Page images
PDF
EPUB

shall be substituted for any reference to the Minister of Health.

22.—(1.) Nothing in this Order shall apply to any duly accredited head of a foreign diplomatic mission or any member of his household or of his official staff.

(2.) Unless the Secretary of State otherwise directs, either generally or in any particular case, nothing in this Order or regulations made thereunder shall apply to any alien who for the time being is in receipt of full pay as a member of His Majesty's naval, military, or air forces, or to the wife or child under the age of 21 years of any such alien.

23.—(1.) Where by any Order in Council for the time being in force made after the making of this Order any articles or words are directed to be added to or omitted from this Order or to be substituted for any other articles or words in this Order, then copies of this Order printed under the authority of His Majesty's Stationery Office after such direction takes effect may be printed with the articles or words added or omitted or substituted for other articles or words as such direction required and with the articles and subsections thereof numbered in accordance with such direction, and this Order shall be construed as if it had at the time at which such direction takes effect been made with such addition, omission, or substitution.

(2.) A reference in any Order in Council or other document to this Order shall, unless the context otherwise requires, be construed to refer to this Order as amended by any Order in Council for the time being in force.

(3.) The provisions of this article shall apply to orders of the Secretary of State made under this Order varying the First, Second, or any subsequent Schedule to this Order as they apply to Orders in Council.

[ocr errors]

24.—(1.) This Order may be cited as The Aliens Order,

[merged small][ocr errors]

(2.) All Orders heretofore made under "The Aliens Restriction Act, 1914," are hereby revoked, but without prejudice to the validity of anything done or any appointment made under those Orders, and any alien duly registered under those Orders with a registration officer shall be deemed to be duly registered under this Order at the date hereof, and an identity book issued under those Orders shall, until called in by a registration officer, be for the purposes of this Order equivalent to a registration certificate."

(3.) This Order shall come into force on the 1st day of September, 1919. ALMERIC FITZROY.

SCHEDULES.

FIRST SCHEDULE.

Particulars to be Furnished on Registration.

1. Name in full and sex.

2. Present nationality and how and when acquired and previous nationality (if any).

3. Date and country of birth.

4. Profession or occupation.

5. Date, place and mode of arrival in United Kingdom.

6. Address of residence in United Kingdom.

7. Address of last residence outside the United Kingdom.

8. Photograph (which, if not furnished by the alien, may be taken by the registration officer).

9. Government services, name of country served, nature and duration of service, and rank or appointments held.

10. Particulars of passport or other document establishing nationality and identity.

11. Signature (which, if required, shall be in the characters of the language of the alien's nationality) and finger prints if required.

12. Any other matters of which particulars are required by the registration officer.

[blocks in formation]

BRITISH ORDER IN COUNCIL making provision in execution of the Treaty of Peace between Great Britain and Allied and Associated Powers and Germany, signed at Versailles, June 28, 1919.-London, August 18, 1919.

At the Court at Buckingham Palace, the 18th day of August, 1919.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

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 British Protectorates, and is pleased by virtue and in exercise of the powers vested in him by "The Foreign Jurisdiction Act, 1890," or otherwise to extend the provisions of this Order to such Protectorates:

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 Act 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 the United Kingdom a Clearing Office under the control and management of such person (hereinafter referred to as the Controller) as the Boari of Trade may appoint for the purpose, and there shall be attached thereto such officers and servants as the Board of Trade, subject to the consent of the Treasury as to number, * Page 600.

may determine, and there shall be paid to the Controller and to such officers and servants such salaries or other remuneration as the Treasury may determine.

In the event of a local office being established in any part of His Majesty's dominions outside the United Kingdom or in any Protectorate, the provisions relating to the Clearing Office hereinafter contained shall apply thereto for the purpose of the functions authorised to be performed by a local Clearing Office under paragraph 1 of the Annex to Section III of Part X of the Treaty.

(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 Clearing Office, 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 the Clearing Office, and if any person contravenes this provision be shall be guilty of an offence and liable to be proceeded against and punished as if he had been guilty of the offence of trading with the enemy, and Section 1 of "The Trading with the Enemy Act, 1914,"* shall apply accordingly.

(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 the said Section 3.

(iv.) The 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 3, and for that purpose shall have all such rights and powers as if they 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 3, the Clearing Office may certify the amount so admitted or found due, and on production to the proper officer of the Supreme Court of the part of His Majesty's dominions or the Protectorate in which the debtor resides of such certificate, the certificate shall be registered by that officer and shall from the date of such registration be of the same force and effect, and all proceedings may be taken thereon, as if the certificate were a judgment obtained in that court for the recovery of a debt of the amount specified in the certificate and entered upon the date of such registration, and all reasonable costs and charges attendant.

* Vol. CVIII, page 44.

upon the registration of such certificate shall be recoverable in like manner as if they were part of such judgment.

(v.) It shall be lawful for the Clearing Office to recover from any person by whom a fine is payable under paragraph 10 of the Annex to the said Section 3 the amount of such fine.

(vi.) It shall be lawful for the Clearing Office to deduct from any sum payable by the Clearing Office to a creditor such commission, not exceeding 23 per cent. of the amount payable, as may be fixed by the Clearing Office.

(vii.) If any creditor refuses or fails to give such notice or to furnish such documents or information as are mentioned in paragraph 5 of the Annex to the said Section 3 he shall, on summary conviction, be liable to a fine not exceeding 101.

(viii.) If any person collusively gives notice of or admits any debt which is not due, or furnishes any false information with respect to any debt, he shall, on summary conviction, be liable to a fine not exceeding 1001. or to imprisonment for a term not exceeding three months or to both such imprisonment and fine.

(ix.) If His Majesty so agrees with any of the other Allied or Associated Powers the provisions of this Order, so far as they relate to enemy debts, shall apply to debts due to or from the nationals of that Power resident in any part of His Majesty's dominions or Protectorates in like manner as they apply to debts due to or from British nationals so resident.

(x.) Proceedings by and on behalf of the Clearing Office may be taken by and in the name of the Controller of the Clearing Office, who may by that name sue and be sued, and costs may be awarded to or against the Controller.

(xi.) Every document purporting to be an order or other instrument issued by the Clearing Office and to be signed by the Controller or by the secretary or other person authorised by the Controller shall be received in evidence and shall be deemed to be such order or instrument without further proof unless the contrary is shown.

(xii.) A certificate signed by the Controller that an order or other instrument purporting to be made or issued by the Clearing Office is so made or issued shall be conclusive evidence of the facts so certified.

(xiii.) The Documentary Evidence Act, 1868," as amended by any subsequent enactment, shall apply to the Clearing Office in like manner as if the Clearing Office were mentioned in the first column of the First Schedule to that Act, and as if the Controller or Secretary of the Clearing Office or any person authorised by the Controller to act on his behalf were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any documents issued by or on behalf of the Clearing Office.

« PreviousContinue »