control of an Allied or Associated State might be constituted a pledge for enemy liabilities upon the conditions laid down in the Treaty; 66 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 thereof; And whereas by treaty, grant, usage, sufferance, or other lawful means, and by Decree of His Highness the Sultan of Egypt, His Majesty has power and jurisdiction in Egypt: And whereas there is now in Egypt certain property of Bulgarian nationals under the control of His Majesty, and it is expedient to make provision for 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 Bulgarian nationals 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 Bulgarian territory, or debts owing to them by Bulgarian 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 177 of the Treaty, and with payment of claims growing out of acts committed by the Bulgarian Government or by any Bulgarian authorities since the 11th October, 1915, and before the 15th October, 1918. See page 1162. + See Vol. 18, page 561. See page 530. 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, Austria, Hungary 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. 3. All decisions of the Mixed Arbitral Tribunal constituted under Section VI* of Part IX 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 proceed ings 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 IX 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 1831 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 nonacceptance or non-payment or protest may be made under Article 184, shall be ten months from the coming into force of the Treaty. 7. 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 See ‡ See page 548. See pages 530, 539, 548. § See page 541. action taken thereunder are hereby confirmed, subject to the provisos contained in paragraph 4 (a) of the Annex* to Section V of Part IX of the Treaty. 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 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 Bulgarian Government as enemies, and that their property was subjected by the Bulgarian Government to exceptional war measures. 66 11. The Treaty of Peace (Bulgaria) 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. 12. This Order may be cited as "The Egypt (Treaty of Peace, Bulgaria) Order in Council, 1921," and shall be read as one with The Egypt Order in Council, 1915." 13. 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 544. + See Vol. 27, page 108. I See page 34. 66 BRITISH ORDER IN COUNCIL further amending The Treaty of Peace (Bulgaria) Order, 1920."-London, May 27, 1921.* At the Court at Buckingham Palace, the 27th day of May, 1921. PRESENT THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS in pursuance of the powers conferred on him by "The Treaty of Peace (Austria and Bulgaria) Act, 1920,"t His Majesty in Council was pleased to make "The Treaty of Peace (Bulgaria) 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 Treaty of Peace (Bulgaria) 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. 66 2. This Order may be cited as The Treaty of Peace (Bulgaria) (No. 2) Amendment Order, 1921," and this Order shall be included amongst the Orders which may be cited together as "The Treaty of Peace (Bulgaria) Orders, 1920 to 1921." Article. 1 (i) 1 (ii) ALMERIC FITZROY. SCHEDULE. Nature of Amendment. At the end of paragraph (i) the following proviso shall be Provided further that where it is alleged that any property, right or interest is not subject to the said charge by reason of its belonging to a person who has acquired ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the Treaty, the Administrator shall be entitled to make such charges as, subject to the consent of the Treasury, he may consider necessary to cover the costs incurred by him in investigating the allegation and in tracing and identifying the said property, right or interest." At the end of sub-paragraph (d) there shall be inserted the words "and to require any person having in his possession London Gazette," June 3, 1921. See page 1162. See page 34. Article. 1 (xvii) Nature of Amendment. any documents of title to any such shares, stock, or other securities to deliver the same to him, and an acknowledgment of such delivery signed by him shall be a sufficient discharge to the person delivering the same." After sub-paragraph (e) the following sub-paragraph shall be inserted : "(ee.) A certificate by the Administrator that any property, right or interest is subject to the charge shall be sufficient evidence of the facts stated in the certificate, and where any such application, requirement or demand of the Administrator as aforesaid is accompanied by such a certificate, the company, municipal authority or other body by whom the securities were issued or are managed, the person in possession of the property transferable by delivery, or the person by whom a sum of money is due, shall comply with the application requirement or demand, and shall not be liable to any action or other legal proceeding in respect of such compliance, but if it is subsequently proved that the property, right or interest was not subject to the charge, the owner thereof shall be entitled to recover the same from the Administrator, or, if it has been sold, the proceeds of sale, but not to any other remedy." In sub-paragraph (h), after the words a Bulgarian national there shall be inserted the words "or any person who claims that any property, right or interest belonging to him is not subject to the charge by reason of his having acquired ipso facto the nationality of an Allied or Associated Power in accordance with the provisions of the Treaty." For the words "ten months" there shall be substituted the words "eighteen months." FRANCE. TREATY between Great Britain and France respecting Assistance to France in the event of Unprovoked Aggression by Germany.-Signed at Versailles, June 28, 1919.* WHEREAS there is a danger that the stipulations relating to the Left Bank of the Rhine contained in the Treaty of Peace signed this day at Versailles may not at first provide adequate security and protection to the French Republic; and "Treaty Series, No. 6 (1919)." |