licence under or in respect thereof which may have been granted by the Custodian under "The Trading with the Enemy Amendment Act, 1914," and any such licence shal' be and remain as valid and effectual as if this Order hac not been made. (2.) The Board of Trade shall as regards any licence which has been granted as aforesaid under the copyright have power upon the application of the licensee or of the owner of the copyright to make such revisions or amendments in the licence as may be thought fit whether as regards the royalty payable thereunder or otherwise. (3.) The licensee shall be entitled to call upon the owner of the copyright to take proceedings to prevent infringement thereof and if within two months after being so called upon such owner fails to take the required proceedings the licensee may institute the same in his own name as though he himself were the owner of the copyright, making the actual owner thereof a defendant, but so nevertheless that such owner when so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 11. Any application to be made under any provision of this Order shall be made to the Comptroller, Industrial Property Department, Board of Trade, 25, Southampton Buildings, London, W.C. 2. 12. The Board of Trade may from time to time make such rules as may be necessary or expedient for the purpose of carrying out the provisions of this Order and by any such rules may regulate the procedure to be followed, and may prescribe the payment of fees and fix the amount thereof and any such rules whilst in force shall be of the same effect as if the same were contained in this Order. 13. This Order shall not nor shall anything herein contained apply to any copyright or any interest, right, title or share in, of, or to a copyright which has been effectually dealt with in or for the purpose of the liquidation of any business or company as regards which a winding-up Order has been made under or in pursuance of " The Trading with the Enemy Acts, 1914 to 1918," or any of them. 14. The Board of Trade may at any time revoke or vary this Order and any provisions herein contained as well as any rules made under Clause 12 of this Order. Dated this 9th day of November, 1920. R. S. HORNE, President of the Board of Trade. BRITISH ORDER IN COUNCIL further amending "The Treaty of Peace Order, 1919."-London, November 9, 1920.* At the Court at Buckingham Palace, the 9th day of November, 1920. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS in pursuance of the powers conferred on him by The Treaty of Peace, Act, 1919," His Majesty in Council was pleased to make "The Treaty of Peace Order, 1919" (hereinafter referred to as the "Principal Order "); And whereas the Principal Order was amended by "The Treaty of Peace (Amendment) Order, 1920 ";§ And whereas it is expedient that the Principal Order as so amended should be further amended in manner hereinafter appearing: Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, as follows: 1. The provisions of the Principal Order, 1919, as amended by "The Treaty of Peace (Amendment) Order, 1920," set out in the first column of the Schedule to this Order shall be amended in the manner shown in the second column of that Schedule. 2. Paragraph (vi) of Article 1 of the Principal Order shall have effect and shall be deemed always to have had effect as if the words or any other person were therein inserted after the word "creditor." 3. Paragraph (xvii) of Article 1 of the Principal Order shall have effect and shall be deemed always to have had effect as if at the end thereof the following sub-paragraph were added "(f.) The Custodian shall have power to charge such fees in respect of his duties under this paragraph, whether by way of percentage or otherwise, as the Treasury may fix, and the fees shall be collected and accounted for by such persons in such manner and shall be paid to such account as the Treasury direct, and the incidence of the fees as between capital and income shall be determined by the Custodian.' 4. This Order may be cited (Amendment) (No. 2) Order, as The Treaty of Peace 1920," and the Principal "London Gazette," January 21, 1921. + Vol. CXII, page 600. § Page 77. licence under or in respect thereof which may have been granted by the Custodian under "The Trading with the Enemy Amendment Act, 1914," and any such licence shal' be and remain as valid and effectual as if this Order hac not been made. (2.) The Board of Trade shall as regards any licence which has been granted as aforesaid under the copyright have power upon the application of the licensee or of the owner of the copyright to make such revisions or amendments in the licence as may be thought fit whether as regards the royalty payable thereunder or otherwise. (3.) The licensee shall be entitled to call upon the owner of the copyright to take proceedings to prevent infringement thereof and if within two months after being so called upon such owner fails to take the required proceedings the licensee may institute the same in his own name as though he himself were the owner of the copyright, making the actual owner thereof a defendant, but so nevertheless that such owner when so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 11. Any application to be made under any provision of this Order shall be made to the Comptroller, Industrial Property Department, Board of Trade, 25, Southampton Buildings, London, W.C. 2. 