ACT
(Acts 9 of 2004, 38 of 2006 and 11 of 2008)
Promulgated under authority of an Act appearing as Chapter 244 of the 1957 Revision … in force 1 July 1917
Amended by Act 2 of 1972 in force 22 January 1972
Amended by Act 21 of 1972 in force 8 September 1972
Amended by Act 10 of 1975 in force 5 May 1975
Amended by Act 14 of 1989 in force 30 December 1989
Amended by Act 19 of 1990 in force 26 January 1991
Amended by Act 7 of 1993 in force 17 April 1993
Amended by Act 14 of 2010 in force 17 May 2010
ARRANGEMENT OF SECTIONS
TITLE 1
TRADERS
| 1. | Definition |
| 2. | Commercial domicile |
| 3. | Conflict of laws |
CHAPTER 1
CAPACITY TO TRADE
| 4. | Capacity in general |
| 5. | Married women |
| 6. | Separate trade |
| 7. | (Repealed by Act 5 of 1957) |
| 8. | Minors |
CHAPTER 2
TRADERS' BOOKS
| 9. | Method of keeping accounts prescribed |
| 10. | Admissibility as evidence |
CHAPTER 3
GOODWILL
| 11. | Goodwill |
| 12. | Right of purchaser to use name of vendor |
| 13. | Soliciting customers of old business |
| 14. | Vendor using old name |
| 15. | Value or goodwill |
CHAPTER 4
TRADE COMPETITION
| 16. | Unfair competition |
| 17. | Covenants in restraint of trade |
CHAPTER 4
TRADING ASSOCIATIONS
| 18. | Forms of association |
| 19. | Prohibition of partnerships exceeding certain number |
TITLE 2
PARTNERSHIP
CHAPTER 1
NATURE OF PARTNERSHIP
| 21. | Definition of partnership |
| 22. | Rules for determining existence of partnership |
| 23. | Postponement of rights of person lending or selling in consideration of share of profits in caseof insolvency |
CHAPTER 2
RELATIONS OF PARTNERS TO PERSONS DEALING WITH THEM
| 24. | Power of partner to bind the firm |
| 25. | Partners bound by acts on behalf of firm |
| 26. | Partner using credit of firm for private purposes |
| 27. | Effect of notice that firm will not be bound by acts of partner |
| 28. | Liability of partners |
| 29. | Liability of the firm for wrongs |
| 30. | Misapplication of money or property received for or in custody of the firm |
| 31. | Liability for wrongs joint and several |
| 32. | Improper employment of trust property for partnership purposes |
| 33. | Persons liable by “holding out” |
| 34. | Admissions and representations of partners |
| 35. | Notice to acting partner to be notice to the firm |
| 36. | Liabilities of incoming and outgoing partners |
| 37. | Revocation of continuing guaranty by change in firm |
CHAPTER 3
RELATIONS OF PARTNERS TO ONE ANOTHER
| 38. | Variation by consent of terms of partnership |
| 39. | Partnership property |
| 40. | Property bought with partnership money |
| 41. | Conversion into personal estate of land held as partnership property |
| 42. | Procedure against partnership property for a partner's separate judgment debt |
| 43. | Rules as to interests and duties of partners subject to special agreement |
| 44. | Expulsion of partner |
| 45. | Retirement from partnership at will |
| 46. | Where partnership for term is continued over, continuance on old terms presumed |
| 47. | Duty of partners to render accounts etc. |
| 48. | Accountability of partners for private profits |
| 49. | Duty of partner not to compete with firm |
| 50. | Rights of assignee of share in partnership |
CHAPTER 4
DISSOLUTION OF PARTNERSHIP, AND ITS CONSEQUENCES
| 51. | Dissolution by expiration or notice |
| 52. | Dissolution by bankruptcy, death, or charge |
| 53. | Dissolution by illegality of partnership |
| 54. | Dissolution by the court |
| 55. | Rights of persons dealing with firm against apparent members of firm |
| 56. | Right of partners to notify dissolution |
