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but trade in Indian tea shall not be engaged in during the five years for which other commodities are exempt.
5. All goods on arrival at Yatung, whether from British India or from Tibet, must be reported at the Custom station there for examination, and the report must give full particulars of the description, quantity, and value of the goods.
6. In the event of trade disputes arising between British and Chinese or Tibetan subjects in Tibet, they shall be inquired into and settled in personal conference by the Political Officer for Sikkim and the Chinese Frontier Officer. The object of personal conference being to ascertain facts and do justice, where there is a divergence of views, the law of the country to which the defendant belongs shall guide.
7. Despatches from the Government of India to the Chinese Imperial Resident in Tibet shall be handed over by the Political Officer for Sikkim to the Chinese Frontier Officer, who will forward them by special courier.
Despatches from the Chinese Imperial Resident in Tibet to the Government of India will be handed over by the Chinese Frontier Officer to the Political Officer for Sikkim, who will forward them as quickly as possible.
8. Despatches between the Chinese and Indian officials must be treated with due respect, and couriers will be assisted in passing to and fro by the officers of each Government.
9. After the expiration of one year from the date of the opening of Yatung, such Tibetans as continue to graze their cattle in Sikkim will be subject to such regulations as the British Government may from time to time enact for the general conduct of grazing in Sikkim. Due notice will be given of such regulations.
1. In the event of disagreement between the Political Officer for Sikkim and the Chinese Frontier Officer, each official shall report the matter to bis immediate superior, who in turn, if a settlement is not arrived at between them, shall refer such matter to their respeto tive Governments for disposal.
2. After the lapse of Sve years from the date on which these Regulations shall come into force, and on six months' notic gireta by either party, these Regulations shall be subject to revisia by Commissioners appointed on both sides for this purpose, who sha? be empowered to decide on and adopt such amendments and eriensions as experience shall prove to be desirable.
3. It having been stipulated that Joint Commissioners should
be appointed by the British and Chinese Governments under Article VII of the Sikkim-Tibet Convention to meet and discuss, with a view to the final settlement of the questions reserved under Articles IV, V, and VI of the said Convention; and the Commnissioners thus appointed having met and discussed the questions referred to, namely, trade, communication, and pasturage, have been further appointed to sign the Agreement in nine Regulations and three General Articles now arrived at, and to declare that the said nine Regulations and the three General Articles form part of the Convention itself.
In witness whereof the respective Commissioners have hereto subscribed their names.
Done in quadruplicate at Darjeeling, this 5th day of December, in the year 1893, corresponding with the Chinese date, the 28th day of the 10th moon of the 19th year of Kuang Hsü.
(L.S.) A. W. PAUL, British Commissioner.
JAMES H. HART, Chinese Commissioners.
BRITISH ORDER IN COUNCIL, applying “ The Trade
Marks Acts, 1883* and 1885,"t to the Republic of Equator. -Windsor, May 16, 1893.
At the Court at Windsor, the 16th day of May, 1893.
Whereas by the provisions of “ The Patents, Designs, and Trade-Marks Act, 1883,” as amended by “ The Patents, Designs, and Trade Marks (Amendment) Act, 1885," it is, amongst other things, provided
That 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 invention, design, or trade-mark in any such State shall, subject to
• Vol. LXXIV, page 211.
† Vol. LXXVI, puge 198.
the conditions further provided and set forth in the said Act, be entitled to a patent for his invention, or to registration of his design or trade-mark (as the case may be) under the said 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;
And whereas it has pleased Her Majesty to make an arrangement with his Excellency the President of Equator by and in virtue of a Convention entered into between Her Majesty and that State, dated the 26th day of August, 1892, and duly ratified on the 3rd day of February, 1893,* as regards the rights to which subjects of each of the Contracting Parties shall be entitled in the dominions and possessions of the other in regard to designs and trade-marks;
Now, therefore, Her Majesty, by and with the advice of ter 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 the said Acts hereinbefore specified shall app! to the following country, viz.
