✨ Treaty and Trade Mark Notices




Oct. 28.] THE NEW ZEALAND GAZETTE. 1409

The subjects and citizens of each of the two contracting
parties in the dominions and possessions of the other shall
have free access to the Courts of justice for the prosecution
and defence of their rights. They shall enjoy, in this
respect, the same rights and privileges as subjects or citizens
of the country, and shall, like them, be at liberty to em-
ploy, in all causes, their advocates, attorneys, or agents
from among the persons admitted to the exercise of those
professions, according to the laws of the country.

ARTICLE XX.

Any ship of war or merchant-vessel of either of the high
contracting parties which may be compelled by stress of
weather or by accident to take shelter in a port of the other
shall be at liberty to refit therein, to procure all necessary
stores, and to put to sea again, without paying any dues
other than such as would be payable in a similar case by a
national vessel. In case, however, the master of a merchant-
vessel should be under the necessity of disposing of a part
of his merchandise in order to defray his expenses, he shall
be bound to conform to the regulations and tariffs of the
place to which he may have come.

If any ship of war or merchant-vessel of one of the high
contracting parties should run aground or be wrecked upon
the coasts of the other, such ship or vessel, and all parts
thereof, and all furniture and appurtenances belonging there-
unto, and all goods and merchandise saved therefrom, in-
cluding any which may have been cast into the sea, or the
proceeds thereof, if sold, as well as all papers found on board
such stranded or wrecked ship or vessel, shall be given up to
their owners or their agents, when claimed by them from
the officers, British or Equatorian, as the case may be, who
are by the laws or Government of their respective countries
intrusted with the protection, preservation, and custody of
shipwrecked property; and if there are no such owners or
agents on the spot, then the same shall be delivered by the
above-named officers to the British or Equatorian Consul-
General, Consul, or Vice-Consul in whose district the wreck
or stranding may have taken place, upon being claimed by
him within the period fixed by the laws of the country; and
such Consuls, owners, or agents shall pay only the expenses
incurred in the preservation of the property, together with
the salvage or other expenses which would have been pay-
able in the like case of a wreck of a national vessel.

The goods and merchandise saved from the wreck shall
be exempt from all duties of Customs, unless cleared for
consumption, in which case they shall pay the same rate of
duty as if they had been imported in a national vessel.

In the case either of a vessel being driven in by stress of
water, run aground, or wrecked, the respective Consuls-
General, Consuls, Vice-Consuls, and Consular Agents shall,
if the owner or master, or other agent of the owner, is not
present, or is present and requires it, be authorized to inter-
pose, in order to afford the necessary assistance to their fel-
low-countrymen.

ARTICLE XXI.

The Consuls-General, Consuls, Vice-Consuls, and Consular
Agents of each of the high contracting parties residing in
the dominions and possessions of the other shall receive
from the local authorities such assistance as can by law be
given to them for the recovery of deserters from the merchant-
vessels of their respective countries.

ARTICLE XXII.

For the better security of commerce between the subjects
of Her Britannic Majesty and the citizens of the Republic of
the Equator, it is agreed that, if at any time any interrup-
tion of friendly intercourse or any rupture should unfortu-
nately take place between the two contracting parties, the
subjects or citizens of either of the two contracting parties re-
siding upon the coast shall be allowed six months, and those
residing in the interior a year, to wind up their accounts and
dispose of their property; and a safe-conduct shall be given
to them to embark at the port which they shall themselves
select. All subjects or citizens of either of the two contract-
ing parties who may be established in the dominions or
territories of the other, in the exercise of any trade or special
employment, shall have the privilege of remaining and con-
tinuing such trade or employment therein, without any
manner of interruption, in the full enjoyment of their liberty
and property, as long as they behave peaceably and commit
no offence against the laws; and their goods and effects, of
whatever description they may be, whether in their own cus-
tody or intrusted to individuals or to the State, shall not be
liable to seizure or sequestration, or to any other charges or
demands than those which may be made upon the like
effects or property belonging to native subjects or citizens.
In the same case, debts between individuals, public funds,
and the shares of companies shall never be confiscated,
sequestered, or detained.

ARTICLE XXIII.

The present Treaty of Commerce and Navigation, when
ratified, shall be substituted for the Treaty of Friendship,
Commerce, and Navigation concluded between the high
contracting parties at Quito on the 3rd day of May, 1851.
It shall remain in force for ten years from the date of the
exchange of the ratifications, and, further, until the expira-
tion of twelve months after either of the high contracting
parties shall have given notice to the other of its intention
to terminate the same, each of the high contracting parties
reserving to itself the right of giving such notice to the other
at the expiration of the first nine years, or at any time after-
wards.

ARTICLE XXIV.

The present treaty shall be ratified, and the ratifications
shall be exchanged at Quito in eight months from this date,
or sooner if possible.

In witness whereof the respective Plenipotentiaries have
signed the same, and have affixed thereto the seal of their
arms.

