estate on the corpus of the estate [13 Moo. P.C. 344].
The difference between the case of a consignee and the manager of a West, Indian
estate with respect to such lien considered [13 Moo. P.C. 348].
A manager of a West Indian estate appointed by the owner of the estate, has no
lien upon the estate for advances made by him for the cultivation of the
estate [13 Moo. P.C. 343].
When a trustee is in possession and management of a West Indian estate, on
behalf of all parties interested therein, and employs a manager, such manager
stands in the same position as the trustee, and is entitled to be reimbursed
his expenses and advances from the trust estate [13 Moo. P.C. 344].
So, if the Court of Chancery takes possession of the estate and appoints a
manager and receiver, who is presumed to act for the benefit of all parties,
such manager is entitled to the same remedy against the estate as a trustee
would have [13 Moo. P.C. 344].
When the possession has been held by the attorney and manager of the mortgagor,
if the mortgagees have so recognized the possession of the manager that he
can be considered as acting on their behalf and for their benefit, the same
Present: The Right Hon. Lord Kingsdown, the Right Hon. the Lord Justice
Knight Bruce, the Right Hon. the Lord Justice Turner, and the Right Hon. Sir John
Taylor Coleridge:
XIII MOORE, 314](ViewImageLocal?handle=hein.slavery/ssactsengr0299&div=1&collection=&method=preview&ext=.png&size=3)