397
PUBLIC RECORD OFFICE
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Reference :-
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
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the Receiver of the respective firms specified in the fourth column of the said schedule for the respective estates and interests specified in the third column of the said schedule subject to any subsisting rights of way or apparent easements. affecting the same but otherwise free from incumbrances.
(2) Every right title or interest of any person other than the Crown or the public and other than subsisting rights of way or apparent easements to and in any immovable property specified in the first schedule which is derogatory or counter to the estate and interest vested in the Receiver by the last preceding aub-section and the benefit of any covenant agreement or reservation in support of such right title or interest shall be absolutely extinguished and no action or other proceeding other than a claim for compensation as hereinafter mentioned shall be capable of being taken or proceeded with to enforce the same.
4. Receiver to sell immovable property.-The Receiver shall as soon as con- veniently may be after the commencement of this Ordinance offer for sale by public auction or private treaty all immovable property vested in him by the last preceding section and shall complete the sale of any such property previously contracted to be sold by him and the receipt of the Receiver for the purchase money in respect of any such sale shall be a good discharge to the purchaser of the said property.
5. Payment into Court of proceeds of sale of immovable property. On the sale by the Receiver either before or after the commencement of this Ordinance of any immovable property vested in him as aforesaid the proceeds of sale thereof after deducting the costs charges and expenses of and in connexion with the sale shall be paid into Court by the Receiver to the account of the Receiver to be dealt with as hereinafter provided.
6. Notice of the sale of immovable property to be given and provisions as to proceeds of sale.-(1) After the completion of the sale of any immovable property vested in the Receiver as aforesaid notice of the sale with a description of the property sold shall be inserted in the London Times newspaper and in one or more newspapers published in Nigeria and any person claiming to be entitled to any right title interest or benefit which is declared to be absolutely extinguished under Sub-section (3) of Section 3 hereof shall within six months after the date of such notice or within such extended time as the Governor may either generally or in any special case allow send to the Chief Registrar of the Supreme Court and to the Receiver a statement of his claim specifying the right title interest or benefit which he alleges he had in the property sold or in relation thereto and the amount he claims as compensation for the extinguishment thereof and if the claimant is not resident in Nigeria he shall appoint some person resident in Nigeria as his agent to represent him in respect of his claim and shall give particulars along with notice of his claim of such person's name and address.
Subject to the leave of the Governor an enemy may be permitted to send in any such claim and be represented before the Court under the provisions of the next sub-section.
(2) After the expiration of the six months from the date of such notice or within such extended time as aforesaid the Court shall if any claim has been sent in under the preceding sub-section issue a summons to the Receiver and to the claimant or his agent (but in the case of an enemy claimant only with the leave of the Governor) calling upon them to appear at a time and place named when the claim will be heard and determined. No appeal shall lie from the decision of the Court upon any claim. The Receiver shall be entitled to be paid his costs charges and expenses of and in connexion with the said notice and claim (if any) and summons (if any) but the costs of any claimant in connexion with any claim and summons shall be in the discretion of the Court and the Court if it thinks fit may order the claimant to pay all the costs of the summons.
(3) (a) After the expiration of the said six months or such extended time as aforesaid or after the determination by the Court of the claim (if any) of which notice has been sent in as aforesaid the proceeds of sale paid into Court or the balance (if any) thereof after deducting the costs charges and expenses of the Receiver and any sums directed by the Court to be paid or retained thereout in respect of claims (if any) allowed thereon and any claimant's costs allowed by the Court shall be paid to the Receiver and may be dealt with by him in like manner as the other assets. of the firm and no person who has not given notice of a claim within the said six months or such extended time as aforesaid shall thereafter without the leave of the Governor be entitled to make or enforce any claim upor the said proceeds of sale or the other assets of the firm in respect of any right title interest or benefit declared to be extinguished as aforesaid.
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(b) If an enemy establishes a claim to compensation out of the purchase money or any part thereof neither the amount of his claim nor any part thereof shall be paid out to him but shall be retained and remain in Court and shall be dealt with after the termination of the present War in such manner as the Governor may by order under his hand direct.
(c) If an enemy subject (not being an enemy) or a corporation under enemy. control establishes a claim to compensation out of the purchase money or any part thereof neither the amount of such claim nor any part thereof shall without the consent of the Governor be paid to him and if the Governor does not so consent or to the extent to which he does not so consent the amount shall be retained and remain in Court and shall be dealt with after the termination of the present War in such manner as the Governor may by order under his hand direct.
(d) The Receiver appointed or to be appointed of the business of any
firm which being entitled or permitted to make a claim hereunder has established a claim to compensation out of any purchase money in Court may with the leave of the Governor apply to have the same paid out to him as assets of the firm.
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(e) If the Court in considering the claim of any person for compensation out any purchase money as aforesaid under Section 6 (1) hereof is of opinion that such person should be allowed to rank as an ordinary creditor on the other assets of the firm for any amount or balance of any amount allowed him by way of com- pensation which the purchase money in Court is not sufficient to provide the Court may with the approval of the Governor order that such person shall rank as an ordinary creditor on such other assets of the firm as were not distributed by the Receiver at the time when he received notice of such claim for such amount or balance but the amount payable to any such claimant by the Receiver shall if the amount (if any) allowed him by way of compensation out of the purchase money would have been retained in Court be paid into Court by the Receiver in manner aforesaid and be dealt with under the provisions of paragraphs (b) and (c) of this sub-section and shall also be subject to the rights of the Receiver of any such claimant as is provided in paragraph (d) of this sub-section.
Any costs charges and expenses of any abortive sale by the Receiver of immovable property, may be paid by or retained by the Receiver out of any other assets of the firm that may come to his hands as a first charge thereon.
7. (1) Receiver may assign Leases without consent of the Lessor. Except where the Crown is the lessor the Receiver may sell or assign any immovable property being leasehold property without the consent of the lessor any, covenant or condition in the lease to the contrary notwithstanding and such sale or assignment shall not constitute a breach of any covenant or condition.
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(2) Receiper may assign notwithstanding breaches of Covenant or Condition. In the case of any lease specified, in, the schedule hereto the lessor or other the person in whom the reversion expectant on the termination thereof shall for the time being be vested, shall not be entitled to exercise or enforce any power of re-entry under or right of forfeiture of such lease by reason of any breach of any covenant or condition prior to the date of completion of the sale thereof by the Receiver nor till the expiration of six months from such date by reason of any breach of a covenant or condition imposing on the lessee an obligation to trade upon the premises therein comprised.
8. Prohibition of proceedings without leave of Governor where an Order made under Section 3 of the Aliens Restriction Ordinance 1914-When an order has been made under Section 3 of the Aliens Restriction Ordinance 1914 for the appointment of a Receiver of the business of a firm no bankruptcy petition or petition for winding up such firm shall be presented or resolution for the winding up of such firm passed or steps for the enforcement of the rights of any claimants upon or against the firm (except such as are provided for in Section 6 (1) hereof) taken without the consent of the Governor..
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9. Receiver not to sell property to an enemy or enemy subject or a corporation under enemy control. The Receiver shall not sell any immovable property to an enemy or enemy subject or a corporation under enemy control or to any person acting for an enemy or enemy subject, or corporation under enemy control and further shall not complete any sale of immovable property unless and until the purchaser being an individual or corporation shall have made a statutory declaration in the appro- priate form set out in the second schedule. Such declaration in the case of a corporation being a purchaser shall be made by some, official of the corporation duly authorized thereto by, the corporation,
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