BRITISH ORDER IN COUNCIL, applying "The Patents Designs, and Trade-marks (Amendment) Act, 1885," to Japan.-Balmoral, October 7, 1899.* At the Court at Balmoral, the 7th day of October, 1899. PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. His Royal Highness the Duke of Connaught and Strathearn. Lord Balfour of Burleigh. Sir Fleetwood Edwards. WHEREAS by section 103 of "The Patents, Designs, and Trademarks Act, 1883," as amended by section 6 of "The Patents, Designs, and Trade-marks (Amendment) Act, 1885," it is enacted as follows: "If Her Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States for mutual protection of inventions, designs, and trade-marks, or any of them, then any person who has applied for protection for any inven tion, design, or trade-mark in any such State shall be entitled to a patent for his invention or to registration of his design or trademark (as the case may be) under this Act in priority to other applicants, and such patent or registration shall have the same date as the date of the application in such foreign State; "Provided that his application is made in the case of a patent within seven months, and in the case of a design or trade-mark, within four months from his applying for protection in the foreign State with which the arrangement is in force; "Provided that nothing in this section contained shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification or the actual registration of his design or trade-mark in this country, as the case may be; "The publication in the United Kingdom or the Isle of Man during the respective periods aforesaid of any description of the invention or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein, during such periods of the trade-mark, shall not invalidate the patent which may be granted for the invention or the registration of the design or trade-mark; * "London Gazette," October 17, 1899. † Vol. LXXIV, page 211. Vol. LXXVI, page 498. "The application for the grant of a patent or the registration of a design or the registration of a trade-mark under this section must be made in the same manner as an ordinary application under this Act: provided that, in the case of trade-marks, any trade-mark the registration of which has been duly applied for in the country of origin may be registered under this Act; "The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time by Order in Council declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State." And whereas it has pleased Her Majesty to make an arrangement of the nature contemplated by the said Act, by and in virtue of a Declaration signed and sealed by Her Majesty's Ambassador at Paris, on the 17th March, 1884, duly conveying the accession of Great Britain to the International Convention and Protocol for the Protection of Industrial Property, signed by Representatives of certain Powers on the 20th day of March, 1883,† and duly ratified on the 6th day of June, 1884, power being reserved to Her Majesty to accede hereafter to the provisions of the said Convention and Protocol on behalf of the Isle of Man, the Channel Islands, and any of Her Majesty's possessions, which declaration of accession was duly accepted by the French Government on behalf of the Signatory Powers by and in virtue of a Declaration dated the 2nd April, 1884; And whereas by an Order in Council dated the 26th day of June, 1884, and by various subsequent Orders in Council, Her Majesty was pleased to declare that the herein before recited provisions of the said Act should apply to the several foreign countries named in the said Orders, parties to the said Convention; And whereas on the 15th day of July, 1899, the Empire of Japan duly acceded to the said Convention :§ 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 first mentioned Act, doth declare, and it is hereby declared, that the provisions of section 103 of the said Act as amended by section 6 of "The Patents, Designs, and Trade-marks (Amendment) Act, 1885," shall also apply to Japan; And it is hereby further ordered and declared that this Order shall take effect from the day and date first above written. A. W. FITZROY. * Vol. LXXV, page 414. + Vol. LXXIV, pages 44, 49. § See page 67. BRITISH ORDER IN COUNCIL, terminating the Operation of the Orders in Council regulating Her Majesty's Consular Jurisdiction in the Empire of Japan.-Balmoral, October 7, 1899.