• TABLE OF CONTENTS
HIDE
 Main
 Imperial Instrument no. 1...
 Imperial Instrument no. 2...
 Imperial Instrument no. 3...














Group Title: Official gazette, Dominica.
Title: Official gazette - Dominica
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076862/00250
 Material Information
Title: Official gazette - Dominica
Physical Description: v. : ; 31 cm.
Language: English
Creator: Dominica
Publisher: s.n.
Place of Publication: Roseau
Frequency: weekly
regular
 Subjects
Subject: Politics and government -- Dominica   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: v. 1- April 5, 1865-
 Record Information
Bibliographic ID: UF00076862
Volume ID: VID00250
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000976222
oclc - 01670671
notis - AEV1925

Table of Contents
    Main
        Page 263
        Page 264
        Page 265
        Page 266
        Page 267
        Page 268
        Page 269
        Page 270
        Page 271
        Page 272
        Page 273
        Page 274
    Imperial Instrument no. 1 of 1952
        Page A-1
        Page A-2
        Page A-3
    Imperial Instrument no. 2 of 1952
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
        Page A-9
        Page A-10
        Page A-11
        Page A-12
        Page A-13
        Page A-14
        Page A-15
        Page A-16
        Page A-17
        Page A-18
        Page A-19
        Page A-20
        Page A-21
        Page A-22
    Imperial Instrument no. 3 of 1952
        Page A-23
Full Text
















Dominica.


Official


Gazette.


ROSEAU, THURSDAY, AUGUST 13, 1953.

Government Notices.


No. 204
THE attention of the General Public
is invited to the scheme for organisa-
tion of relief in the event of a hur-
ricane, which is re-published in this
issue of the Oficial Gazette.
2/30.

ORGANISATION AND PROCEDURE FOR
REPORTING ON DISTRESS AND
ORGANISING RELIEF IN THE
EVENT OF A HURRICANE

HURRICANE DISTRICTS.
1. For the purpose of hurricane
report and relief, the Colony shall
be divided into the following four
Hurricane Districts:-
(a) THE ROSEAU DISTRICT, as
bounded by the jurisdiction of
the Roseau Town Council.
(b) THE WESTERN DISTRICT, being
Magisterial District "E" ex-
cluding Roseau.
(c) THE SOUTH EASTERN DISTRICT,
being Magisterial District "F".
(d) THE NORTHERN DISTRICT, be-
ing Magisterial District "G.".
DISTRICT HURRICANE
AUTHORITIES.
2. There shall be a District Hurri-
cane Authority for each District as
follows :-
(a) For THE ROSEAU DISTRICT, the
Roseau Town Council.
(b) For THE WESTERN DISTRICT,
the Magistrate, District "E."
(c) For THE EASTERN DISTRICT,
the Magistrate, District "F".


SOi) ^7


No. 56


(d) For THE NORTHERN DISTRICT,
the District Officer.
HURRICANE REPORTS.
3. Each District Hurricane Authori-
ty will submit urgently to the Adminis-
trator his first rough Report as soon
as possible after the disaster. The
Report should give such information
as may be considered fairly accurate
and also an opinion as to the extent
of the disaster in those parts of the
district from which there are only
rumours, with an estimate of the pos-
sible requirements in the way of relief.
This report should also give a rough
estimate of loss of life, serious per-
sonal injury, damage to houses and
destruction of food crops and food sup-
plies, and number of individuals ren-
dered destitute.
4. Each District Hurricane Authori-
ty will send in further reports correct-
ing and amplifying the first report and
giving such details as are possible, as
soon as receipt of information justifies
his doing so; and he will continue to
send in daily or periodical reports, as
may be necessary, acting on his own
discretion.
5. The Officials of each District will
afford the District Hurricane Authority
all the information in their power,
with the least possible delay, in order
that the report may be full and com-
plete.
RELIEF.
6. In addition to the District Hur-
ricane Authorities, Local Hurricane
Authorities have been appointed as
follows:-


VOL. LXXVI.


Vubi s f e b b ut a orit t.








