114
THE HONGKONG GOVERNMENT GAZETTE, APRIL 1, 1921.
3. Paragraph (xvii) of Article one of the principal Order shall have effect and shall be deemed always to have had effect as if at the end thereof the following sub-paragraph were added-
"(f) the Custodian shall have power to charge such fees in respect of his duties under this paragraph, whether by way of percentage or otherwise, as the Treasury may fix, and the fees shall be collected and accounted for by such persons in such manner and shall be paid to such account as the Treasury direct, and the incidence of the fees as between capital and income shall be determined by the Custodian.” 4. This Order may be cited as the Treaty of Peace (Amendment) (No. 2) Order, 1920, and the principal Order, the Treaty of Peace (Amendment) Order, 1920, and this Order may be cited together as the Treaty of Peace Orders, 1919 to 1920.
ARTICLE.
ALMERIC FITZROY.
SCHEDULE.
NATURE OF AMENDMENT.
1 (iv)
-1 (xiva)
1 (xvii)
1 (xviii)
After the words “found due" there shall be inserted the words "together
with such interest as aforesaid."
For the words "Board of Trade there shall be substituted the words
"Clearing Office."
66
At the end of sub-paragraph (c) there shall be added the words "and to require any person having in his possession any documents of title to any such stock, shares or other securities to deliver the same to him, "and an acknowledgment signed by him of such delivery to him, shall "be a sufficient discharge to the person delivering the same."
After sub-paragraph (cc) the following sub-paragraphs shall be inserted :--
'(ccc) Where the property, right or interest subject to the charge, consists of any sum of money due to a German national (not being an enemy debt within the meaning of Article 296 of the Treaty), "it shall be payable to the Custodian, and shall be paid to him on demand, and the Custodian shall have power to enforce the payment thereof, and for that purpose shall have all such rights and powers as if he were the creditor.
66
66
40
66
"(cccc) A certificate by the Custodian 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 Custodian as aforesaid is accom- panied 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 Custodian or if it has been sold the proceeds of sale but not to any other remedy."
64
(6
66
For the words " ten months" there shall be substituted the words "sixteen
months."
+