66854-1920-Treaty-of-Peace-Austria-Order-1920 — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 12, 1920.

(xvi) The Clearing Office, out of the money collected by them, and the Adminis- trator, out of the property, rights and interests or proceeds thereof vested in or collected or received by him under this Order, shall retain such sums as, subject to the consent of the Treasury, the Clearing Office or Administrator may consider necessary to cover risks, expenses and commissions. (xvii) Proceedings by and on behalf of the Clearing Office and proceedings by the Administrator may be taken by and in the name of the Administrator, who may by the name of the Administrator of Austrian property sue and be sued, and

be awarded to or against the Administrator.

costs may (xviii) Every documeat purporting to be an order or other instrument issued by the Clearing Office and to be signed by the Administrator or by the secre- tary of the Clearing Office or by any other person authorized by the Adminis- trator, and every document purporting to be an order or other instrument issued by the Administrator and to be signed by him or any other person authorized by him shall be received in evidence and shall be deemed to be such order or instrument without further proof unless the contrary is shown, and in any proceeding by the Clearing Office, or by the Administrator to recover a debt or fine, a report purporting to be signed by the Administrator or any other person authorized by him shall be evidence of the facts therein stated.

(xix) A certificate signed by the Administrator that an order or other instrument

purporting to be made or issued by the Clearing Office or by the Adminis trator is so made or issued shall be conclusive evidence of the facts so certi- fied.

(xx) The Documentary Evidence Act, 1868, as amended by any subsequent enact- ment, shall apply to the Clearing Office and to the Administrator in like man- ner as if they were respectively mentioned in the first column of the First Schedule to that Act, and as if the Administrator or any person authorized by him to act on his behalf were in relation both to the Clearing Office and the Administrator mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any documents issued by or on behalf of the Clearing Office or the Administrator.

(xxi) All decisions of the Mixed Arbitral Tribunal constituted under Section VI. of Part X. of the Treaty, if within the jurisdiction of that tribunal, shall be final and conclusive and binding on all courts.

(xxii) The Administrator may undertake on behalf of a British national the presen- tation to and conduct before the Mixed Arbitral Tribunal of any claim, differ- ence or dispute referable to the Tribunal under the provisions of sections IV., V., and VII. of Part X. of the Treaty, and may make regulations with the consent of the Treasury in respect of the fees to be charged in respect of such services.

(xxiii) For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, wherever sitting, whether within or without His Majesty's Dominions, and compelling the production before the tribunal of documents, a Sceretary of State shall have power to issue orders which shall have the like effect as if the proceedings before the tribunal were in action in a court and the order were a formal process issued by that court in the due exercise of its jurisdiction, and shall be enforceable by that court accordingly, and disobedience to any such order shall be punishable as contempt of court. (xxiv) The time at which the period of prescription or limitation of right of action referred to in Article 252 of the Treaty shall begin again to run shall be at the expiration of six months after the coming into force of the Treaty, and the period to be allowed within which presentation of negotiable instruments for acceptance or payment and notice of non-acceptance or non-payment or protest may be made under Article 253 shall be ten months from the coming into force of the Treaty.

(xxv) Rules made during the war by any recoguised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy and any action taken thereunder are hereby confirmed, subject to the provisoes contained in paragraph 4 (a) of the Aunex to Section V of Part X of the Treaty.

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