the person in whose possession the same were found, be forfeited.

8 "The Customs Law Act, 1908," is hereby incorporated with this Act.

9. The Governor may from time to time make such regulations for carrying the foregoing provisions of this Act into effect as he thinks fit.

As to Opium generally.

10.-(1.) Without in any way limiting the foregoing provisions of this Act, it is hereby enacted that it is unlawful to import into New Zealand opium in any form except

(a.) In ships of at least 40 tons register; and

(b.) In whole and complete packages, each containing not less than 45 lb. net weight, and not containing any other goods; and (c.) Into such ports as are approved by the Governor for the importation and warehousing of opium.

(2.) Opium imported in breach of this section shall be forfeited and dealt with in the manner provided by "The Customs Law Act, 1908," in the case of goods prohibited to be imported.

SCHEDULE.

Enactments Consolidated.

1882, No. 55.-"The Customs Laws Consolidation Act, 1882": Section 66, so far as applicable.

1901, No. 26.

"The Opium Prohibition Act, 1901."*

1902, No. 15 -" The Opium Prohibition Act Amendment Act, 1902.”† 1906, No. 3. -"The Opium Prohibition Act Amendment Act, 1906."↑

ACT of the Government of New Zealand to Prohibit the Importation, Manufacture, and Sale of Matches made with White Phosphorus.

[No. 4.]

[September 17, 1910.]

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Phosphorus Matches Act, 1910"; and shall, except as otherwise expressly provided, come into operation on the 1st day of January, 1912.

+ Vol. XCV, page 336.

* Vol. XCV, page 335.

Vol. XCIX, page 790.

2. For the purposes of this Act

"Factory" and "occupier" have the same meanings as are attached to those terms by "The Factories Act, 1908":

"White phosphorus" means the substance usually known as white or yellow phosphorus.

3. It shall not be lawful to import into New Zealand matches made with white phosphorus; and matches so made shall be included among the goods enumerated and described in the Third Schedule to "The Customs Law Act, 1908."

4.-(1.) Every occupier of a factory is liable on summary conviction to a fine of 1007. who uses, or permits the use of, white phosphorus in the manufacture of matches in that factory.

(2.) The occupier of any factory in which the manufacture of matches is carried on shall allow an inspector under "The Factories Act, 1908," at any time to take for analysis sufficient samples of any material in use or mixed for use, and if he refuses to do so shall be guilty of obstructing the inspector in the execution of his duties under that Act.

5. It shall not be lawful for any person to sell, or to offer or expose for sale, or to have in his possession for the purposes of sale, any matches made with white phosphorus; and if any person contravenes the provisions of this section he may, on complaint to a magistrate, be ordered to forfeit any such matches in his possession, and any matches so forfeited shall be destroyed or otherwise dealt with as the magistrate thinks fit: but this provision shall not come into operation until the 1st day of January, 1913.

ACT of the Government of New Zealand to amend The Immigration Restriction Act, 1908."*

[No. 16.]

[October 25, 1910.]

Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Immigration Restriction Amendment Act, 1910," and shall form part of and be read together with "The Immigration Restriction Act, 1908" (hereinafter referred to as the principal Act).

2. Section 12 of the principal Act is hereby amended by adding at the end thereof the words "nor to any person domiciled in New Zealand."

3. The provisions of section 13 of the principal Act may, at the discretion of the Minister, be applied to any person coming within either Part I or Part III of that Act, subject in the case of each person to such conditions as the Minister thinks fit.

* Vol CI, page 823.

4. (1.) Section 14 of the principal Act is hereby amended by omitting all the words in paragraph (a) after the word "application" down to and inclusive of the word "directs," and substituting the words "in such one of the prescribed forms as the said officer thinks fit."

(2.) The form numbered (2) in the Second Schedule to the principal Act is hereby repealed.

5.-(1.) The Governor may from time to time, by Order in Council gazetted, make regulations prescribing the conditions on which any person may be granted a certificate, in the prescribed form and signed by the prescribed officer, permitting him to land in New Zealand without complying with the provisions of the principal Act.

(2.) With respect to every person who lands in New Zealand under any such regulations, the provisions of the principal Act shall not apply so long as he faithfully observes the conditions prescribed by those regulations or such of them as are applicable to him; but if he does not so observe the prescribed conditions he shall be deemed to have unlawfully landed in New Zealand.