| 57. | Continuing authority of partners for purposes of winding up |
| 58. | Rights of partners as to application of partnership property |
| 59. | Apportionment of premium where partnership prematurely dissolved |
| 60. | Rights where partnership dissolved for fraud or misrepresentation |
| 61. | Rights of outgoing partner in certain cases to share profits made after dissolution |
| 62. | Retiring or deceased partner's share to be a debt |
| 63. | Rules for distribution of assets on final settlement of accounts |
TITLE 3
LIMITED PARTNERSHIPS
| 64. | General partner |
| 65. | Definition and constitution of limited partnership |
| 66. | Registration required |
| 67. | Modifications of general law in case of limited partnership |
| 68. | Registration |
| 69. | Registration of changes |
| 70. | Advertisement in Gazette |
| 71. | The Registrar |
| 72. | Rules |
TITLE 4
COMPANIES
| 73-239. | (Repealed by Act 19 of 1996) |
TITLE 5
MERCHANTILE AGENTS
CHAPTER 1
DISPOSITIONS BY MERCANTILE AGENTS
| 241. | Powers of mercantile agent with respect to disposition of goods |
| 242. | Effect of pledges of documents of title |
| 243. | Pledge for antecedent debt |
| 244. | Rights acquired by exchange of goods or documents |
| 245. | Etc. |
| 246. | Provisions as to consignors and consignees |
CHAPTER 2
FACTORS
| 247. | Definition |
| 248. | Duties of factors |
| 249. | Implied authority of factors |
CHAPTER 3
BROKERS
| 250. | Definition |
| 251. | Duty of broker |
| 252. | Implied authority of broker |
| 253. | Insurance brokers |
CHAPTER 4
AUCTIONEERS
| 254. | Definition |
| 255. | Transfer of title |
| 256. | Failure of purchaser to pay |
| 257. | When liable for conversion |
| 258. | Lien |
| 259. | Neglect to obtain deposit |
| 260. | Retention of deposit until completion |
| 261. | Negligent misdescription |
| 262. | Bidding at auction sales |
| 263. | Official sales |
TITLE 6
SALE OF GOODS
INTERPRETATION OF TERMS
PART 1
FORMATION OF CONTRACT
CHAPTER 1
CONTRACT OF SALE
| 271. | Sale and agreement to sell |
| 273. | Capacity to buy and sell |
CHAPTER 2
FORMALITIES OF CONTRACT
| 274. | Contract of sale, how made |
| 275. | (Repealed by Act 5 of 1957) |
CHAPTER 3
SUBJECT MATTER OF CONTRACT
| 276. | Existing or future goods |
| 277. | Goods which have perished |
| 278. | Goods perishing before sale but after agreement to sell |
CHAPTER 4
THE PRICE
| 279. | Ascertainment of price |
| 280. | Agreement to sell at valuation |
CHAPTER 5
CONDITIONS AND WARRANTIES
| 281. | Stipulations as to time |
| 282. | When condition to be treated as warranty |
| 283. | Implied undertaking as to title, etc. |
| 284. | Sale by description |
| 285. | Implied conditions as to quality or fitness |
CHAPTER 6
SALE BY SAMPLE
PART 2
EFFECTS OF CONTRACT
CHAPTER 1
TRANSFER OF PROPERTY AS BETWEEN SELLER AND BUYER
| 287. | Goods must be ascertained |
| 288. | Property pases when intended to pass |
| 289. | Rules for ascertaining intention |
| 290. | Reservation of the right of disposal |
| 291. | Risk prima facie pases with property |
CHAPTER 2
TRANSFER OF TITLE
| 292. | Sale by person not the owner |
| 293. | Market overt |
| 294. | Sale under voidable title |
| 295. | Revesting of property in stolen goods on conviction of offender |
| 296. | Seller or buyer in possession after sale |
| 297. | Effects of writs of execution |
PART 3
PERFORMANCE OF CONTRACT
| 298. | Duties of seller and buyer |
| 299. | Payment and delivery are concurrent conditions |
| 300. | Rules as to delivery |
| 301. | Delivery of wrong quantity |
| 302. | Instalment deliveries |
| 303. | Delivery to carrier |
