in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:- 1. The said Order in Council of the 20th October, 1898, shall be deemed for all purposes to have commenced and come into operation on the 25th day of November, 1898. 2. This Order may be cited as "The Southern Rhodesia Order in Council, 1899." A. W. FITZROY. BRITISH ORDER IN COUNCIL, applying the provisions of "The Merchandise Marks Act, 1887," "The Patents, Designs, and Trade-marks Acts, 1883 to 1888," and any Arts or Orders in Council in force relating to Copyright, or to Inventions, Designs, or Trade-marks, to China, Japan, and Corea. Osborne, February 2, 1899.* At the Court at Osborne House, Isle of Wight, the 2nd day of February, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in China, Japan, and Corea: Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"+ and otherwise in her vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows: 1. Any act which, if done in the United Kingdom or in a British possession, would be an offence against any of the following Statutes of the Imperial Parliament or Orders in Council, that is to say: "The Merchandise Marks Act, 1887;" "The Patents, Designs, and Trade-marks Acts, 1883 to 1888;” Any Act, Statute, or Order in Council for the time being in force relating to copyright or to inventions, designs, or trademarks; or Any Statute amending or substituted for any of the abovementioned Statutes Shall, if done by a British subject in China, Japan, or Corea, be "London Gazette," February 3, 1899. an offence against this Order, whether such act is done in relation to any property or right of a British subject, or of a foreigner or otherwise: Provided (1.) That a copy of any such Statute or Order in Council shall be published in the public offices of the Consulates-General of Shanghae, Tôkiô, and Seoul respectively, and shall be there open for inspection by any person at all reasonable times; and a person shall not be punished under this Order for anything done before the expiration of one month after such publication, unless the person offending is proved to have had express notice of the Statute or Order; (2.) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained without the consent, in writing, of Her Majesty's Minister or Chargé d'Affaires, who may withhold such consent, unless he is satisfied that effectual provision exists for the punishment, in Consular or other Courts in China, Japan, or Corea (as the case may be), of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject, in relation to or affecting the interests of British subjects. 2. An offence against this Order shall be punishable with imprisonment for any period not exceeding three months, or a fine not exceeding 100%., or both. 3. This Order may be cited as "The China, Japan, and Corea (Patents, &c.,) Order in Council, 1899." And the Most Honourable the Marquess of Salisbury, K.G., one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein. A. W. FITZROY. BRITISH ORDER IN COUNCIL, applying the provisions of Sections 39 and 57 of "The Patents, Designs, and Trademarks Act, 1883," to the Paris Exhibition of 1900.Osborne, February 2, 1899.* At the Court at Osborne House, Isle of Wight, the 2nd day of February, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS "The Patents, Designs, and Trade-marks Act, 1883," amongst other things, provides by section 39† that the exhibition "London Gazette," February 3, 1899. + Vol. LXXIV, page 222. 3 X [1898-99. xvI.] of an invention at an industrial or international exhibition certified as such by the Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere without the privity or consent of the inventor, shall not prejudice the right of the inventor, or his legal personal representative, to apply for and obtain provisional protection and a patent in respect of the invention, or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely: (a.) The exhibitor must, before exhibiting the invention, give the Comptroller the prescribed notice of his intention to do so; and (b.) The application for a patent must be made before or within six months from the date of the opening of the exhibition; And whereas the said Act further provides by section 57* that the exhibition at an industrial or international exhibition, certified as such by the Board of Trade, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor of a design or of any article to which a design is applied, or the publication during the holding of any such exhibition of a description of a design, shall not prevent the design from being registered, or invalidate the registration thereof, provided that both the following conditions are complied with, namely: (a.) The exhibitor must, before exhibiting the design or article, or publishing a description of the design, give the Comptroller the prescribed notice of his intention to do so; and (b.) The application for registration must be made before or within six months from the date of the opening of the exhibition; And whereas Her Majesty, by virtue of the authority committed to her by the provisions of "The Patents Act, 1886,"† is empowered by Order in Council from time to time to declare that the provisions of the said Act of 1883, above recited, shall apply to any exhibition mentioned in the Order in like manner as if it were an industrial or international exhibition certified by the Boar of Trade, and to provide that the exhibitor shall be relieved from the conditions specified in the said hereinbefore recited sections of the said Act of 1883: Now, therefore, Her Majesty, by and with the advice of her Privy Council, and by virtue of the authority committed to her by the said Act of 1886, doth declare, and it is hereby declared, that * Vol. LXXIV, page 228. + Vol. LXXVII, page 965. the provisions of the foregoing sections of the said Act of 1883 shall apply to the International Exhibition to be held at Paris in the year 1900; and further, that the exhibitor of an invention, a design, or any article to which a design is applied, shall be relieved from the conditions specified in the said herein before recited sections of the said Act of 1883 of giving notice, as therein required, of his intention to exhibit such invention, design, or article to which a design is applied. A. W. FITZROY. BRITISH ORDER IN COUNCIL, applying "The Colonial Probates Act, 1892," to the Colony of Queensland.-Windsor, May 19, 1899.* At the Court at Windsor, the 19th day of May, 1899. Lord President. Lord Chamberlain. Earl of Kintore. WHEREAS by the first section of "The Colonial Probates Act, 1892," it is enacted as follows: "Her Majesty the Queen may, on being satisfied that the Legislature of any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the Courts of the United Kingdom, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to that possession, and, thereupon, while the Order is in force, this Act shall apply accordingly;" And whereas Her Majesty is satisfied that the Legislature of the British possession hereinafter mentioned has made adequate provision for the recognition in that possession of probates and letters of administration granted by the Courts of the United Kingdom: Now, therefore, Her Majesty, by virtue and in exercise of the powers by the above-recited Act in Her Majesty vested, is pleased, by and with the advice of her Most Honourable Privy Council, to order, and it is hereby ordered, as follows: "London Gazette,” May 26, 1899. + Vol. LXXXIV, page 700. "The Colonial Probates Act, 1892," shall apply to the British possession hereunder mentioned The Colony of Queensland. And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. A. W. FITZROY. BRITISH ORDER IN COUNCIL, respecting the Execution of Decrees, Orders, &c., of the Supreme Court for China, Japan, and Corea.-Windsor, July 14, 1899.* At the Court at Windsor, the 14th day of July, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President. Duke of Marlborough. Lord Chamberlain. WHEREAS, by Treaty and otherwise, Her Majesty has power and jurisdiction within China, Japan, and Corea: Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreigu Jurisdiction Act, 1890,"† and otherwise in her vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as "The China, Japan, and Corea (Supreme Court) Order in Council, 1899." 2. All decrees, orders, and sentences made and passed by Her Majesty's Supreme Court for China, Japan, and Corea, shall be executed by such officer of the Court or Consular officer as Her Majesty's Minister in China shall from time to time appoint for the purpose. 3. Article 42 of "The China and Japan Order in Council, 1865," is hereby repealed. A. W. FITZROY. *"London Gazette," July 18, 1899. + Vol. LXXXII, page 656. Vol. LV, page 136. |