of the said Order might be applied by further Order to any Colonies or Foreign Possessions named in the said Clause on whose behalf notice to the effect indicated in Article 9 of the said Convention should be duly given:

And whereas the Colonies of Newfoundland, Natal, Victoria, Queensland, South Australia, Western Australia, and New Zealand, being some of the Colonies excepted from the operation of the said Order, have severally expressed a wish that the said Convention may be made applicable to them, and the notice required by Article 9 of the said Convention has been duly given on behalf of the abovenamed Colonies by Her Majesty's Representative at the Court of His Imperial and Royal Apostolic Majesty:

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, and of the proviso in Clause 5 of the said Order of the 30th day of April, 1894, and Article 9 of the said Convention, doth order, and it is hereby ordered, that the Provisions of the said Order of the 30th day of April, 1894, shall apply and the same are applied accordingly to the following Colonies, that is to say:-Newfoundland, Natal, Victoria, Queensland, South Australia, Western Australia, New Zealand.

This Order shall come into operation on and from the date hereof.

ORDER IN COUNCIL.

(Windsor, May 11, 1895.)

The text of this Order is the same as that of the foregoing Order in Council; it concerns only the British Possession of India.

UNITED STATES OF AMERICA

PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

(Washington, July 1, 1891.)

See the text under United States of America, p. 613.

FOREIGN JURISDICTION

THE CHINA, JAPAN AND COREA (PATENTS, &c.) ORDER IN COUNCIL, 1899.

(Osborne House, Isle of Wight, February 2, 1899)

Whereas by treaty grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in China, Japan, and Corea:

Now, therefore, Her Majesty, by virtue and in exercice of the powers in this behalf by The Foreign Jurisdiction Act, 1890 », and otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Any act which, if done in the United Kingdom or in a British possession, would be an offence against any of the following Statutes of the Imperial Parliament or Orders in Council, that is to say:The Merchandize Marks Act, 1887; » « the Patents, Designs, and Trade Marks Acts, 1883 to 1888 » ; any Act, Statute, or Order in Council for the time being in force relating to copyright or to inventions, designs, or trade-marks; or any Statute amending or substituted for any of the abovementioned Statutes; shall, if done by a British subject in China, Japan, or Corea, be an offence against this Order, whether such act is done in relation to any property or right of a British subject, or of a foreigner or otherwise:

Provided

(1.) That a copy of any such Statute or Order in Council shall be published in the public offices of the Consulates-General of Shanghae, Tôkiô, and Seoul respectively, and shall be there open for inspection by any person at all reasonable times: and a person shall not be punished under this Order for anything done before the expiration of one month after such publication, unless the person offending is proved to have had express notice of the Statute or Order;

(2.) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained without the consent, in writing, of Her Majesty's Minister or Chargé d'Affaires, who may withhold such consent, unless he is satisfied that effectual provision exists for the punishment, in Consular or other Courts in China, Japan, or Corea (as the case may be), of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject, in relation to or affecting the interests of British subjects.

2. An offence against this Order shall be punishable with imprisonment for any period not exceeding three months, or fine not exceeding £100, or both.

3. This Order may be cited as << The China, Japan, and Corea (Patents, &c.) Order in Council, 1899 ».

NOTA. Article XX of the Treaty of Commerce of 1894 between England and Japan, which provides for the cessation of British Consular Jurisdiction in the latter country, was given effect to by an Order in Council of the 7th October, 1899, with the result that the foregoing Order of 2nd February, 1899, was nullified in so far as concerns Japan (Letter of the Board of Trade, of 10th June, 1903, to the International Copyright Union Office, Berne).

Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled «An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights », that said act shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for recipro

city in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement » :

And whereas it is also provided by said section that the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require > :

And whereas satisfactory official assurances have been given that in Belgium, France, Great Britain and the British possessions, and Switzerland, the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the citizens of those countries:

Now, therefore, I, Benjamin Harrison, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, is now fulfilled in respect to the citizens or subjects of Belgium, France, Great Britain, and Switzerland.

In testimony whereof etc.

Similar Proclamations were made by the President of the United States of America, on behalf to the citizens or subjects of:

(Washington, December 6, 1898.)

Art. 2.-The following articles are prohibited admission to the mails exchanged under this Convention:

Publications which violate the copyright laws of the country of destination, etc.