BRITISH ORDER IN COUNCIL amending The India Treaty of Peace Order, 1920."-London, February 7, 1921.*

At the Court at Buckingham Palace, the 7th day of

February, 1921.

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 India Treaty of Peace Order, 1920," 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 India Treaty of Peace 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. This Order may be cited as The India Treaty of Peace (Amendment) Order, 1921."

SCHEDULE.

ALMERIC FITZROY.

Article.

Nature of Amendment.

Article 1 (xvii)... After clause (a) the following paragraph shall be

inserted :

(aa.) A
Chief Presidency Magistrate or a
District Magistrate may, on application of the
Controller, require any person known or sus-
pected to have in his possession or under his
control any property, right or interest subject
to the charge, including any person known or
suspected to owe a debt to a German national
or any person whom he may consider capable
of giving information in respect to the same,
to attend as a witness and to give evidence or
produce documents before him or before such
Magistrate subordinate to him as he may
appoint in this behalf. The Chief Presidency
Magistrate or the District Magistrate or other
Magistrate so appointed shall for the purpose
of this clause have all the powers of a Criminal
Court under the Code of Criminal Procedure
(Act V of 1898).”

London Gazette," February 11, 1921.

+ Vol. CXII, page 600.

Vol. CXIII, page 80.

Article.

Nature of Amendment.

In clause (c) after the words "principal office" the following words shall be inserted :

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

After clause (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 consen of the Governor-General in Council, have power to sell or otherwise deal with the pro perty so delivered to him."

In clause (d) for the word and figure "Section 7" there shall be substituted the words and figures

Sub-Sections (1) to (4) of Section 7.”

Article 1 (xviii)... For the words " six months where these secondly occur there shall be substituted the words "twelve months."

BRITISH ORDER IN COUNCIL applying to India the provisions of the Treaty of Peace with Austria, signed at Saint-Germain-en-Laye, September 10, 1919.-London, February 7, 1921.*

At the Court at Buckingham Palace, the 7th day of
February, 1921.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord President.

Lord Chamberlain.

Viscount Milner.

Sir Frederick Ponsonby.

Mr. Burdett-Coutts.

WHEREAS at Saint-Germain-en-Laye on the 10th day of September, 1919, a Treaty of Peace! (hereinafter referred to as "the Treaty") was signed on behalf of his Majesty;

And whereas by The Treaties of Peace (Austria and Bulgaria) Act, 1920," 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 "London Gazette," February 15, 1921. Vol. CXIII, page 69.

+ Vol. CXII, page 317.

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 thereto 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 and 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 Administrator) as the 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 or by leave of the Clearing Office established for the purpose of the Treaty in the United Kingdom or the Local Clearing Office established under this Order (which leave may be granted subject to such conditions, including conditions as to the payment of fees, as the Clearing Office in the United Kingdom or the Local Clearing Office, as the case may be, may think fit to impose), 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 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 Part X 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 together with such interest as aforesaid 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 was 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.

(v.) It shall be lawful for the Local Clearing Office to recover from any person by whom a fine is payable under paragraph 10 of the Annex to the said Section III the amount of such fine and for this purpose the Administrator may certify the amount of such fine and the person by whom it is due to the nearest Magistrate, who shall have all power to recover the same as if it were a fine realisable under the Code of Criminal Procedure (Act V of 1898).

(vi.) 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 III, he shall, on conviction before a Magistrate, be liable to a fine not exceeding 100 rupees.

(vii.) 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 conviction before a Magistrate, be punishable with imprisonment which may extend to three months, or with fine, or with both.

(viii.) 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 India in like manner as they apply to debts due to or from British nationals so resident.

(ix.) All property, rights and interests within India. belonging to nationals of the former Austrian Empire at the date when the Treaty came into force (not being property, rights or interests acquired under any general licence issued by or on behalf of His Majesty), and the net proceeds of their sale, liquidation or other dealings therewith, are hereby charged

(a.) In the first place, with payment of the amounts due in respect of claims by British nationals in India with regard to their property, rights and interests (including companies and associations in which they are interested) in the territories of the former Austrian Empire, or debts owing to them by Austrian nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 249 of the Treaty, and with payment of claims growing out of acts committed by the former Austro-Hungarian Government or by any Austrian authorities since the 28th day of July, and before the 12th day of August, 1914;

or

(b.) Secondly, with payment of the amounts due in respect of claims by British nationals in India with regard to their property, rights and interests in the territories of Germany, Hungary, Bulgaria and Turkey, in so far as those claims are not otherwise satisfied; and

Provided that any particular property, rights or interests so charged may at any time be released from the charge so created by order of the Governor-General in Council.

(x.)* With a view to making effective and enforcing such charge as aforesaid

(a.) The Administrator shall have such powers and duties as are hereinafter provided;

(b.) No person shall, without the consent of the Administrator, acting under the general directions of the Governor-General in Council, transfer, part with or otherwise deal in any property, rights or interests subject to the charge; any person who contravenes this provision shall, conviction before a Magistrate, be punishable with imprisonment which may extend to three months, or with fine, or with both;

on

(c.) Every person owning or having the control or management of any property, rights or interests in India

Amended by Order in Council of October 31, 1921, see page 134.