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A. B.

FORM II.-Agents' Licence.

is [or are] licensed to act as agent or agents under

the provisions of the Polynesian Immigration Ordinance of 1883 for the year

188

C. D., Agent-General of Immigration.

FORM III.-Power of Attorney.

I, A. B. [or we, A. B. and C. D.], owner [or owners, lessee, or lessees, manager, or managers], of

E. F.,

of

do hereby constitute and appoint

to be my [or our] true and lawful attorney [or jointly and either of them severally] to

E. F. and G. H. of be my [or our] true and lawful attorney [or attorneys] for me, and in my name and stead to sign all indentures of service to be made with any Polynesian immigrant or immigrants, and to undertake in my name and stead [or in our names and stead] all that may be necessary and requisite for and on account of contracts of service under any such indenture, and I [or we] do hereby agree to ratify and confirm all and whatever my said attorney [or our said attorneys or either of them] shall do or cause to be done in my name or on my behalf [or in our names or in our behalf] for the purpose and intent agreed.

(Signed) A. B., or A. B. and C. D.

me

This power of attorney was signed by
(Stipendiary Magistrate), this day of

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FORM V.-Certificate of Death.

THIS is to certify that [to the best of my knowledge, information, and

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* These words to be inserted where Medical Officer was not present at the death.

+ State whether in hospital or dwelling-house, or otherwise.

Cause of death.

FORM VI.

I HEREBY certify that the Polynesian immigrant hereafter mentioned is an old immigrant, and is free to work where he pleases within the Colony.

Name...........

Island.........

Date of arrival in Colony..

Ship's No.........

Register No...........

Former employer.............

Agent-General of Immigration.

This certificate has been issued under section 39 of Ordinance of

ORDINANCE of the Government of Fiji, to amend section 23 of "The Polynesian Immigration Ordinance, 1883."*

[No. 7.]

(L.S.)

WM. MCGREGOR.

[May 11, 1885.+]

BE it enacted by the Governor, with the advice and consent of the Legislative Council, as follows:

1. Section 23 of "The Polynesian Immigration Ordinance, 1883," is hereby repealed, and the following provisions of this section of this Ordinance are enacted in lieu thereof. Except as otherwise specially provided by "The Polynesian Immigration Ordinance, 1877-83," the estimated cost of return passage of any immigrant, together with the cost of twenty days' keep in depôt, as fixed by the Governor under section 16 of "The Polynesian Immigration Ordinance, 1877," shall be borne by the employer to whom such immigrant was originally indentured, and shall be paid by such employer or his agent into the Colonial Treasury within twenty-one days from the date of such immigrant's embarkation.

2. This Ordinance and "The Polynesian Immigration Ordinance, 1877-83," shall be read and construed together, and may be cited as "The Polynesian Immigration Ordinance, 1877-85."

Passed in Council, this 14th day of April, in the year of our Lord 1885.

but

* Page 1192.

This Ordinance was repealed by Ordinance No. 21 of 1888, see page 1207, was subsequently partially revived by Ordinance No. 4 of 1890, see

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ORDINANCE of the Government of Fiji, to establish a Register of Trade-Marks.

[No. 4.]

[April 22, 1886.]

(L.S.) JOHN B. THURSTON.

BE it enacted by the Governor, with the advice and consent of the Legislative Council, as follows:

1. A "Register of Trade-Marks" as defined by this Ordinance, and of the proprietors thereof, shall be established under the superintendence of the Registrar-General.

2. From and after the 1st day of January, 1887, no proceedings to prevent the infringement of a trade-mark, as defined by this Ordinance, shall be instituted by any person unless such trade-mark is registered in accordance with the provisions of this Ordinance.

3. A trade-mark must be registered as belonging to particular goods or classes of goods, and when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in such particular goods or classes of goods, and shall be determinable with such goodwill, but subject as aforesaid the registration of a trade-mark shall be deemed to be public use of such mark.

4. The registration of a person as first proprietor of a trademark shall be primâ facie evidence of his right to the exclusive use of such trade-mark, and shall, after the expiration of five years from the date of such registration, be conclusive evidence of his right to the exclusive use of such trade-mark subject to the provisions of this Ordinance as to its connection with the good-will of a business.

5. Every proprietor registered in respect of a trade-mark subsequently to the first registered proprietor shall, as respects his title to that trade-mark, stand in the same position as if his title were a continuation of the title of the first registered proprietor.

6. If the name of any person who is not for the time being entitled to the exclusive use of a trade-mark is entered on the "Register of Trade-Marks" as a proprietor of such trade-mark, or if the Registrar refuses to enter on the register as proprietor of a trade-mark the name of any person who is for the time being entitled to the exclusive use of such trade-mark, or if any mark is registered as a trade-mark which is not authorized to be so registered under this Ordinance, any person aggrieved may apply in manner hereinafter prescribed for an order of the Court that

the register may be rectified, and the Court may either refuse such application or make an order for the rectification of the register and award damages to the party aggrieved.

7. Where each of several persons claims to be registered as the proprietor of the same trade-mark, the Registrar may refuse to comply with the claims of any such person until their rights have been determined by the Court, and the Registrar may himself submit or require the claimants to submit their rights to the Court.

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8. The Court may in any proceeding under the last two preceding sections decide any question whether a mark is or is not such a trade mark as is authorized to be registered under this Ordinance, also any question relating to the right of any persor who is party to such proceedings to have his name entered on the Register of Trade-Marks" or to have the name of some other person removed from such register, also any other question that it may be necessary or expedient to decide for the rectification of the register, and may direct an issue to be tried for the decision of any question of fact which may require to be decided for the purposes of such rectification.

9. Whenever any order has been made rectifying the register, the Court shall by its order direct that due notice of such rectification be given to the Registrar.

10. The Registrar shall not, without the leave of the Court, register in respect of the same goods or classes of goods a trademark identical with one already registered with respect to such goods or classes of goods, and the Registrar shall not register with respect to the same goods or classes of goods a trade-mark so nearly resembling a trade-mark already registered with respect to such goods or classes of goods as to be calculated to deceive.

11. The Registrar shall not register as part of, or in combination with, a trade-mark any words the exclusive use of which would not by reason of their being calculated to deceive or otherwise be entitled to protection in a Court of Equity, or any scandalous designs.

12. The Chief Justice may from time to time make, and when made alter, annul, or vary as he may deem expedient, general rules:

(1.) As to the registration of trade-marks.

(2.) As to notices to be given by advertisement before the registration of trade-marks.

(3.) As to the classification of goods for the purposes of this Ordinance.

(4.) As to the registration of first and subsequent proprietor of trade-marks.

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