Power of Governor to require owner of property
to furnish certain particulars.
Goodwill and trade marks vested in
Custodian.
Ordinance No. 40 of 1909. Ordinance No. 4 of 1890.
114
(2.) The forfeiture provided in this section shall be with- out prejudice to any penalty, to which any person may be liable.
17.-(1.) The Governor may at any time require any person claiming to be the owner of or to be entitled to any immovable property sold by a liquidator in any winding up under the Alien Enemies (Winding up) Ordinauces, 1914 to 1917, or any part thereof, to furnish to him in writing such particulars as may appear to him to be necessary to enable him to ascertain whether or not such property or such part thereof is under prohibited control, and in the case of a corporation may require any officer of the cor- poration to furnish the required particulars,
(2.) If any person fails when required to furnish such particulars as it is in his power to give or ascertain, or furnishes particulars which are false in any material particular, he shall be liable upon summary conviction to imprisonment for any term not exceeding one year and to a fine not exceeding five thousand dollars.
(3.) Where any particulars have been furnished in accordance with this section such particulars may be used in evidence against the person or corporation by whom they are furnished in any proceedings under this Ordinance, and the fact that any person who has been required to furnish particulars in accordance with this section refuses or neglects to furnish such particulars as it is in his power to give or ascertain or furnishes particulars which are false in any material particular shall be primâ facie evidence in the case of proceedings under this Ordinance that such property or such part thereof is under prohibited control.
18. The following are hereby vested in the Custodian of Enemy Property as from the commencement of this Ordinance :-
(a) The goodwill of every trade formerly carried on in the Colony by any person who is, or at any time since the 4th day of August. 1914, has been an alien enemy, or by any such person in partnership with any other person, except in so far as any such goodwill may have been validly transferred before the 5th day of Angust, 1914, to some person who is not, and has not since the 4th day of August, 1914, been, an alien enemy.
(b) All rights whatsoever in respect of any trade mark as defined in the Trade Marks Ordinance, 1909, or in respect of any trade description as defined in the Merchandise Marks Ordinance, 1890, which are vested in or exercisable by any person who is, or at any time since the 4th August, 1914, has been, an alien enemy, or which would be exercisable by any such person- but for the existence of a state of war and had he continued to possess such rights up to the commencement of this Ordinance.
(c) Without prejudice to any other provision in this section contained, the goodwill of every trade formerly carried on in the Colony by any person whose affairs are being, or have been, wound up by a liquidator appointed under the principal Ordinance, and all rights whatsoever in respect of any trade mark or trade description used in connection with such goodwill or trade which are vested in or exercisable by any such person or which would be exercisable by any such person but for the existence of a state of war and had he continued to possess such rights up to the commencement of this Ordinance. (d) The goodwill herein referred to shall not, for the purposes of this Ordinance and of vesting the aforesaid rights in the Custodian of Enemy Property, be deemed to have determined by reason of the principal Ordinance or of the existence or continued existence of a state of war or of any circumstances arising therefrom, but the said trade marks shall be deemed to
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