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Arbitration Ordinance, 1890,' or any Statutory modification thereof."

12. No part of this Ordinance shall come into operation until such date as shall be fixed in that behalf by the Governor in Council; and it shall be lawful for the Governor in Council from time to time to fix the date at which any part or parts thereof shall come into operation:

Provided always that no part thereof shall come into operation until notice thereof shall have been given in the Gazette at least one month before the date so fixed.

ACT of the Government of Newfoundland, to continue for a further period "The Newfoundland French Treaties' Act."* [Cap. 1.] [Passed February 20, 1900.]

WHEREAS the Act passed in the fifty-fourth year of the reign of Her present Majesty, Chapter 16, entitled "The Newfoundland French Treaties Act," was temporary in its nature and expired on the 31st day of December last;

And whereas it is expedient to provide for the continuance of the said Act for a further period:

Be it therefore enacted by the Governor, the Legislative Council and House of Assembly, in Legislative Session convened, as follows:

:

1. The Act passed in the fifty-fourth year of the reign of Her present Majesty, Chapter 16, entitled "The Newfoundland French Treaties Act," and every clause, matter, and thing therein contained, shall be and be held to have been continued in force from the 31st day of December, in the year 1899, until the 31st day of December, in the year 1900, and no longer.

ACT of the Government of Newfoundland, to confer certain rights on Aliens.

[Cap. 7.]

[Passed May 4, 1900.]

BE it enacted by the Administrator of the Government, the Legislative Council, and House of Assembly, in Legislative Session convened, as follows:

1. Notwithstanding any law to the contrary, lands and chattels, real and personal, of every description, may, in this Colony be taken,

* Vol. LXXXIII, page 154.

acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject; and a title to chattels, real and personal, of every description, may be derived through, from or in succession to an alien in the same manner in all respects as through, from or in succession to a natural-born British subject: Provided that this section shall not qualify an alien for an office, or for any municipal, parliamentary, or other franchise, nor entitle him to be the owner or part owner of any British ship, nor to any right or privilege, except such rights and privileges in respect of property as are hereby expressly given him.

ACT of the Government of Natal, to provide for the Registration of Designs.

[No. 19.]

[August 28, 1899.]

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Natal, as follows:

Definitions.

"Registrar" means Registrar of Deeds for the Colony.

"Design," in and for the purposes of this Act 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 ornamentation thereof, or for any two or more such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, pressing or stamping, staining, or any other means whatever, manual, mechanical, separate or combined, not being a design for sculpture.

"Copyright" means the exclusive right to apply a design to any article of manufacture, or to any such substance as aforesaid in the class or classes in which the design is registered.

"Proprietor" means the author of any new or original design unless he executed the work on behalf of another person for a good or valuable consideration, in which case such person shall be considered the proprietor; and every person acquiring for a good or valuable consideration a new and original design, or the right to apply the same to any such article or substance as aforesaid, either exclusively of any other person or otherwise, and also every person on whom the property in such design or such right to the application

thereof shall devolve, shall be considered the proprietor of the design in the respect in which the same may have been so acquired and to that extent, but not otherwise.

Register of Designs.

1. A register of designs as defined by this Act, and of the proprietors thereof, shall be established and kept by the Registrar, and from and after the date of the promulgation of this Act a person shall not be entitled to institute any proceedings to prevent or to recover damages for the infringement of any design as defined by this Act until and unless such design is registered in pursuance of this Act.

2. The register of designs shall be prima facie evidence of any matters by this Act directed or authorized to be entered therein.

3. There shall not be entered in any register kept under this Act, or be receivable by the Registrar, any notice of any trust expressed, implied or constructive.

4. Every register kept under this Act shall at all convenient times be open to the inspection of the public subject to the provisions of this Act, and to such regulations as may be prescribed, and copies certified by the Registrar of any entry in such register shall be given to any person requiring the same on payment of the prescribed fee.

5. Printed or written copies or extracts purporting to be certified by the Registrar of, or from, any documents, register, or other books kept in the Deeds Registry Office under the provisions of this Act, shall be admitted in evidence in all Courts and in all proceedings without further proof or production of the originals.

6. The Supreme Court may, on the application of any person aggrieved by the omission without sufficient cause of the name of any person from any register kept under this Act, or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry as the Court thinks fit; or the Court may refuse the application, and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit.

7. The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact either upon pleadings or in such other manner as the Court may think fit, and may award damages to the party aggrieved.

8. Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Registrar.

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9. A certificate purporting to be under the hand of the Registrar as to any entry, matter, or thing which he is authorized by this Act, or any rules and regulations made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, for the matter or thing having been done or left undone.

Registration of Designs.

10. The Registrar may, on application by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in this Colony, register the design under this Act, and shall grant a certificate of registration to the proprietor of the design when registered.

11. The same design may be registered in more than one class. 12. The Registrar may, if he think fit, refuse to register any design presented to him for registration; but any person aggrieved by such refusal may appeal therefrom to the Supreme Court, and due notice thereof shall be given to the Registrar. The said Court may make an order determining whether and subject to what conditions, if any, registration is to be permitted.

Copyright in Registered Designs.

13. When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.

14. Before delivery or sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished on the application for registration) furnish to the Registrar the prescribed number of exact representations or specimens of the design; and if he fail to do so, the said Registrar may erase his name from the register, and thereupon his copyright in the design shall cease.

15. Before delivery or sale of any articles to which a registered design has been applied, the proprietor of the design shall cause such article to be marked with the prescribed mark or with the prescribed word or words denoting that the design is registered, and if he fail to do so, the copyright in the design shall cease, unless the proprietor shall show that he took all proper steps to insure the marking of the article.

16. During the existence of copyright in a design the design shall not be open to inspection except by the proprietor or a person authorized by the Attorney-General or by the Supreme Court and furnishing such information as may enable the Registrar to identify

the design, nor except in the presence of the Registrar, nor except on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design or of any part thereof: Provided that where registration of a design is refused on the ground of identity with a design already registered the applicant for registration shall be entitled to inspect the design so registered.

17. When the copyright in a design has ceased the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee.

18. On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the Registrar to identify the design, and on payment of the prescribed fee, it shall be the duty of the Registrar to inform such person whether the registration still exists in respect of such design, and if so, in respect of what class or classes of goods, and stating also the date of registration and the name and address of the registered proprietor.

19. If a registered design is used in manufacture elsewhere than in this Colony, and is not used in this Colony within six months of its registration in this Colony, the copyright in the design shall

cease.

20. Where a person becomes entitled by assignment, transmission, or other operation of law to the copyright in a registered design, the Registrar shall, on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the copyright in the design in the register of designs as the case may be. The person for the time being entered in the register of designs as proprietor of a copyright in a design shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to or otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, licence, or dealing.

Fees.

21. There shall be paid in respect of applications and registrations, and other matters under this Act, the fees set forth in the Schedule to this Act, and such fees shall be paid in stamps.

Rules.

22. The Registrar may, from time to time, with the consent of the Governor, make, and when made alter, annul, or vary such general rules as to the registry of designs and as to the classification

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