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passenger who shall prove, by statutory declaration or otherwise, to the satisfaction of the Collector of Customs at the port at which such passenger proposes to land, that he had left China or Hong Kong for New Zealand before the 10th day of June, 1888.
5. The penalty prescribed by the 6th section of the said Act shall henceforth be 501. in lieu of 201., as therein provided.
It shall also be an offence within the meaning of the said section, as amended by this Act, if the master of any vessel which shall have brought Chinese to the Colony shall permit or suffer any Chinese to escape from such vessel before the prescribed amount shall have been paid on behalf of such Chinese.
6. If any Chinese who becomes liable to the penalty prescribed by the 9th section of the said Act shall make default in payment of such penalty, he shall be liable to imprisonment for twelve months, unless such penalty be sooner paid, and may be apprehended and taken before any Justice of the Peace to be dealt with in due course of law.
7. The sum of 101. required to be paid by the 5th section of the said Act shall not be payable by or for any Chinese duly accredited to this Colony by the Government of China, or by or under the authority of the Imperial Government, on any special mission.
8. The penalties and restrictions imposed by the said Act as amended by this Act shall not, nor shall any of them, be held to be applicable in the case of any Chinese being one of the crew of any vessel arriving in any port in New Zealand, and no such Chinese, being one of such crew, shall be discharged and landed from such vessel within the Colony, or shall at any time go on shore, except in the performance of his duties in connection with such vessel, and every such Chinese so discharged and landed shall be liable to a penalty of 201.
9. Any vessel on board which Chinese shall be transhipped from another vessel and be brought to any port or place in this Colony shall be deemed to be a vessel bringing Chinese into the said Colony from parts beyond the said Colony, and shall be subject to all the requirements and provisions of the said Act and this Act, and all Chinese so transhipped and brought to such port or place shall be deemed to be Chinese arriving from parts beyond New Zealand.
10. For the purpose of any proceeding taken under any of the provisions of the said Act or this Act, the burden shall lie on the defendant of proving that he is exempt from the operation of any of such provisions, and it shall not be necessary, in any information, summons, or conviction, or other document, to state or negative any exception in, or exemption under, the said Acts.
11. Nothing contained in this Act or the said Act shall apply to the officers or crews of any vessel or vessels of war of His Majesty
the Emperor of China, who shall have all the privileges and immunities enjoyed by the officers and crews of the vessels of war of any other friendly Power.
12. This Act shall remain in force till the end of the next Session of the General Assembly, and no longer.*
ACT of the Government of New Zealand, to amend the Law
relating to Patents for Inventions, Registration of Designs,
and of Trade-marks. [No. 12.]
[September 2, 1889.] Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
PART I.-Preliminary. 1. The short title of this Act is “ The Patents, Designs, and Trade-Marks Act, 1889."
It shall come into operation on the 1st day of January, in the year 1890.
2. In this Act, unless the context otherwise requires
"British possession ” means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man ; and all territories and places under one Legislature, as hereinafter defined, are deemed to be one British possession for the purposes of
"Copyright” means the exclusive right to apply a design to any article of manufacture or to any artificial or natural, or partly artificial and partly natural, substance in the class or classes in which the design is registered ;
“ Court” means the Supreme Court of New Zealand ;
" Court of summary jurisdiction” means any two or more Justices of the Peace, or a Resident Magistrate acting under “ The Justices of the Peace Act, 1882 ;” and “summary conviction” means a conviction under that Act;
“ Design " means any design applicable to any article of manufacture, or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any
Section repealed by Act No. 18 of 1889, page 319.
other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for a sculpture, or other thing within the protection of "The Sculpture Copyright Act, 1814" (54 Geo. III cap. 56), or other Act in substitution thereof for the time being in force in New Zealand;
“Invention" means any manner of new manufacture the subject of Letters Patent and grant of privilege within section 6 of the Statute of Monopolies (that is, the Act of the twenty-first year of the reign of King James I, cap. 3, intituled “An Act concerning Monopolies and Dispensations with Penal Laws and the Forfeiture thereof”), and includes an alleged invention ;
“ Legislature” includes any person or persons who exercise legislative authority in the British possession, and, where there are local Legislatures as well as a central Legislature, means the central Legislature only;
“ Patent” means Letters Patent for an invention;
“Patentee” means the person for the time being entitled to the benefit of a patent;
“ Prescribed ” means prescribed by any of the Schedules to this Act, or by general rules under or within the meaning of this Act;
“Registrar” means the Registrar of Patents, Designs, and Trade-Marks ;
“ Trade-mark” means a trade-mark registered in the register of trade-marks kept under this Act, and includes any trade-mark which, either with or without registration, is protected by law in any British possession or foreign State to which the provisions of section 103 of the act of the Imperial Parliament shortly intituled “ The Patents, Designs, and Trade-marks Act, 1883,"* are, under Her Majesty's Order in Council, for the time being applicable :
“True and first inventor” means the person who is the actual inventor of an invention, or his nominee or assignee, but does not include the unauthorized importer of an invention from any place outside the colony:
“ United Kingdom" includes the Channel Islands and the Isle of Man.
