TRADE MARKS.
No. 40 of 1909.
1869
the Court. Unless otherwise directed by the Court, the Registrar in lieu of appearing and being heard may submit to the Court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
before Court.
49. In all proceedings before the Court under this Ordinance the costs of the Registrar shall be in the discretion of the Court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
Evidence.
c. 15 s. 48.
50. In any proceedings under this Ordinance before the Registrar or the Governor, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which he shall think it right to do, the Registrar or the Governor may (with the consent of the parties) take evidence viva voce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the Court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
In case any part of the evidence is taken vivâ voce the Registrar or the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a special referee of the Supreme Court.
to be evidence.
51. Printed or written copies or extracts of or from the register, sealed copies purporting to be certified by the Registrar under his seal, shall be admitted in evidence in all Courts and in all proceedings without further proof or production of the originals.
52. A certificate purporting to be under the hand of the Registrar as to any entry, matter, or thing which he is authorised by this Ordinance to make or do, shall be primâ facie evidence of the same.
*
* As amended by No. 12 of 1912.