OFFICIAL GAZETTE, THURSDAY AUGUST 13, 1953


WESTERN DISTRICT.
Canefield, Morne Prosper, Loubiere,
Everton, Trafalgar, etc., Laudat and
Bellevue: The Dean of Roseau and
Priests, The Honourable Austin Win-
ston.
Pointe Michel: The Parish Priest,
The Sanitary Inspector. Pointe Michel.
Soufriere and Scott's Head : The
Parish Priest, Arthur Pemberton.
Esquire, Terrence Etienne, Esquire,
Mahaut and Massacre: The Parish
Priest, The Head Teacher, Mahaut.
St. Joseph, Layou and Salisbury:
The Parish Priests, The Head Teacher
St. Joseph, and W.F. Harrison, Esq,
Coulibistrie, Batalie, Morne Rach-
ette, Colihaut and Dubianc: The Par-
ish Priest, The Honourable H. D
Shillingford, C.B.E.
EASTERN DISTRICT.
Grand Bay: The Government Offi-
cer, the Parish Priest, H. Bellot, Es-
quire, and L.A. Casimir, Esquire.
Petite Savanne and Bagatelle : The
Head Teacher, Petite Savanne.
Delices: The Head Teacher.
Laplaine: The Parish Priest, the
Head Teacher.
Rosalie: The Head Teacher.
San Sauveur, etc. : The Parish
Priest, the Head Teacher.
Castle Bruce: The Head Teacher.
NORTHERN DISTRICT.
Portsmouth and surrounding Dis-
trict: TheDstrict Officer.
Vieille Case etc. : The Parish Priest,
B.A. Royer, Esquire.
Wesley: The Parish Priest, James
Henry, Esquire.
Marigot: Reverend A. Williams, the
Head Teacher.
Hampstead and Calibishie: The
Head Teacher and The Sanitary In-
sp-ctsr, Calibishie.
7. These Local Hurricane Authori-
ties will take emergency measures for
affording relief and will report as soon
as possible to the District Hurricane
Authority.
8. In the event of communication
with the District Hurricane Authority
being difficult or impracticable, the
Local Hurricane Authority will report
direct to the Administrator.
9. Each District Authority will en-
deavour to keep in close touch with
the Local Hurricane Authorities in
the various areas in his District and,
in spite of there being no such vote,
will be justified in expending the
money urgently needed, whether for
special messenger or for food, without
awaiting the Administrator's authori-
ty, up to a limit of 10 for each Dis-


trict. Just as the Administrator will
authorise urgent expenditure in anti-
cipation of being able to justify it to
the Council and Secretary of State, so
the District Authorities may rely on
the refund of the sums they expend
without authority, provided that they
can show that the expenditure was
reasonable and the need for it urgent.
10. The Public who have suffered
loss or damage should apply to the
Local Hurricane Authorities in each
area and not come or send to the
Officials at Roseau.
11. For the further and better or-
ganizing of these measures the fol-
lowing CENTRAL HURRICANE RELIEF
COMMITTEE has been appointed:-
His Honour the ADMINISTRATOR
(Chairman
The HON FINANCIAL SECRETARY
The Hon. J.O. AIRD
The DIRECTOR OF WORKS
The SOCIAL WELF \RE OFFICE.
The Very Revd. the Dean of Roseau
The Rector, St. Georges Church
The Methodist Superineendent
Minister, Roseau.

NOTICE.

HURRICANE WARNING.

1 At the beginning of the hurricane
season and generally in the month of
July, all shutters and fastenings should
be thoroughly overhauled and renewed
where necessary. In the case of de-
tached shutters identification marks
should be clearly painted on each, cor-
responding with the number and loca-
tion of each window.
2. When barring up a house on
indications of bad weather or the ap-
proach of a hurricane--begin with the
side facing the direction of the pre-
vailing wind, which varies as a rule
from the North-West to North-East.
Should the centre happen to pass over
the island during the period of calm
the north side should be opened up
and the southern or westerly sides
closed. Very often, however, the
hurricane shifts directly from North-
East to South East with little or no
interval of relative calm, and under
such circumstances it is wise to have
every window securely fastened.
3. For the information of the public
generally it may be stated that a
special hurricane code is in use and
on the indication of a falling barometer
and prevailing hurricane symptoms,
mutual telegrams are interchanged.
DOMINICA.
The following signal will be made
from Fort Young, Roseau, as a warn-









