APRIL 1.] THE NEW ZEALAND GAZETTE. 1331

or offered for sale at [Name of town or place]. This is therefore to authorize and command you to seize the said alleged infringing copies of said work, and to bring them before [Specify the Court of summary jurisdiction before which the said alleged infringing copies are to be brought].

Given under my hand at , in , the day of , 19 . Justice of the Peace.

[Form M.

NEW ZEALAND.

The Copyright Act, 1913.

SEARCH-WARRANT UNDER SECTION 16 (1) (b) OF THE ACT.

To Constable , and to all other Constables of .

WHEREAS I am satisfied by evidence that there is reasonable ground for believing that infringing copies of a [literary, dramatic, musical, or artistic, as the case requires] work, bearing the following title or description, viz. [Insert sufficient for identification purposes, the title, or a description of the literary, dramatic, musical, or artistic work], are to be found in [Describe the house, shop, or other place where the alleged infringing copies are believed to be, and the town or place in which it is situated].

This is therefore to authorize and command you to search, between sunrise and sunset, the said [house, shop, or place, as the case requires], and to seize the said alleged infringing copies of the said [literary, dramatic, musical, or artistic, as the case requires] work, or any copies reasonably suspected to be infringing copies of said work found by you therein, and to bring them before [Insert the Court of summary jurisdiction before which the said alleged infringing copies are to be brought].

Given under my hand at , in , the day of , 19 . Justice of the Peace.

[Form N.

NEW ZEALAND.

The Copyright Act, 1913.

NOTICE UNDER SECTION 17 OF THE ACT FORBIDDING THE PERFORMANCE OF A MUSICAL OR DRAMATIC WORK.

To [Name, description, and address of the person to whom notice is given].

I HEREBY give you notice that [Name, description, and address of the owner of the sole right to perform] am [is] the registered owner of the sole right to perform in New Zealand a [musical or dramatic, as the case requires] work entitled [Title of the musical or dramatic work], which right was registered in the Copyright Office on the day of , 19 , and that I have reasonable ground to believe that you are about to perform or take part in the performance of the said work at [Place where performance is believed to be about to take place] in infringement of the said sole right to perform.

I now give you notice, in accordance with section 17 of the Copyright Act, 1913 (a copy of which section is endorsed on this notice), that I forbid the performance in public of the said work in infringement of the said sole right to perform, and that I require you to refrain from performing or taking part in the performance in public of the said work in infringement of the said sole right to perform at [Place where performance is believed to be about to take place] or at any other place in New Zealand.

Dated the day of , 19 . [Signature.]*

• To be signed by the owner of the sole right to perform or his agent. If signed by the agent the words “Agent of the owner of the sole right to perform appointed in writing” are to be added.

NOTE.—A copy of section 17 must be endorsed on this notice.

J. F. ANDREWS,
Clerk of the Executive Council

Regulations relating to the Importation into New Zealand of Copies of Books infringing Copyright.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of March, 1914.

Present:

THE HONOURABLE W. FRASER PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred on him by section twenty-one of the Copyright Act, 1913 (hereinafter referred to as “the said Act”), His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of the said section; and doth hereby declare that the said regulations shall come into force on the date of the publication of this Order in Council in the Gazette.

REGULATIONS.

1. (1.) THE notice in writing to be given to the Minister of Customs under section 21 of the said Act by the owner, or by the agent of the owner, of the copyright in any book or other printed work in which copyright subsists, shall be in the form No. 1 in the Schedule hereto, or as near thereto as circumstances permit.

(2.) The notice in writing to be given to the Minister under the said section 21 by the owner, or by the agent of the owner, of the copyright in any work (other than a book or other printed work) in which the copyright subsists, may be either a general notice in the form No. 2 in the Schedule hereto or as near thereto as circumstances permit, or a special notice in the form No. 3 in the said Schedule (relating to a particular importation).

(3.) All notices (relating to infringing copies of works in which copyright subsists) given to the Commissioners of Customs and Excise of the United Kingdom prior to the commencement of the said Act, and communicated by them to the Minister of Customs, shall be deemed to have been given by the owner to the Minister of Customs pursuant to section 21 of the said Act.

2. Every notice given in pursuance of these regulations in the form No. 1 or No. 2 in the Schedule hereto shall be accompanied by a statutory declaration in the form No. 4 in the same Schedule.

3. Before any article which appears or is alleged to be a copy of a work to which a notice applies is detained, or any further proceedings with a view to the forfeiture thereof are taken, the person who signed the notice (whether as owner or agent) shall, if required so to do, give to the said Minister in writing such further information and evidence, verified, if so required, by a statutory declaration, as he considers necessary to satisfy him that the article in question is liable to detention or forfeiture.

4. In the case of the detention of any goods in consequence of a notice in the form No. 3, given to the said Minister, the person who signed the notice (whether as owner or agent) must, if so required, deposit with the Collector of Customs or other Chief Officer of Customs at the port or place of detention a sum of money sufficient in the opinion of that officer to cover any expense which may be incurred in the examination required by reason of his notice of the goods detained; and if, upon the examination of the goods, the said Collector or other chief officer is satisfied that there is no ground for their detention they may be delivered.

5. (1.) If any goods are placed under detention in consequence of any notice given in pursuance of these regulations the Minister may require the person who signed the notice to give to the Collector of Customs such bond or other security as he deems sufficient to reimburse the Minister for all expenses and damages that may be incurred in respect of the detention, and in respect of any proceedings that may arise from such detention.

(2.) The bond or other security as aforesaid may be either general or special, and shall be executed prior to the detention of any goods in respect of which notice has been given.

6. In these regulations,—

“Book or other printed work” means every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart, or table separately published.

SCHEDULE.

Form No. 1.

Notice relating to Copyright Books and other Printed Works.

To the Minister of Customs.

I, , of , hereby give you notice that copyright in the original work [or works] mentioned in the Schedule hereto now subsists under the Copyright Act, 1913, and that [If notice is given by the owner insert “I am,” if given by an agent insert name of owner and the word “is”] the owner of the copyright in the said work [or works], and that [“I am” or “he is”] desirous that copies of the said work [or works] printed or reprinted out of New Zealand shall not be imported into the said New Zealand.

Dated at , this day of , 19 .

Signature [If an agent insert “Agent of owner”].

SCHEDULE.

Title of book [The notice may apply to a number of books or printed works, in which case the particulars in the Schedule must be given in respect to each book or printed work].

Description of printed work if not a book.

Full name of author or authors.

Whether author or authors alive; if not, date of death.