Public Officer – A gift of the office of King’s Printer in Scotland is made to a person and his heirs, and his partners, assignees, and substitutes; he afterwards assigns to two others, each one-third of the patent; these assignees and the original grantee had each right to a third share in the grant of the office, equal in all respects, and each might use the title of one of his Majesty’s Printers.
Certain objections made to an assignee under this grant, that the original grantee had not taken the oaths required by law, for taking which a space of time was limited, having assigned in the intermediate period; that this grant was made during the subsistence of a former grant, though to commence after expiration of such former one; and that it contained clauses and powers (some of which had been renounced) that were stated to be unusual and contrary to law,-found not relevant to reduce the same.
A new patent being obtained during the currency of the former, without any reduction thereof, and being founded on in this action, the decree is nevertheless ordained to be extracted, without prejudice to the grantees in the new patent, to insist on the gift in their favour as accords.
The Court having found, however, that the partners in the patent first mentioned might print Bibles, andc. and dispose of the same in any part of his majesty’s united kingdom or elsewhere; upon appeal, these last mentioned words ate ordered to be omitted in the affirmance of the judgment.
[1718] UKHL Robertson – 197, (1718) Robertson 197
Bailii
Scotland
Intellectual Property
Updated: 04 January 2022; Ref: scu.553507