in loco parentis as an advancement of the child, and the amount payable on death under 21 years does not exceed the premium payments with interest at 4 per cent.

MARINE INSURANCE ACT 1909.

This Act (which, in compliance with the limited scope of the constitutional legislative power, is expressed not to apply to State marine insurance except when it extends beyond the limits of the State concerned) exactly follows the code framed by Mr. Chalmers, as enacted in Great Britain by the Marine Insurance Act 1906.

It applies to marine assurance and to State marine assurance extending beyond the limits of the State concerned. A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the lossess incident to marine adventure. A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance. Every contract of marine insurance by way of gaming or wagering is void. Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure. The assured must be interested in the subject matter insured at the time of the loss, though he need not be interested when the insurance is effected.

:

The mode of ascertaining an assurable value is prescribed as follows -A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party. Subject to the provisions of any Act, a contract of marine insurance is inadmissible in evidence in an action for the recovery of a loss under the contract unless it is embodied in a marine policy in accordance with this Act.

Other provisions of the Act relate to double insurance, warrants, the voyage, the assignment of policy, the premium, loss and abandonment, measure of indemnity, return of premium, and mutual insurance. A statutory form of policy is given in the second schedule of the Act.

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51. (xv.) Weights and measures:

§ 65. "WEIGHTS AND MEASURES."

This sub-section has been twice mentioned in judgments of the High Court as an example of a power which manifestly includes a power to regulate the domestic affairs of the States, and to control to some extent the operations of State Governments: AttorneyGeneral of New South Wales v. Collector, 5 C.L.R., at p. 833; R. v. Barger, 6 C.L.R., at p. 69.

In Attorney-General for New South Wales v. Brewery Employees' Union, 6 C.L.R., at p. 614, Mr. Justice HIGGINS observed that power "to make laws with respect to weights and measures is wider than the power of, the United States Congress to "fix the standards of weights and measures."

Decimal System.

A select committee of the House of Representatives, which in 1902 reported in favour of a decimal system of coinage (see Notes on section 51 (XII.)), incidentally recommended the co-operation of the Commonwealth in any movement for the decimalization of the weights and measures of the Empire. The report was adopted by the House on 19th June 1903, and both Houses passed resolutions in favour of a metric system of weights and measures for the Empire.

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51. (xvI.) Bills of exchange and promissory notes:

§ 66. "BILLS OF EXCHANGE.”

LEGISLATION.

BILLS OF EXCHANGE ACT 1909-1912.

This comprehensive measure consolidates the law relating to bills of exchange, cheques and promissory notes, and is in operation throughout the Commonwealth. The Consolidation is based on the model of the English Act. The amending Act of 1912 merely corrects a typographical error, in the principal Act.

51. (XVII.) Bankruptcy and insolvency :

No Commonwealth legislation has been passed with reference to this subject matter, but it is understood that a Bill has been drafted and that it will be dealt with when the state of public business affords an opportunity.

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51. (XVIII.) Copyrights,67 patents of inventions and designs,69 and trade70 marks:

§ 67. "COPYRIGHT."

LEGISLATION.

COPYRIGHT ACT 1905.

The first Copyright Act passed by the Federal Parliament established a copyright office and provided for a Registrar of Copyrights. It dealt with literary, musical, and dramatic copyright, and also with artistic copyright. The term of copyright was forty-two years, or the author's life and seven years, whichever was the longer. Registration was a condition precedent to the bringing of proceedings for infringement. First publication or production in Australia was essential to protection. As copyright was only conferred on books printed from type set up or plates made in Australia; and as regards artistic works, copyright was only on those made in Australia.

COPYRIGHT ACT 1912.