| 304. | Risk where goods are delivered at distant place |
| 305. | Buyer's right of examining the goods |
| 306. | Acceptance |
| 307. | Buyer not bound to return rejected goods |
| 308. | Liability of buyer for neglecting or refusing delivery of goods |
PART 4
RIGHTS OF UNPAID SELLER AGAINST GOODS
| 309. | Unpaid seller defined |
| 310. | Unpaid seller's rights |
CHAPTER 1
UNPAID SELLER'S LIEN
| 311. | Seller's lien |
| 312. | Part delivery |
| 313. | Termination of lien |
CHAPTER 2
STOPPAGE IN TRANSITU
| 314. | Right of stoppage in transit |
| 315. | Duration of transit |
| 316. | How stoppage in transitu is effected |
CHAPTER 3
RE-SALE BY BUYER OR SELLER
| 317. | Effect of sub-sale or pledge by buyer |
| 318. | Sale not generally rescinded by lien or stoppage in transitu |
PART 5
ACTIONS FOR BREACH OF CONTRACT
CHAPTER 1
REMEDIES OF THE SELLER
| 319. | Action for price |
| 320. | Damages for non-acceptance |
CHAPTER 2
REMEDIES OF THE BUYER
| 321. | Damages for non-delivery |
| 322. | Specific performance |
| 323. | Remedy for breach of warranty |
| 324. | Interest and special damages |
TITLE 7
BILLS OF EXCHANGE
PRELIMINARY
PART 1
BILLS OF EXCHANGE
CHAPTER 1
FORM AND INTERPRETATION
| 326. | Bills of exchange defined |
| 327. | Inland and foreign bills |
| 328. | Effect where different parties to bill are the same person |
| 329. | Address to drawee |
| 330. | Certainty required as to payee |
| 331. | What bills are negotiable |
| 332. | Sum payable |
| 333. | Bill payable on demand |
| 334. | Bill payable at a future time |
| 335. | Omission of date in bill payable after date |
| 336. | Ante-dating and post-dating |
| 337. | Computation of time of payment |
| 338. | Case of need |
| 339. | Optional stipulations by drawer or indorser |
| 340. | Definition and requisites of acceptance |
| 341. | Time for acceptance |
| 342. | General and qualified acceptances |
| 343. | Inchoate instruments |
| 344. | Delivery |
CHAPTER 2
CAPACITY AND AUTHORITY OF PARTIES
| 345. | Capacity of parties |
| 346. | Signature essential to liability |
| 347. | Forged or unauthorised signature |
| 348. | Procuration signatures |
| 349. | Person signing as agent or in representative capacity |
CHAPTER 3
THE CONSIDERATION FOR A BILL
| 350. | Value and holder for value |
| 351. | Accommodation bill or party |
| 352. | Holder in due course |
| 353. | Presumption of value and good faith |
CHAPTER 4
NEGOTIATION OF BILLS
| 354. | Negotiation of bill |
| 355. | Requisites of a valid indorsement |
| 356. | Conditional indorsement |
| 357. | Indorsement in blank and special indorsement |
| 358. | Restrictive indorsement |
| 359. | Negotiation of overdue or dishonoured bill |
| 360. | Negotiation of bill to party already liable thereon |
| 361. | Rights of the holder |
CHAPTER 5
GENERAL DUTIES OF THE HOLDER
| 362. | When presentment for acceptance is necessary |
| 363. | Time for presenting bill payable after sight |
| 364. | Rules as to presentment for acceptance and excuses for non-presentment |
| 365. | Non-acceptance |
| 366. | Dishonour by non-acceptance and its consequences |
| 367. | Duties as to qualified acceptances |
| 368. | Rules as to presentment for payment |
| 368A. | Presentment of cheque for payment: alternative place of presentment |
| 368B. | Presentment of cheque for payment: alternative means of presentment by banker |
| 369. | Excuses for delay or non-presentment for payment |
| 370. | Dishonour by non-payment |
| 371. | Notice of dishonour and effect of non-notice |
| 372. | Rules as to notice of dishonour |
| 373. | Excuses for non-notice and delay |
