CO129-592-18 Future policy and draft proclamations- custodians of property 1-8-1945 - 31-8-1945 — Page 31

Exercise by theigher Court of the jurisdiction conferred on the Supreme Court in relation to enemy property

Functions of the Custodian

General Powers of Custodian

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may have parted with or exhausted the said property, rights or powers or in so far as enemy measures may have rendered impossible such passing, vesting or exercise.

6.

The Higher Court constituted under Proclamation of the Military Administration shall have and may exercise in respect of enemy property all the powers vested in the Supreme Court under the Trading with the Enemy Ordinance, 1914, and the provisions of the said Ordinance relating thereto shall be read and construed in all respects as if the expression "the Custodian" therein referred to the Custodian of Property under this Proclamation.

7.

The Custodian shall take into his custody or bring under his effective supervision or control in so far as the nature and condition of such property, the needs of the Allied Forces, military exigencies and the exigencies of the service permit:-

8.

(a) all enemy property;

(b) all property of British subjects or British protected

persons and subjects of States allied to His Majesty the owners whereof are not in the Colony and are not, in the opinion of the Custodian, adequately and satisfactorily represented therein, or who, being in the Colony and being in the opinion of the Custodian unable effectively to administer such property, may in writing request the Custodian to take such property into his custody or under his control;

(c) all property the owners of which, whatever their

nationality,

(i) are unknown;

or

(ii) whose present whereabouts are unknown;

(d) any other property whatsoever where he deems it necessary so to do for the preservation of such property from loss or damage.

(1) The Custodian shall have, in respect of all property taken into his custody or brought under his supervision or control in accordance with the provisions of paragraphs (b), (c) and (d) of section 7 of this Proclamation, all the powers which he would have if he had been appointed the general or universal agent of the owner thereof under an irrevocable power of attorney and, without derogation from the generality of the foregoing words and in amplification and explanation thereof, the Custodian may in relation to any such property do all such acts as the owner might do by means of an agent and exercise all such discretions as the owner might exercise; to the intent that the Custodian may for the purposes of this Proclamation and as he may think best in the interests of the owner of such property, deal with such property in all respects as if he were the owner thereof: Provided that when any such property as aforesaid consists of leasehold premises wherein the interest of the owner is for an unexpired term exceeding three years, the Custodian shall not sell or assign, mortgage, surrender or otherwise dispose of such interest (except by a sub-letting for a term not exceeding three years) without the consent in writing either of the owner or of the Chief Legal Adviser or the Legal Adviser.

(2) Save as may be required for the performance of his functions under the Trading with the Enemy Ordinance, 1914, nothing in this Proclamation shall be construed as conferring any power or imposing any duty or obligation on the Custodian