JUNE 27.] THE NEW ZEALAND GAZETTE. 1695

to pay his annual registration fee; and if such registered patent agent does not within one month from the day named in such notice pay the registration fee so due from him, the Registrar may erase his name from the register: Provided that the name of a person erased from the register under this regulation may be restored to the register on payment by such person of the fee or fees due from him, together with such further sum of money, not exceeding in amount the annual registration fee, as the Registrar may in each particular case direct.

14. In the execution of his duties with reference to the registration of patent agents, the Registrar shall, subject to these regulations, in each case act on such evidence as appears to him sufficient.

15. The Registrar shall erase from the register any entry which is proved to his satisfaction to have been incorrectly or fraudulently inserted therein.

16. (1.) If any registered person is convicted in New Zealand or elsewhere of an offence which, if committed in New Zealand, would be a crime as defined in the Crimes Act, 1908, or if any such person is proved to the satisfaction of the Registrar to have been guilty of conduct discreditable to a patent agent, or having been entitled to practise as a solicitor has ceased to be so entitled, the Registrar shall erase from the register the name of that person: Provided that no person shall be adjudged to have been guilty of conduct discreditable to a patent agent unless he has received notice of, and had an opportunity of defending himself from, any charge brought against him, and unless such charge is made within six months from the occasion of the conduct complained of.

(2.) Where a name is erased from the register in pursuance of this regulation, it shall not be again entered therein except by the direction of the Governor-General.

17. The Governor-General may in any case in which he thinks fit direct the restoration to the register of such name or entry erased therefrom, either without fee or on payment or such fee not exceeding the registration fee as he thinks fit, and the Registrar shall thereupon restore the name accordingly.

18. The name of any person erased from the register at the request or with the consent of such person shall, unless it might if not so erased have been erased by the Registrar in pursuance of clause 15 or clause 16 of these regulations, be restored to the register by the Registrar on the application of the person concerned, and on payment of such fee, not exceeding the registration fee, as may from time to time be fixed.

19. (1.) The Registrar may, if he thinks fit, refuse to recognize as agent in respect of any business under the said Act any person whose name has been erased from the Register of Patent Agents, or who is proved to the satisfaction of the Registrar, after having been given an opportunity of being heard, to have been convicted of such an offence, or to have been guilty of such misconduct as would have rendered him liable, if his name had been on the Register of Patents, to have his name erased therefrom; and may, if he thinks fit, refuse to recognize as agent in respect of any such business any company which, if it had been an individual, he could have refused to recognize as such agent.

(2.) The Registrar may also, if he thinks fit, refuse to recognize any company or firm as agent in respect of any such business as aforesaid if any person whom the Registrar could refuse to recognize as agent acts as director or manager of the company, or is a partner in the firm.

20. The regulations relating to patent agents, made under the Patents, Designs, and Trade-marks Act, 1911, by Order in Council dated the 1st day of July, 1912, and published in the New Zealand Gazette of the 4th day of July, 1912, are hereby revoked.

F. D. THOMSON,
Clerk of the Executive Council.

Regulations under Section 129 of the Patents, Designs, and Trade-marks Act, 1921-22.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 26th day of June, 1922.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by subsection three of section one hundred and twenty-nine of the Patents, Designs, and Trade-Act, 1921–22 (hereinafter referred to as “the said Act”), it is enacted that the Governor-General may from time to time by Order in Council make regulations—

(a.) Prescribing the manner in which witnesses may be required to attend and to give evidence in any proceedings before the Registrar :

(b.) Making provision for the payment of the expenses of such witnesses :

(c.) Imposing fines not exceeding twenty pounds for the failure or refusal of any person so to attend and give evidence :

And whereas it is expedient to make regulations accordingly:

Now, therefore, in pursuance and exercise of the power and authority conferred upon him by the said section, and of all other powers enabling him in that behalf, His Excellency the Governor-General 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 aforesaid; and doth declare that these regulations shall come into force on the first day of July, one thousand nine hundred and twenty-two.

REGULATIONS.

1. In any proceedings before the Registrar in pursuance of the said Act or of the regulations for the time being in force thereunder, the Registrar may summon any person to appear and give evidence before him, or to appear and produce any books, deeds, papers, or other writings in his possession or under his control relating to the matter of the said proceedings. Every summons issued in pursuance of this regulation shall be in the form in the Schedule hereto.

2. Any person upon whom any such summons is served, and to whom at the same time payment or tender of his expenses is made in accordance with the scale referred to in the next succeeding regulation, and who fails to attend or to give evidence or to produce any such books, deeds, papers, or other writings in accordance with the terms of such summons, shall be liable to a fine of £20 for each such default.

3. Witnesses in any such proceedings shall be entitled to receive payment for expenses in accordance with the scale of allowances for the time being payable to witnesses for attendance in proceedings in the Magistrate’s Court. All payments made in pursuance of this regulation shall be payable by the party on whose behalf the witness is summoned, or by any or all of the parties to the proceedings in such proportions as the Registrar decides.

4. The regulations made under section 114 of the Patents, Designs, and Trade-marks Act, 1911, by Order in Council dated the 11th day of June, 1912, and published in the New Zealand Gazette of the 27th day of June, 1912, are hereby revoked.

SCHEDULE.

SUMMONS TO WITNESS.

Under the Patents, Designs, and Trade-marks Act, 1921-22.

To [Name, address, and occupation].

In the matter of the Patents, Designs, and Trade-marks Act, 1921–22; and in the matter of [State subject-matter of proceedings].

In pursuance of the powers conferred upon me by section 129 of the above-mentioned Act, and by the regulations in force thereunder, I hereby require you to attend before me at __, on __, the __ day of __, 19, at __ o’clock of the __ noon, to give evidence on behalf of __ in the above-mentioned proceedings [and then and there to have and produce (State any particular documents required), and all other books, deeds, papers, or other writings in your possession or under your control relating to the said proceedings]. If you fail to comply with the provisions of this summons you are liable to a fine of £20.

Given under my hand, at __, this __ day of __, 19____.

……………

Registrar of Patents, Designs, and Trade-marks.

F. D. THOMSON,
Clerk of the Executive Council.

Patents, Designs, and Trade-marks.—Extension of Time as to Rights affected by War.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 26th day of June, 1922.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by section twenty-three of the Finance Act, 1921, it is provided that, in order to give effect to