Amendment
of Ordinance No. 11 of 1915, 8, 4.
Amendment
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"Legal proceedling "includes au arbitration, and refer- eness to the bringing of legal proceedings against any persons shall in the case of arbitrations be coustrued as referring to the commencement of arbitrations to which such persons would be parties. "Person means any natural person, company, firm, or association or body of persons corporato or unincor- porate.
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"Property" includes every right or interest whatsoover
in, to or arising out of any property. "Property odor prohibited control" means any pro- perty which is hell wholly or partly by or for or on behalf of or in trast for or for the benefit of or subject to the control of an enemy or an enemy subject or a corporation under enemy control or any person who but for the conclusion of any peace imade in relation to the presunt war would be an enemy or an enemy subject or a corporation under enemy contro).
3. Festion 4 of the Alien Enemies (Winding up) Amend- ment Ordinancç, 1915, is amended by the insertion of the words “or on üęcount of any similar reason" at the end thereof.
4. Section 5 of the Alien Enemies (Winding up) Ordi-
of Ordinance nance, 1915, is amended by the insertion of the words "or No. 11 of
other legal proceeding" between the word "Retion" and 1915, 8. 5.
the word "brought" in the third line thereof, and by
Power to
appoint a
liquidator
in certain special cases and to give
Lirections
for the
disposal
of certain
property,
the addition of the words "or ou account of any similar TURSOR ut the ond thereof.
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5.-(1) The power of appointing a liquidator conferred on the Governor by section 5 of the principal Ordinance shall be deemed to include and at all times to have incindal the following powers:—
(4.) Power to appoint a liquidator of the trade or personal affairs of any alien enemy whether such alion enemy has ever been in the Colouy
or not.
(5.) Power to appoint a liquidator of the trade or personal affairs of any person any of the pro- perty of whom was for any purpose whatsoever in the possession custody or control of any person whose trade or personal affairs a liqui- dator has been appointed to wind up.
(.) Power to appoint a liquidator of the estate of
any deceased alien enemy.
(d) Power to appoint a liquidator of the estate of
any
deceased person of whose estate an alien enemy is executor or administrator.
(c) Power to appoint a liquidator of the trade or personal affairs of any person who is or at any time since the outbreak of war has been a partner or a joint owner or an owuer in common with any alien euemy.
() Power to appoint a liquidator of the affairs of any association of persons or organisation which is or at any time since the outbreak of war has been composed in whole or part of alien one. mies or which at any time since the outbreak
of war has been in whole or part representel
in the Colony by an alien enemy.
(.) Power to appoint a liquidator of the affairs of
any person if the Governor think it advisable
on account of the enemy nationality or as- sociation of such person.
(2.) Every anch liquidator shall have as full rights and powers as any other Ikquidator appointed under the priu- cipal Ordinance.
(3.) The Governor shall be deemed to have and at af! times to have hul power to give directions for the sale or isposal of any property which at any time since the out- break of the present war has been in the possession, custody or control of any alien ouemy and which is not claimed by any person who is not au alien enemy.
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6. (1) Every liquidator appointed under the principal Transfer of Ordinance to wind up the affairs or estate of any person shall property. for all purposes whatsoever be deemed to have power, and at all times to have had power, while acting as such liquidator,
10 transfer all the property of whatever description within the Colony of such person, or vested in such person, or belonging to such estate, in all respects as fully as if the transfer had been duly made or executal by or on behalf of such person, or by or on behalf of his legal personal representative, as the case may be, whether such liquidator can or cannot produce any title deeds or other documents of title relating to such property, and any such transfer by such liquidator shall be deemed to pass all the legal estate in such property which may be or was vested in such person, or in his legal personal representative, at the date of such transfer.
(2.) Nothing in this section shall be construed as limiting in any way whatsoever any powers which any liquidator appointed under the principal Ordinance would have possessed if this section bad not been enacted.
7. The rights and powers of a liquidator under the Rights and Alien Enemies (Winding up) Orlimauces, 1914 to 1917, powers to aball pass, and shall be deemed always to have passed, pass from from liquidator to liquidator, so as to be exercisable by the liquidator to
liquidator. liquidator for the time being during his continuance in office.
8.-(1.) In every winding up under the Alien Enemies Distribution (Winding up) Ordinances, 1914 to 1917, it shall be lawful on the for the liquidator to distribute the assets in the first in- footing that
interest does stance on the footing that no interest has accrued or shall
not accrue accrue on any debt after the first appointment of a liquila after the tor of the trade or personal affairs of the person whose commence assets are about to be or are being distributed Provided ment of the that nothing in this section shall affect the rights of any winding up. secured creditor in respect of any security held by him.
(2.) Any surplus assets remaining after such distribu- tion may be applied rateably in the payment of claims for interest.
9. In every winding up under the Alien Enemies Priority over (Winding up) Ordinances, 1914 to 1917, the assets shall, debts due to
so far as they are available for discharging unsecured debts, enemies, be applied in discharging snch debts due to creditors who are not enemies or enemy subjects in priority to the un- secured debts due to creditors who are enemies or enemy Babjouts Provided that nothing in this section shall be construed as authorising any payment being made to a creditor who is an enemy or an enemy subject.
10 (1) Every liquidator appointed under the princi- Disclaimer. pal Ordinance to wind up the trade or personal affairs of any person may, by writing signed by him, with the per- mission of the Governor, disclaim any lease or contract under which such person is subject to any liability.
(2) Notwithstanding anything contained in section 10 of the principal Ordinance, such disclaimer shall operate to de- termine, us from the date on which the disclaimer is signed, the rights interests and liabilities of such person under the lease or contract disclaimed, but shall not, except so far as is necessary for the said purpose, affect the rights or liabi lities of any other person.
(3.) Where the person whose affairs are being wound up was the lessee of any premises, and the liquidator has with the consent of the lessor sublet the said premises or any portion thereof, the lessor, upon such disclaimer, shall not be entitled to distrain on any premises held by such sub- tenant except for the rent formerly payable by the sub- leuant to the liquidator in respect of these promises, aud the lessor shall not be entitled to enter on any premises so held by such sub-tenant except for breach of some covenant contained in the sub-lease, if any.
(4.) Notice of such disclaimer shall, so far as is practi- cable, bo given to every party to the lease or contract disclaimed other than the person whose affairs are being wound up Provided that no such disclaimer sha!! be void or otherwise affected on the ground only that any notice required by this sub-section shall not have been given.
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