| 374. | Noting or protest of bill |
| 375. | Duties of holder as regards drawee or acceptor |
| 375A. | Holder not obliged to exhibit bill to secure payment |
CHAPTER 6
LIABILITIES OF PARTIES
| 376. | Funds in hand of drawee |
| 377. | Liability of acceptor |
| 378. | Liability of drawer or indorser |
| 379. | Stranger signing bill liable as indorser |
| 380. | Measure of damages against parties to dishonoured bill |
| 381. | Transfer by delivery and transferee |
CHAPTER 7
DISCHARGE OF BILL
| 382. | Payment in due course |
| 383. | Banker paying demand draft whereon indorsement is forged |
| 384. | Acceptor the holder at maturity |
| 385. | Express waiver |
| 386. | Cancellation |
| 387. | Alteration of bill |
CHAPTER 8
ACCEPTANCE AND PAYMENT FOR HONOUR
| 388. | Acceptance for honour supra protest |
| 389. | Liability for acceptor for honour |
| 390. | Presentment to acceptor for honour |
| 391. | Payment for honour supra protest |
CHAPTER 9
LOST INSTRUMENTS
| 392. | Holder's right to duplicate of lost bill |
| 393. | Action on lost bill |
CHAPTER 10
BILL IN A SET
CHAPTER 11
CONFLICT OF LAWS
| 395. | Rules where laws conflict |
PART 2
CHEQUES
| 396. | Cheque defined |
| 396A. | Cheque certification |
| 397. | Presentment of cheque for payment |
| 398. | Revocation of banker's authority |
| 399. | General and special crossings defined |
| 400. | Crossing by drawer or after issue |
| 401. | Crossing a material part of cheque |
| 402. | Duties of banker as to crossed cheques |
| 403. | Protection to banker and drawer where cheque is crossed |
| 404. | Effect of crossing on holder |
| 404A. | Non transferable cheques |
| 405. | Protection of banker |
| 405A. | Application of articles 399 to 405 to banker's drafts |
PART 3
PROMISSORY NOTES
| 406. | Promissory note defined |
| 407. | Delivery necessary |
| 408. | Joint and several notes |
| 409. | Note payable on demand |
| 410. | Presentment of note for payment |
| 411. | Liability of maker |
| 412. | Application of Part 2 to notes |
PART 4
SUPPLEMENTAL
| 413. | Signature |
| 414. | Computation of time |
| 415. | When noting equivalent to protest |
| 416. | Protest when notary not accessible |
| 416A. | Regulations |
TITLE 8
INSURANCE
PART 1
MARINE INSURANCE
| 417. | Marine insurance defined |
| 418. | Mixed sea and land risks |
| 419. | Marine adventure and maritime perils defined |
CHAPTER 1
INSURABLE INTEREST
| 420. | Avoidance of wagering or gaming contracts |
| 421. | Insurable interest defined |
| 422. | When interest must attach |
| 423. | Defeasible or contingent interest |
| 424. | Partial interest |
| 425. | Re-insurance |
| 426. | Bottomry |
| 427. | Master's and seamen's wages |
| 428. | Advance freight |
| 429. | Charges of insurance |
| 430. | Quantum of interest |
| 431. | Assignment of interest |
CHAPTER 2
INSURABLE VALUE
| 432. | Measure of insurable value |
CHAPTER 3
DISCLOSURE AND REPRESENTATIONS
| 433. | Insurance is ubeerrimae fidei |
| 434. | Disclosure by assured |
| 435. | Disclosure by agent effecting insurance |
| 436. | Representations pending negotiation of contract |
| 437. | When contract is deemed to be concluded |
CHAPTER 4
THE POLICY
| 438. | Contract must be embodied in policy |
| 439. | What policy must specify |
| 440. | Signature of insurer |
| 441. | Voyage and time policies |
| 442. | Designation of subject-matter |
| 443. | Valued policy |
| 444. | Unvalued policy |
| 445. | Floating policy by ship or ships |
| 446. | Construction of terms in policy |
| 447. | Premium to be arranged |
CHAPTER 5
DOUBLE INSURANCE
CHAPTER 6
WARRANTIES, ETC.
