1976

THE NEW ZEALAND GAZETTE.

[No. 88

thority aforesaid, the provisions of the hereinbefore-recited Order in Council of the 28th day of November, 1887, have been extended to the last-mentioned foreign countries respectively, and the last-mentioned foreign countries, together with the foreign countries comprised in the said Order in Council of the 28th day of November, 1887, now constitute the foreign countries of the Copyright Union within the meaning of the said Order in Council:

And whereas an Additional Act to the said Berne Convention was agreed upon between Her Majesty and the following foreign countries for the purpose of varying the provisions of the said Berne Convention—namely, Germany, Italy, Switzerland, Belgium, Luxembourg, and Spain, Monaco, Tunis, France, Montenegro—and the ratifications of the said Additional Act were, on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries:

And whereas, by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore-recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said Additional Act throughout Her Majesty’s dominions, so far as regards the foreign countries hereinbefore named as parties to the said Additional Act; and an English translation of the said Additional Act is set forth in the Schedule to the Order in Council now in recital:

And whereas, the Republic of Hayti having duly acceded to the said Additional Act, the said Order in Council of the 7th day of March, 1898, was, by Order in Council of the 19th day of May, 1898, extended to the said Republic:

And whereas it has been intimated to Her Majesty’s Government that the Government of the Empire of Japan have notified the accession of that country to the said Berne Convention and Additional Act, to take effect from the 15th day of July, 1899:

And whereas Her Majesty in Council is satisfied that the said Empire of Japan has made such provisions as it appears to Her Majesty expedient to require for the protection of authors of works first produced in Her Majesty’s dominions:

Now, therefore, Her Majesty, by and with the advice of her Privy Council, and by virtue of the authority committed to her by the said Acts, doth order, and it is hereby ordered, as follows:—

1. From and after the commencement of this Order the hereinbefore-recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall extend to the said Empire of Japan.

2. This Order shall come into operation on the 15th day of July, 1899, which date is hereinbefore referred to as the commencement of this Order.

3. And the Lords Commissioners of Her Majesty’s Treasury are to give the necessary orders herein accordingly.

A. W. FITZROY.

At the Court at Osborne House, Isle of Wight, the 8th day of August, 1899.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
LORD CHANCELLOR, LORD PRESIDENT, LORD JAMES OF HENFORD,
SIR FLEETWOOD EDWARDS.

WHEREAS on the 9th day of September, 1886, a Convention (hereinafter called the Berne Convention) with respect to the protection to be given by way of copyright to the authors of literary and artistic works was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and certain foreign countries therein named, and on the 5th day of September, 1887, the ratifications of the said Convention were duly exchanged between Her Majesty and the said countries:

And whereas by an Order in Council dated the 28th day of November, 1887, and made under the authority committed to Her Majesty by the International Copyright Acts, 1844 to 1886, Her Majesty was pleased to make provision for giving rights of copyright throughout Her Majesty’s dominions to the authors of literary and artistic works first produced in any of the said foreign countries, and otherwise giving effect throughout Her Majesty’s dominions to the terms of the said Berne Convention, and an English translation of the said Convention was set out in the First Schedule to the Order in Council now in recital:

And whereas, since the date of the said Order in Council hereinbefore recited, the Principality of Montenegro acceded to the said Berne Convention, and by an Order in Council dated the 16th day of May, 1893, the provisions of the said Order in Council of the 28th day of November, 1887, were extended to the said Principality:

And whereas an Additional Act to the said Berne Convention was agreed upon between Her Majesty and certain foreign countries (including Montenegro) for the purposes of varying the provisions of the said Berne Convention, and the ratifications of the said Additional Act were, on the 9th day of September, 1897, exchanged between Her Majesty and the said foreign countries parties thereto:

And whereas by an Order in Council dated the 7th day of March, 1898, and made under the authority aforesaid, Her Majesty was pleased to make provision for varying the hereinbefore-recited Order in Council of the 28th day of November, 1887, and otherwise giving effect to the said Additional Act throughout Her Majesty’s dominions so far as regards the foreign countries parties thereto (including Montenegro), and an English translation of the said Additional Act is set forth in the Schedule to the Order in Council now in recital:

And whereas by the said Berne Convention and the said Additional Act it is provided that the said Convention shall remain in effect until the termination of a year from the day on which it may have been denounced, and that such denunciation shall be made to the Government of the Swiss Confederation, and shall only be effective as regards the country making it, the said Convention remaining in full force and effect for the other countries parties thereto:

And whereas Her Majesty’s Government have been informed that the Government of Montenegro did, on the 1st day of April, 1899, denounce the said Berne Convention to the Government of the Swiss Confederation, in accordance with the terms of the said Convention and Additional Act:

Now, therefore, Her Majesty, by and with the advice of her Privy Council, and by virtue of the authority committed to her by the International Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered, as follows:—

1. The hereinbefore-recited Order in Council of the 16th day of May, 1893, is hereby revoked as from the commencement of this Order, and the provisions of the hereinbefore-recited Orders in Council of the 28th day of November, 1887, and the 7th day of March, 1898, shall, as from the commencement of this Order, cease to apply to the Principality of Montenegro.

2. Nothing contained in this Order shall prejudicially affect any right acquired or accrued before the commencement of this Order by virtue of the said Orders in Council of the 28th day of November, 1887, the 16th day of May, 1893, and the 7th day of March, 1898, or otherwise, and any person entitled to such right shall continue entitled thereto and to the remedies for the same in like manner as if this Order had not been made.

3. This Order shall come into operation on the 1st day of April, 1900, which date is hereinbefore referred to as the commencement of this Order.

And the Lords Commissioners of Her Majesty’s Treasury are to give the necessary orders herein accordingly.

A. W. FITZROY.

Despatch.—Orders in Council of the 28th November, 1887, and the 7th March, 1898 (International Copyright), to cease from 1st April, 1900, to apply to the Principality of Montenegro.

Colonial Secretary’s Office,
Wellington, 18th October, 1899.

THE following despatch, received from Her Majesty’s Principal Secretary of State for the Colonies, is published for general information.

J. CARROLL.

(Circular.) Downing Street, 25th August, 1899.

SIR,—With reference to my circular despatch of 31st May last, informing you that the Principality of Montenegro had given notice of withdrawal from the International Copyright Convention of the 9th September, 1886, as from 1st April, 1900, I have the honour to transmit to you, for information and publication in the Colony under your government, copies of an Order of Her Majesty in Council dated the 8th August, 1899, revoking, as from 1st April, 1900, the Order in Council of 16th May, 1893, which extended to the Principality of Montenegro the provisions of the Order in Council of the 28th November, 1887, giving effect to the terms of the Berne Convention, and providing that the latter Order and the Order in Council of the 7th March, 1898, giving effect to the Additional Act of Paris modifying that Convention, shall cease to apply to that Principality from the same date.

I have, &c.,
J. CHAMBERLAIN.

The Officer administering the Government
of New Zealand,