147
331
With the dissolution of the partnership I had under my consideration the best way of securing the payment of this amount by Mr. A. J. Storey as the Government had a contingent interest in the sum in question. After discussion an arrange- ment was come to that Mr. Storey should execute a mortgage of the store and of the goodwill of the business, and of all moneys received by or to become due in respect of the business. Mr. Storey was to undertake to liquidate the sums due by the payment of £500 per month for the first six months from the 1st November, 1915, Mr. Storey was and thereafter £1,000 per month until the sum was paid off. further to pay four per cent. interest on the sum outstanding due on the 30th day of June and 31st day of December in each year.
A deed was drawn up on these lines, and was sanctioned by the court on the 24th day of December, 1915. The deed further provides that, in the event of any of the instalments being unpaid, the whole amount shall immediately become due. Mr. Storey has already paid two sums of £500 under the deed, and those sums have been invested in the War Loan. Mr. John Scott, a solicitor of Blantyre, has been appointed Receiver under the deed with the usual powers of Receiver.
Zomba, Nyasaland,
13th January, 1916.
10112
No. 137.
ALAN HOGG,
Attorney-General.
EAST AFRICA PROTECTORATE.
THE SECRETARY OF STATE to THE GOVERNOR.
(No. 157.) SIR,
Downing Street, 7th March, 1916. I HAVE the honour to acknowledge the receipt of your despatch No. 876, of the 22nd of December last,* and to transmit to you, for your information, the accompanying copy of correspondencet with the Public Trustee on the subject of a draft for £1,000 on the London Office of the National Bank of India purchased from the Mombasa office of the bank by a German firm now in process of liquidation.
2. Having regard to the evident solvency of the German firm in the Protec- torate it does not seem necessary to take any further steps in the matter.
I have, &c.,
11546
SIR,
No. 139.
COLONIAL OFFICE to BOARD OF TRADE.
[Copy to War Office, 14 March. L.F.]
Downing Street, 14th March, 1916. WITH reference to the letter from this Department of the 3rd of January* regarding the action taken by the authorities in the East Africa Protectorate with regard to Messrs. Schauer. Welter & Company, Limited, I am directed by Mr. Secretary Bonar Law to inform you that on the 23rd of February he addressed a telegramt to the Governor of the Protectorate directing him to put into opera- tion there the recommendations contained in the report of the Interdepartmental Committee as to liquidation of enemy firms, in which the Board of Trade signified their concurrence in their letter of the 14th January.‡
2. This telegram directed the Governor to report whether he had already appointed a liquidator to Messrs. Schauer, Welter & Company, and whether he saw any objection to the application of the Committee's recommendations to them. In reply to this a telegram has been received from the Governor, a copy of which is enclosed. Mr. Bonar Law would be glad to be informed whether the Board of Trade see any objection to the recommendations of the Committee being applied in the case of this Company.
3. In this connexion I am to observe that the Secretary of State understands, from information received from the Protectorate, that Messrs. K. Schauer and M. Welter, referred to in the Board of Trade's letter of the 21st of December,|| are both enemy subjects, while it appears probable that the same is true of H. Dautzenberg.
4. Mr. Bonar Law assumes that, as the business of the Company appears to the Board to take any action against it under Section 1 (1) of the Trading with be carried on solely in the East Africa Protectorate, it would not be possible for the Enemy (Amendment) Act, 1916.
12544
No. 140.
I am, &c.,
H. J. READ.
EAST AFRICA PROTECTORATE: ZANZIBAR: NYASALAND. THE SECRETARY OF STATE to THE GOVERNORS AND THE RESIDENT.
A. BONAR LAW.
(East Africa Protectorate. No. 188.) (Zanzibar. No. 26.) (Nyasaland. No. 54.)
SIR,
PUBLIC RECORD OFFICE
Reference :-
CO.885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Nos. 130 and 181.
11546
No. 138.
EAST AFRICA PROTECTORATE.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 6.6 p.m., 8th March, 1916.)
[Copy to War Office, 14th March, 1916. L.F.] TELEGRAM.
No. 65. Your telegram 23rd February. Schauer & Welter not liquidated because they are British Company, but Controller has been appointed under Trading with the Enemy Ordinance, 1915, Section 4. In view of shareholders being mainly enemy subjects, propose to take power to liquidate in accordance with recommenda- tions of your Committee.-BowRING (for the Governor).
* No. 124.
t Nos. 188 and 135.
No. 120.
Downing Street, 14th March, 1916. WITH reference to paragraph [8] [5] of my despatch of the 24th of Feb- ruary regarding the liquidation of enemy firms, I have the honour to enclose, for your information, a summary of a memorandum which has been received from the Board of Trade on this subject.
Enclosure in No. 140.
I have, &c.,
A. BONAR LAW.
No trade-mark should be sold unless the goodwill of the business in which the trade-mark is used is also transferred to the purchaser.
Trade-marks registered in the joint names of enemy firms and British firms should only be sold with the consent and approval of the joint British owner.
The best course would be for the joint interest of the enemy firm to be pur- chased by the British joint owner. The trade-mark connotes in the majority of
* No. 120.
† No. 129.
$ 2829.
§ No. 188.
|| No. 117.
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