charging such property with the payment of the liabilities for which it may be constituted a pledge by the Treaty in the manner hereinafter provided : Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by The Foreign Jurisdiction Act, 1890,"* or otherwise in him vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: 1. All property, rights and interests in Egypt belonging to nationals of the former Austrian Empire at the date when the Treaty comes 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, so far as such property, rights and interests or such net proceeds are vested in or otherwise under the control of the Custodian of enemy property or other British authority under the Trading with the Enemy Acts or the Trading with the Enemy Proclamations issued from time to time by the General Officer Commanding-in-Chief the British forces in Egypt, are hereby charged:- (a.) First, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests, including companies and associations in which they are interested in territory 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 or 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 July, 1914, and before the 12th August, 1914. (b.) Secondly, with payment of the amounts due in respect of claims by British nationals 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. Provided that any particular property, rights or interests so charged may at any time, if the High Commissioner thinks. fit, be released from the charge so created. 2. In the application and enforcement of the charge created by this Order the claims of or debts owing to British nationals resident or carrying on business in Egypt shall enjoy priority over the claims of or debts owing to other British nationals. * See Vol. 18, page 561. + See page 407. 3. All decisions of the Mixed Arbitral Tribunal constituted under Section VI of Part X of the Treaty, if within the jurisdiction of that Tribunal, shall be final and conclusive, and binding on all Courts. 4. For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, whether sitting in Egypt or not, and compelling the production before the Tribunal of documents, the High Commissioner shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were an action in the Supreme Court, and the order were a formal process issued by that Court in the due exercise of its jurisdiction, and shall be enforceable by that Court accordingly, and disobedience to any such order shall be punishable as contempt of Court. 5. Sections IV, V and VI of Part X of the Treaty relating to property, rights and interests, to contracts, prescriptions and judgments, and to the Mixed Arbitral Tribunal, and all provisions of the said Treaty affecting or relating to the charge created by this Order shall have full force and effect as law. 6. The time at which the periods of prescription or limitation of right of action referred to in Article 252 of the Treaty shall begin again to run shall be at the expiration of ten months after the coming into force of the Treaty, and the period to be allowed within which presentation of negotiable instruments for acceptance or payment, and notice of non-acceptance or non-payment or protest may be made under Article 253, shall be ten months from the coming into force of the Treaty. or 7. Rules made during the war by any recognised exchange commercial association providing for the closure of contracts entered into before the war by an enemy, and any action taken thereunder are hereby confirmed, subject to the provisos contained in paragraph 4 (a) of the Annex to Section V of Part X of the Treaty. זיי 8. The power under "The Egypt Order in Council, 1915, to make King's Regulations, shall extend to the issue of regulations for the purpose of enforcing the charge created by this Order, and for making such arrangements as may be required for establishing and assessing the claims. and debts for the payment of which the property charged is rendered liable, and for the payment, in whole or in part, of the sums due. 9. In this Order the term British nationals resident or carrying on business in Egypt" means persons who are * See page 420. + See pages 406-422. See Vol. 27, page 108. 66 subject to The Egypt Order in Council, 1915," and who are so resident or carrying on business. 10. Egyptian nationals resident or carrying on business in Egypt shall share in the benefit of the charge created by this Order on the same terms as British nationals resident or carrying on business in Egypt, provided that during the war such Egyptian nationals were treated by the former Austro-Hungarian Government as enemies, and that their property was subjected by the former Austro-Hungarian Government to exceptional war measures. 11. The expression nationals of the former Austrian Empire" does not include persons who, within six months of the coming into force of the Treaty, show that they have acquired, ipso facto in accordance with its provisions, nationality of an Allied or Associated Power, including those who, under Articles 72 and 76* of the Treaty, obtained such nationality with the consent of the competent authorities, or who, under Articles 74 or 77 thereof, acquired such nationality by virtue of previous rights of citizenship. 12. "The Treaty of Peace (Austria) Order, 1920," shall not apply to Egypt, except so far as may be consistent with the provisions of this Order or of any Proclamation issued by the General Officer Commanding-in-Chief the British forces in Egypt, or with any rules or directions given thereunder. 13. This Order may be cited as "The Egypt (Treaty of Peace, Austria) Order in Council, 1920," and shall be read as one with The Egypt Order in Council, 1915.' 14. This Order shall be deemed to have had effect as from the date when the Treaty of Peace came into force. § ALMERIC FITZROY. See page 328. + See pages 328 and 329. See page 2. § Came into force July 16, 1920. BRITISH ORDER IN COUNCIL to give effect in India to certain provisions of the Treaty of Peace with Austria.London, February 7, 1921.* At the Court at Buckingham Palace, the 7th day of February, 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 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 "London Gazette," February 15, 1921. + See page 289. VOL. XXIX. § See Vol. 18, page 561. See page 1162. C 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 Governor-General 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 See page 405. * See pages 404, 405 and 406. |