JUNE 8.] THE NEW ZEALAND GAZETTE. 1879

SEARCH.

82. The Registrar, if requested so to do in writing upon the form No. 26, may cause a search to be made in any class to ascertain whether any marks are on record at the date of such search which may resemble any mark sent in duplicate to him by the person requesting such search, and may cause that person to be informed of the result of such search.

HOURS OF INSPECTION.

83. The Office shall be open to the public every week-day, except Saturday, between the hours of 10 a.m. and 1 p.m., and from 2 p.m. till 4 p.m., and on Saturday between the hours of 10 a.m. and noon, except on the days following :—
    The days from Good Friday to Easter Tuesday, both inclusive ; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign ; the birthday of His Royal Highness the Prince of Wales ; and all other days observed by the Government as public holidays.

POWER TO DISPENSE WITH EVIDENCE.

84. Where under these regulations any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence.

AMENDMENTS.

85. Any document or drawing or other representation of a trade-mark may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.

ENLARGEMENT OF TIME.

86. (1.) The time prescribed by these regulations for doing any act, or taking any proceeding thereunder, may be enlarged by the Registrar if he thinks fit, upon such notice to parties and upon such terms as he may direct, and such enlargement may be granted though the time has expired for doing such act or taking such proceeding.

(2.) Any fee payable or any document required to be lodged in pursuance of these regulations shall be deemed to be paid or lodged within the prescribed time if it is paid or lodged at a local Patent Office, and the Registrar has within such time received notice by telegraph or otherwise of such payment or lodgment.

87. Whenever the last day fixed by the said Act or by these regulations for leaving any document or paying any fee at the Office falls on a Saturday or Sunday, or any day on which the Office or local Patent Office is not open to the public, as provided in Regulation 83 hereof (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.

88. Where a time for paying a fee is limited by these regulations, and the person who is bound to pay such fee resides at such distance from the Office that he cannot reasonably be expected to pay the fee on the date limited by the regulation, the Registrar, if satisfied that the omission to pay the fee has not been from any want of diligence on the part of the person whose business it is to pay it, may accept the fee even though the date for paying the fee has passed, and treat it as if received on the correct date, provided always that the fee is actually paid with such promptitude as can be expected in the circumstances.

CERTIFICATES.

89. The Registrar, when required, otherwise than under section 72 of the said Act, to give a certificate as to any entry, matter, or thing which he is authorized by the said Act or any of these regulations to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate ; but every certificate of registration so given shall have specified on the face thereof, whether the same is to be used in legal proceedings, or for the purpose of obtaining registration abroad, or for purposes other than use in legal proceedings or obtaining registration abroad.

90. Where a mark is registered without limitation of colour it shall be lawful for the Registrar to grant a certificate of its registration for the purpose of obtaining registration abroad either in the colour in which it appears upon the register or in any other colour or colours.

91. Where a certificate of registration is desired for use in obtaining registration abroad, the Registrar shall affix to the said certificate a copy of the mark, and shall state in such certificate such particulars concerning the registration of the mark as he thinks fit, and may omit therefrom reference to any disclaimers appearing on the register.

STATUTORY DECLARATIONS.

92. (1.) The statutory declarations required by these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.

(2.) Such statutory declarations shall be made and subscribed as follows :—

(a.) In New Zealand, in the manner prescribed by the Justices of the Peace Act, 1908 ;

(b.) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding ;

(c.) In any other part of His Majesty’s dominions, before any Court, Judge, Justice of the Peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding ; and

(d.) If made out of His Majesty’s dominions, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or a Notary Public, or before a Judge or Magistrate.

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