CO882-(6-8) — Page 505

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

8 PUBLIC RECORD OFFICE, LONDON

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10. The costs of the Company incurred in arbitration under this Ordinance shall except and so far as the Court otherwise determine be borne in the first instance by the Government and shall be a charge upon the revenues of the Board. The Court shell-upon-the-application-of-the-Government may order the taxation of any such costs in such manner and on such scale or principle as they may think fit.

11. Pending the payment to the Company of the sum referred to in Section 5 the Board or the Government on behalf of the Board shall pay to the Company from the date mentioned in Section 3 interest at the rate of 12 per cent. per annum on the ordinary share capital of the Company as constituted on the 10th December

1904.

11a. The accounts and balance sheet of the Company up to the date referred to in Section 3 shall be made up and audited as soon as practicable after the said date and such an amount as may be certified by an Auditor appointed by the Court to be the balance representing profits available for distribution as dividend shall be paid over by the Government to the Company, but in determining the compensation for the transfer of the undertaking of the Company, the sum payable to the Company under this Section shall not be valued as forming part of the undertaking.

11b. For the purpose of enabling the Company to prepare and conduct their case for arbitration under this Ordinance and generally to carry on their business and to wind up their affairs

(a) The Company may after the date referred to in Section 8 temporarily retain for their own use such offices, books, accounts and documents and the services of such officers and servants, as may be agreed upon between the Government and the Company or failing agreement be determined by the Court and

(b) Any officer of and any other person authorised in that behalf by the Company shall have free access to all the works transferred to the Government from the Company for the purpose of inspecting those works, and to all books, accounts, and documents of the Company in the possession of the Government, for the purpose of inspecting copy- ing and making extracts from the same and shall have all proper facilities for the purposes aforesaid, and

(c) There shall be paid by the Government to the Company from time to time on account of any sums which may ultimately be found to be due to the Company from the Government such sums as may be agreed upon between the Government and the Company or failing agreement as may be determined by the Court.

12. The Board shall be appointed by the Governor. One-third of the members shall retire by rotation every 3 years but may be re-appointed if the Governor shall see fit. Of the original members, those to retire in the first and second

years shall be determined by lot.

(2) The Governor may at any time by writing under the hand of the Colonial Secretary remove any member from the Board and such member shall forthwith cease to act.

(3) In the event of a vacancy among the members of the Board from whatever cause arising the Governor may appoint another person to fill the vacancy and such person shall hold office for the unexpired term of office of the member whom he replaces.

(4) In addition to the members referred to above, the Governor may appoint two official members who shall hold office during the pleasure of the Governor.

(5) The Chairman of the Board shall be appointed by the members from among themselves subject to the confirmation of the Governor. He shall not be an official member.

13. The members of the Board shall receive such fees or remuneration as the Governor may from time to time determine.

14. The Governor may from time to time issue to the Board such instructions as he shall see fit and the Board shall forthwith give effect to such instructions.

15. No member of the Board and no person employed by the Board shall be deemed to be a member of the Civil Service of the Colony by reason only of such employment.

16. Subject to the provisions of this Ordinance all persons employed by the Board shall be appointed by the Board at such rates of salary or wages as the Board may determine and any such person may be dismissed by the Board with such notice or compensation in lieu of notice as is customary in each case.

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16a. (1) Every Officer and Servant of the Company employed in the Colony If there upon or in connexion with the undertaking immediately before the date referred to are no such in Section 3 (all which Officers and Servants are in this Ordinance referred to as the words conditions existing Officers and Servants) shall as from the said date become an Officer or in brackets Servant of the Board and shall hold his Office or situation by the same tenure and should be upon like terms and conditions (including all conditions regarding pension or other omitted. superannuation allowance) under the Board as he would have held the same under the Company if this Ordinance had not been passed and while performing the same duties shall receive not less salary, wages, or pay than he would have been entitled to if this Ordinance had not been passed.

(2) Every existing Officer and Servant shall perform such duties as they may be required to perform by the Board.

(3) The Board may abolish the Office or situation of any existing Officer or Servant which they deem unnecessary and any existing Officer or Servant required to perform duties such as are not analogous or which are an unreasonable addition to those which as an Officer or Servant of the Company he was required to perform may relinquish his office or service and every existing Officer or Servant whose office is so abolished or who so relinquishes office or service as aforesaid or who other- wise suffers any direct pecuniary loss in consequence of this Ordinance shall be entitled to be paid by the Board compensation for such pecuniary loss, regard being had to the conditions on which his appointment was made, the nature of his office or employment, the duration of his services, and any other circumstances affecting the

case.

(4) If within a period of 5 years after the said date the services of any existing Officer or Servant are dispensed with by the Board because his services are not required and not on account of misconduct or incapacity or the salary to any such Officer or Servant is reduced the Officer or Servant shall be deemed to have suffered direct pecuniary loss in consequence of this Ordinance.

(5) The temporary retention after the said date of the services of an Officer or Servant by the Company in accordance with the provisions of this Ordinance shall in no wise prejudice or affect his rights under this Section.

(6) Any difference which may arise between any existing Officer or Servant By whom and the Board as to whether such Officer is entitled to compensation under the provi- is the sions of this Ordinance or as to the amount of such compensation shall be determined Arbitrator by an Arbitrator to be appointed in each case by

whose decision to be shall be final and the costs of every such Arbitration shall be borne as the Arbitrator appointed.

shall direct.

(7) Lewis Fraser the Secretary to the London Committee of the Company Probably a who has been in the service of the Company for 19 years if he continues to hold that reference to office till the date referred to in section three shall on that date be entitled to relin- the pro quish his office and to be paid by the Board a pension or superannuation allowance visions of for the remainder of his life amounting to two-thirds of the salary payable to him tration on the tenth day of December 1904.

the Arbi-

Ordinance

better here.

(8) Every other officer or servant in the office of the London Committee of the would be Company or employed by the Company in London and in such employment both on the tenth day of December 1904 and on the date referred to in section three shall be paid by the Board by way of compensation for loss of office an amount equivalent to eighteen months' salary or wages of the salary or wages payable to him on the tenth day of December 1904 and such payment shall be made within one month after the date referred to in section three.

(9) All payments to which the Board may become liable under this Section may be paid by the Government in the first instance out of the funds of the Colony.

166 (1) The Government shall pay the Company by way of compensation for the loss of office sustained by such of the directors and by such of the London Com- mittee as were in office both on the tenth day of December 1904 and on the date referred to in section three such sums respectively as may be agreed upon between the Government and the Company or in default of agreement as may be determined by the Court, due regard being had to the nature and tenure of the office.

(2) The sum paid to the Company under this section as compensation to the Directors for loss of office shall be distributed amongst the Directors entitled to such compensation in such proportions as those directors or a majority of them