| 449. | Nature of warranty |
| 450. | When breach of warranty excused |
| 451. | Express warranties |
| 452. | Warranty of neutrality |
| 453. | No implied warranty of nationality |
| 454. | Warranty of good safety |
| 455. | Warranty of seaworthiness of ship |
| 456. | No implied warranty that goods are seaworthy |
| 457. | Warranty of legality |
CHAPTER 7
THE VOYAGE
| 458. | Implied condition as to commencement of risk |
| 459. | Alteration of port of departures |
| 460. | Sailing for different destination |
| 461. | Change of voyage |
| 462. | Deviation |
| 463. | Several ports of discharge |
| 464. | Delay in voyage |
| 465. | Excuses for deviation or delay |
CHAPTER 8
ASSIGNMENT OF POLICY
| 466. | When and how policy is assignable |
| 467. | Assured who has no interest cannot assign |
CHAPTER 9
THE PREMIUM
| 468. | When premium payable |
| 469. | Policy effected through broker |
| 470. | Effect of receipt on policy |
CHAPTER 10
LOSS AND ABANDONMENT
| 471. | Included and excluded losses |
| 472. | Partial and total loss |
| 473. | Actual total loss |
| 474. | Missing ship |
| 475. | Effect of transhipment, etc. |
| 476. | Constructive total loss defined |
| 477. | Effect of constructive total loss |
| 478. | Notice of abandonment |
| 479. | Effect of abandonment |
CHAPTER 11
PARTIAL LOSSES
| 480. | Particular average loss |
| 481. | Salvage charges |
| 482. | General average loss |
CHAPTER 12
MEASURE OF INDEMNITY
| 483. | Extent of liability of insurer for loss |
| 484. | Total loss |
| 485. | Partial loss of ship |
| 486. | Partial loss of freight |
| 487. | Partial loss of goods, merchandise, etc. |
| 488. | Apportionment of valuation |
| 489. | General average contributions and salvage charges |
| 490. | Liabilities to third parties |
| 491. | General provision as to measure of indemnity |
| 492. | Particular average warranties |
| 493. | Successive losses |
| 494. | Suing and labouring clause |
CHAPTER 13
RIGHTS OF INSURER ON PAYMENT
| 495. | Right of subrogation |
| 496. | Right of contribution |
| 497. | Effect of under insurance |
CHAPTER 14
RETURN OF PREMIUM
| 498. | Enforcement of return |
| 499. | Return by agreement |
| 500. | Return for failure of consideration |
CHAPTER 15
MUTUAL INSURANCE
| 501. | Modification in case of mutual insurance |
CHAPTER 16
SUPPLEMENTAL
| 502. | Ratifications by assured |
| 503. | Slip as evidence |
| 504. | Interpretation of terms |
| Appendix | |
PART 2
CONTRACTS OF INSURANCE OTHER THAN MARINE
| 505. | Application of foregoing principles |
| 506. | Proof of conditions and events |
| 507. | Knowledge of agent |
| 508. | Conditions precedent |
CHAPTER 1
LIFE ASSURANCE
| 509. | Definition |
| 510. | Life policy |
| 511. | Sum insured, how payable |
| 512. | Gaming and wagering |
| 513. | Insurable interest |
| 514. | Form of policy |
| 515. | Payment of premium |
| 516. | Death by felony |
| 517. | At what time sufficient |
| 518. | Insurable value |
| 519. | When and how policy is assignable |
| 520. | Foreign insurers |
| 521. | Lien on policy for premiums |
| 522. | Debtor and creditor |
| 523. | Novation |
CHAPTER 2
FIRE INSURANCE
| 524. | Contract defined |
| 525. | Policy and risk |
| 526. | Duration |
| 527. | Personal nature of contract |
| 528. | Interest |
| 529. | Description of property |
| 530. | Locality |
| 531. | Alteration of premises |
| 532. | Value at time of loss |
| 533. | Losses covered by policy |
| 534. | Contribution |
| 535. | Fraudulent claims |
| 536. | Insurer's liability |
| 537. | Reinstatement |
| 538. | Assignment of policy |
CHAPTER 3
ACCIDENT AND GUARANTEE
| 539. | Accident insurance defined |
