329
PUBLIC
RECORD OFFICE
Reference :~~
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
German law, I think we might assume that a neutral firm with a head office in neutral territory would be allowed to sue in Germany though it had a branch in British or allied territory, but that a firm with head office in British or allied terri- tory would not. Before deciding whether or not we will apply this part of the Law Officers' recommendation, we must, I think, obtain a report from the Governor
on these lines.
As to (c), the question of pooling. I think this should certainly be done where necessary, and it seems likely that it will be necessary in the case of the Africana Company, at any rate.
Colonial Office,
19th February, 1916.
EAST AFRICA PROTECTORATE.
Asseta.
2.
C. T.
Liabilities.
1.
B1
Debts from per-
sona domiciled
in enemy terri-
Stock and Cash.
Other Assets.
To persone In To persone in enemy territory. British territory
tory.
Rs.
Ra.
Rs.
20,136
36,865
Strathmann & Joachim
40,380
218,820
Rs. 54,399 216,465
Ra.
1,864
316,335
Africana Handels Gesellschaft Westplant Handele Gesellschaft...
31,168
92,000
236,261
332,621
69,650
156,628
127,722
316,185
28,369 1,752
(also some res]
estate)
William Oswald & Company Hansing & Company
2,600
368,247
403,970 265,049
614,980
1,143,907
1,321,070
1,890,122
W. Hintamann & Company
Alois Schweiger & Company
1,882
108,735
849,866
ZANZIBAR.
Liabilities.
8,898-37 97,091
(This includes debts to Ger- man firms in neutral terri- tory which should not be paid,also debts to
own
branches British East Africa.)
343,528
3522
137
No. 129.
EAST AFRICA PROTECTORATE.
THE SECRETARY OF STATE to THE GOVERNOR.
(Sent 5.55 p.m., 23rd February, 1916.)
TELEGRAM.
[Answered by No. 138.]
23RD FEBRUARY. On recommendation of Committee appointed by me it has been decided by His Majesty's Government that all enemy firms in British Colonies and Protectorates should be, in the absence of special reasons to the contrary, com- pletely liquidated, goodwill, trade-marks, and other permanent assets being sold, but not private estates of individual partners. I am consulting Board of Trade as to sale of trade-marks in which British subjects have joint interest, and will address you later. Collections of debts should be as complete as possible, but need not be hurried if likely to damage British, allied, or neutral interests. Claims of British, allied, and neutral creditors should be paid if possible in full, no provision being made for enemy creditors; any balance should be retained by Official Custodian enemy property.
These recommendations, in the absence of special reasons to the contrary, should be applied to all enemy firms in Protectorate, with following exceptions:-
1. East African Trading Company. I understand case of this firm already
sufficiently provided for.
2. Schauer & Welter. Before taking action with regard to this firm report by telegram whether you have already appointed liquidator and whether you see any objection to application of Committee's recommendations. 3. Max Klein. Recommendations should not be applied in this case unless
you have special reasons for application.
In view of probable increase available assets through application above recom- mendations appears desirable that all debts of liquidated firms to non-enemy creditors, whether incurred by branch in the Colony or head office in enemy terri- tory or branch elsewhere, should be allowed to rank pari passu against assets. This should be arranged unless you think it very important to give priority to local debts. Creditors against head office in enemy territory, however, should not be allowed to rank until they have exhausted remedies in enemy territory. In case of deficit of assets of local branch of firm having branch in any other British East African Protectorate, arrangements should be made to meet deficit out of any surplus of other branches. Convenient system for effecting this should be arranged directly between Government East Africa Protectorate and Government Zanzibar. I understand that Iganda has only one enemy firm branch of Hansing, which is solvent, and that Nyasaland has no firm with branch elsewhere in British East Africa.
I am communicating with Uganda, Nyasaland by post. Despatch* follows. Please repeat to Zanzibar, omitting references to three excepted firms-BONAR LAW.
Assets.
Stook
Debts of Indian Arms to East Afrios Proteekor- jate ard Zanzibar
Deposite.
Due to British Banks
Due to British
Merchants.
Ra.
Rs.
Hansing & Company
50,000
600,000
R4. 250,000
RJ. $7,365 (50869/15)
Ra.
3522
Dewald & Company
100,000
250,000
D.O.A.G.
200,000
500,000
50,000
739,000
(55019)
Africane Handals Gesellschaft
20,000
50,000
25,000
2,400
53,628
(51051)
(8021/15)
shows
this amount to
be claimed by
Matusch, Goldschmidt
& Co. in re- spect of goods
shipped to
Zanzibar, Last
|Africa Prófco-
torate, and
German Fast Africa.
No. 130.
NYASALAND.
THE SECRETARY OF STATE to THE GOVERNOR.
(No. 39.) SIR,
Downing Street, 24th February, 1916. WITH reference to my despatch of the 5th November,† on the subject of the fiquidation of enemy firms, I have the honour to transmit to you the accompanying copy of the report of a Committee appointed by me to consider the question of the liquidation of enemy firms in the British Colonies and Protectorates.
2. His Majesty's Government have decided to carry out the recommendations of this report, and, although I am aware from previous correspondence that the
* No. 181.
+ 52685.
‡ No. 2.
:
138