REGISTRATION OF BUSINESS NAMES ACT, 1916 797

(b)

may grant such relief either generally, 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 Act had been complied with, he would
not have entered into the contract;

Nothing herein contained shall prejudice the rights of
any other parties as against the defaulter in respect of
such contract as aforesaid:
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 enforcing
in that action or proceeding, by way of counterclaim
set off or otherwise, such rights as he may have against
that party in respect of such contract.

(2) In this section the expression ‘‘ court’ means the ‘“ High
Court” or a judge thereof:

Provided that, without prejudice to the power of the High
Court or a judge thereof to grant such relief as aforesaid, if any
proceeding to enforce any contract is commenced by a defaulter
in a county Court, the county court may, as respects that contract
grant such relief as aforesaid.
ao.—If any statement required to be furnished under this Act Penalty for
7 7 y . . y false state-

contains any matter which is false in any material particular to ments.
the knowledge of any person signing it, that person shall, on
summary conviction, be liable to imprisonment with or without
hard labour for a term not exceeding three months, or to a fine
not exceeding twenty pounds. or to both such imprisonment and
fine
10.—(1) The Board of Trade may require any person to furnish
to the Board such particulars as appear necessary to the Board for
the purpose of ascertaining whether or not he or the firm of which
he is partner should be registered under this Act, or an alteration
made in the registered particulars, and may also in the case of a
corporation require the secretary or any other officer of a corpora-
tion performing the duties of secretary to furnish such particulars,
and if any person when so required fails to supply such particulars
as it is in his power to give, or furnishes particulars which are
false in any material particular, he shall on summary conviction
be liable to imprisonment with or without hard labour for a term
not exceeding three months or to a fine not exceeding twenty
pounds or to both such imprisonment and fine

Duty to fur-
nish particulars
to Board of
Trade