Lords Sitting of 18 February 1864

MUSEUM AND LIBRARY OF PATENTS.

  QUESTION.
  THE EARL OF POWISasked (pursuant to notice), Whether any steps will be taken this year for providing a proper Museum and Library of Patents? The noble Earl said he wished in a few words to recall to their Lordships' recollection the actual

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  state of affairs in regard to this subject. In 1852 the Patent Office was remodelled and put in charge of the Lord Chancellor, the Master of the Rolls, and the Attorney and Solicitor Generals. Inventors were allowed, upon payment of a certain fee, to obtain provisional registration of their Patents, and were required to pay further sums in three and seven years, in order to keep those patents up. The patents, when kept up to the full extent of their periods, were valid for fourteen years; but it was well known that but a small number of them were allowed to survive until that time. The revenue derived from patents was very considerable. The average number of applicants was about 3,000 a year. The revenue arising from stamps and instruments connected with them amounted to about £20,200 a year. The holders of patents were subjected to a heavy taxation in the shape of office fees, which amounted to about £91,000 a year. After payment of the expenses of the Patent Office were paid, there remained a net revenue of £44,000 a year. The fees paid to the Law Officers of the Crown amounted to £9,600, and they were of an extraordinary character. Now, the duties of those officers were almost a sinecure—at all events those fees were an extravagance that ought to be abated. They amounted nearly to the salary of the Lord Chancellor, and were almost double the salary paid to each of the puisne Judges of the Court of Queen's Bench. It was in respect to the surplus of £44,000 that he asked the Government to provide a proper museum and library of patents without further delay. The tenure by which the present offices were held was very unsatisfactory and precarious, inasmuch as since 1855 notice had been given by the Court of Chancery that those offices would be required for other purposes. When his noble and learned Friend sitting below him presided on the Woolsack (Lord Chelmsford) the museum and library were attached to the Patent Office, and they were found to be extremely useful additions. It was highly necessary that the valuable knowledge to be found in those two departments should be made as accessible as possible to owners of patents as well as applicants for them. The facts, however, were these—there was no standing room in the library, and the books had so increased that there was no room for a large number of them except upon the floor; and it was impracticable for any one
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  to pursue his researches there for want of the requisite facilities. The museum was almost equally useless. He believed that several valuable models had been offered to the Government, who were obliged to decline them because room could not be found for their accommodation. He must say that inventors had good reason to complain of this state of things, and they were a class who were well deserving of consideration.
  EARL GRANVILLEsaid, he fully concurred as to the importance of the subject to which the noble Earl had directed the attention of their Lordships. It was, indeed, already under the consideration of the Government. There was a space of eleven acres immediately contiguous to the Kensington Museum, on a portion of which he hoped before very long that a Patent Museum might be erected. There was no question that the accommodation at present afforded for this purpose was quite inadequate.

CLERKS OF THE PEACE.

  OBSERVATIONS.
  THE EARL OF ROMNEYsaid, he rose, according to notice, to call attention to the State of the Law with regard to the Removal of Clerks of the Peace from their Office; and to ask Whether Her Majesty's Government will consider the subject with the view of amending the Law in this respect? It was the duty of a clerk of the peace to make out jury lists, and also lists of persons claiming to appear on the register of voters. He held his office for life, during good behaviour; and he was removeable by the justices in sessions, on information, for misconduct in his office. In some cases it had been said that ho might be removed if he had been guilty of any disgraceful offence; but generally it was for misconduct in his office alone that he was removed. These officers were often solicitors, and might in that capacity act as trustees; yet, if a clerk of the peace rendered himself liable to a prosecution, under the Fraudulent Trustees Act, the injured parties might not be induced to proceed against him, from a belief that there would be more chance of getting back their money if he were not removed from his office. When persons in humble life were committed to prison for stealing sums of two or three shillings from their employers, he thought it was a scandal to the law that any one holding this office

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  should not be made amenable for offences of a much more serious nature of which he might be guilty.
  THE LORD CHANCELLORsaid, that the subject was a very difficult one to deal with. A clerk of the peace held his office quam diu bene se gesserit—that was practically for life—being only liable to removal by the justices if he "misdemeaned" himself in the execution of his duty. His whole life might be a scandal to the administration of justice; but he could not be removed from his office unless his misconduct was directly connected with the discharge of his duties as clerk of the peace. It was, no doubt, very objectionable that this should be the case; but, on the other hand, it was very difficult to confer upon the justices a discretionary power of removal. He would, however, consult with the Secretary of State for the Home Department, and see if any alteration in the law could be suggested.
  LORD CRANWORTHsaid, he thought that if clerks of the peace were convicted of felony, or other offences, there could be no difficulty in saying that then they should be removable as of course. It had been suggested, and the point might be worth considering, that, as the Judges were removable by the Crown, upon an Address voted by both Houses, so something in the nature of an address from the Court of Quarter Sessions to the Lord Chancellor should give him jurisdiction.
  House adjourned at a quarter before Six o'clock, till to-morrow, half-past Ten o'clock.