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PUBLIC RECORD OFFICE
(c) In the event of any alteration being made in this Memorandum UT the Articles of Association, or in the con- stitution of the Company, two months' previous notice of the intention to make such alteration shall be given in writing to the Governor or other officer for the time being administering the Govern ment of the Colony of Trinidad and Tobago, who, if in his opinion the said alteration shall be contrary to the car- dinal principle of the said lease that the lessee shall he and remain a British Company under British control, may refuse his consent to such alteration. (D) If and whenever any such alteration shall be minde without the written con- sent of the Governor or such other officer, or if this Company shall at any time cease to be a British Company, or shall become a corporation under foreign control, or shall assign any of the liber- ties, powers, and privileges granted by the said lease without the previous con- sent of the Governor or such other officer, the Governor or such other officer may thereupon cancel and determine all the liberties, powers and privileges thereby granted.
Dominica
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(c) In the event of any alteration being made in the Memorandum or Articles of Association or in the constitution of the Company, two months' previous notice of the intention to make such alteration shall be given in writing to the Governor or other officer for the time being administering the Government of the Colony of Trinidad and Tobago, who, if in his opinion the said alteration shall be contrary to the cardinal principle of the said lease that the lessee shall be and remain a British Company under British control, may refuse his consent to such alteration.
(p) If and whenever any such alteration shall be made without the written con- sent of the Governor or other such officer, or if the Company shall at any time cease to be a British Company, or become a Corporation under foreign control, or shall assign any of the privi leges, powers and provisions granted by the said lense without the previous con- sent of the Governor or other such officer, the Governor or other such officer may cancel all the privileges, powers and liberties thereby granted.”
Dominica Forests and Sawmills, Limited, 1911,
The Clauses in the Memorandum and Articles of Association are identical, and are as follows:---
Clause 4. So long as the Company shall enjoy the liberties, powers and privi- leges granted by the Agreement dated the 21st of January, 1910, between the Govern- ment of Dominica and the said Company called "Dominica Forests, Limited," the following provisions shall have effect, namely:-
(A) The Company shall always be and remain a British Company regis- tered in Great Britain or a British Colony, and having its principal place of business within His Majesty's dominions, and the Chairman of the Com- pany and a majority of the other Directors shall at all times be British subjects, and the Company shall not at any time be or become directly or indirectly controlled by foreigners or a foreign corporation.
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(B) In this provision the expression" foreigner means any person who is not a British subject, and the expression "foreign corporation means any corporation other than a corporation 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.
(c) In the event of any alteration being made in this Memorandum or the Articles of Association, or in the constitution of the Company, two months' previous notice of the intention to make such alteration shall be given in writing to the Administrator or other officer for the time being administering the Government of the Presidency of Dominica, who, if in his opinion the said alteration shall be contrary to the principle of the said Agreement that the Company shall be and remain a British Company under British control, may refuse his consent to such alteration.
(D) If and whenever any such alteration shall be made without the written consent of the Administrator or such other officer, or if this Company shall at any time cease to be a British Company, or shall become a Corpora- tion under foreign control, or shall assign any of the liberties, powers and privileges granted by the said Agreement without the previous consent of the Administrator or such other officer, the Administrator or such other officer may thereupon cancel and determine all the liberties, powers and privileges thereby granted.
Trinidad. (See West Indian No. 180.)
(a) Draft Exploration Licence.
Clause 4. This permission shall not nor shall any right or interest thereunder be assigned or transferred without the consent in writing of the Governor.
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(b) Draft Prospecting Licence (Oil). COVENANTS BY LICENSEES.
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Clause 5. The Licensees will not grant or assign any interest under this licence to any person or persons whomsoever without the previous consent in writing of the Governor and such person or persons shall be and remain British subjects.
(c) Draft Mining (Oil) Lease (Schedule).
PART VII-THE LESSEE'S COVENANTS.
Clause 1. The lessee shall at all times be and remain a British Company registered in Great Britain or a British Colony, and having its principal place of business within His Majesty's dominions, and the Chairman of the said Company and a majority of the other Directors shall at all times be British subjects, and the lessee shall not at any time be or become directly or indirectly controlled by foreigners or a foreign corporation.
In this clause the expression" foreigner" means any person who is not a British subject, and the expression" foreign corporation " means any corporation other than a corporation 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.
In the event of any alteration being made in the Memorandum or Articles of Association or in the constitution of the lessee,
Alter this paragraph to provide that only such alterations as might conceivably affect the British character of the Com- pany need be submitted to the Governor. but that all alterations should be reported to him.
Add a paragraph providing that the local general manager, and as large a proportion of the staff employed by the jessee as circumstances may permit, shall be British subjects.
two months' previous notice of the intention to make such alteration shall be given in writing to the Governor who, if in his opinion the said alteration shall be contrary to the cardinal principle of this deed that the lessee shall be and remain a British Company under British control, may refuse his consent to such altera- tion. If, and whenever, any such alteration shall be made without the written consent of the Governor, or if the lessee shall at any time cease to be a British Company or shall become
a Corporation under foreign control, or shall assign any of the liberties, powers, or privileges hereby granted, without the previous consent in writing of the Governor, the Governor may thereupon cancel and determine all the liberties, powers and privileges hereby granted.
Clause 24.
(B) ARBITRATION CLAUSES.
Ceylon.-Lease of Pearl Fisheries, 30th November, 1905.
For the purposes mentioned in this Lease a Board of Arbitration shall from time to time be constituted. The Board of Arbitration shall consist of three Members of whom one shall be the Chief Justice or acting Chief Justice for the time being of the Colony or (if he shall be unable or unwilling to act) such other person as shall be agreed upon between the Lessors and the Company or as in default of such Agreement shall be nominated by His Majesty's Secretary of State for the Colonies and the two other Members of the Board of Arbitration shall from time to time be respectively nominated by the Lessors and the Company respectively either for a fixed period or otherwise. Any nominated Member of the Board of Arbitration may at any time (except during the progress of any proceedings of the Board of Arbitration) be removed by the party by whom such Member has been nominated. The decision of the majority of the Board of Arbitration shall be treated as the decision of the Board of Arbitration. The Board of Arbitration may from time to time regulate their own Meetings and procedure as they may think fit and they shall not be subject to any Ordinance or other statutory provisions with respect to Arbitration.
If either of the said parties the Lessors or the Company shall for 30 days after being requested by the other party so to do fail to nominate a Member of the Board of Arbitration to fill any vacancy in the Board of Arbitration which ought to be filled by a nomination to be made by such party then the other Members of the Board of Arbitration may act notwithstanding such vacancy.
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21 PUBLIC RECORD OFFICE, LONDON
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