any question that it may be necessary or expedient to decide for the rectification of a Register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.

(3.) Any Order of the Judge rectifying a Register shall direct that due notice of the rectification be given to the Registrar; and on production to him of any such Order the Registrar shall rectify the Register in accordance with the said Order.

116. The Judges of the Supreme Court may make, from time to time, rules of procedure and practice for regulating proceedings in Court or before a Judge on applications, petitions, and appeals under this Act, and subject thereto such proceedings shall be regulated according to the existing procedure and practice of the Court in like matters.

The costs of all parties of and incident to such proceedings shall be in the discretion of the Court or a Judge; and the Orders of the Court or a Judge respecting costs shall be enforceable in the same manner as other Orders of the Court.

117. The Registrar may, on request in writing, accompanied by the prescribed fee,

(i.) Correct any clerical error in or in connection with an application for a patent, or for registration of a design or trade-mark;

or

(ii.) Correct any clerical error in the name, style, or address of the registered proprietor of a patent, design, or trade-mark; or

(iii.) Cancel the entry or part of the entry of a trade-mark on the Register: Provided that the applicant accompanies his request by a statutory declaration made by himself, stating his name, address and calling, and that he is the person whose name appears on the Register as the proprietor of the said trade-mark;

(iv.) Permit an applicant for registration of a design or trademark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the design or trade-mark to be registered.

118.-(1.) The registered proprietor of any registered trade-mark may apply to a Judge for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act, and the Judge may refuse or grant leave on such terms as he may think fit.

(2.) Notice of any intended application to a Judge under this section shall be given to the Registrar by the applicant, and the Registrar shall be entitled to be heard on the application.

(3.) If the Judge grants leave the Registrar shall, on proof thereof, and on payment of the prescribed fee, cause the Register to be altered in conformity with the Order of leave.

119. Every person who makes or causes to be made a false entry in any Register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such Register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, is guilty of a misdemeanour.

120. Where any discretionary power is by this Act given to the Registrar he shall not exercise that power adversely to the applicant for a patent, or for amendment of a specification, or for registration of a trade-mark or design, without, if so required, within the prescribed time by the applicant, giving the applicant an opportunity of being heard personally or by his agent.

121. The Registrar, at any time, for the purposes of this Act,— (i.) May require the attendance of any persons as witnesses, and the production of books, documents, and papers, and may examine witnesses on oath, and administer oaths for the purpose;

(ii.) May, if he thinks fit, obtain the assistance of any scientific expert, or other person;

(iii.) May require the several parties to any case or matter before him to deposit such sums as he shall think fit, to meet the costs of or incident to hearing such case or matter; and may, by writing under his hand, order to be paid to any person he may call to his aid as aforesaid some remuneration for his attendance, and may also, in like manner, order that the costs of any hearing upon any objections, or otherwise in relation to the grant of such Letters Patent, or the protection acquired by the applicant under this Act, shall be paid; and, in and by such writing, shall fix the amount of such remuneration or costs, and by and to whom the same respectively shall be paid.

Every such order shall be in the form contained in the Schedule (2), or to the like effect, and may be made a Rule of the Supreme Court;

(iv.) May adjourn the hearing of an application, or other matter for the time being under his consideration, from time to time, or sine die;

evidence

(v.) In opposed cases, shall hear and examine the applicant, the objectors, and their respective witnesses, if any, and consider their separately and apart from and in the absence of the other, his witnesses and evidence, unless it is otherwise mutually agreed by the applicant and the objectors.

122.-(1.) Any application, notice, or other document authorized or required to be left, made, or given at the Patent Office, or to the Registrar, or to any other person under this Act, may be sent by a prepaid letter through the post; and, if so sent, shall be deemed to have been left, made, or given respectively at the time when the [1892-93. LXXXV.]

R

letter containing the same would be delivered in the ordinary course of post.

(2.) In proving such service or sending it shall be sufficient to prove that the letter was properly addressed and put into the post.

123. Whenever the last day fixed by this Act, or by any regulation for the time being in force, for leaving any document or paying any fee at the Patent Office falls on Christmas Day, Good Friday, or on a Saturday or Sunday, or bank holiday, or any day observed as a day of public holiday, fast, or thanksgiving, or any day on which the Patent Office is closed for the whole day, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days if two or more of them occur consecutively.

124. If any person is, by reason of infancy, lunacy, or other inability, incapable of making any declaration or doing anything required or permitted by this Act, or by any regulations made under the authority of this Act, then the guardian or committee, if any, of such incapable person, or if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall, for the purposes of this Act, be as effectual as if done by the person for whom he is substituted.

125.-(1.) The Governor in Council may from time to time make such general regulations and do such things as he may think expedient, subject to the provisions of this Act,

(i.) For regulating the practice of registration under this Act: (ii.) For classifying goods for the purposes of designs and trademarks:

(iii.) For making or requiring duplicate of specifications, amendments, drawings, and other documents:

(iv.) For securing and regulating the publishing and selling of copies of specifications, drawings, amendments, and other docu

ments:

(v.) For securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the Patent Office; and providing for the inspection of indexes and abridgments and other documents:

(vi.) For regulating the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions in Tasmania and elsewhere:

(vii.) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the Registrar.

(2.) Any of the forms in the Schedule (2) to this Act may be altered or amended by regulations made as aforesaid.

(3.) General regulations may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall, subject as hereinafter mentioned, be of the same effect as if they were contained in this Act, and shall be judicially noticed.

(4.) Any regulations made in pursuance of this Section shall be gazetted, and forthwith be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next Session of Parliament.

(5.) If either House of Parliament, within the next forty days. after any regulations have been so laid before such House, resolve that such regulations or any of them ought to be annulled, the same shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or regulation, or to the making of any new regulations. or regulation.

126. The Registrar shall, in every year, cause a Report respecting the execution by or under him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each Report relates all general regulations made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act.

Offences.

127.-(1.) Any person who represents that any article soid by him is a patented article when no patent has been granted for the same in Tasmania, or describes any design or trade-mark applied to any article sold by him as registered which is not so, is liable for every offence, on summary conviction, to a penalty not exceeding

501.

(2.) A person shall be deemed, for the purposes of this enactment, to represent that an article is patented, or a design or a trademark is registered, if he sells the article with the word "patent," "patented," "registered," or any word or words or letters express. ing or implying that a patent or registration has been obtained for the article stamped, engraved, or impressed on, or otherwise applied

to, the article.

128. Any person who, without the authority of Her Majesty, or any of the Royal Family, or of the Governor, or of any department of Her Majesty's Government in the United Kingdom or Tasmania, the proof whereof shall lie on him, assumes or uses in connection with any trade, business, calling, or profession the Royal Arms, or arms so nearly resembling the same as to be calculated to deceive, in such a manner as to be calculated to lead other persons to believe that he is carrying on his trade, business, calling, or profession by or under such authority as aforesaid, is liable, on summary conviction, to a penalty not exceeding 201.

129. Any person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of Her Majesty, or any of the Royal Family, or the Governor of the Colony, or any department of Her Majesty's Service in the United Kingdom or Tasmania, is liable, on summary conviction, to a penalty not exceeding 201.

130. Any penalty under this Act may be recovered in a summary way before any two or more Justices of the Peace, in the mode prescribed by "The Magistrates Summary Procedure Act;" and any information in respect of any matter arising under this Act may be laid within six months from the time when such matters came to the knowledge of the informant.

131. Nothing in this Act shall take away, abridge, or prejudi cially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof.