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PUBLIC RECORD OFFICE

Reference:

MC.O.

885/25

PUBLIC RECORD OFFICE, LONDON

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

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“Corporation under enemy control" includes :---

(4

(a) A corporation of which the majority of the Directors or persons occupying the position of Directors, by whatever name called, are enemy subjects.

(b) A corporation shareholders in which holding shares or stock con- ferring a majority of the votes are enemy subjects or enemy corpora- tions, or persons who hold directly or indirectly for enemy subjects or enemy corporations.

(c) A corporation which is by any other means, whether of a like or a different character, in fact under the control of enemy subjects or enemy corporations.

(d) A corporation the executive whereof is a corporation within (a),

(b), or (c):

Enemy subject" includes any person who is, or is treated as, an enemy under any Act of Parliament, Order in or of Council, or Royal Proclamation for the time being in force.

means a corporation established under and subject to Enemy corporation" the laws of a state or country at war with His Majesty, or of a Colony or Depen- dency of any such state or country.

3. Immovable property of firms to vest in Receiver and be sold by him.~All immovable property in Nigeria belonging to or reputed to belong to any firm shall be deemed to have vested in the Receiver as from the date of his appointment, and the Receiver shall, as soon as conveniently may be after the commencement of this Ordinance, sell by public auction, or, with the approval of the Court, by private treaty, all such property not previously sold by him.

4. Procedure when the title of the firm is in doubt. Whenever the Receiver shall be in doubt whether any particular property is vested in him by virtue of the provisions of the last preceding section he shall apply to the Governor for direc- tions, and the Governor may, if he is satisfied that there is reason to believe that the property was immediately before the nineteenth day of November, 1914, owned by the firm, declare by writing under his hand the nature of the estate or interest which shall vest in the Receiver and which the Receiver shall sell, and such estate or interest shall vest in the Receiver.

5. Provisions to apply on the sale of immovable property of firm.-On the sale, whether before or after the commencement of this Ordinance, of any immov- able property by the Receiver the following provisions shall apply :-

(a) The estate or interest vested in the Receiver and purported to be sold

shall vest in the purchaser free from all mortgages or other charges. (b) Every estate or interest of the firm or of any enemy subject, enemy corporation, or corporation under enemy control, in the property, whether identical with the estate or interest sold or not, shall be absolutely extinguished.

(c) Any estate or interest of any person other than those mentioned in the last preceding paragraph in the property which is inconsistent with the estate or interest vested in the purchaser shall be absolutely extinguished. (d) The proceeds of the sale of the property, after deducting the expenses of or in connexion with the sale, shall be paid into Court to be dealt with as hereinafter provided.

(e) The amount of any mortgage or other charge upon the property created before the nineteenth day of November, 1914, which shall be established to the satisfaction of the Court as hereinafter provided, shall be paid to the person entitled thereto, not being an enemy subject or enemy corporation, out of the proceeds of the sale of the property paid into Court.

an enemy (f) If any person other than the firm or an enemy subject or

corporation shall prove to the satisfaction of the Court, as hereinafter provided, that he held an estate or interest in the property sold which was acquired before the nineteenth day of November, 1914, and which has been extinguished by reason of the provision of this section, he shall be entitled to receive out of the proceeds of the sale of the property paid into Court, after deducting any payments made under the last preceding paragraph of this section, such compensation as the Court may determine.

6.

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(g) No payment shall be made under either of the two last preceding paragraphs to a corporation under enemy control except with the consent of the Governor.

(h) Save as in this section provided no person shall be entitled to receive from the Receiver, or from the Government, any compensation for any damage suffered by reason of the sale of the property.

Notice of the sale of immovable property to be given.-(1) After the sale of any property under this Ordinance, a notice of the sale, with a description of the property sold, shall be inserted in the London Times newspaper and in one or more newspapers published in Nigeria, and any person claiming to be entitled to any payment under the last preceding section shall, within three months after the date of such notice, send to the Court a statement of his claim, and, if the claimant is not resident in Nigeria, the name of some person resident in Nigeria whom the claimant has appointed as his agent to repreesent him in respect of bis claim.

(2) After the expiration of three months from the date of such notice the Court shall, if any claim has been made under Sub-section (1), issue a summons to the Receiver and to the claimant or his agent calling upon them to appear at a time and place named, when the claim will be heard and determined.

(3) After the expiration of three months after the date of the notice afore- said, and after the determination of the claims (if any) of which notice has been given as aforesaid, the proceeds of the sale paid into Court or the balance (if any) thereof, after deducting any payments authorized by the Court, shall be paid to the Receiver and may be dealt with by him in the like manner as other assets of the firm.

7. Receiner may assign leases without consent of the lessor.-Except where the Crown is the lessor the Receiver may sell or assign any leasehold property without the consent of the lessor, any covenant or condition in the lease to the contrary notwithstanding, and such sale or assignment shall not constitute a breach of any covenant or condition.

8. Receiver not to sell property to an enemy, enemy corporation, or a corpora- tion under enemy control.--(1) The Receiver shall not self any immovable property to an enemy subject or enemy corporation or corporation under enemy control, or to any person acting for an enemy subject or enemy corporation or corporation under enemy control, and shall not complete any sale of immovable property unless and until the purchaser shall have made a statutory declaration in the form in the Schedule.

(2) If an enemy subject or enemy corporation or corporation under enemy control, or any person acting for an enemy subject or enemy corporation or corpora- tion under enemy control, shall purchase from the Receiver any immovable property the sale shall be null and void, and

(a) the immovable property shall be forfeited to the Crown, and (b) the purchase money shall be dealt with as hereinbefore provided, except that any payments directed to be made to the Receiver by Section 6 (3) shall be made to the Treasurer on behalf of the Government unless the Governor shall otherwise direct.

9. No enemy or enemy corporation or corporation under enemy control to acquire any interest, etc., in property sold during the War or for

years after

the termination of the War-No immovable property sold by the Receiver, and no estate or interest in any such property or in any part thereof, shall during the continuance of the present War, or during a period of tion of such War, be transferred or mortgaged to or acquired or owned

years from the termina-

in trust for or in any way so as to come under the control of an enemy subject. or held enemy corporation, or corporation under enemy control, either alone or jointly with another or others, and on the sale of any immovable property by the Receiver the purchaser shall be required to execute a bond in the form in the Schedule with one or more sureties to be approved by the Receiver.