* At the Court at Balmoral, the 7th day of October, 1899. Sir Fleetwood Edwards. WHEREAS by Treaty, grant, usage, sufferance, and other lawful means Her Majesty the Queen has power and jurisdiction in the Empire of Japan; And whereas the exercise of the power and jurisdiction aforesaid is now regulated by "The China and Japau Order in Council, 1865,"† and subsequent amending Orders in Council; And whereas, by Treaty between Her Majesty and the Emperor of Japan, signed at London on the 16th July, 1894, it was agreed that from the date when that Treaty should come into force certain Conventions, Arrangements, and Agreements with respect to Her Majesty's jurisdiction in Japan should cease to be binding, and in consequence that the jurisdiction then exercised by British Courts in Japan, and all the exceptional privileges, exemptions, and immunities then enjoyed by British subjects as a part of or appurtenant to such jurisdiction should absolutely cease and determine, and thereafter all such jurisdiction should be assumed and exercised by Japanese Courts; And whereas the said Treaty came into force on the 17th day of July, 1899, but it has been agreed by and between Her Majesty and the Emperor of Japan that its operation as regards Her Majesty's Consular jurisdiction should be suspended until the 4th day of August, 1899: Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"§ or otherwise, in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows: As regards all such matters and cases as come within the juris* "London Gazette," October 17, 1899. + Vol. LV, page 136. Vol. LXXXVI, page 39. § Vol. LXXXII, page 656. diction of the Japanese Courts, the operation of the Orders in Council regulating Her Majesty's Consular jurisdiction in the Empire of Japan, shall cease to be in force and operation within the said Empire as from the 4th day of August, 1899, except as regards any judicial matters pending in any of Her Majesty's Consular Courts in Japan on the day above mentioned. And the Most Honourable the Marquess of Salisbury, K.G., one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Treasury, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain. A. W. FITZROY. BRITISH ORDER IN COUNCIL, for regulating the Administration of Barotzeland-North-Western Rhodesia.— Windsor, November 28, 1899. At the Court at Windsor, the 28th day of November, 1899. Lord President. Lord Chamberlain. Earl of Kintore. WHEREAS the territories of Africa situated within the limits of this Order, as hereinafter described, are under the protection of Her Majesty the Queen; And whereas by Treaty, grant, usage, sufferance and other lawful means, Her Majesty has power and jurisdiction in the said territories: Now, therefore, Her Majesty, by virtue and in exercise of the powers by "The Foreign Jurisdiction Act, 1890,"* or otherwise 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. This Order may be cited as "The Barotzeland-North-Western Rhodesia Order in Council, 1899." 2. In this Order, unless the subject or context otherwise requires "Her Majesty" includes Her Majesty, her heirs and successors; * Vol. LXXXII, page 656. "Secretary of State" means one of Her Majesty's Principa. Secretaries of State; "High Commissioner" means Her Majesty's High Commissioner for the time being for South Africa; "The Company" means the British South Africa Company; "Charter" means Her Majesty's Charter of the 29th day of October, 1889,* incorporating the Company (as amended by any supplemental Charter); "Administrator means an Administrator appointed under this Order to administer affairs within the limits of this Order, or within any parts of such limits, and includes an Acting Administrator; "Gazette" means the Cape of Good Hope Government Gazette ; "The Colony" means the Colony of the Cape of Good Hope; "Native" means any person not of European or American descent who is a native of Africa; "Person" includes corporation; The plural includes the singular, and the singular the plural, and the masculine the feminine. 3. The limits of this Order are the parts of Africa bounded by the River Zambezi, the German South-West African Protectorate, the Portuguese possessions, the Congo Free State, and the Kafukwe or Loengi River. Such limits further include so much of any territory belonging to the Bashukolumbwe tribe as may lie east of the Kafukwe or Loengi River. The territory within the limits of this Order shall be known as Barotzeland-North-Western Rhodesia, 4.-(1.) A Secretary of State may from time to time by notice published in the "Gazette" and in the "London Gazette," declare that any parts of Africa north of the River Zambezi, and under the protection of Her Majesty, shall be included within the limits of this Order, and from the date of such publication in the " Gazette" this Order shall apply to the parts named therein. (2.) The Secretary of State may from time to time by the like notice declare that any part of Africa for the time being within the limits of this Order shall, until otherwise directed, be excepted from the application of this Order; and from the date of the publication of such notice in the "Gazette," the part named therein shall be excluded from the limits of this Order. 5. The High Commissioner may on Her Majesty's behalf exercise all powers and jurisdiction which Her Majesty, at any time before or after the date of this Order, had or may have within the limits of this Order, and to that end may take or cause to be taken all such measures, and may do or cause to be done all such matters and |