Ireland and the Post Office of the German Empire for the exchange of money orders, including the modification effected by exchange of notes between the British and German postal administrations dated respectively the 24th January, 1920, and the 6th February, 1920, in regard to the method of settlement of accounts.

The use of the words "German Protectorates " and "German Postal Agencies in foreign countries" in Articles 1, 5, 8, and 17 is contrary to the stipulations of the Treaty of Versailles. These words are therefore not included in the revival and must be regarded as excised from the Agreement.

(b.) Arrangement between the Money Order Department of the Government of India and the Post Office Department of the German Empire, signed in Berlin the 20th May, 1880, and in Simla the 22nd June, 1880, for the exchange of money orders.

BRITISH ORDER IN COUNCIL amending "The Treaty of Peace Order, 1919."-London, June 28, 1920.*

At the Court at Buckingham Palace, the 28th day of June, 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,"‡ and it is expedient that the said Order should be 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 Treaty of Peace Order, 1919," 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.

66

2. Paragraph (xvi) of Article 1 of The Treaty of Peace Order, 1919," shall have effect and shall be deemed always to have had effect as if for the proviso to that paragraph the following proviso were contained therein :

Provided that any particular property rights or interests so charged may at any time be released by the Custodian * "London Gazette," July 27, 1920.

+ Vol. CXII, page 600.

Vol. CXII, page 616

acting under the general direction of the Board of Trade from the charge so created."

3. This Order may be cited as "The Treaty of Peace (Amendment) Order, 1920.”

ALMERIC FITZROY.

Article.

1

1 (x)

1 (xi)

1 (xiv)

SCHEDULE.

Nature of Amendment.

For the words "this Act" there shall be substituted "this
Order."

At the end the following words shall be inserted :

The Clearing Office may make rules, subject to the approval of the President of the Board of Trade, for prescribing the manner in which the powers and duties conferred upon the Clearing Office by this Order shall be exercised."

At the end the following words shall be inserted :

"In any proceeding by the Clearing Office to enforce payment of a debt or fine, a report purporting to be signed by the Controller or by the Secretary shall be evidence of the facts therein stated."

The following paragraph shall be inserted after paragraph (xiv)

(xiva) The Board of Trade may undertake on behalf of a British national the presentation to and conduct before the Mixed Arbitral Tribunal of any claim difference or dispute referable to the Tribunal under the provisions of Sections IV, V and VII of Part X of the Treaty, and may make regulations with the consent of the Treasury in respect of the fees to be charged in respect of such services."

1 (xvi) The following words shall be inserted after the words "the 4th day of August, 1914" :

"but SO nevertheless that the claims of British nationals for the proceeds of the liquidation of their property, rights and interests mentioned in Section IV of Part X of the Treaty and in the annex thereto, and for the enemy debts owing to them referred to in Article 296 of the Treaty, shall rank in priority to any of the other claims above mentioned."

1 (xvii) In sub-paragraph (a), after the words "the Custodian" the following words shall be inserted :

"acting under the general direction of the Board of Trade."

After sub-paragraph (a) the following paragraph shall be inserted :

"(aa) The Court may on the application of the Clearing Office or the Custodian require any person known or suspected to have in his possession or under his control or management any property, right or interest subject to charge, including any person known or suspected to owe a debt to a German national, or any person whom the Court may consider capable of giving information respecting the same, subject to payment or tender of reasonable expenses of his attendance, to

Article.

Nature of Amendment.

attend as a witness and to give evidence or produce documents before the Court or before such officer as the Court may appoint for the purpose of examining into the matter, who shall have power to take evidence and administer oaths, and if any person fails without reasonable excuse to comply with any of the provisions of the order, or wilfully gives false evidence, he shall, on summary conviction, be liable to a fine not exceeding 100%, or to imprisonment for a term not exceeding three months, or to both such imprisonment and fine.

For the purposes of this paragraph the Court' means the High Court or a judge thereof, or a County Court. or in Scotland, the Court of Session or a Sheriff Court." In sub-paragraph (c), after the words "by the Custodian," the following words shall be inserted :

notwithstanding any regulation or stipulation of the company or other body, and notwithstanding that the Custodian is not in possession of the certificate scrip or other document of title relating to the shares, stock or securities to which the application relates."

After sub-paragraph (c) the following paragraph shall be inserted :

"(cc) Where the property charged consists of property transferable on delivery any person having the possession, control, or management of the property shall, on being so required by the Custodian, deliver the property to him, and the Custodian shall, subject to the consent of the Board of Trade, have power to sell or otherwise deal with the property so delivered to him."

