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Berne Convention-Retirement of Montenegro.

And whereas by the said Berne Convention and the said additional Act it is provided that the said convention shall remain in effect until the termination of a year from the day on which it may have been denounced, and that such denunciation shall be made to the Government of the Swiss Confederation, and shall only be effective as regards the country making it, the said convention remaining in full force and effect for the other countries parties thereto;

And whereas Her Majesty's Government have been informed that the Government of Montenegro did, on the 1st day of April, 1899, denounce the said Berne Convention to the Government of the Swiss Confederation in accordance with the terms of the said convention and additional Act;

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority committed to Her by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered as follows:

1. The herein before recited Order in Council of the 16th day of May, 1893, is hereby revoked as from the commencement of this Order, and the provisions of the herein before recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall, as from the commencement of this Order, cease to apply to the Principality of Montenegro.

2. Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of the said Orders in Council of the 28th day of November, 1887, the 16th day of May, 1893, and the 7th day of March, 1898, or otherwise, and any person entitled to such right shall continue entitled thereto, and to the remedies for the same in like manner as if this Order had not been made.

3. This Order shall come into operation on the 1st day of April, 1900, which date is hereinbefore referred to as the commencement of this Order. And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly.

Vide Canada Gazette, vol. XXXIII., p. 618.

A. W. FITZROY.

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AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 8TH
DAY OF AUGUST, 1899.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY.

Lord Chancellor,

Lord President,

Lord James of Hereford,
Sir Fleetwood Edwards.

WHEREAS on the 9th day of September, 1886, a convention (hereinafter called the Berne Convention) with respect to the protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the foreign countries following, that is to say :-Belgium, Hayti, Switzerland, France, Italy, Germany, Spain and Tunis:

And whereas on the 5th day of September, 1887, the ratifications of the said convention were duly exchanged between Her Majesty the Queen and the aforesaid countries:

And whereas by an Order in Council dated the 28th day of November, 1837, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty's dominions to the authors of literary and artistic works first produced in any of the said foreign countries (therein referred to as the foreign countries of the Copyright Union), and otherwise giving effect throughout Her Majesty's dominions to the terms of the said Berne Convention, and an English translation of the said convention was set out in the first schedule to the Order in Council now in recital:

And whereas since the date of the said Order in Council herein before recited, the foreign countries following, namely, Luxembourg, Monaco, Montenegro, and Norway have acceded to the said Berne Convention, and by Orders in Council, dated respectively the 10th day of August, 1888, the 15th day of October, 1889, the 16th day of May, 1893, and the 1st day of August, 1896, and made under the authority aforesaid, the provisions of the hereinbefore recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively, and the last-mentioned foreign countries, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council:

And whereas an additional Act to the said Berne Convention was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention, namely:-Germany, Italy, Switzerland, Belgium, Luxembourg, and Spain, Monaco, Tunis, France,

Berne Convention-Extension to Japan.

Montenegro, and the ratifications of the said additional Act were, on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries:

And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said additional Act throughout Her Majesty's dominions, so far as regards the foreign countries herein before named as parties to the said additional Act, and an English translation of the said additional Act is set forth in the schedule to the Order in Council now in recital:

And whereas the Republic of Hayti having duly acceded to the said additional Act, the said Order in Council of the 7th day of March, 1898, was, by Order in Council of the 19th day of May, 1898, extended to the said Republic:

And whereas it has been intimated to Her Majesty's Government that the Government of the Empire of Japan have notified the accession of that country to the said Berne Convention and additional Act, to take effect from the 15th day of July, 1899:

And whereas Her Majesty in Council is satisfied that the said Empire of Japan has made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty's dominions;

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 Acts, doth order, and it is hereby ordered, as follows:

1. From and after the commencement of this Order the herein before recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the said Empire of Japan.

2. This Order shall come into operation on the 15th day of July, 1899, which date is herein before referred to as the commencement of this Order. 3. And the Lords Commissioners of Her Majesty's Treasury are to give the necessary orders herein accordingly.

Vide Canada Gazette, vol. xxxiii, p. 618.

A. W. FITZROY.

(Circular.)

DOWNING STREET, 30th August, 1899.

SIR,-With reference to my circular despatch of the 19th October, 1898, respecting the constitution of Prize Courts in the colonies, I have the honour to transmit to you a warrant addressed to the Exchequer Court, Canada, requiring it, upon any proclamation being made by the vice-admiral of the colony that war has broken out between Her Majesty and any foreign

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Prize Courts in the Colonies.