| 540. | Construction of accident policies |
| 541. | Guarantee insurance defined |
| 542. | Relation to ordinary guarantees |
TITLE 9
BANKRUPTCY
PART 1
PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE
CHAPTER 1
ACTS OF BANKRUPTCY
CHAPTER 2
RECEIVING ORDER
| 545. | Receiving order |
| 546. | When creditor may petition |
| 547. | Proceedings on creditor's petition |
| 548. | Order on debtor's petition |
| 549. | Effect of receiving order |
| 550. | Power to appoint special manager |
| 551. | Advertisement of receiving order |
CHAPTER 3
PROCEEDINGS CONSEQUENT ON ORDER
| 552. | First meeting of creditors |
| 553. | Debtor's statement of affairs |
CHAPTER 4
PUBLIC EXAMINATION OF DEBTOR
| 554. | Public examination of debtor |
CHAPTER 5
COMPOSITION OR SCHEME OF ARRANGEMENT
| 555. | Composition, etc. |
| 556. | Effect of composition or scheme |
CHAPTER 6
ADJUDICATION OF BANKRUPTCY AND APPOINTMENT OF TRUSTEE
| 557. | Adjudication where composition not accepted or approved |
| 558. | Appointment of trustee |
| 559. | Power to accept composition or scheme after adjudication |
CHAPTER 7
CONTROL OVER PERSON AND PROPERTY OF DEBTOR
| 560. | Duties of the debtor as to discovery and realisation of property |
| 561. | Arrest of debtor under certain circumstances |
| 562. | Re-direction of debtor's letters |
| 563. | Discovery of debtor's property |
CHAPTER 8
DISCHARGE OF BANKRUPT
| 564. | Discharge of bankrupt |
| 565. | Effect of order of discharge |
PART 2
DISQUALIFICATIONS OF BANKRUPT
| 566. | Disqualifications of bankrupt |
| 567. | Vacating of office |
| 568. | Annulling adjudication and the effect thereof |
| 569. | Meaning of payment of debt in full |
PART 3
ADMINISTRATION OF PROPERTY
CHAPTER 1
PROOF OF DEBTS
| 570. | Description of debts provable in bankruptcy |
| 571. | Mutual credit and set off |
| 572. | Proof of debts |
| 573. | Priority of debts |
CHAPTER 2
PROPERTY AVAILABLE FOR PAYMENT OF DEBTS
| 574. | Relation back of trustee's title |
| 575. | Description of bankrupt's property divisible amongst creditors |
CHAPTER 3
EFFECT OF BANKRUPTCY ON ANTECEDENT TRANSACTIONS
| 576. | Rights of creditors and duties of sheriff as to seizures in execution |
| 577. | Avoidance of voluntary preferences |
| 578. | Avoidance of fraudulent preferences |
| 579. | Protection of bona fide transactions without notice |
CHAPTER 4
REALISATION OF PROPERTY
| 580. | Possession of property by trustee |
| 581. | Seizure of property of bankrupt |
| 582. | Appropriation of portion of salary to creditors |
| 583. | Vesting and transfer of property |
| 584. | Disclaimer of onerous property |
| 585. | Powers of trustee |
CHAPTER 5
DISTRIBUTION OF PROPERTY
| 586. | Declaration and distribution of dividends |
| 587. | Joint and separate dividends |
| 588. | Provision for distant creditors disputed claims, etc. |
| 589. | Rights of creditor who has not proved before declarion of dividend |
| 590. | Final dividend |
| 591. | No action for dividend |
| 592. | Power to allow bankrupt to manage property |
| 593. | Bankrupt's right to surplus |
PART 4
RECEIVER AND TRUSTEE
CHAPTER 1
DUTIES
| 594. | Duties of receiver as to the debtor's conduct |
| 595. | Duties of receiver as to debtor's estate |
CHAPTER 2
REMUNERATION
| 596. | Remuneration of trustee |
CHAPTER 3
RECEIPTS, PAYMENTS, ACCOUNTS, AUDIT
| 597. | Payment of money into bank |
| 598. | Trustee not to pay into private account |
| 599. | Audit of trustee's accounts |
| 600. | Trustee to furnish list of creditors |
| 601. | Books to be kept by trustee |
| 602. | Liability for misfeasance, etc. |
CHAPTER 4
RELEASE
