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, or by an arbitrator appointed by that Tribunal in pursuance ⚫ See page 403. See page 403. 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; (b.) Secondly, with payments 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 GovernorGeneral 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, on conviction before a magistrate be punishable with imprisonment which may extend to three months, or with fine, or with both; (c.) Every person owning or having the control or management of any property, rights or interests in India subject to the charge (including where the property, rights or interests. consist of shares, stocks or other securities issued by a company, municipal authority or other body, or any right or interest therein such company, authority or body) shall, unless particulars thereof have already been furnished to the Custodian in accordance with "The Indian Enemy Trading Acts, 1915-1916,” within two months from the date of the making of this Order by notice in writing communicate the fact to the Administrator and shall furnish the Administrator with such particulars in relation thereto as the Administrator may require, and if any person fails to do so or furnishes any false information he shall on conviction before a magistrate be liable to fine; (d.) Where the property charged consists of inscribed or registered stock, shares or other securities, any company, municipal authority or other body by whom the securities were issued or are managed shall, on application being made by the Administrator, notwithstanding any regulation or stipulation of the company or other body and notwithstanding that the Administrator is not in possession of the certificate, See page 407. script or other document of title relating to the shares, stock or securities to which the application relates, enter the Administrator in the books in which the securities are inscribed or registered as the proprietor of the securities. subject to the charge, and the Administrator shall, subject to the consent of the Governor-General in Council, have power to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed; (e.) 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 Administrator, deliver the property to him, and the Administrator shall, subject to the consent of the Governor-General in Council, have power to sell or otherwise deal with the property so delivered to him; (f.) The Governor-General in Council may by order vest in the Administrator any property, rights or interests subject to the charge, or the right to transfer the same, and for that purpose sub-sections (1) to (4) of Section 7 of "The Indian Enemy Trading Act, 1916," shall in relation to nationals of the former Austrian Empire continue in force and apply as if property, rights and interests subject to the charge were property belonging to an enemy or enemy subject, and as if for references to the Custodian therein there were substituted references to the Administrator; (g.) A Chief Presidency Magistrate or a District Magistrate, may, on application of the Administrator, require any person known or suspected 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 national of the former Austrian Empire) or any person whom he may consider capable of giving information with 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 District Magistrate or other magistrate so appointed shall, for the purpose of this sub-section, have all the powers of a criminal Court under the Code of Criminal Procedure (Act V of 1898); and (h.) If any person called upon to pay any money or to transfer or otherwise to deal with any property, right or interest has reason to suspect that the same is subject to such charge as aforesaid he shall before paying, transferring or dealing with the same report the matter to the Administrator, and shall comply with any directions that the Administrator may give with respect thereto. (xi.) There shall be paid to the Administrator such surplus proceeds of property, rights and interests charged under Section 1 (xvi) of "The India Treaty of Peace Order, 1920,' as may be allocated in accordance with Section 1 (xvi) (b) of that Order to the payment of amounts due in respect of claims by British nationals in India with regard to their property, rights and interests in the territories of the former Austrian Empire. (xii.) The Administrator shall apply the sums received by him in satisfaction of the claims, debts and compensation mentioned in sub-section (ix) of this Article. (xiii.) The Governor-General in Council may, by notification in the "Gazette" of India, make rules for all matters incidental to, or consequential on, the provisions of this Order, and may by such rules prescribe forms for carrying into effect its provisions and prescribe the time (not being less than six months after the coming into force of the Treaty) within which proofs of claims in order to rank must be made and the manner of making and proving the same. (xiv.) The Local Clearing Office, out of the money collected by it, and the Administrator, out of the property, rights, interests or proceeds thereof vested in or collected or received by him under this Order, shall retain such sums as, subject to the consent of the Governor-General in Council, the Local Clearing Office or Administrator may consider necessary to cover risks, expenses and commissions. (xv.) Proceedings by and on behalf of the Local Clearing Office and proceedings by the Administrator may be taken by and in the name of the Administrator, who may by the name of the Administrator (India) of Austrian property sue and be sued, and costs may be awarded to or against the Admini strator. (xvi.) Every document purporting to be an order or other instrument issued by the Local Clearing Office and to be signed by the Administrator or other person authorised by the Administrator, and every document purporting to be an order or other instrument issued by the Administrator and to be signed by him or other person authorised by him shall be received in evidence and shall be deemed to be such order or instrument without further proof unless the contrary is shown; and in any proceeding by the Local Clearing Office, or by the Administrator to recover a debt or fine, a report purporting to be signed by the Administrator or other person authorised by him shall be evidence of the facts therein stated. (xvii.) A certificate signed by the Administrator that an order or other instrument purporting to be made or issued by the Local Clearing Office or by the Administrator is so made * See page 86. or issued shall be conclusive evidence of the facts so certified. (xviii.) The Administrator shall be deemed to be a public officer, and any documents forming part of the acts or records of the acts of the Local Clearing Office or the Administrator, shall be deemed to be public documents for the purpose of Chapter V of "The Indian Evidence Act, 1872." (xix.) 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. (xx.) For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, whether sitting in India or not, and compelling the production before the Tribunal of documents, a Secretary of the Government of India shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were a suit in a Court and the order were a formal process issued by that Court in the due exercise of its jurisdiction, and dis obedience to any such order shall be punishable under the Indian Penal Code (Act XLV of 1860). (xxi.) The time at which the period 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 six 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 nonacceptance or non-payment or protest may be made under Article 253 shall be twelve months from the coming into force of the Treaty. (xxii.) Rules made during the war by any recognised exchange or 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. (xxiii.) There shall be imposed on rights of industrial, literary or artistic property (with the exception of trade marks) acquired before or during the war, or which may be acquired hereafter, by or on behalf of Austrian nationals, such limitations, conditions or restrictions as the Governor-General in Council may prescribe for the purpose, in the manner, in the circumstances, and subject to the limitations, mentioned in Article 258|| of the Treaty, and any transfer in whole or in part or other dealing with any rights so acquired as aforesaid effected since the 28th day of July, 1914, shall if and so far as + See page 414. See page 415. || See page 423. • See |