179
350
I│ ། ། །
3. Should it be necessary to make use of the paper pool, arrangements can be effected by direct communication between the various Controllers.
4. I do not advocate further notice being given to creditors, as the notices already published did not restrict claims to any particular class of debt.
17th July, 1916.
36630
SIR,
No. 161. NIGERIA.
A. E. MUNN,
Controller
THE SECRETARY OF STATE to THE GOVERNOR-GENERAL, (No. 1122.)
Downing Street, 15th August, 1916.
I HAVE the honour to acknowledge the receipt of your despatch No. 578, of the 1st of August, with regard to the sale of real estate of German firms in Nigeria.
2. As regards your remarks as to the possibility of some of these properties being sold for very much under their value, I would observe that, in my opinion, reasonable reserve prices should be fixed, and, if at the auction the reserve price is not reached, the property should be withdrawn and sold later by private treaty. I understand that in Lagos there would be no difficulty in fixing suitable reserve prices. Elsewhere it might be less easy, but in most cases it ought to be quite practicable. If in any cases it is considered impossible, for want of sufficient data, to fix a fair reserve price at present, I think that it would be best first to advertise the property for sale by private treaty, and use the offers received to get a rough idea of the value, and then fix the reserve accordingly, and put the lot up to auction. 3. With regard to paragraph 2 of your despatch, I shall not offer objection to your proposal, though, in view of the financial position of the Government, it is hardly desirable to expend any considerable sum on properties which are not urgently needed
38429
I have, &c.,
A. BONAR LAW.
41329
No. 163.
NIGERIA.
COLONIAL OFFICE to BOARD OF TRADE (COMMERCIAL DEPArtment').
Downing Street, 6th September, 1916.
SIR,
I AM directed by Mr. Secretary Bonar Law to transmit to you a draft of an Ordinance to facilitate the sale of freehold and leasehold property in Nigeria belonging to branches of enemy firms which have been wound up there. The reasons why legislation is necessary are set out in the enclosed report from Mr. R. F. Irving, the Nigerian solicitor employed by the Receiver of Enemy Firms.
2. Copies of a memorandum and notes on the draft Ordinance by the Attorney-General of Nigeria are enclosed.
3. The Secretary of State would be glad to receive the observations of the Board of Trade on the draft Ordinance, which, if approved, will probably be found useful as a model for other Colonies in which enemy firms are being liquidated. The Receiver has pointed out that the words "with the approval of the Court," in Section 3, would probably hamper his action unduly in effecting a prompt sale by private treaty of a property which was not sold at the auction, and it is proposed to omit these words." In Section 4 it is proposed to substitute the Attorney-General (of Nigeria) for the Governor. It is also proposed to substitute six months for three months in Section 6 (1), (2), and (3).
4. As regards Sections 8 and 9 of the draft Ordinance, I am to enclose a copy of a circular despatch sent on 1st August* to the Governors of the Colonies and Protectorates in which enemy firms are being liquidated, and of correspon- dencet with the Foreign Office and the Reconstruction Committee on the subject of the advisability of preventing an enemy firm's property from being transferred directly or indirectly to enemy interests as a result of the sale of such property. Mr. Bonar Law proposes to authorize the Nigerian Government to retain these sections in the Ordinance, subject to the substitution of the words "and during such period (if any) from the termination of the War as may hereafter be fixed by Proclamation by the Governor" for the words " or during a period of from the termination of such war.'
""
years
5. The Secretary of State would be greatly obliged if he could receive an early answer to this letter, as the sale by auction in London of the Nigerian properties is fixed for the 31st October, and the Draft Ordinance will have to be sent out to Nigeria and enacted before that date.
I am, &c.,
PUBLIC RECORD OFFICE
Reference :---
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
SIR,
No. 162.
SIERRA LEONE
THE SECRETARY OF STATE to THE GOVERNOR. (Confidential (A).)
Downing Street, 5th September, 1916.
I HAVE the honour to acknowledge the receipt of your Confidential despatch of the 25th of July,t transmitting a copy of a letter, with enclosure, which you addressed to the Governor-General of Nigeria on the subject of the liquidation of enemy firms.
paragraph 7 of my despatch 2. It seems possible that the instructions No. 46 of the 16th February, 1916, in regard to neutral creditors, have been some- what misconstrued. I understand that the Law Officers intended the postponement of neutral claims to take place only where such claims are primarily enforceable against the enemy firm in enemy territory, and not in the case of debts incurred directly by, or on behalf of, the branch in liquidation; and I have so interpreted the recommendation. I have also assumed that by neutral creditors they mean firms whose head offices are in neutral territory. No payments should be made to enemy firms in neutral territory.
I have, &o.,
A. BONAR LAW.
* 86680.
+ No. 160.
↑ No. 184.
Enclosure 1 in No. 163.
A BILL
entitled
G. GRINDLE.
AN ORDINANCE TO MAKE FURTHER PROVISION WITH REGARD TO THE DISPOSAL OF ENEMY PROPERTY.
1.
Be it enacted, etc. (Colony and Protectorate).
Short Title.-This Ordinance may be cited as the Enemy Property (Disposal) Ordinance, 1916.
2. Definitions.-" Firm" includes any person, company, or association or body of persons, corporate or unincorporate, the business of whom or which is being or has been wound up under the provisions of Section 3 of the Aliens Restriction Ordinance, 1914. (No. 13 of 1914.)
"Immovable property" includes any right, whether legal or equitable, in or arising out of immovable property.
Receiver "
means a Receiver or Receiver and Manager appointed under Section 3 of the Aliens Restriction Ordinance, 1914. (No. 13 of 1914.)
* No. 62.
+ Nos. 61,, 63, and 65.
0 2