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PUBLIC RECORD OFFICE

Reference:-

mmmmmC.O.

885/25

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

PUBLIC RECORD OFFICE, LONDON

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10. Enemy etc. not to acquire any interest in immovable property sold by the Receiver. No person in whom any immovable property sold by the Receiver or any part thereof or any right title or interest therein shall have become or shall become vested shall except with the authority of the Governor given with the consent of the Secretary of State in any particular case or in general and in the latter case by proclamation or otherwise sell transfer lease mortgage devise or bequeath such property or any part thereof or any right title or interest therein

deal therewith to or in any way

so that the same shall be acquired

or owned by or for or be held on behalf of or in trust for or for the benefit of or so as in any way to come under the control of (1) an enemy or enemy subject or gorporation under enemy control or (2) any person who but for the conclusion of any peace made in relation to the present War would be an enemy or enemy subject or corporation under enemy control and in either case either alone or jointly with another or others and if any person contravenes the provisions of this section such person or in the case of a deceased person his estate shall forfeit to His Majesty a sum of five thousand pounds to be recovered at the suit of the Attorney-General.

11. Forfeiture of interest acquired by an enemy etc.-If any enemy or an enemy subject or a corporation under enemy control purchases from the Receiver any immovable property contrary to the provisions of Section 9 or if any person in whom any immovable property sold by the Receiver or any part thereof or any right title or interest therein shall have become or shall become vested shall become either (1) an enemy enemy subject or corporation under enemy control or (2) a person who but for the conclusion of any peace in connexion with the present War would be an enemy enemy subject or corporation under enemy control or if any transfer lease mortgage devise or bequest of or other dealing with such immovable. property takes place in contravention of the provisions of Section 10 then and in the latter case without prejudice to the recovery of the penalty under Section 10 the Attorney-General may apply to the Supreme Court for a declaration that (a) any right title and interest acquired or purported to be acquired in contra- vention of the provisions of either of the said sections or held by any person who has become (1) an enemy enemy subject or a corporation under enemy control or (2) a person who but for the conclusion of any peace in connexion with the present War would be an enemy enemy subject or corporation under enemy control and (b) in the case of a contravention of Section 10 any right title or interest in the property concerned which may be vested in the person guilty of such contravention is forfeited to the Crown and the Court subject to the proviso following shall forfeit such right title or interest to the Crown accordingly provided always that in dealing with the application the Court may take into consideration the position of persons who not being themselves prohibited persons under Section 10 hereof have bona fide for value and without actual notice of or knowledge of the circumstances occasioning the liability to such forfeiture acquired any such right title or interest in such immovable property or who have acquired any right title or interest in such immovable property under the will or otherwise through or under any such persons and may make such order as it thinks fit wholly or partially relieving any such persons from forfeiture of such right title and interest so acquired by them or otherwise may make such order as it may under the circumstances deem equitable. 12. Forfeiture of interest vested in enemy etc. by intestacy. If under the intestacy of any person in whom any immovable property sold by the Receiver or any part thereof or any right title or interest therein shall have become or shall become vested any person being a prohibited person under Section 10 hereof acquires any right title or interest in such immovable property such right title or interest shall also be subject to forfeiture under the provisions of Section 11 hereof and the Court shall have the like powers of relieving against forfeiture as are in the said section mentioned.

13. Power to Governor to require any owner etc. of property to furnish particulars as to nationality etc.-(i) The Governor may at any time require any person claiming to be the owner lessee or mortgagee of any immovable property sold by the Receiver or of any part thereof or of any right title or interest therein to furnish him in writing with such particulars as appear to the Governor to be necessary to enable him to ascertain whether or not the person is or holds the property or any part thereof or any right title or interest therein for or on behalf of or in trust for or for the benefit of or in any way so as to come under the control of an enemy enemy subject or corporation under enemy control or of a person who but for the conclusion of any peace in connexion with the present War would be

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an enemy enemy subject or corporation under enemy control and in the case of a corporation may also require any Director of the corporation or person occupying the position of Director by whatever name called or the Secretary or any other officer of the corporation performing the duties of Secretary or any person acting as manager or agent for the corporation in connexion with the property to furnish the required particulars.

(ii) If any person fails when required to furnish such particulars as it is in his power to give or ascertain or furnishes particulars which are false in any material particular he shall be liable to a penalty of £100 or to six months' imprisonment or to both.

(iii) Where any particulars have been furnished in accordance with this section such particulars may be used in evidence against the person or corporation by whom they are furnished in any proceedings under Section 10 or Section 11 hereof and the fact that any person who has been required to furnish particulars in accordance with this section refuses or neglects to furnish such particulars as it is in his power to give or ascertain or furnishes particulars which are false in any material particular shall be prima facie evidence in the case of proceedings under Section 10 or Section 11 hereof that the person regarding whom the particulars were required is an enemy enemy subject or corporation under enemy control or a person who but for the con- clusion of any peace in connexion with the present War would be an enemy enemy subject or corporation under enemy control.

14. Registration of Ordinance.-This Ordinance shall be registered in the land registry for Nigeria and shall be deemed to be a valid and effectual registra- tion for the purposes of the Land Registration Ordinance 1915 with respect to all estates and interests vested in the Receiver by virtue of this Ordinance.

15. Indemnity to Receiver.-The Receiver shall not be personally liable in respect of any immovable property vested in him as aforesaid and this Ordinance shall be a complete indemnity to the Receiver for any acts done pursuant thereto. 16. Power to Governor to extend First Schedule.-The Governor may at any time by proclamation extend the first schedule hereto (a) by adding in the fourth column thereof the name of any firm in the Receiver of which it is desired to vest any right title or interest in immovable property (b) by adding in the second column thereof a description of the immovable property concerned and (c) by adding in the third column thereof a description of the estate or interest which it is desired to vest in the Receiver as aforesaid and all the provisions of the Ordinance shall thereupon apply as if this Ordinance had been passed with the schedule so extended.

No.

FIRST SCHEDULE,

Immovable property vested in the Receiver under Section 3 (2).

Description of Property.

Estale or Interes".

Firm.