237
PUBLIC RECORD OFFICE
Reference :--
ཀ།། །།T mwimmim C.O.885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-—NOT TO
52
IN THE DISTRICT Court of Colombo.
In the matter of the Last Will and Testament of Philip Freudenberg, late of
Testamentary Jurisdiction, No. 3872.
Colombo, deceased.
Inventory.
All those the buildings and premises called and known
as Hultsdorf Mills
Rs.225,000
Premises Nos. 28 and 29 Belmont Street Colombo Premises No. 27 Belmont Street Colombo
5,250
1,500
The field and premises at Skinner's Road Colombo at
the back of the Hultsdorf Mills Portion of land to the rear of the Supreme Court
premises at Hultsdorf
8,500
1,720
All those the lands buildings and premises called and known as the Mattakuliya Farm at Mattakuliya Colombo
40,000
One undivided half of the block of buildings at
Prince Street Fort Colombo
250,000
45,000
5,750
862.50
2,333-33
All those the premises stores and mills called and known as Cotanchina Mills at Kotahene Colombo One undivided third of the buildings and premises at Kotahena Colombo adjoining Cotanchina Mills One undivided fourth of premises No. 40 Ferry Street
Colombo
One undivided fourth of premises No. 53 Wilson
Street Colombo
+
One undivided third of land at Ragama two acres
two roods Deceased's one-fourth share in the assets of the partnership of Freudenberg & Company of which the deceased Reinhart Freudenberg Winfried Freudenberg and Siegmund Freudenberg were partners One-fourth share of all the machinery plant stock and
effects at Hultsdorf Mills .. One-fourth share in the capital stock and property assets of the Freudenberg & Company including all book debts inter alia debts due by E. Maximiano Silva and his wife the estate of Sultan Marikar A. Fernando & Company and others
Value of household furniture effects and all other
movables
20,000
200,000
750,000
30,000
Rs.1,585,715-83
We Reinhart Freudenberg and Winfried Freudenberg of Colombo severally make oath and say as follows
:
1. We are executors of the last will and testament of the above-named Philip Freudenberg late of Colombo deceased.
2. To the best of our knowledge information and belief the above-written inventory contains a full true and correct account of all the property movable and immovable and rights and credits of the said Philip Freudenberg deceased so far as we have been able with due diligence to ascertain the same.
3. We have made a careful estimate and valuation of all the property the particulars of which are set forth and contained in the said inventory and to the best of our judgment and belief the several sums respectively set opposite to the several items in the said inventory fully and fairly represent the present values of the items to which they are so respectively set opposite.
Sworn to by R. Freudenberg and W. Freudenberg
at Colombo on this 22nd day of August, 1911.
Before me
STANLEY BO18.
Justice of the Peace.
R. FREUDENBERG. W. FREUDENBERG.
(Draft.)
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Enclosure 2 in No. 43.
AN ORDINANCE FOR THE LIQUIDATION OF ENEMY FIRMS. Preamble. Whereas it is expedient to make provision for the liquidation
of enemy firms: Be it therefore enacted by the Governor of Ceylon, by and with
the advice and consent of the Legislative Council thereof, as follows:-
1.
Short title. This Ordinance may be cited as "The Enemy Firms Liquida- tion Ordinance, No. of 1916."
2.
CHAPTER I.
Appointment, Powers, and Duties of Liquidators.
Governor may declare any person, firm, or company enemy firm and appoint liquidators.-The Governor in Executive Council, by Order in Council published in the Government Gazette, may declare
(a) Any person carrying on business in Ceylon at the commencement of the
present War who is an enemy, or
(b) Any partnership so carrying on business, the partners of which, or the
majority of the partners of which, are enemies, or
(c) Any company so carrying on business which is registered in Ceylon, and
to be an
the majority of the shares of which are held by enemies,
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enemy firm
within the meaning of this Ordinance, and may appoint
a liquidator or liquidators for the purpose of winding up the business of the said
firm.
3. Property rights of firm to vest in liquidator.-(1) Upon any such appoint- ment all the right, title, and interest of the said person, the said partnership, and all the members thereof, or the said company, as the case may be, in all the property of the firm, movable or immovable, shall vest in the liquidator (or liquida- tors) so appointed for the purpose of the liquidation.
(2) Every liquidator so appointed (including all persons declared by this Ordinance to be deemed to be so appointed) shall, for all purposes whatsoever, have as full rights as if the whole of the trade previously carried on by such firm, together with the goodwill of such trade and every part thereof, and all the property of every description of the firm, had been absolutely assigned to such liquidator for valuable consideration, and as if all the contracts of such trade had originally been entered into with such liquidator.
4. Duty of liquidator.-It shall be the duty of any liquidator so appointed-
(a) To realize all the assets of the said firm;
5
(b) To discharge all the liabilities of the said firm to the extent and in the
manner hereinafter provided;
(c) Generally to do all things necessary to wind up the business of the said
firm.
Powers of liquidator.--(1) For the purpose of the discharge of his duties under this Ordinance, every liquidator shall have the following powers :---
(a) To sell all the property, movable and immovable, of the firm, including the goodwill and trade-marks thereof, whether by public auction, tender, or private contract, with power to transfer the whole thereof to any person or company or to sell the same in parcels; (b) To do all acts and to execute, in the name and on behalf of the firm.
all conveyances, receipts, and other documents of every description; (c) To carry on the business of the firm so far as may be necessary for the
beneficial winding up thereof;
(d) To draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the firm, with the same effect with respect to the liability of the firm as if the bill or note had been drawn, accepted, made, or endorsed by or on behalf of the firm in the course of its business;
(e) To bring or defend any action or other legal proceeding, or otherwise to appear and take part therein, and to continue and maintain the part of the firm in any pending action or other legal proceeding to which the firm may be a party in the name and on behalf of the firm; (To raise on the security of the assets of the firm any money requisite; (g) To compromise any debt or claim;
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