OFFICIAL GAZETTE, THURSDAY, AUGUSI 131953.


ing in event of probable approach of a
hurricane or severe gales
CAUTIONARY SIGNAL.
One gun or rocket will be fired at
any time of the day or night, and a
red flag having a black centre will be
hoisted on the signal staff by day, and
a red lantern by night.
DANGER SIGNAL.
Two guns or rockets will be fired in
succession, and two red flags with
black centres will be hoisted by day
and two red lanterns by night.
When the signal is given, steps
should at once be taken to secure pre-
mises on shore and vessels in port
against impending danger.
CANCELLING SIGNAL.
On improvement of weather condi-
tions after either the Cautionary or
Danger Signals have been made, and
it is considered that the hurricane has
passed Dominica, a blue flag will be
hoisted.
With regard to Portsmouth, the
same signals will apply, the necessary
flags and red lanterns being hoisted
at the Police Station, Portsmouth.
2/30.
No 205
THE attention of Heads of Depart-
ments is called to the notice published
in this Gazette regarding Hurricane
Warnings, as they will be held respon-
sible for seeing that the buildings of
their Departments are made as secure
as possible after firing of signals.
2/30.
24th June, 1953
No. 262
Administrator's Office,
St. Kitts Nevis Anguilla.
21st July, 1953.
APPLICATIONS are invited for the post
of Headmistrees of the Girls' High School
in St. Kitts. which will be vacated by the
present holder on the 31st August, 1953.
The School roll at present numbers 180
and courses are offered up to the standard
of Cambridge Overseas School Certificate.
2. The post is pensionable and carries
a salary of 750 per annum. An unfur-
nished flat is available on the school pre-
mises at a rental of 50 per annum. The
appointment will be on probation for
three years and subject to the passing of
a satisfactory medical examination.
3. Applicants should possess a degree
of a recognized University within the
Commonwealth, together with Teacher's
Diploma. The Headmistress will be
required to teach mathematics through-
out the school and ability to teach com-
mercial subjects will be regarded as an
asset.


4 The candidate selected for the ap'
pointment will be required to sign an
unkertaking to repay the cost of passages
and other travelling expenses if the post
is relinquished within three years of ap-
pointment for any reason other than
mental or bodily infirmity.
5. Applications with at least two testi-
monials and a photograph should be sub-
mitted to the Administrator of St. Kitts.
Nevis and Angu lia, not later than the
31st August 1953
Ref. M.P. 1160/49
August 1st, 1953.
No. 261
CELEBRATION OF THE QUEEN'S
BIRTHDAY
IT isnotified for general information that
the date appointed for the observance of
the Queen's Birthday in 1954, is Thursday,
June 10th.
Ref. M.P 772/53
August 4th, 1953.
No 265
RESIGNATION
CHRISTOPHEIR, G., Police Constable, Dcm.
inica Police Force, resigns appoint-
ment.
June 30th, 1953
MAYERS, K. B.. Police Constable, Dom-
inica Police Force, resigns appoint.
ment.
May 31st 1953
869 48
6th August, 1953
No 266
NON-DISALLOWANCE OF
ORDINANCE
IT is notified for general information
that the Secretary of State for the Col.
onies has notified His Excellency the
Governor that the Queen will not be
advised to exercise Her Majesty's power
of disallowance with respect to the
undermentioned Ordinance passed by the
Legislative Council of Dominica:-
No. 27 of 1952 The Liquor Licences
(Amendment) Ordinance, 1952 ".
1380/52
6th August, 1953
No. 367
ADMISSION OF PATIENTS TO
MEDICAL INSTITUTIONS IN
TRINIDAD
IT is notified for general information
that the Government of Trinidad is will-
ing to give every possible assistance 'n
obtaining treatment at Medical Institu.
tions in Trinidad for individuals from
neighboring islands in cases where facili-
ties are not available in the home terri-
tory.
2. In order that there should be no
delay in the admission of patients to these
institutions and to avoid any incon-
venience or embarrassment to intending
patients, persons seeking admission to