3.-(1.) The Governor may from time to time appoint such person as he thinks fit to be Registrar of Patents, Designs, and Trade-Marks, and in like manner may appoint a place to be the “Patent Office.”
(2.) The person who, at the commencement of this Act, holds the office of Patent Officer under the Acts hereby repealed shall be and act as Registrar of Patents, Designs, and Trade-Marks under this Act.
* Vol. LXXIV, page 211.
(3.) The place at the commencement of this Act used as the Patent Office shall be deemed to have been appointed under this det.
4.-(1.) The Governor may at any time appoint a fit and proper person to be Deputy-Registrar, to act in case of the death, illness, or absence of the Registrar, and such deputy shall, during the time he shall so act, have all the powers and privileges, and shall perform all the duties and be subject to the responsibilities of the Registrar.
(2.) Whenever the Registrar shall die, the Deputy-Registrar skall act as such from the day of such death, and, in the case of illness or absence, shall act as such from such day as the Registrar shall certify under his hand to the Deputy-Registrar that he is ill and unable to perform his duties, or that he is about to be absent; and such Deputy-Registrar shall cease to act as such on the day on which he shall receive from the Registrar a certificate under his hand to the effect that he has resumed his duties.
5. The Governor from time to time may, for all such purposes as he may deem necessary, appoint local Patent Offices and Patent Ofice Agents in such places as he shall think fit, and may alter or revoke the appointment of such offices and agents respectively.
All appointments of local Patent Offices and Patent Office Agents made under any Act bereby repealed, and subsisting at the time of the commencement of this Act, shall be deemed to be made under this Act.
Such agents shall not demand or receive from any applicant for a patent, or from any one on his behalf, auy fees or charges whatever other than such as are from time to time payable under this Act.
Application for and Grant of Patent. 6—(1.) Any person, whether a British subject or not, may make an application for a patent.
(2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly.
(3.) A patent may also be granted to several persons jointly, some or one of whom only are or is the true and first inventors or
7:-(1.) If a person possessed of an invention dies without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, his legal (2.
) Every such application must be made within six months of (1892-93. Lxxxv.]
the decease of such person, and must contain a declaration by the legal representative that be believes such person to have been the true and first inventor of the invention.
8. (1.) An application for a patent must be made in the form set forth in the First Schedule to this Act, or to the like effect, and must be left at, or sent by post to, the Patent Office, or left at a local Patent Office.
(2.) An application must contain a declaration attested by a witness to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent, and must be accompanied by either a provisional or complete specification, in the form in the First Schedule to this Act, or to the like effect, written in a plain legible hand, or printed in fair legible type upon parchment or paper, and signed by the applicant.
(3.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required.
(4.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required, or a reference to the drawings, if any, which accompanied the provisional specification. A copy of the complete specification, and of the drawings accompanying it or referred to in it, shall be deposited in the Patent Office at the same time and together with the complete specification.
(5.) A specification, whether provisional or complete, must commence with the title, must be limited to one invention, and, in the case of a complete specification, must end with a distinct statement of the invention claimed.
(6.) If such application be made at any local Patent Office, the Patent Office Agent shall give to the applicant or his agent a receipt therefor in the form set forth in the First Schedule or to the like effect, and sball forthwith transmit the documents and a copy of his receipt to the Patent Office.
9. The Registrar shall examine every application in priority according to the time at which it was received at the Patent Office, in order to ascertain whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject matter of the invention.
(1.) If he finds that the nature of the invention is not fairly described, or that the application, specification or drawings has not or have not been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject matter of the invention, he