| 603. | Effect of application for release |
CHAPTER 5
OFFICIAL NAME
| 604. | Official name of trustee |
CHAPTER 6
APPOINTMENT AND REMOVAL
| 605. | Power to appoint joint or successive trustee |
| 606. | Office of trustee vacated by insolvency |
| 607. | Removal of trustee |
| 608. | Proceedings on vacancy in office of trustee |
CHAPTER 7
CONTROL
| 609. | Discretionary powers of trustee and control |
| 610. | Appeal to court against trustee |
PART 5
SPECIAL PROVISIONS
CHAPTER 1
PROCEDURE AND POWERS OF COURT
| 611. | Bankruptcy matters, how entitled and heard |
| 612. | Consolidation of petitions |
| 613. | Power to change carriage of proceedings |
| 614. | Continuance of proceedings on death of debtor |
| 615. | Power to stay proceedings |
| 616. | Execution of search warrant |
| 617. | Execution of companies |
CHAPTER 2
ADMINISTRATION OF PARTNERSHIP ESTATES
| 618. | Administration of partnership estates |
| 619. | Application of bankruptcy law to limited partnerships |
CHAPTER 3
SMALL BANKRUPTCIES
| 620. | Receiving order where debts or assets not likely to exceed $480 |
CHAPTER 4
BANKRUPTCY OF DECASED DEBTORS
| 621. | Administration in bankruptcy of estate of debtor dying insolvent |
CHAPTER 5
MISCELLANEOUS
| 622. | Rules, forms and tariffs |
| 623. | Evidence of proceedings at meetings of creditors |
| 624. | Formal defect not to invalidate proceedings |
| 625. | Unclaimed dividends |
| 626. | Provision in case of misdemeanour |
| 627. | Certain provisions to bind the crown |
TITLE 10
PATENTS, DESIGNS, AND TRADE MARKS
PART 1
PATENTS
CHAPTER 1
APPLICATION FOR AND GRANT OF PATENT
| 628. | Application |
| 629. | Complete and provision specifications |
| 630. | Contents of specification |
| 631. | Priority date of claims of complete specification |
| 632. | Examination of applicationn |
| 633. | Refusal of application in certain cases |
| 634. | Right of applicant to be heard |
| 635. | Assistance and remuneration of experts |
| 636. | Acceptance and publication of complete specification |
| 637. | Effect of acceptance of complete specification |
| 638. | Opposition to grant of patent |
| 639. | Grant and sealing of patent |
| 640. | Date of patent |
| 641. | Form of patent |
| 642. | Fraudulent applications for patents |
| 643. | Single patent for cognate inventions |
CHAPTER 2
TERM OF PATENT
| 644. | Term of patent |
| 645. | Extension of term of patent |
| 646. | Patents of addition |
CHAPTER 3
RESTORATION OF LAPSED PATENTS
| 647. | Restoration of lapsed patents |
CHAPTER 4
AMENDMENT OF SPECIFICATION
| 648. | Amendment of specification by registrar |
| 649. | Amendment of specification by the court |
| 650. | Restriction on recovery of damages |
| 651. | Advertisement of amendment |
CHAPTER 5
COMPULSORY LICENCES AND REVOCATION
| 652. | Court may order patentee to grant licences |
| 653. | Revocation of patent |
CHAPTER 6
LEGAL PROCEEDINGS
| 654. | Particulard |
| 655. | Hearing with assessor |
| 656. | Power to counter-claim for revocation in an action for infringement |
| 657. | Exemption of innocent infringer from liability for damages |
| 658. | Order for inspection, etc., in action |
| 659. | Certificate of validity questioned and costs thereon |
| 660. | Remedy in case of groundless threats of legal proceedings |
CHAPTER 6A
REGISTRATION OF UNITED KINGDOM PATENTS
| 660A. | Registration of United Kingdom patents |
PART 2
DESIGNS
CHAPTER 1
REGISTRATION OF DESIGNS
| 661. | Application for registration of designs |
| 662. | Registration of designs in new classes |
| 663. | Certificate of registration |
| 663A. | Protection of designs registered in United Kingdom |