6. Any Chinese who lands in New Zealand in breach of Part III of the principal Act shall, in addition to any penalties incurred by such breach, be liable to be removed from New Zealand; and the master, owner, or charterer of the ship from which that Chinese lands shall jointly and severally be liable to defray the expenses incurred by the Government in so removing him, and in detaining and maintaining him in New Zealand pending such removal.

7. Notwithstanding anything in section 28 of the principal Act, paragraphs (b), (e), and (d) of section 14 of the principai Act shall, mutatis mutandis, extend and apply to Chinese, and sections 18 to 24 of that Act shall extend and apply to Chinese coming within those paragraphs.

8. Section 29 of the principal Act is hereby amended by adding thereto the following proviso:

"Provided that this section shall not apply in the case of any Chinese so carried in excess who is the bona fide holder of a through ticket to some place beyond New Zealand.".

ACT of the Government of New Zealand to amend "The Opium Act, 1908."*

[No. 30.]

[November 21, 1910.]

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

* Page 496.

1. This Act may be cited as "The Opium Amendment Act, 1910," and shall form part of and be read together with "The Opium Act, 1908" (hereinafter referred to as the principal Act).

2. The Governor may from time to time, by Order in Council gazetted, declare any article or preparation containing opium to be opium which, though not suitable for smoking, may yet be made suitable; and the provisions of sections 3, 4, and 5 of the principal Act shall apply to any such article or preparation accordingly.

3.--(1.) Section 4 of the principal Act is hereby amended by inserting after sub-section 2 the following sub-sections:

:

"(2A.) It shall not be lawful for any person to sell any preparation of opium which may be made suitable for smoking in any larger quantity than is prescribed by regulations.

"(2 B.) It shall not be lawful for any person to sell to any person of the Chinese race any preparation of opium which may be made suitable for smoking, except on the order in writing of a medical practitioner or such other person as may be authorized by the Minister of Customs."

2. Sub-section 1 of the said section 4 is hereby amended by omitting paragraph (b) and substituting the following:

"(b.) Such particulars as are prescribed by regulations." 4.-(1.) In any proceedings under the principal Act against any person in which it is proved that he had in his possession opium or any preparation of opium which is or may be made suitable for smoking, the onus of proof that he came into possession thereof in a manner not prohibited by the principal Act shall lie on the defendant.

(2.) In any such proceedings it shall not be necessary to prove that the opium or preparation thereof was imported into New Zealand since the coming into operation of the principal Act or of "The Opium Prohibition Act, 1901."*

5. It shall not be lawful for any person who has been convicted of an offence against the principal Act to sell or otherwise dispose of opium or any preparation of opium which is or may be made suitable for smoking, and if such person is the holder of a permit under section 3 of the principal Act his permit shall ipso facto be cancelled:

Provided that the Minister of Customs may, on the recommendation of the convicting Court, renew the permit in the case of the conviction of the holder of a permit, or remove the disability in the case of the conviction of any other person, for an offence against section 4 of the principal Act, and in that case it shall be lawful for the holder of such renewed permit or other person to sell or otherwise dispose of opium or any preparation thereof in accordance with the principal Act.

6. Every person who commits a breach of any of the provisions of the principal Act or this Act, or of any regulations

* Vol. XCV, page 335.

thereunder, is liable, if no other penalty is prescribed, to a fine not exceeding 107.

7. Section 10 of the principal Act is hereby repealed.

ACT of the Government of New Zealand to make better Provision for the Grant of Patents and for the Registration of Designs and of Trade-marks.

[No. 17.]

[October 28, 1911.]

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as "The Patents, Designs, and Trade-marks Act, 1911," and shall come into operation on the 1st day of July, 1912.

2. In this Act, unless a contrary intention appears

"Article" means (as respects designs) any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural.

66

Copyright" means the exclusive right to apply a design to any article in any class in which the design is registered.

"Court" means the Supreme Court.

"Design" means any design (not being a design for a sculpture within the protection of "The Copyright Act, 1908") applicable to any article, 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 other means whatever, manual, mechanical, or chemical, separate or combined.

"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 21st year of the reign of King James I, c. 3, intituled "An Act concerning Monopolies and Dispensations with Penal Laws and the Forfeiture thereof "), and includes an alleged invention.

"Inventor" and "applicant," subject to the provisions of this Act, include the legal representative of a deceased inventor or applicant.

"Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof.

"Patent" means letters patent for an invention.

"Patentee" means the person for the time being entitled to the benefit of a patent.