12. The Board of Trade may from time to time make such rules as may be necessary or expedient for the purpose of carrying out the provisions of this Order and by any such rules may regulate the procedure to be followed, and may prescribe the payment of fees and fix the amount thereof and any such rules whilst in force shall be of the same effect as if the same were contained in this Order. 13. This Order shall not nor shall anything herein contained apply to any copyright or any interest, right, title or share in, of, or to a copyright which has been effectually dealt with in or for the purpose of the liquidation of any business or company as regards which a winding-up Order has been made under or in pursuance of "The Trading with the Enemy Acts, 1914 to 1918," or any of them. 14. The Board of Trade may at any time revoke or vary this Order and any provisions herein contained as well as any rules made under Clause 12 of this Order. Dated this 9th day of November, 1920. R. S. HORNE, President of the Board of Trade. BRITISH ORDER IN COUNCIL further amending "The Treaty of Peace Order, 1919."-London, November 9, 1920.* At the Court at Buckingham Palace, the 9th day of November, 1920. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. 66 WHEREAS in pursuance of the powers conferred on him by The Treaty of Peace, Act, 1919," His Majesty in Council was pleased to make "The Treaty of Peace Order, 1919 " (hereinafter referred to as the "Principal Order "); 66 And whereas the Principal Order was amended by The Treaty of Peace (Amendment) Order, 1920 ";§ And whereas it is expedient that the Principal Order as so amended should be further amended in manner hereinafter appearing: Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, as follows: 1. The provisions of the Principal Order, 1919, as amended by "The Treaty of Peace (Amendment) Order, 1920," set out in the first column of the Schedule to this Order shall be amended in the manner shown in the second column of that Schedule. 2. Paragraph (vi) of Article 1 of the Principal Order shall have effect and shall be deemed always to have had effect as if the words or any other person were therein inserted after the word "creditor." 66 3. Paragraph (xvii) of Article 1 of the Principal Order shall have effect and shall be deemed always to have had effect as if at the end thereof the following sub-paragraph were added "(f.) The Custodian shall have power to charge such fees in respect of his duties under this paragraph, whether by way of percentage or otherwise, as the Treasury may fix, and the fees shall be collected and accounted for by such persons in such manner and shall be paid to such account as the Treasury direct, and the incidence of the fees as between capital and income shall be determined by the Custodian. 4. This Order may be cited as "The Treaty of Peace (Amendment) (No. 2) Order, 1920," and the Principal "London Gazette," January 21, 1921. + Vol. CXII, page 600. § Page 77. Order, The Treaty of Peace (Amendment) Order, 1920," and this Order may be cited together as "The Treaty of Peace Orders, 1919 to 1920." SCHEDULE. ALMERIC FITZROY. Nature of Amendment. After the words found due," there shall be inserted the words together with such interest as aforesaid." For the words "Board of Trade" there shall be substituted the words "Clearing Office." At the end of sub-paragraph (c) there shall be added the words and to require any person having in his possession any documents of title to any such stock, shares or other securities to deliver the same to him, and an acknowledg ment signed by him of such delivery to him, shall be a sufficient discharge to the person delivering the same." After sub-paragraph (cc) the following sub-paragraphs shall be inserted : 66 (ccc) Where the property, right or interest subject to the charge, consists of any sum of money due to a German national (not being an enemy debt within the meaning of Article 296 of the Treaty), it shall be payable to the Custodian, and shall be paid to him on demand, and the Custodian shall have power to enforce the payment thereof, and for that purpose shall have all such rights and powers as if he were the creditor. (eece) A certificate by the Custodian that any property, right or interest is subject to the charge shall be sufficient evidence of the facts stated in the certificate, and where any such application, requirement or demand of the Custodian as aforesaid is accompanied by such a certificate the company, municipal authority or other body by whom the securities were issued or are managed, the person in possession of the property transferable by delivery, or the person by whom a sum of money is due shall comply with the application, requirement or demand, and shall not be liable to any action or other legal proceeding in respect of such compliance, but if it is subsequently proved that the property, right or interest was not subject to the charge, the owner thereof shall be entitled to recover the same from the Custodian or if it has been sold the proceeds of sale but not to any other remedy." 1 (xviii) For the words ten months" there shall be substituted the words "sixteen months." |