State, and not otherwise, to take cognizance of and judicially to proceed in prize matters as therein indicated. The warrant is accompanied by a copy of Her Majesty's letters patent authorizing the issue of such warrants by the Admiralty and a copy of the form of proclamation to be issued by the Vice-admiral as to war having broken out.

I have to request that the warrant and copy of the letters patent may to forwarded to the chief judicial officer of the above mentioned court.

The Lords Commissioners of the Admiralty have suggested Halifax and Victoria, B.C., as places within the jurisdiction of the court at which it would be convenient for Prize Courts to sit.

Their Lordships have also suggested that the Court may be recommended to appoint its bailiffs or other suitable officers to the posts of marshals of the Prize Courts in cases where no such officers already exist.

I have the honour to be, sir,

Your most obedient humble servant,

The Officer Administering

The Government of Canada.

J. CHAMBERLAIN.

(L.S.)

By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c.

Her Majesty having been pleased by Her Commission under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date at Westminster the tenth day of July in the sixty-third year of Her reign to authorize us to the effect following as by such Commission (a copy of which Commission is hereto annexed) doth more at large appear. These are in Her Majesty's name and ours to will and require the Exchequer Court of Canada and you the Judge of the said Court and all others the Judges or Judge for the time being of the said Court or other the persons or person executing the duties of the office of Judge of the said Court for the time being and you are hereby authorized and required from time to time upon any proclamation being made by the Vice Admiral for the time being of Canada that War has broken out between Her Majesty and any Foreign State and not otherwise to take cognizance of and judicially to proceed upon all and all manner of Captures Recaptures Seizures Prizes and reprisals of all Ships, Vessels and Goods which shall on the outbreak of any such War have been already seized and taken and which shall thereafter be seized and taken and which are or shall be brought within the limits of the said Court and all other matters of prize falling within the jurisdiction of the said Court and to hear and determine the same according to the course of Admiralty and the law of Nations and the Statutes Rules and Regulations in that behalf for the time being in force to

Prize Courts in the Colonies.

adjudge and condemn all such Ships Vessels and Goods as shall belong to the Foreign State named in such Proclamation or to the Subjects of such State or to any others inhabiting within any of the Countries, Territories or Dominions of the same or which are otherwise condemnable as Prize and which shall be brought before the said Exchequer Court of Canada for adjudication and condemnation. And for doing the acts hereinbefore mentioned this shall be your Warrant until the same is withdrawn or revoked.

Given under our hands and the Seal of the Office of Admiralty this seventeenth day of August one thousand eight hundred and ninety-nine. WALTER T. KERR, (Sgd.) A. W. MOORE.

(Sgd.)

To the Judge of the Exchequer Court of Canada and all others the Judges or Judge for the time being of the said Court or the persons or person duly executing the duties of the Office of Judge of the said Court for the time being.

By command of their Lordships.

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VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, Empress of India.

To Our right trusty and well beloved Councillor George Joachim Goschen, Our trusty and well beloved Sir Frederick William Richards, Knight Grand Cross of Our Most Honourable Order of the Bath, Admiral of Our Fleet, Sir Walter Talbot Kerr, commonly called Lord Walter Talbot Kerr, Knight Commander of Our Most Honourable Order of the Bath, Vice Admiral in Our Navy, Arthur Knyvet Wilson, Esquire, Companion of Our Most Honourable Order of the Bath, Victoria Cross, Rear Admiral in Our Navy, Arthur William Moore, Esquire, Companion of Our Most Honourable Order of the Bath, Companion of Our Most Distinguished Order of Saint Michael and Saint George, Rear Admiral in Our Navy, and Joseph Austen Chamberlain, Esquire, Our Commissioners for executing the Office of Lord High Admiral of Our United Kingdom of Great Britain and Ireland and the Dominions thereunto belonging and to Our Commissioners for executing that office for the time being,-GREETING.

Whereas it is expedient that upon the outbreak of War between us and any Foreign State there shall be found or forthwith constituted throughout Our Dominions, Possessions and Colonies Prize Courts duly commissioned to take cognizance of captures, recaptures, seizures, prizes and reprisals of ships, vessels and goods to which Prize Courts Our Fleets and Ships may bring to judgment all ships, vessels, and goods seized by them. These are, therefore, to authorize and We do hereby authorize and enjoin you Our said Commis

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