SCHEDULES. FIRST SCHEDULE. Provisions of this Act not applied to Trade-Marks in Part B of Register. The Patents, Designs and Trade-Marks Act, 1911." 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.* .*] 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: 66 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. 66 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 are for the time being entitled to the benefit of patents for such inventions within the territory of Southern Rhodesia or to whom the right to apply for such patents has been granted by the persons for the time being entitled to the benefit of patents within the territory of Southern Rhodesia: Now, therefore, under and by virtue of the powers in me invested, I do hereby declare, proclaim and make known as follows: 1. This Proclamation may be cited for all purposes as "The Northern Rhodesia Patents Proclamation, 1921." 2. The provisions of The Patents and Designs Act, 1907,'* of the United Kingdom are hereby declared to be inapplicable to the territory. 3.-(1.) The Administrator shall cause a register of patents to be kept at Livingstone by the Registrar of the High Court (hereinafter referred to as "the Registrar "') wherein shall be entered the dates of applications for patents, the names and addresses of grantees of patents under this Proclamation, notifications of assignments and transfers, and of transmission of patents, of licences under patents, and of amendments, extensions, and revocations of patents, provided that there shall not be entered in the register any notice of any trust, express, implied or constructive. (2.) The register of patents shall at all convenient times be open to the inspection of the public on payment of the fee pre scribed in the Third Schedule hereto. (3.) Any person may, on payment of the fee prescribed in the Third Schedule hereto, obtain a certified copy or extract from the register of patents. (4.) The register of patents shall be prima facie evidence of any matters by this Proclamation directed or authorised to be inserted therein. (5.) Notice shall be given to the Registrar of any assignment, transmission, amendment or extension of a patent and of any licence granted under such patent and copies of all documents material thereto supplied to the Registrar. 4. (1.) Any person being registered in Southern Rhodesia in the register of patents provided for by "The Southern Rhodesia Patents Ordinance, 1904," or any amendment thereof as the person for the time being entitled to the benefit of a patent in respect of an invention, may, on production of the patent, together with a true copy thereof and on payment of the fee prescribed, be granted a patent in respect of such invention. (2.) Unless a patent in respect thereof has already been. granted under the provisions of the preceding sub-section, a patent may be granted in respect of an invention to any person to whom the right to apply for such patent has been * Vol. CI, page 23. assigned by the person registered in Southern Rhodesia in the register referred to in the preceding sub-section as the person for the time being entitled to the benefit of a patent in respect of such invention on production of the lastmentioned patent and of the assignment together with true copies thereof. (3.) A patent issued under the provisions of this section shall be drawn up as nearly as is material in the form given in the First Schedule hereto. 5. The grant of a patent under Section 4 hereof shall confer upon the grantee the exclusive right and privilege to make, use, exercise, and sell the invention in respect of which the same has been granted within the territory for his own benefit in such manner and for such period and under such conditions as is hereinafter provided. 6.-(1.) The term limited in every patent for the duration thereof shall be fourteen years from its date. (2.) But every patent shall, notwithstanding anything therein or in this Proclamation, cease if the patentee fails to make the payments prescribed in the Third Schedule hereto. within the prescribed time. (3.) If, nevertheless, in any case, by accident, mistake or inadvertence, a patentee fails to make any prescribed payment within the prescribed time, he may apply to the Registrar for an enlargement of time for making the payment. (4.) Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee for enlargement, enlarge the time accordingly for such period as he shall think just, subject only that if any proceeding shall be taken in respect of an infringement of the patent committed after a failure to make any payment within the prescribed time and before the enlargement thereof, the High Court may, if it shall think fit, refuse to award or give any damages in respect of such infringement. 7. If a patent has been lost or destroyed, or if it has been proved to the satisfaction of the Registrar that the document cannot be produced, a duplicate may be issued on a statutory declaration to that effect being made, after such publication in the Gazette and in such other newspaper as the Registrar may direct and on the payment of the fees prescribed by the Third Schedule hereto. 8. If on the petition of an interested party it is proved to the satisfaction of the Administrator that in consequence of the refusal of a patentee to grant licences to use his invention on reasonable terms or (1.) The patent is not being made use of in the territory; |