same date as the date of the application in that country: provided that (a.) The application is made (in the case of a patent) within twelve months, and (in the case of a design or trademark) within six months, from the application for protection in that country; and (b.) Nothing in this section shall entitle the patentee or proprietor of the design or trade-mark to recover damages or an account of profits in respect of infringements happening prior to the actual date on which his complete specification is accepted or his design or trade-mark is registered in New Zealand. (2.) The patent granted for the invention or the registration of the design or trade-mark shall not be invalidated(a.) In the case of a patent, by reason only of the publication of a description of, or use of, the invention; or (b.) In the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design; or (c.) In the case of a trade mark, by reason only of the use of the trade-mark, in New Zealand during the period specified in this section as that within which the application may be made. (3.) 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— (a.) In the case of patents, the application shall be accompanied by a complete specification, which, if it is not accepted within the twelve months from the application for protection in the country aforesaid, shall (with the drawings, if any) be open to public inspection at the expiration of that period; and (b.) 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. (4.) This section applies to the following countries. only: (a.) The United Kingdom. (b.) Any country (whether a foreign State or a British possession) to which this section is declared to be applicable by an Order in Council made by the Governor-General under the authority hereinafter expressed, subject, however, to any restrictions or limitations imposed by that Order in Council. (c.) Any foreign State to which Section 31 of The Imperial Patents and Designs Act, 1907,'* is applicable for the time being by virtue of any Order in Council made by His Vol. CI, page 28. * Majesty, whether before or after the commencement of this Act, subject, however, to any restrictions or limitations imposed by that Order in Council in respect of the application of the said section. (5.) Where it is made to appear to the Governor-General that satisfactory provision has been made as between New Zealand and any foreign State or British possession for the mutual protection of inventions, designs or trade-marks, the Governor-General may, by Order in Council, declare that this section shall apply to that foreign State or British possession as from a date to be specified in the Order in Council, subject however, to such restrictions or limitations (if any) as the Governor-General thinks fit. (6.) The Governor-General may at any time, by Order in Council, declare that, as from a date to be specified in the Order, this section— (a.) Shall no longer apply to any country named in the Order. (b.) Shall in its application to that country be subject to the restrictions or limitations specified in the Order. (7.) Every Order in Council made by the GovernorGeneral under Section 129 of "The Patents, Designs and Trade-Marks Act, 1911," or the corresponding provisions of any former Act, and in force at the commencement of this Act, shall continue in force and shall operate as if made under this section, and this section shall apply accordingly to every country to which any such Order in Council relates subject, however, to any restrictions or limitations imposed by the Order. Repeals and Savings. 145. Nothing in this Act shall take away, abridge or prejudicially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof. 146.-(1.) The enactments mentioned in the Second Schedule hereto are hereby repealed. (2.) Except where otherwise expressly provided, this Act shall apply to patents granted, and applications for and specifications relating to patents made and deposited, and to designs and trade-marks registered. before as well as after the commencement of this Act. SCHEDULES. FIRST SCHEDULE. Provisions of this Act not applied to Trade-Marks in Part B of 1911, No. 17.-"The Patents, Designs and Trade-Marks Act, 1911." 1913, No. 49.-" The Patents, Designs and Trade-Marks Amendment Act, 1913." 1921, No. 5.--" The Finance Act, 1921": Sections 23, 24 and 25. ORDER IN COUNCIL of the Governor-General of New Zealand, terminating the reciprocal Customs Treaty made between the Government of New Zealand and the Governments of the Colony of the Cape of Good Hope, the Colony of Natal, the Orange River Colony, the Transvaal and Southern Rhodesia.-Wellington, July 3, 1922. At the Government House at Wellington, this 3rd day of July, 1922. PRESENT: HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL. IN pursuance and exercise of the powers and authorities conferred upon him by "The Customs Amendment Act, 1921," and of all other powers and authorities enabling him in this behalf, his Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice of the Executive Council of the said Dominion, doth hereby terminate the reciprocal Customs Treaty made between His Majesty's Government of New Zealand and His Majesty's Governments of the then South African Colonies and Territories following, that is to say, the Colony of the Cape of Good Hope, the Colony of Natal, the Orange River Colony, the Transvaal and Southern Rhodesia; and doth direct that this Order in Council shall come into force on and from the 1st day of August, 1922. F. D. THOMSON, Clerk of the Executive Council. ORDINANCE of the Government of the Colony and Protectorate of Nigeria to make provision with regard to Aliens. [No. 52.] (L.S.) HUGH CLIFFORD, November 28, 1922. [November 28, 1922.*1 BE it enacted by the Governor of the Colony and Protectorate of Nigeria, with the advice and consent of the Legislative Council so far as the provisions hereof relate to the Colony, as follows: 1. This ordinance may be cited as " The Aliens Ordinance, 1922." 2.-(1.) The Governor in Council may, if he thinks fit, in any of the cases hereinafter mentioned make an order (hereinafter referred to as "a deportation order ") requiring an alien to leave and to remain thereafter out of Nigeria. (2.) A deportation order may be made subject to any condition which the Governor in Council may think proper. 3. An alien with respect to whom a deportation order is made shall leave Nigeria in accordance with the order, and shall thereafter so long as the order is in force remain out of Nigeria. 4. An alien with respect to whom a deportation order is made, or a certificate is given by a Court with a view to the making of a deportation order, may be detained in such manner as may be directed by the Governor, and may be placed on a ship about to leave Nigeria, and shall be deemed · to be in legal custody whilst so detained, and until the ship finally leaves Nigeria. 5. The master of a ship about to call at any port outside Nigeria shall, if. so required by the Governor or by a superior police officer, receive an alien against whom a deportation * Date of commencement, November 30, 1922. order has been made and his dependants, if any, on board the ship, and afford him and them a passage to that port and proper accommodation and maintenance during the passage. 6. A deportation order may be made in either of the following cases: (a.) If it is certified to the Governor in Council by a Judge or Commissioner of the Supreme Court that an alien has been convicted by the Court of any offence punishable by imprisonment without the option of a fine and that the Court recommends that a deportation order should be made in his case either in addition to or in lieu of sentence; or (b.) If the Governor in Council deems it to be conducive to the public good to make a deportation order against any alien. 7.-(1.) Where any alien in whose case a Court has made a recommendation for deportation has appealed against his conviction in accordance with the provisions of Part IX of "The Criminal Procedure Ordinance, 1914," and the Appeal Court certifies to the Governor in Council that it does not concur in the recommendation, such recommendation shall be of no effect. (2.) Where a Commissioner of the Supreme Court has made a recommendation for the deportation of any alien, and such alien has not appealed against his conviction, the Commissioner shall at the expiration of four days after the conviction forward to the Chief Justice the minutes and notes of evidence taken in the case, and such recommendation shall be of no effect unless the Chief Justice certifies to the Governor in Council that he concurs in the recommendation. (3.) Nothing in this section contained shall prejudice the power of the Governor in Council to make an order of deportation under the provisions of paragraph (b) of Section 6. 8. Where a deportation order is made in the case of any alien, the Governor may, if he thinks fit, apply any money or property of the alien in payment of the whole or any part of the expenses of or incidental to the voyage from Nigeria and the maintenance until departure of the alien and his dependants (if any). PROCLAMATION by the High Commissioner for South [December 10, 1921.] WHEREAS it is expedient to make provision for the grant in the territory of patents for inventions to the persons who |