2242

THE NEW ZEALAND GAZETTE.

No 64

before such day so named in the said advertisements. A copy of such advertisement shall be forwarded by the applicant to the Registrar at the same time as the first advertisement is sent to the New Zealand Gazette.
(d.) A petition under section 20 of the Act must be presented within one week from the publication of the last of the advertisements required to be published in the New Zealand Gazette, and a copy of the petition must within the same time be furnished to the Registrar. Such petition shall be made returnable for the day named in the advertisements.
(e.) The petition must be accompanied by an affidavit or affidavits of advertisements having been published by the petitioner according to the requirements of Rules (a), (b), and (c) hereof. The statements contained in such affidavit or affidavits may be disputed upon the hearing.
(f.) Upon the day named in the advertisements the petitioner shall apply to the Court to fix the appointed day.
(g.) The petitioner shall forthwith after the appointed day has been fixed give public notice of the same by advertising once at least in the New Zealand Gazette and in the Patent Office Journal.
(h.) A party presenting a petition under section 20 of the Act must lodge as hereinafter provided a copy thereof, with two copies of the specification of his patent, and copies of the drawings attached thereto.
(i.) The petitioner shall also lodge as hereinafter provided, not less than three weeks before the appointed day, two copies of the balance-sheet of expenditure and receipts relating to the patent in question, which accounts are to be proved on oath before the Court at the hearing. He shall also at the same time furnish a copy of the specification and of the said balance-sheet to the Registrar, and shall upon receiving two days' notice give the Registrar, or any person deputed by him for the purpose, reasonable facilities for inspecting and taking extracts from the books of account by reference to which he proposes to verify the said balance-sheet, or from which the materials for making up the said balance-sheet have been derived.
(j.) Any person desirous of opposing the prayer of a petition under section 20 of the Act shall lodge as hereinafter provided a notice that he intends so to oppose, and giving an address in New Zealand for service of any document requiring service under this rule. Such person shall at the same time serve upon the petitioner a copy of such notice. Such notices shall be respectively lodged and served before the day named in the petitioner's advertisements as that on which he intends to apply to the Court for the appointed day to be fixed.
(k.) The petitioner shall forthwith upon receipt of such notice serve a copy of his petition upon each person giving such notice.
(l.) Every person giving such notice as aforesaid shall, within three weeks after service of the petition upon him, lodge as hereinafter provided two copies, and serve upon the petitioner one copy, and lodge with the Registrar one copy, in writing of particulars of the objections upon which he intends to rely against the granting of the prayer of the petition.
(m.) Any person who shall not within the said three weeks lodge and serve such particulars of objections as aforesaid shall be deemed to have abandoned his opposition.
(n.) No person who has delivered such particulars of objections shall be entitled to oppose the granting of the prayer of the petition on any grounds not stated in such particulars.
(o.) Any person who has lodged notice that he intends to oppose the granting of the prayer of the petition shall be entitled to be heard on the application to fix the appointed day, and every person who has lodged and served particulars of objection shall be served by the petitioner with notice of the appointed day.
(p.) The petition shall not be set down for hearing until the expiration of the time limited for the lodging and service of the particulars of objections, and shall only be set down on the lodging of an affidavit on behalf of the petitioner that all persons who have served him with notice of intention to oppose the prayer of his petition have been served with copies of the petition.
(q.) Any persons who have delivered particulars of objections shall be entitled, at their own expense, to obtain from the petitioner copies of the accounts which have been lodged by him.
(r.) All petitions, documents, and copies by these rules required to be lodged shall be lodged at the Supreme Court at Wellington, unless the Court shall otherwise direct.
(s.) The Court may excuse petitioners and opponents from compliance with any of the requirements of these rules, and may give such directions in matters of procedure and practice under section 20 of the Act as it shall consider to be just and expedient.