13

A.—2

When, therefore, the War Office supplies goods out of store, or makes arms in the Government factories, or orders them to be made by contract, for the purposes of the Indian or colonial Governments, in our opinion section 27 (2) applies. The invention is being used for the service of Her Majesty. The fact that the terms are to be settled with the approval of the Treasury supports the view that the departments referred to in the subsection are departments of the Home Government. But, so long as the use of the invention in the United Kingdom is for the service of Her Majesty, it is immaterial whether such service is to be at Home or abroad. 2. Terms settled under section 27 (2) by the Secretary of State for War for the use of patents in the United Kingdom are applicable to the use of the invention in the United Kingdom for the supply of stores through the agency of the War Office to the Governments above mentioned. 3. The Patents, &c, Act has no application to the colonies, and, so far as the invention is used in the United Kingdom for the purposes of supply to the Indian or colonial Governments otherwise than through a Home Government department, terms for user must be made by these Governments. 4. If articles the subject of a patent are made in this country for Indian or colonial Governments, the patentees would be entitled to sue the person so using the invention in this country for infringement; but if the articles are being made to the order of a department of the Home Government, although for supply to the Indian or colonial Governments, patentees must seek their remedy under section 27, although no specific terms applicable to the supply of these Governments had been made. The adjustment of terms with a department of the Home Government for the use of the invention for the service of Her Majesty would cover manufacture or supply to the order of the War Office for the use of these Governments, unless this had been specially excluded by the terms. 5. The contractor could plead that he was acting as an agent for the Secretary of State for War if the goods were ordered by him, though intended for the service of Her Majesty in India or the colonies by being supplied to the Government there. 6. No. 7. Does not arise. 8. We have nothing to add. RICHAKD B. WbBSTBB. Law Officers' Department, Bth August, 1896. Eobbbt B. Finlay.

No. 24. (No. 55.) My Loed, — Downing Street, sth November, 1896. I have had under my consideration your despatch, No. 23, of the 7th July, respecting the granting of decorative distinctions for the saving of life in the Colony of New Zealand. 2. I shall be glad if you will inform your Ministers that, if New Zealand should be prepared to establish a Humane Society of its own, similar to the Humane Society of Victoria, which has been permitted by Her Majesty the Queen to assume the title of " Eoyal Humane Society of Australasia," I should be prepared to consider the propriety of advising Her Majesty to confer the same distinction, as regards the title of " Eoyal," upon the New Zealand society, if, after a certain mmiber of years' experience of its working, its success should appear, as in the case of the Victoria society, to justify such a step. It appears from your despatch under acknowledgment that this course will meet the difficulty which at present is experienced by your Ministers. I have, &c, J. CHAMBEELAIN. Governor the Eight Hon. the Earl of Glasgow, G.C.M.G., &c.

A.-l, 1897, No. 3.

No. 25. (Circular.) Sic, — Downing Street, 14th November, 1896. I have the honour to inform you that the Queen has been graciously pleased, on my recommendation, to approve a proposal which I have received from the Governor of the Cape of Good Hope, that members of the Legislative Council in that colony should, on retirement or resignation after a continuous service in such Council of not less than ten years, be eligible to be recommended by the Governor for Her Majesty's permission to retain the title of " Honourable."