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Section 12 provides for the enforcement of orders made
by the Court on applications for directions.
Sections 13, 14, 15, 16 and 17 are based on the Nigerian
draft Ordinance which was enclosed in the Secretary of State 'a
circular despatch of the 20th December, 1916, though in some
points that model has not been followed. An attempt has been
made to simplify the wording of the sections by introducing the
term "property under prohibited control", which is defined in
section 2.
The reference to the passing of the property
on intestacy has been omitted. The chief departure from the
Nigerian model is in connection with the forfeiture clause.
The forfeiture of the whole property is provided for, instead
of the forfeiture of the enemy interest, because it seemed that
without mome elaborate provisions difficult questions might
arise in dealing with the forfeited interest, for instance in
cases where the forfeited interest was that of a shareholder
in a company or wa S a future interest, and it was thought that
such questions would be dealtwith more conveniently for all
parties by means of negotiation with the Government. No doubt
the Crown #euld not claim more than the value of the enemy in-
terest where the other persons interested had acted bona fide
and after due enquiry, and the forfeiture would probably be mi-
tigated also in cases where the other persons interested, though
For similar reasons perhaps negligent, had acted bona fide,
the reference to relief against forfeiture has been omitted,
The se provisions, if continued indefinitely, would tend to depreciate the value of the properties affected, and no doubt a time will arrive when it will be very difficult to ascertain whether the proposed sale will or will not involve a breach of
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