Pennys Smelting Process Act 1847 (SA)

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.To secure to Ohrles Ilfouounsey Penny

nnd William O W N Z ~

dwing'the

term of fill Years, wilAi,t the Province of Sout12 Austmlia, the

Exclusive Right to w e a ccrtain New and Improved Process of

Smelting Copper 'and .Lead Ores.

[ l 81h .AToUmher,

1847.1

iince that such discovery should be made public:

WHEREAS

C ~ ~ n n ~ n s

A'Iovasm Pmm, of the TOWXI

of Ade- P m *

hide, Gentleman, and Wr~r~rnsr OwnN, of the s a m place, Chenlist,

have presented their Petition to the Governor of South Australia, stating that they are thc Original and True Inventors of a certain

Process for the more cheap and easy Smelting or Reducing of

Metallic Ores, and particularly the Ores of Copper and Lead, and

that they are willing t o make such their discovery public, upon having the Esclusiva Right to Smelt or Rcduce the said Ores, by such Process as aforesaid, secured to tllcnl within the said Province, for the Term of Ten Pears. subject to the Provisious hereinafter contained; and it would be highly advantageous to the said Pro-

sole use of thoir

thereof-THAT from and after the commencement of this Ordinanes,

Iwen

lion.

the Ful l Power, Esciusive Right, and Sole Pzivilege of using the

said Inveoliou, accordi~~g to the Specification or i)eacription thereol,

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

and be vested in, and eujoved by the said Cl~nrles Mounsey Penny and IWliaru Qwea, their Executors, Administrators, and Assians. by themselves, their Deputy, or ~)&uties, servants or ~ g e n t; or such others, as the said Charles Blounsey Penny and Willianj Own, their Executors, Administrators, and Assigns, shnll frcm time to time agree with, or license for that purpose, and no othec, from time to tme, and at all times hereafter, during the Term of

Ten Years, from the commencement of this Ordinance, to be fully

complete and ended; and they, the snid Charles Mounsey Pennv

and William Owen, their Executors, Administrators,

and ~ s s i ~ a;

and no others, except as aforesaid, shall and lawfully may mak, use, exercise, and vend the said Iave~tion within thesaid 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.

F e r s o ~ r using

or

11.

AND BE IT XNACTED,

that if anv Person or Persons, Bodies

counterfeiting with-

,

,

~ i ~, ,

.

be Politic or Corporate, shall at any time during the said period of Ten Years, either directly or indirectly do,make, use, or put in practice the said Invention, or slloll in anywise counterfeit, imitate, or re- semble the same, without the license, consent, or agreement of the said Charles Mounsey Penny and Wi:linm Owen, their Esecutors. Administrators, and Assigns, in writing under tlleir Haqds nnd Seals first had and obtained, such Person or Persons, Bodies

xable l eac l i~n*

Politic or Corporate, so doing, i t ~ o l i i n ~ using, coun terfciting, imi-

toting: or rcsen~bling, \vitllout, sucli ilcrnsc nr ni'orcsoid, shnll hc

B?

linblc 111 h u n g c s to thc snid Cl~n~ lc s illuu~lscy l 'wny nnd Jvilli:m Olvcn, their Esccutors, Atlmiuistrators, and Assigns, in the s a n e

nlalliie~ and no otherwise, as if the liights, Powers, and Privilege hereby granted to and conferred upon the said Charles Mounaey 'Penny and Willianl Osen, their Executors, ddministmtors, and Assigns, had been grauted and conferred by H E R MAJESTY'S Letters Patent under the Great Seal,

Term

and Condim

111. A B D BE IT E N ~ c ~ ~ ~,

that if it 6 h d appear to b r, fib-

fioar.

\

J E s l Y, or to any petson or pel3GllS duly acting under the autlio-

r i ty or on behalf of I-Is]z R~AJESTY, that the R~ghts, Powers, clud

h*-ivileges hereby given to and conferred upon-the- said Charles

Mounsey Penny and William O l ~ e n, their Esecutors, Administra-

tors, and Assigns, are contrary to .Law, or that the same are or may Le hurtful, prejudicial, or inconveuient, to thesubjects of Hsn

&!nrzu.ru residiog in the ~rovisce of South Australia, o r that the

said

Invention is not n New Invention, or is nottthc the Invent ion

of the s i d Chzrles Xounsey Penny a w l W;lli;lul. Owen; ol. i f the

C h r l e s NOU~ISCJ~

f'cmny and 'iVi!li,m Cir;eu, tlleir Exqc.utol*s,

&iminisiz.ators, or Assigns, sllsll use or irnitcttc any E~lvcction or W O ~ wliicll hnth been Invei~ted by anv of ]E- ER NAJISTY's Sub- ject.. sad publicly used and pmctiscd mithin any ~ a r t of Ncn X.IJF,ST'S Domi!iioas; OS if t h e said Charles Naun,iey Penny and Wil l iar~ ( iuFon, their Iisecutow, Adrainistrators, or Assigns, shall

not wi~liirl Sis

&font!is fi-~in

tile Corcniencement of ibis Or.:';iiiz~~c,

t'u!ly and particularlv clexril;c, and ascertain, ad lidie a ssificiect

Specificatiou of the" nature of the said Inrentiou, aud in w,.l:at manner the same is to be perf'ormccl, by a11 fnstrurnent iu writing under their Hands and Seals, aucl cause the s z m e to be Enrolled iu the General lkgistry Ofice of tilc said Province of South Austra- lia, illat then and in any or either of the mid cascs, the Bights, Powers, aild Privileges liereby gantccl to the said Cilarles Nounsey

Penny and lVillialn 0 wen, their Esecu tors, Administrators, aild Assigns, shall cease ancl determiue, znd be uttedy void, and of

none

e f kc t,

IV. Pfiorinen ALWAYS, nnD BE IT EXACTED,

that nothing Sayi~g

clru.

herein contained shall affect or be construed t o apply to the Bights of H e n M A J E ~ T Y, I ier Heirs, Successors, or Assigns, or of any Bodies, Poliiic or Corporate, or of any of HER A JESTY'S Subjects,

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

by, from, througll, ancl under them.

V. A N D RE IT EXACTED,

t l ~ n t

this

Ordiilance

s l~al l not corn- ~ommencemont of

mencc or take effect until the sane sl~all

have received the Royal ordiun"cQ*

Approbation, and the N otificntion of such Approbation slid1 have

been n\adc by lIis Escdlcllcy the Govenlor in tllc Suu~h

Airstra-

liun G O Z ' C I ~ I C U ~

Grrxile.

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