746

Disability
persons in
default.

Ch. 31. No.3.] Registration of Business Names.

this Ordinance, every partner in the firm or the person so in
default shall be liable to a fine of twenty-four dollars for
every day during which the default continues, and the
Magistrate shall order a statement of the required particulars
or change in the particulars to be furnished to the Registrar
within such time as may be specified in the order.

10. (1) Where any firm or person by this Ordinance
required to furnish a statement of particulars or of any
change in particulars shall have made default in so doing,
then the rights of that defaulter under or arising out of any
contract made or entered into by or on behalf of such
defaulter in relation to the business in respect to the
carrving on of which particulars were required to be furnished
at any time while he is in default shall not be enforceable
by action or other legal proceeding cither in the business
name or otherwise

Provided that—-

(a) the defaulter may apply to the Court for relief
against the disability imposed by this section, and the
Court, on being satisfied that the default was acci-
dental, or due to inadvertence or some other sufficient
cause, or that on other grounds it is just and equitable
to grant relief, may grant such relief cither gencrally
or as respects any particular contracts, on condition
of the costs of the application being paid by the
defaulter, unless the Court otherwise orders, and on
such other conditions (if any) as the Court may impose.
but such relief shall not be granted except on such
service and such publication of notice of the application
as the Court may order, nor shall relief be given in
respect of any contract if any party to the contract
proves to the satisfaction of the Court that, if this
Ordinance had been complied with, he would not have
entered into the contract ;

(6) nothing herein contained shall prejudice the
rights of any other parties as against the defaulter in
respect of such contract as aforesaid ;

(c) if any action or proceeding shall be commenced
by any other party against the defaulter to enforce the
rights of such party in respect of such contract, nothing
herein contained shall preclude the defaulter from