Murrays Windlass Act 1848 (SA)

; * m

No. 0

ORDIATANCB e m c t e d by tAe Gouertlo~ of South A u s t ~ a l i u, wirh the adt:ic~

and conserzt of the Legislative Cour~cil thewqfi

To secure t o Andrew John &furray, during the Term of Ten I'enrs,

within the Province of South Australia, the Bxclusive Xight t o

~lln?urfacture and Use h certain N e w and limproved Windlass.

[20tlr. Jwe, 1848.1

LL

WHEREAS ANDREW JOHN MURR AY, of the City of Adelaide,

Gentleman, has presented his Petition to the Governor of Soutll

Australia, stating that he is the Origind and True Inventor of 3. certain Windlass, for a more cheap, easy, and expeditious mode ok

'"sing Weights in all operations in which Windlasses or Winches

are at present usually used, and that he is willing to make such

his discovery public. upon having the Exclusive Right to M a m -

factwe and Use such Newly Constructed Windlass as aforesaid.

to him within the said Province, for the Term of Ten

years, subject to the Provisions hereinafter contained; and it

wuuld be highly advantageous to the said Province that such dis-

cQvery should be made public:

BE IT THEREFORE ENACTED, by THE GOVERKOR of South AUS-

tralia, with the advice and consent of TIIE LEGISLATIVE	COUYCIJ.
thereof-

Patentee to llavc thereof-T1ia.r from and after the commencement of this Ordiilancp

sole use of h ~ s

I nvenliou.

the Full Power, Exclusive Right, and Sole Privilege of using tllE

to be Made and Enrolled as hereinafter provided, shall belong to,

and be vested in, and enjoyed by the said Andrew John Mumay,

his Executors, Administrators, and Assigns, by himself, his De.

puty, or Deputies, Servants or Agents, or such others as the

said Andrew John Murray, his Executors, Administrators, and

said Invention, according to the Specification or Uescriptiun thereof7 purpose, and no others, from time to time, and at a11 times here: after, during the Term of Ten Years, from the commencement of this Ordinance, to be fully complete and ended; and he the said Andrew John Murray, his Executors, Administrators, and Assigns, and no others, except as aforesaid, shall and lawfully may make, use, exercise, and vend the said Invention within the said Province of South Australia; and for and during the said period of Ten Years, shall have and enjoy the Whole Profit and Advantage arising

by reason of the said Invention.

Person8 using or 11. AND BE 1~ ENACTED, that if anv Person or Persons, Bodies

counterfeiting same,

liable in dnmages. Politicor Corporate, shall at any time chini: the said period of Ten Years, either directly or indirectly do,mahe, use, or put in practice the said Invention, or any part i f the same, or shall in anywise counterfeit, imitate, or resemble the same, within the Province of South Australia, without the license, consent, or agreetnent of thesaid Audrew John Murray, his Executors, Administrators, and Assigns, in writing under their Hands and Seals first had and obtained, such Person or Persons, Bodies Politic or Corporate, so doing, making, using, counterfeiting, imitating, or resembling, without s11c11 L- cense as aforesaid, shall be liable in damages to the said Andrew John Murray, his Executors, Administrators, and Assigns, in the same

manner and no otherwise, as if the Rights, Powers, and Privileges

hereby granted to 'and conferred upon the said Andrew John Murray, his Executors, Administrators, and Assigns, had beell granted and conferred by Hen MAJESTY'S Letters Pdtent under the Great Seal.

Terms and Condi- 111. AND BE IT ENACTED, that if it shall appear to HER MA-

tions.	JESTY, Or to any person or persons duly actibg under the autho- rity or on behalf of HER MAJESTY, that the Rights, Powers, and Privileges hereby given to and conferred upon the said Andrew John Murray, his Executors, Administrators, and Assigns, are contrary to Law, or that the same are or may be hurtful, preju- dicial, or inconvenient to the Subjects of HER MAJEWY residing in
the Province of South Australia, or that the said Invention is not
a New Invention, or is not the Invention of the said AndretV,

Job

Jdm Murray; or if the said Andrew John Murray, his Executors, ddministrators, or Assigns, shall use or imitate any Invention or Work which hath been Invented by any of HER MAJESTY'S Sub- jects, and publicly used and practised within any part of HER .~IAJEs~~Y's Dominions; or if the said Andrew John Murray, his Executors, Administrators, or Assigns, shall not within Six Ylonths from the commencement of this Ordinance, fully and particularly describe and ascertain, and make a sufficient Specification of the nature of the said Invention, and in what manner the same is to be performed, by an Instrument in writing under his Hand and Seal, and cause the same to be Enrolled in the General Registry Office of the said Province of South Austrad lia, that then and in any or either of the mid cases, the Rights,

Powers, and Privileges hereby granted to the said Andre-\v John

h r r a y, his Executors, Administrators, and Assigns, shall cease

and. determine, and be utterly void, and of none effect.

IV. PROVIDED ALWAYS, AND BE IT EXACTED, that nothing saving clause.

herein contained shall affect or be construed to apply to the Rights of H E R MAJESTY, Her Heirs, Successors, or Assigns, or of any Bodies Politic or Corporate, or of afiy of HER MAJESTY'S Subjects,

save and except such as are mentioned herein, and those claiming

by, from, through, and under them.

V. A N D EE IT ENACTED, that this Ordinance shall not corn- commencement: of

mence or take effect until the same shall have received the Royal Ordinance.

Approbation, and the Notification of such Approbation shall have been made by His Excellency the Governor in the South Austra-

(m Govenznlent Gazette.

VI. A m B E IT E N A C ~ U, that as soon as this Ordinance shall Ordinance to be

have received the Roy a1 Approbation, and the Notification of such deemed a Public

-4pprobation shall have becn madc as aforesaid by His Excellency

the Governor, in manner aforesaid, this Ordinance shall be deemed

and taken to be n Public Act, and shall be judicially taken notice

as such by all Judges, Justices, and others, within the Province

of South Australia, without being specially pleaded.

VII- AND BE IT- ENACTEI), that the said Andrew John Murray Patentee may Enrol

may, without invalidating the Rights, Powers, and Privileges diatcly, and Manu- imme-

cranted to and conferred unon him. Enrol in manner afore- faeture Maahinara~.

Said t i le~~eci f imt ion of his said benti ion in the General Registry cording thereto.

Ofice of this Province, at any time after the passing of this Ordi- nance, and before HER MAJESTY has signified Her Royal Approbation

Gf,the same, and after having so Enrolled the Specification of the

Said Invention, may Manufacture or Use Machines made after the

and according to such S~ecification. U A

VIII. PROVIDED

xnrolmcnt of S ~ e c i =	a. VIII. PROVIDED	ALWAYS, AND BE ITENACTED,	that the saidAndrew
ficailon to be Ga-

zette,& andMadines John Murray shall give notice by advertisement in the Government

t o be marked "Re* Gclsette of the Enrolling of such Specification as aforesaid: AND gietered."

PROVIDER ALSO, that the said Andrew John Murray shall cause

to be Marked, Embossed, or otherwise affixed, the word Regis- tered" on so'me conspicuous part of each and every of the Machines so made after the plan of his Enrollcd Specification.

FREDK. H. ROBE,

Lieutenant-Governor.

Passed the Legislative Council, this Twentieth day o f June, One Thousand Eight Hun- dred and Forty-eight.

W. L, O'HALLORAN,

Clerk of Council.

ADELAIDE : Printed by authority, by A. MURRAY,