CO129-442 - Governor Sir May - 1917 [4-6] — Page 104

3-

102

Section 3 gives the Court wider power to stay legal pro-

Cases may arise in

ceedings brought against liquidators.

which justice could not be done if the case were heard during

the war, owing, for instance, to the impossibility of obtain-

ing evidence, and it seems desirable that the decision on such

a point should rest with a judicial tribunal and not with the

executive.

Some doubtful cases have already arisen. It is

possible that the Court already has inherent jurisdiction in

the matter but it seemed advisable to give it express jurisdic-

tion.

The same remarks apply to section 4, which amends the sec-

tion of Ordinance No. 11 of 1915 which deals with the staying

of actions brought against alien enemies. This section also

extends that section to all legal proceedings including arbitra-

tions.

Sub-section (1) of section 5 is intended to remove possible

doubts, which might be based on the wording of sub-section (1)

of section 5 of Ordinance No. 28 of 1914, as to the extent of

the power to appoint a liquidator. Liquidators have been ap-

pointed in the case of firms which had neutral and even British

In partners, e.g. Carlowitz & Co. and Arnhold Karberg & Co.

other cases it is not known if some of the enemy subject partners

have ever been in the Colony. In a few cases where the con-

signment terms could not be complied with liquidators have been appointed to sell consignment goods belonging to enemies and

The reference to held by firms which were being wound up. alien enemy executors and administrators is due to the fact that the legal estate in certain leasehold property belonging to one