CHAPTER 2
COPYRIGHT IN REGISTERED DESIGNS
| 664. | Copyright on registration |
| 665. | Requirements before delivery on sale |
| 666. | Effect of disclosure on copyright |
| 667. | Inspection of registered designs |
| 668. | Information as to existence of copyright |
| 669. | Ceasing of copyright |
CHAPTER 3
LEGAL PROCEEDINGS
| 670. | Piracy of registered design |
| 671. | Application to designs of certain provisions as to patents |
PART 3
TRADE MARKS
CHAPTER 1
REGISTRABLE TRADE MARKS
| 672. | Trade mark must be for particular goods or services |
| 673. | Registrable trade marks |
| 674. | Coloured trade marks |
| 675. | Restriction on registration |
CHAPTER 2
REGISTRATION OF TRADE MARKS
| 676. | Application for registration |
| 677. | Advertisement of application |
| 678. | Opposition to registration |
| 679. | Disclaimers |
| 680. | Date of registration |
| 681. | Certificate of registration |
| 682. | Non-completion of registration |
CHAPTER 3
IDENTICAL AND ASSOCIATED MARKS
| 683. | Identical marks |
| 684. | Rival claims to identical marks |
| 685. | Concurrent user |
| 686. | Associated trade marks |
| 687. | Combined trade marks |
| 688. | Series of trade marks |
| 689. | Assignment and user of associated trade marks |
| 690. | Application for registration |
| 691. | Standardisation |
| 691A. | Defensive registration of well known trade marks |
CHAPTER 4
ASSIGNMENT AND RENEWAL
| 692. | Powers of, and restrictions on, assignment and transmission |
| 693. | Apportionment of marks on dissolution of partnership |
| 694. | Duration of registration |
| 695. | Renewal of registration |
| 696. | Procedure on expiry of period of registration |
| 697. | Status of unrenewed trade mark |
| 698. | Removal from register and imposition of limitations on ground of non-use |
CHAPTER 4A
REGISTERED USERS
CHAPTER 5
EFFECT OF REGISTRATION
| 699. | Powers of registered proprietor |
| 700. | Rights of proprietor of trade mark |
| 701. | Registration to be prima facie evidence of validity |
| 702. | Registration to be conclusive after 7 years |
| 703. | Unregistered trade mark |
| 704. | Infringement |
| 705. | User of name, address or description of goods |
| 706. | “Passing off” action |
PART 4
GENERAL
CHAPTER 1
INTERNATIONAL AND INTERCOLONIAL ARRANGEMENTS
| 707. | International and inter-colonial arrangements |
CHAPTER 2
DEFINITIONS
| 708. | Registrar and office |
| 709. | Interpretation |
CHAPTER 3
THE REGISTER
| 710. | Register of patents, designs and trade marks |
| 711. | No trust to be entered |
| 712. | Inspection of and extract from register |
| 713. | Publication of annual list |
| 714. | Transmission of copies to England |
CHAPTER 4
CORRECTION AND RECTIFICATION OF REGISTER
| 715. | Power for registrar to correct clerical errors |
| 716. | Entry of assignments and transmissions in registers |
| 717. | Rectification of registers by court |
| 717A. | Power to expunge or vary registration for breach of condition |
| 718. | Registrar to have notice of proceeding for rectification |
| 719. | Costs of proceedings before the court |
CHAPTER 5
OFFENCES
| 720. | Falsification of entries in register |
| 721. | False respresentations in respect to patents or designs |
| 722. | Unauthorised assumption of royal arms |
| 723. | Penalty on falsely representing a trade mark as registered |
CHAPTER 6
SUPPLEMENTAL PROVISIONS
| 724. | Evidence |
| 725. | Extension of time |
| 726. | Patent to bind Crown |
| 727. | Saving for prerogative |
| 728. | Fees |
| 729. | Appeals |
| 730. | Rules and forms |
| Appendix | |
| Schedule | |
| 731. | Final provision |
Commencement [1 July 1917]