cms
Ref.:
CO 537/1374
THE NATIONAL ARCHIVES
Ins
2
restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet. Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
1.
00050
-6-
DETAILED COMMENTS ON THE DRAFT ORDINANCE
FART III OF THE MEMORANDUM
50
Definitions (Section 2.)
(a) AGenti
This definition includes as an
agent a person who was no longer an agent in fact or in law, but such a violent de- parture from the cannotation fa the term and such contradiction are, it is presumed necessary to produce the result that a payment to an unauthorised person is a good payment to the rightful creditor. It is
an amazing definition to appear in a British legal enactment.
(b) Capital debt:
changed to read
This definition might be
"Capital debt" means the principal
sum of money due in respect of a debt including all accrued interest
up to the date of payment or purpor- ted payment".
Debtors of the Bank were generally requested
by the liquidators to pay the principă and
accrued interest and the payments made to the
liquidators were made in respect of the prin- cipal and interest accrued to the time of
purported payment.
Moreover, where interest is expressly made
payable by the terms of the agreement or
instrument as in a Bill of Exchange, interest
is recoverable as part of the debt.
(c) Custodian:
The definition involves the
acceptance in English law of the fiction
(1) that such Japanese officer or officers
was or were appointed by the occupying power for the collection and custody and preservation of enemy property as in England in contfmplation of arrange-
ments to be made at the conclusion of
1
2
cms
Ref.:
CO 537/1374
THE NATIONAL ARCHIVES
2
Ins
Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
restrictions. Further
information is given in the enclosed Terms and Conditions of supply of National Archives' leaflet.
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