1851. IN RE BRIDSON'S PATENT. 7th Feb., 1852.* evidence is not satisfactory, and that some further inquiry will be necessary, but that is for their Lordships to determine at the hearing. The application is quite wild, and must not only be refused, but with costs. The petition for prolongation was afterwards withdrawn by the Petitioners, and no hearing took place. Two only of the Objectors served the Petitioners with notice of their intention to apply to the Court for costs of opposition. Mr. Forsyth and Mr. Webster, for the Objectors, applied for costs; they relied upon Macintosh's Patent (a). Mr. Edmund F. Moore, in opposition, Submitted, first, that it was a case for indulgence, as the petition was withdrawn before the hearing, costs in the case cited being given only at the hearing; and, secondly, urged, in the alternative, that only those of the Objectors, who had given notice of their intended application, were entitled to costs. Lord CRANWORTH: It appears that there is no practice which renders it necessary for Opposers to give notice of their intended application for costs; neither is there anything which can justify us in refusing costs of opposition. * Present: Lord Cranworth, the Right Hon. the Lord Justice Knight Bruce, the Right Hon. Dr. Lushington, and the Right Hon. Sir Edward Ryan. (a) 1 Webs. Pat. Rep. 739, n. The costs, therefore, of all the Objectors opposing the petition must be paid by the Petitioners (a). (a) In Westrupp and Gibbin's Patent, 1 Webs. Pat. Rep. 556, costs of the Opposers were given at the hearing. So in Downton's Patent, ib. 567, costs, occasioned by an unsuccessful opposition, were allowed to the Petitioners. See the next case. 1851. IN RE BRIDSON'S PATENT. IN RE HORNBY'S PATENT.* IN this case a petition for prolongation of the term of Letters Patent granted to Hornby, in 1839, for improvements in machinery, was presented, and a day appointed for hearing. Objections were lodged against an extension. Afterwards the Petitioners abandoned their intention of proceeding with their application for a prolongation, and served the Objectors with notice of the abandonment. An objection being made to the payment of the Objectors' costs, Mr. Hindmarch, for the Objectors, Applied, on motion, for costs of the opposition occasioned by the petition. He cited Macintosh's Patent (b), and Statute, 3rd & 4th Will. IV., c. 41, sec. 15. * The same point being involved in this case as in the preceding, it is thought advisable to insert them together. Present: The Lord Chief Justice of the Common Pleas (Sir John Jervis), the Right Hon. Dr. Lushington, the Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward Ryan, and the Right Hon. Sir John Patteson. (b) 1 Webs. Pat. Rep. 739, n.; and see "In re Bridson's Patent," ante, p. 499. 16th June, 1853.+ On a petition for prolongation of Letters Patent, a day was fixed for hearing. Objections were lodged against an extension. Before the hearing the Petitioners abandoned the prosecu tion of the petition. In such circum stances, costs of opposition allowed to Opposer. 1853. IN RE HORNBY'S PATENT. Their Lordships directed that the costs of the opposition should be taxed by the Registrar of the Privy Council, and paid by the Petitioners. 2. Petition to dismiss an appeal from All this Court will do, in such cir- 141 cial application, allowed. [In re by the Judges at Sierra Leone, Court, by its sentence pronounced |