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Wednesday, 1 August 1906


Mr GLYNN (Angas) .- I drew attention to this matter on the motion for the second reading of the Bill, and thought that the Minister was wrong in saying that provision was made for such an appeal. He appeared, however, to be very confident. I do not know whether he has the text of the English Act.


Mr Groom - I have.


Mr GLYNN - I think that one of the sub-sections of that Act clearly shows what the Court has to do as to rectification. The Encyclopaedia of the Laws of England, Volume 4, refers to this question. It states, at page 235 -

If the comptroller grants the registration, he gives a certificate which isprima facie evidence of what it states (Act of 1883, ss. 49, 96) ; but after hearing the applicant, he may refuse registration, and from his decision there is an appeal to the Board of Trade. Opponents are not heard ; if any party is aggrieved by registration, his remedy is to apply to rectify the register.

All this is done under section 90 of the English Act of 1883. It relates, not to a registration that has been refused, but to one that has been made. The Court steps in and rectifies the register where an entry has been wrongly omitted. It is undesirable, however, to be cocksure on these matters, and perhaps the postponement of the clause may enable the question to be cleared up.







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