The British Copyright Act 1911, passed as a result of and after conference with the self-governing Dominions, placed the whole law of Empire copyright on a new footing. It is expressed to extend throughout His Majesty's dominions; with the proviso that it shall not be operative in a self-governing Dominion unless declared by the Legislature of that Dominion to be in force therein, either with or without modification or addition, relating exclusively to procedure and remedies, or necessary to adapt the Act to the circumstances of the Dominion. The Act is also "deemed to extend ' to any Dominion with respect to which the Secretary of State certifies, by notice in the London Gazette, that the Dominion has passed legislation under which the works of British authors resident out of the Dominion, and of foreign authors resident in the British Dominions to which the Act extends, enjoy within the Dominion rights substantially identical with those conferred by the British Act. Each Dominion, in order to enjoy the full benefit of the British Act, has the option of either declaring it to be in force in the Dominion, or of passing substantially identical legislation. The Commonwealth of Australia has chosen the former course. The Commonwealth Copyright Act 1912 repeals the Act of 1905 and

declares that the British Act, with a few small adopting modifications is in force in the Commonwealth as from the 1st July 1912.

The British Act which is annexed as a schedule to the Australian Act repeals all the old copyright laws, and provides for a comprehensive system of Imperial and International copyright. It extends to literary works (including maps, charts, plans, tables, and compilations), dramatic works (including choreographic works or entertainments in dumb show, and cinematograph productions musical works, and artistic works (including architectural works of art). Copyright subsists in every original work just published within the parts of the British Dominions to which the Act extends, and to unpublished works whose author was, when he made the work, a British subject or resident within those parts. Copyright is defined as the sole right to produce or reproduce a work, or any substantial part thereof, in any material form whatever; and to perform it (performance meaning any acoustic representation and any visual representation of dramatic action), or in the case of a lecture to deliver it; and in the case of an unpublished work to publish it; and includes rights of translation, dramatization or conversion, the right to make any record, perforated roll, cinematograph film, or other contrivance for mechanical performance, and the right to authorize any such acts. The term of copyright is the life of the author and fifty years after his death.

The part of the Act dealing with international copyright empowers His Majesty, by Order in Council, relating to a foreign country, to apply the Act (a) to works first published in the foreign country as if they were first published in a British Dominion to which the Act extends; (b) to works of the subjects or citizens of the foreign country, as if they were British subjects; (c) to residence in the foreign country, as if it were residence in a British Dominion to which the Act extends. Such an Order in Council may only be made with respect to a foreign country which has entered into a Copyright Convention with Great Britain, or satisfies His Majesty that it grants reciprocal rights.

The British Act dispenses altogether with the registration of copyrights. The Australian Act, however, retains the copyright registers, but makes registration purely optional, except that certain additional summary remedies for infringement are only available to the registered owner of a right.

$68. "PATENTS."

LEGISLATION.

PATENTS ACT 1903-1909.

The Patents Act 1903 established one patents law and administration for the Commonwealth. It superseded the State Acts, except in regard to existing rights and pending proceedings. Existing State patents were not affected; but a State patentee was enabled, if he wished, to obtain a Commonwealth patent (excepting any States in which the Commissioner was satisfied that the invention had been anticipated) for the unexpired term of his State patent. The patentee then had the option of surrendering his State patent; but unless he did so it continued in force.

The Act was based chiefly on the English Act of 1883 and the amendments thereof. It contained some modifications adopted from the law of one or other of the States. A Patent Office was established, controlled (under the Minister) by a Commissioner of Patents, and provision was made for the appointment of Deputy Commissioners and examiners.

The Act contains provisions relating to the working of patents, and compulsory licences, taken from the English Act of 1902. When a patent has been in force for two years, any person interested may present a petition to the Commissioner alleging that the reasonable requirements of the public with respect to the invention have not been satisfied, and praying for the grant of a compulsory licence or in the alternative for the revocation of the patent. The Commissioner may refer the petition to the High Court, or the Supreme Court of the State in which the Patent Office is situated; and if the Court finds that the reasonable requirements of the public have not been satisfied, it may order the patentee to grant licences on such terms as it thinks fit; or, if it thinks that remedy inadequate, may revoke the patent. A further provision (repealed when the more elaborate clauses of 1909 were introduced) threw upon the patentee the onus of proving that reasonable requirements had been satisfied, where the Court found that the patent was worked or the patented article manufactured exclusively or mainly outside the Commonwealth.

The Patents Act 1909 adopts, with one important variation the provisions of the English Act of 1907 with regard to the working