70
PUBLIC RECORD OFFICE
Reference :-
885/26
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
36
APPENDIX A.--REPORTS.
and in the case of a French, Belgian, or Italian buyer, on such guarantee as afore- said. The part so left on mortgage or guarantee shall carry interest at the rate of £6 per cent. per annum from the day of the present sale, payable in cash in London half-yearly on the 1st day of January and the 1st day of July, and such part shall be payable in cash in London at the expiration of one year from the date of the order for the delivery of the vessel to the buyer, but with liberty for the buyer to pay off earlier if he thinks fit. Any mortgage given under these conditions shall be in the form of a printed draft, which will be produced at the sale and may be inspected before the sale at the office of the auctioneers, or in such other form (if any) as may be approved by the Lords Commissioners of the Admiralty. Any guarantee given under these conditions shall be in such form as the Lords Com- Irissioners of the Admiralty shall require, and the guarantors (whether bankers or others) must be approved by the Lords Commissioners of the Admiralty.
X. The buyer must not be an enemy or a foreigner or foreign corporation or corporation under foreign control, and neither the vessel nor any share nor interest therein can be purchased on behalf of, in trust for, for the benefit of, or so as in any way to be under the control of, an enemy or a foreigner or foreign corporation or corporation under foreign control, and the buyer (or if the buyer is a corporation some principal officer of such corporation) shall, before completion, make and deliver to the Secretary of the Oversea Prize Disposal Committee a statutory declaration giving effect to this stipulation. Printed forms of the declarations required (one adapted to the case of an individual buyer and the other adapted to the case of the buyer being a corporation) will be produced at the sale and may be inspected before the sale at the office of the auctioneers. In the case of French, Belgian, or Italian buyers, certificates from their respective Governments will be required in place of the above declaration.
XI. The vessel will be sold subject to the express condition that during the continuance of the present war and a period of five years from the termination of such war neither the vessel nor any share therein shall be transferred or mortgaged to, or be held or owned by or in trust for, or in any way so as to come under the control of, any enemy or foreigner or foreign corporation or corporation under foreign control, either alone or jointly with another or others; and for the purpose of securing the due performance of this condition the buyer shall, before receiving the order for delivery of the vessel to him, execute a bond with a surety or sureties each of whom shall be a British subject domiciled in the United Kingdom, or a bank having its principal place of business in the United Kingdom, and in either case approved by the Lords Commissioners of the Admiralty. The bond shall be entered into for a sum equal to the amount of the purchase-money or such less sum (if any) as the Lords Commissioners of the Admiralty shall think fit to accept. Format of the bond can be seen at the office of the auctioneers. The bond will not be required from French, Belgian, or Italian, buyers, but in the case of Italian buyers a certificate will be required from the Italian Ministry of Marine and Railway Transport stating that the buyer has given an undertaking with proper guarantees for the fulfilment of the above conditions.
XII. For the purposes of and in these conditions:-
"Enemy" means and includes any person who is or is treated as an enemy, or with whom trading is forbidden, under any Act of Parlia- ment, Order in or of Council, or Royal Proclamation for the time being in force.
"Foreigner" means any person who is neither a British subject' resident or carrying on business in some part of His Majesty's Dominions, nor a French citizen, nor a Belgian, nor an Italian subject. Foreign corporation means any corporation which is neither a corpora- tion established under and subject to the laws of some part of His Majesty's Dominions, and having its principal place of business in those Dominions, nor a corporation established under and subject to the laws of France, Belgium, or Italy.
"Corporation under foreign control" includes:-
(a) A corporation of which the majority of the directors or persons occupying the position of directors, by whatever name called, are foreigners as above defined.
* See Annexuree (i) and (ii).
+ See Annexure (iii)
APPENDIX A.-REPORTS.
37
(b) A corporation shareholders in which holding shares or stock con- ferring a majority of the votes are foreigners or foreign corporations or persons who hold directly or indirectly for foreigners or foreign corporations as above defined.
(c) A corporation which is by any other means, whether of a like or a different character, in fact under the control of foreigners or foreign corporations as above defined.
(d) A corporation the executive whereof is a corporation within (a), (b)
or (c). Lastly. If any question arises at the auction as to who is the buyer of the vessel, the auctioneers are to determine the same.
, I,
Annexure (1) TO APPENDIX C TO (2). Form of Declaration by an Individual Buyer.
of
in the county of
the buyer of the vessel
do solemnly and sincerely declare as follows:-
I am a British subject and reside and/or carry on business in the following part of His Majesty's Dominions, namely:-
and I do not reside or carry on business in any State or Country at war with His Majesty or in any Colony or Dependency of any such State or Country or in any territory which is treated as enemy territory under any Act of Parliament, Order in or of Council, or Royal Proclamation for the time being in force.
I further solemnly and sincerely declare that there is no arrangement under which I am to hold the said vessel or any share or interest therein on behalf of or in trust for or for the benefit of or so that it shall in any way come under the control of any enemy, foreigner, foreign corporation or corporation under foreign control as those terms are respectively defined in the conditions of sale of the said vessel.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835.
Declared at
day of
this
191
Before me,
ANNEXURE (ii) TO APPENDIX C to (2). Form of Declaration on behalf of a Corporation.
in the county of
I,
the*
of oft
the buyer of the vessel
the person
making the
declaration
(Becretary or
(hereinafter called "the corporation") "Here insert to make this declaration do hereby solemnly and sincerely declare as follows:-
being duly authorized by the corporation the office of The corporation is not an enemy or a foreign corporation or corpora- tion under foreign control as those terms are respectively defined in the otherwise). conditions of sale of the said vessel and to the best of my knowledge there +Here insert is no arrangement under which the corporation is to hold the said vessel or the name of any share or interest therein on behalf of or in trust for or for the benefit of the corpor
or so that it shall in any way come under the control of any enemy foreigner stion. foreign corporation or corporation under foreign control as those terms are respectively defined in the said conditions of sale.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.
Declared at
this
day of
191.
Before me,
1
38
APPENDIX A.--REPORTS.
ANNEXURE (iii) to Appendix C ro (2). Form of Bond.