Done at Quito, the eighteenth day of October, in the year
of our Lord one thousand eight hundred and eighty.

(L.S.) FRED. DOUGLAS HAMILTON.
(L.S.) CORNELIO E. VERNAZA.

Protocol.

Having met in the Ministry for Foreign Affairs of Ecuador,
the undersigned, Christian William Lawrence, Esq., Her
Britannic Majesty's Minister Resident, and J. Modesto
Espinosa, Minister for Foreign Affairs, authorized by their
respective full powers, found in good and due form, in dis-
cussing the exchange of the ratifications of the Treaty of
Friendship, Commerce, and Navigation, signed in Quito on
the 18th of October, 1880, and approved by Her Britannic
Majesty and by the Congress of Ecuador, have agreed to the
present protocol:

  1. The stipulations of the aforesaid treaty shall be applica-
    able to all the colonies and foreign possessions of Her
    Britannic Majesty, with the exception of those hereinafter
    named, that is to say,--
    The Dominion of Canada,
    New South Wales,
    Victoria,
    Tasmania.

  2. A paper shall be drawn up in which, after comparing
    the English and Spanish texts, the errors which had been
    made in copying them shall be corrected.

In witness whereof the undersigned have signed the present
protocol, and have thereto affixed their seals.

Done at Quito, the seventeenth day of July, one thousand
eight hundred and eighty-five.

(L.S.) C. W. LAWRENCE.

Protocol.

On account of the disappearance from their respective
archives of the declaration signed on the 4th November, 1880,
for the better understanding of the Sixteenth Article of the
Treaty of Friendship and Commerce celebrated on the 18th
October of the same year, the undersigned, Plenipotentiaries
of Her Britannic Majesty and of Ecuador, having ascertained
the terms of said declaration from official notes and a duly-
authorized copy, agree to ratify it, reproducing it in the
following terms:--

"The Plenipotentiaries of Her Britannic Majesty and of
Ecuador declare that the usages, customs, and ceremonies
referred to in the third paragraph of the Sixteenth Article of
the treaty made by them must be understood as applying
solely to the interior of the cemeteries which British subjects
possess or may acquire, that is to say, that said ceremonies
shall not take place except within the walls of the Pantheons
or places of burial.

"CORNELIO E. VERNAZA.
"FEDERICO DOUGLAS HAMILTON."

In witness whereof the present protocol was signed in
Quito on the 21st day of July, 1885.

(L.S.) C. W. LAWRENCE.
(L.S.) J. MODESTO ESPINOSA.

Application for Registration of Seven Trade Marks.

Colonial Secretary's Office,
Wellington, 23rd October, 1886.

NOTICE is hereby given that LISTER HENRY, of 27,
Flinders Lane West, Melbourne, in the Colony of
Victoria, has applied, on behalf of JAMES COATS, ARCHIBALD
COATS, PETER COATS, JUN., DANIEL COATS, GEORGE COATS,
JAMES COATS, JUN., THOMAS GLEN COATS, GEORGE COATS,
JUN., WILLIAM ALLEN COATS, and ANDREW COATS, of the
Ferguslie Thread Works, Paisley, Scotland, trading as
"J. & P. Coats," Thread Manufacturers, to register,
under "The Trade Marks Act, 1866," the trade mark of
which the following is a description, viz. :--

Description of Trade Mark No. 1.

A circular chain, with an extra link pendant from the top
link, the whole being surrounded by a circular line, thus :--



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1886, No 56





✨ LLM interpretation of page content

🌏 Treaty of Friendship, Commerce, and Navigation (continued from previous page)

🌏 External Affairs & Territories
23 October 1886
Treaty, Commerce, Navigation, Duties, Tonnage, Harbour, Pilotage, Lighthouse, Quarantine, Most-Favoured Nation, Trade Marks, Consuls, Religious Freedom, Property Rights, Inheritance, Domiciliary Visits
  • FRED. DOUGLAS HAMILTON
  • CORNELIO E. VERNAZA
  • C. W. LAWRENCE
  • J. MODESTO ESPINOSA

🏭 Application for Registration of Trade Marks

🏭 Trade, Customs & Industry
23 October 1886
Trade Marks, Registration, J. & P. Coats, Thread Manufacturers
11 names identified
  • Henry Lister, Applied for trade marks
  • James Coats, Owner of J. & P. Coats
  • Archibald Coats, Owner of J. & P. Coats
  • Peter, Jun. Coats, Owner of J. & P. Coats
  • Daniel Coats, Owner of J. & P. Coats
  • George Coats, Owner of J. & P. Coats
  • James, Jun. Coats, Owner of J. & P. Coats
  • Thomas Glen Coats, Owner of J. & P. Coats
  • George, Jun. Coats, Owner of J. & P. Coats
  • William Allen Coats, Owner of J. & P. Coats
  • Andrew Coats, Owner of J. & P. Coats

  • Colonial Secretary's Office, Wellington