T
MEMORANDUM.
8
1.
As arranged I am sending you this note of the
points on which I think that a reference to the Secretary of State
is necessary.
Some of these points relate to your work as Con-
troller and some to your work as Custodian.
2.
One main question is as to the meaning of the term "property rights and interests". In other words, what things are subject to the charge created by the Treaty of Peace Order, 1919. Clearly, immovable property and shares are subject to the charge, and other instances can easily be imagined, but doubt may be felt es to whether the following are subject to the charge:-
(a) Ordinary commercial debts, e.g. money due for
3.
goods sold and delivered.
(b) Deposit receipts and credit balances in current
accounts in banks.
(c) Bills of exchange.
(d) The rights of a purchaser of shares who has not yet
been placed on the register of shareholders.
(e) Dividends in company liquidations.
(f) The proceeds of German owed shares sold by the
company under its articles.
(g) Claims to damages for breach of contract.
(h) Claims to damages for tort.
The term "property, rights and interests" seems in itself wide enough to cover all the above examples, but the following considerations suggest some doubt on the point:-
(a) The property rights and interests charged must be
"within His Majesty's Dominions or Protectorates". Can a purely personal right be said to have any local situation? This point has of course been discussed in several revenue cases,
(b) In Article 1(xvi)(a) of the Order the reference to
companies and associations rather tends to throw
a
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