And it is further ordered and declared that this Order shall take effect, so far as regards designs and trade-marks, at the expiration of four months from the day and date first above writtea.
C. L. PEEL
BRITISH ORDER IN COUNCIL, applying “ The Mail-Ships
Act, 1891,"+ to India, as regards the Postal Conventiss between Great Britain and France of August 30, 1890.Windsor, May 16, 1893.
At the Court at Windsor, the 16th day of May, 1893.
Whereas on the 30th day of August, 1890, a Conventiën was made at Juondon between Her Majesty and the President of the French Republic respecting the postal service between France and the French possessions and the United Kingdom and British possessions ; Vol. LXXXIV, page 75.
+ Vol. LXXXIII, pa ze 125. | Vol. LXXXII, page 91.
And whereas the ratifications of the said Convention were exchanged on the 23rd March, 1891 ;
And whereas, by “The Mail-Ships (France) Order in Council, 1892,"* “ The Mail-Ships Act, 1891,” is applied during the contin cance of that Order as regards the said Convention, and as regards the French Republic and the postal service and mail-ships described in that Convention ;
And whereas by section 8, subsection (1), of the said Act it is provided that an Order in Council may, for the purpose of a Convention with a foreign State, apply the said Act, subject to any exceptions or modifications not inconsistent with the provisions of the said Act, to any British possession, and that the said Act when so applied should, subject to those exceptions and modifications, and subject as thereinafter mentioned, have effect as if it were re-enacted, with the substitution of such British possession for the United Kingdom, provided that, before it should be applied to any British possession named in the Schedule to the said Act, the Government of such possession should have adhered to the Convention ;
And whereas the Government of India, one of the possessions named in the Schedule to the said Act, has adhered to the said Convention, and it is expedient that the said Act should, for the purposes of the said Convention, apply to India, subject to the exceptions and modifications in this Order contained :
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by “The Mail-Ships Act, 1891,” 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. “ The Mail-Ships Act, 1891,” shall for the purpose of the said Convention apply to India, subject to the provisions of section 8 of the said Act, and also to the exceptions and modifications following, that is to say:
(1.) The expression “Officer of Customs” means an officer of Customs authorized under “The Sea Customs Act, 1878," or other law for the time being regulating sea customs in India.
(2.) The provisions of the said Act as to the amount of fines shall be read as if the amounts were stated in rupees at the rate of 10 rupees to the pound sterling.
(3.) In lieu of subsections (1) and (2) of section 7 of the said Act, the following provisions shall be substituted, that is to say :
Every fine under the said Act, if exceeding 500 rupoes, may be recovered by suit in the principal Civil Court having original
* Vol. LXXXIV, page 277.
jurisdiction in the place in which the person liable to the fine may be found.
A fine under the said Act not exceeding 500 rupees may be recovered by criminal proceedings before a Presidency Magistrate, or Magistrate of the First Class, having jurisdiction in the place in which the person liable to the fine may be found. Provided that
(a.) Every offence for which a fine exceeding 500 rupees can be imposed under the said Act may be prosecuted before such Magistrate, but the fine imposed on such conviction shall not exceed 500 rupees; and
(6.) In every case of conviction and fine by a Magistrate there shall be an appeal to the same Court as in other cases of fine of such amount as, under the law for the time being in force in India, to give a right of appeal.
Every Court, wbether of original or appellate jurisdiction, may reduce the amount of any fine.
(4.) The Regulations required to be made under subsection (1) of section 7 of the said Act by the Commissioners of Customs, with the consent of the Treasury, shall in India be made by the GovernorGeneral in Council.
(5.) Section 5 of the said Act, so far as relates to the Commissioners of Customs, shall not apply to India.
2. The said Act shall apply as regards any public ship of the French Republic when employed as a mail-ship in the cases authorized by Article V of the said Convention.
3. This Order may be cited as “The Mail-ships (France) Order in Council (India), 1893."
And the Right Honourable the Earl of Rosebery, K.G., and the Right Honourable the Earl of Kimberley, K.G., two of Her Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL