Designs and Trade Marks assign, grant licenses as to, or otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, license, or dealing. Provided that any equities in respect of such design or trade mark may be enforced in like manner as in respect of any other personal property. 41. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed, and certified copies, sealed with the public seal of the Colony, of any entry in any such register shall be given to any person requiring the same, on payment of the prescribed fee. 42. Printed or written copies or extracts purporting to be certified by the Colonial Secretary and sealed with the seal of the Colony of or from registers and other books kept there shall be admitted in evidence in all courts in the Colony and in all proceedings without further proof or production of the originals. Inspection of from registers and extracts Sealed copies to be received in evidence registers by Court 43. (1) The Court may, on application of any person aggrieved by Rectification of the omission, without sufficient cause, of the name of any person from any register kept under this Act or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry as the Court thinks fit; or the Court may refuse the application, and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit. (2) The Court may in any proceedings under this section decide 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. (8) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Colonial Secretary. 44. The Colonial Secretary may, on request in writing, accom- Power for Colopanied by the prescribed fee (a) Correct any clerical error in or in connection with an appli- nial Secretary to correct clerical errors registered marks 45. (1) The registered proprietor of any registered trade mark Alteration of may apply to the Court 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 Court may refuse or grant leave on such terms as it may think fit. (2) Notice of any intended application to the Court under this section shall be given to the Colonial Secretary by the applicant, and the Colonial Secretary shall be entitled to be heard on the application. (3) If the Court grants leave, the Colonial Secretary shall on Falsification of entries in registers Exercise of dis by Colonial Secretary Designs and Trade Marks proof thereof, and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave. 46. If any person 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, he shall be guilty of a misdemeanour, and shall be liable on conviction thereof to be imprisoned for any term not exceeding 12 months. 47. Where any discretionary power is by this Act given to the cretionary power Colonial Secretary, he shall not exercise that power adversely to the applicant 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. Power of Colonial 48. The Colonial Secretary may, in any case of doubt or difficulty directions of Law arising in the administration of any of the provisions of this Act, apply to the Attorney General or to the Crown Solicitor for advice in the matter. Officers Certificate of Colonial Secretary to be evidence Applications and notices by post Provision as to documents at 49. A certificate, purporting to be under the hand of the Colonial Secretary, as to any entry, matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do shall be prima facie evidence of the entry having been made and of the contents thereof, and of the matter or thing having been done or left undone. 50. (1) Any application, notice, or other document authorised or required to be left, made, or given at the Colonial Secretary's Office or to the Colonial Secretary, 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 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. 51. Whenever the last day fixed by this Act or by any rule for the days for leaving time being in force for leaving any document or paying any fee at the Colonial Secretary's Office shall fall on any bank holiday or any day observed as a day of public fast or thanksgiving (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. offices Declaration by &c. 52. If any person is by reason of infancy, lunacy, or any other infants, lunatic, inability incapable of making any declaration or doing anything required or permitted by this Act, or by any rules 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 Designs and Trade Marks person; and all acts done by such substitute shall for the purpose of this Act be as effectual as if done by the person for whom he is substituted. 53. (1) The Governor in Executive Council may from time to time Power for make such general rules and do such things as he may think expedient, subject to the provisions of this Act: (a) For regulating the practice of registration and the (b) For classifying goods for the purpose of designs Governor to make general rules for classifying goods and fees regulating busi and (c) Generally for regulating the business of the Office of Registry (2) Any of the forms in the First Schedule to this Act may be altered or amended by rules made by the Governor as aforesaid. (3) General rules made under this section 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 rules made in pursuance of this section shall be laid before the Legislative Council, if the said Council 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; and they shall also be advertised twice in the 'Government Gazette' of the said Colony. (5) If the Council, within the next forty days after any rules have been so laid before it, resolves that such rules 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 rules or rule, or to the making of any new rules or rule. ness of Registry Office of Colonial Secretary 54. The Colonial Secretary shall in every year cause a report Annual reports respecting the execution by or under him of this Act to be laid before the Legislative Council, and therein shall include for the year to which each report relates all general rules 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. 55. [Repealed by 58 Vic., No. 4.] OFFENCES 56. (1) Any person who describes any design or trade mark applied by him to any article sold by him as registered which is not so registered shall be liable for every offence, on summary conviction thereof before any Resident or Police Magistrate, or before any two or more Justices of the Peace in Petty Sessions, to a penalty not exceeding Five pounds, recoverable according to the provisions of the Acts in that behalf. (2) A person shall be deemed for the purposes of this enactment to represent that a design or trade mark is registered if he sells the article with the word 'registered,' or with any word or Registration of designs and trade marks already registered in other countries Penalty for falsely repreto be patented senting articles General definitions Designs and Trade Marks words expressing or implying that a registration has been obtained for the article, stamped, engraved, or impressed on, or otherwise applied to the article. GENERAL DEFINITIONS 57. In and for the purposes of this Act, unless the context otherwise requires 'Person' includes a corporation. 'The Court' means the Supreme Court of Western Australia. F. NAPIER BROOME, You are hereby requested to register the accompanying trade mark [In Class boilers; and in Class Registration Fees enclosed £ Bank Holidays WESTERN AUSTRALIA ANNO QUADRAGESIMO OCTAVO VICTORIÆ REGINÆ No. 9 An Act to make provision for Bank Holidays, and respecting obligations to make payments and do other acts on such Bank Holidays. [Assented to 27th August, 1884. WHEREAS days Bank Holidays, and for enabling Bank Holidays WHEREAS it is expedient to make provisions for rendering. to be appointed by the Governor: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. After the passing of this Act the several days in the Schedule to this Act mentioned (and which days are in this Act hereinafter referred to as Bank Holidays) shall be kept as close holidays in all banks in Western Australia, and all bills of exchange and promissory notes which are due and payable on any such Bank Holiday shall be payable and, in case of non-payment, may be noted and protested on the next following day and not on such Bank Holiday, and any such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable; and for all the purposes of this Act the day next following a Bank Holiday shall mean the next following day on which a bill of exchange may be lawfully noted and protested. 2. When the day on which any notice of dishonour of an unpaid bill of exchange or promissory note shall be given, or when the day on which a bill of exchange or promissory note should be presented or received for acceptance or accepted or forwarded to any referee or referees is a Bank Holiday, such notice of dishonour shall be given, and such bill of exchange or promissory note shall be presented or forwarded on the day next following such Bank Holiday. Bills due on Bank Holidays the following day to be payable on Notice of dissentation for honour and pre honour Bank Holidays 3. No person shall be compellable to make any payment or to do Payments on any act upon such Bank Holiday which he could not be compellable to do or make on Christmas Day or Good Friday; and the obligation. to make such payment and do such act shall apply to the day following such Bank Holiday; and the making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday. 4. The offices of Land Titles and of the Registry of Deeds shall be closed on all Bank Holidays named in the Schedule to this Act, and on all days specially appointed by the Governor to be kept as Bank Holidays in the city or district of Perth, under the powers hereinafter contained; and if the day ordained or appointed as the last E Offices of Land Titles and of |