In sub-paragraph (d) for the words "Section 4" there shall be substituted the words "Sub-Sections (1) to (4) of Section 4."

1 (xviii) For the words Article 300" where those words secondly occur there shall be substituted the words " Article 301," and for the words "six months" where those words secondly occur there shall be substituted the words "ten months."

3

46

For the words "except the Dominion of Canada" to "and India" inclusive there shall be substituted the words 'except India and the self-governing Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia (which for this purpose shall be deemed to include Papua and Norfolk Island), the Union of South Africa, the Dominion of New Zealand, and Newfoundland."

At the end of the same article the following proviso shall be added:

Provided also that if a Local Clearing Office is established in India or in any self-governing Dominion, the provisions of this Order relating to the Clearing Office shall apply with respect to the relations between the Central Clearing Office and the Local Clearing Office and to transactions on behalf of the Local Clearing Office which must be effected through the Central Clearing Office, or which may be effected by the Central Clearing Office at the request of the Local Clearing Office."

BRITISH ORDER IN COUNCIL applying to India certain provisions of the Treaty of Peace with Germany, signed at Versailles, June 28, 1919.-London, June 28, 1920.*

At the Court at Buckingham Palace, the 28th day of
June, 1920.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord President.

Earl of Desart.

Lord Steward.

Lord Somerleyton.

WHEREAS at Versailles on the 28th day of June, 1919, a Treaty of Peace (hereinafter referred to as "the Treaty ") was signed on behalf of His Majesty;

And whereas by The Treaty of Peace Act, 1919," it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council and do such things as appeared to him to be necessary for carrying out the Treaty, and for giving effect to any of the provisions of the Treaty, and that any Order in Council made under that Act might provide for the imposition by summary process or otherwise of penalties in respect of breaches of the provisions thereof:

And whereas the Treaty contained the sections set out in the Schedule to this Order, and it is expedient that for giving effect to those sections the provisions hereinafter contained should have effect;

And whereas by treaty, grant, usage, sufferance or other lawful means His Majesty has power and jurisdiction in territories and in regard to persons in India outside British India and is pleased by virtue and in exercise of the powers vested in him by The Foreign Jurisdiction Act, 1890, and all other powers enabling him in this behalf to extend the provisions of this Order to such territories or persons:

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 sections of the Treaty set out in the Schedule to this Order shall have full force and effect as law, and for the purpose of carrying out the said sections the following provisions shall have effect:

(i.) There shall be established in India at such place as the Governor-General in Council may determine a Local Clearing Office under the control and management of such person (hereinafter referred to as the Controller) as the *"London Gazette," July 2, 1920.

+ Vol. CXII, page 1.

Vol. CXII, page 600.

Governor-General in Council may appoint for the purpose. and there shall be attached thereto such officers and servants on such salaries or other remuneration as the GovernorGeneral in Council may determine.

(ii.) It shall not be lawful for any person to pay or accept payment of any enemy debt except in cases where recovery thereof in a Court of law is allowed as hereinafter provided, otherwise than through the Local Clearing Office established under this Order or the Clearing Office established for the purposes of the Treaty in the United Kingdom and no person interested in any such debt as debtor or creditor shall have any communications with any other person interested therein as creditor or debtor except through or by leave of either of such Offices. Any person contravening this provision shall on conviction be punished with imprisonment for a term which may extend to two years or with fine or with both:

Provided that

(a.) In the case of any Company contravening this provision, every director, manager, secretary or other officer of the Company who is knowingly a party to the transaction. shall be deemed guilty of the offence.

(b.) A prosecution for such offence shall not be instituted except with the sanction of the Governor-General in Council.

(iii.) It shall not be lawful for any person to take proceedings in any Court for the recovery of any enemy debt except in the circumstances provided under paragraphs 16, 23 and 25 of the Annex to Section III of the Treaty.

(iv.) The Local Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to the said Section III, and for that purpose shall have all such rights and powers as if it were the creditor; and if the debt has been admitted by the debtor or the debt or amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal or by a Court of law in manner provided by paragraph 16 of the Annex to the said Section III, the Local Clearing Office may certify the amount so admitted or found due, and on application by it, in the principal civil Court of original jurisdiction of the place in which the debtor resides, the certificate shall be filed in such Court and thereafter all proceedings may be taken thereon, as if the certificate were a decree obtained in that Court for the recovery of a debt of the amount specified in the certificate and signed on the date of such filing, and all reasonable costs and charges attendant upon the filing of such certificate shall be recoverable in like manner as if they were part of such decree.