OFFICIAL GAZEIWE, THURSDAY, AUGUSt 1g 1953


medical institutions in Trinidad from this
Colony should first communicate with this
Government and representations on
their behalf will be made to the Govern-
ment of Trinidad.
3. Applicants should not proceed to
Trinidad unless and until it is known that
they have been accepted and arrange-
ments have been made for their admission
to the institution concerned.
Ref. 655/53
Angust 6th 1953

No. 268
DEPARTURE OF HIS EXCELLENCE
THE GOVERNOR
With reference to Gazette Notice No'
251 of July 27th, it is notified for general
information that His Excellency EDWAIID
BETHAM BEETHAM, C M.G., C V.O., O B.E.,
Governor and Commander-in-Chief of the
Windward Islands, and Mrs. Beethain.
left the Colony today, Friday, August 7thl
1953.
Ref. 708/53
August, 7th, :953.
No. 269
LEAVE
ELWIN, Mrs. J. A 2nd Class Clerk, Regis-
try, vacation leave from August 4th
to 29th, 1953, inclusive
P. F. 345
DALRYMPLE, Q. C. L., Forest Ranger,
Forestry Departme'rt. vacation leave
from August 4th to 27th inclusive.
P. F. 712
LEBLANC, LIPSON, Assistant Chief Sani-
tary Inspector, Sanitary Department,
vacation leave from August 1st to
18th, 1953, inclusive.
P. F 769
PASCAL, Miss THERESA. Telephone Opera-
tor, P.W.D., vacation leave from
August 1st to September 11th, 1953,
inclusive.
P. F. 541
VANTERPOOL, J. B., Excise Officer, Trea-
sury Department. vacation leave
from August 8th to September 1st,
1952, inclusive.
-P. F. 409
TIMOTHY, Mrs. N.J Telephone Operator.
P.W.D.. leave without pay from
from August 1st to 31st, 1953, incl-.
sive.
P. F. 688
XAVIER, R., G.S O. Class II, Post Office,
vacation leave from August 1st to
26th, 1953, inclusive.
P. F, 467
August 8th, 1953.

No. 270
APPOINTMENTS
GAINES. A. E., Dispenser, Marigot, ap-
pointed Dispenser, Reseau Hospital,
August 1st, 1953.


SEIGNORET, C.A., 1st Class Clerk Treasury
Department,o', appointed Steward,
Roseau Hospital.
August 1st, 1953.
1355/51,
August 5th, 1953.
JOSEPH, GILBERT, G.S.O. Class II, Messen-
ger, Administrator's Office, appointed
Bailiff, District "E" (G S.0, Ci:i1s I.)
August 1(Uh, 1953
539/52
LEWIS Miss C. M. Clerk-in-training ap.
pointed 3rd Class Clerk, Agricultural
Department.


'070/52
August 10th 1953


August 1st, 1953


No. 271
IT is notified for general information.
that the Secretary of State for the Colonies
has approved a further grant of 5,647,
Scheme D. 1 137A, to continue the work of
conservation and control of forest in
Domrinica until March 3 st. 956.
Ref M P 171/5i2
August, l1th. 195:1.
No. 272
ACTING A i'l'ONT, 1EN I'1
AcriVE, ARNOLD 1. Class. I T. Mess"n-
ger, -rntral HIouisin Authoiriiy ap-
pointed to actG.S O. Claes 11, M.lesen-
ger, Administrator's Office.
August 10th, 1953
539,52
JOHN-~BAPTISTE. JOHN. appointed to act
G;i.S0 Classll. MAessenger, Granonar
School.


5S9/52
No. 273


August 10th, 195'.


TRANSFERS
DANIEL, THOMAS. Bailiff. District "E"
(G S.O. Class I.) transferred as Bailiff
for Roseau (G.S.O. Class I.)
August 10th, 1953
539/52
DOER, MARK, G.S.O Class Ill Messen-
ger, Grammar School. transferred as
G S.O. Class III, Messenger, Central
Housing Authority.
August 10th, 1953
539/52
August 11th, 1953
No. 274
LEGISLATION
IMPERIAL INSTRUMENTS
THE following Imperial Instruments are
circulated with and form part of this
issue of the Offiial Gazette :-
I. I. No. 1 of 1952 (Dominica I, I. No. 1
of 1952): The Luxembourg (Extra-
dition) Order in Council, 1951.
Ref. M. P. 1126/51
I. I. No. 2 of 1952 (Dominica I. I. No. 2
of 1952): The Japanese Treaty of
Peace Order. 1952.
Ref. M. P. 829/52
I. 1. No. 3 of 1952 (Dominica I. I No. 3 of
1952): The Supplies and Services
(Transitional Powers) Act 1945.
Ref. M.P. C. 31/45 II
By Command
D. K. BURTON,
Ag. Government Secretary









OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953


Departmental and other
Notices

GOVERNMENT OF GRENADA
APPOINTMENT OF WHARF'
MANAGER

APPLICATIONS are invited for the post
of Wharf Manager. The salary now
attached to the post is $2,880 (fixed) per
annum, together with a cost of living
allowance at the rate of $480 per annum.
Civil service salaries have however,
recently been under review and the
new salary recommended for the post of
Wharf Manager is $2,880 x 120 -$3.840
and no cost of living allowance The
whole revision is, however, under ective
consideration by Government and no pro-
mise that the new salary will be accepted
can be given. The officer appointed will
receive such salary within the approved
scale as his experience and qualifications
justify. He will be appointed either on
contract or probation, the decision
depending on his age and qualifications.
An officer appointed on probation will be
required to serve a probationary period
of two years before he can be considered
for permanent and pensionable status.
A contract of employment will be for a
period of three years. In either case the
officer selected wdll be subject to the
Colonial Regulations and General Orders
in force from time to time. A medical
certificate of fitness will be required,
Government does not provide free quar-
terb but quarters may be provided, if
available, at a rental of s 5' of their
capital value on 10% of the officer's total
emoluments, whichever is the less. The
appointment does not carry a motor
transport allowance. A commuted over.
time fee at the rate of $240 per annum is
payable.
2. The Wharf Manager will be in con-
trol of of all shipping operations in St.
George's harbour, and will direct the
manner and times of berthing and de-
parture of vessels and the allocation of
berths. He will be responsible for the
orderly stowage, safe custody and
removal of cargo on and from the
wharves; for the exercise of discipline
over all Government officers, including
Customs officers, while they are employed
on the wharves in St. George's harbour ;
for the inspection and surveying of all
intercolonial vessels and coastwise traders.
He will be the senior member of the
Board of Examiners for the issue of
certificates of competency to masters and
mates under the Shipping Ordinance;
a Surveyor under the Merchant Shipping
Act, 1894 ; and the Shipping Master and
Registrar of Shipping. He will ensure
the proper care and maintenance of all


harbour bouys. marks. beacons, light-
houses, piers, jetties, wharves, launchles,
boats, etc. in Grenada and Carriacou
3. Applications, accompanied by two
references, must reach the Secretary,
Public Service Commission by the 21st
August, 1953.
Government Office,
Grenada
21st July, 1953.


SUPPLY DEPARTMENT

NOTICE
EXPORT RESTRICTION
EXPORTERS are hereby notified that
from and after the 17th August, 1953
Licences for the Export of Bananas from
the Northern District will be issued by the
District Officer, Northern District.
Applications should therefore be sub
mitted to the District Officer at the Sub
Treasury, Portsmouth after having
obtained approval from the Banana
Association.
H. E LETANG,
Conti oiler of Supplies
M P. 416,53
August 11th, 1953

POLICE DEPARTMENT
POLICE NOTICE
ONE pair spectacles, turtle shell frame,
in leather casing marked Wesley Bayley
(optician) Bridgetown, Barbados, was
found in the Court House Yard, Roseau,
on 29th July, 1953.
Owner please call at Police Headquar-
ters to identify and claim.
C. M. ROBERTS,
Ag. Superintendent of Police

PUBLIC WORKS DEPARTMENT
NOTICE.
THE Public is reminded that the removal
of stones, gravel or sand from the beach
along the Bay Front of Roseau is prohibi.
ted:
July 29th, 1953.
G. A. GRANT,
Director of Works.

DOMINICA GRAMM AR SCHOOL
SCHOOL will reopen on Tuesday 8th
September, 1953 at 9 a.m, The Head-
master will be in his office on Monday 7th
September at 10 a.m. to interview any
parents who may wish to see him,
Boys will be expected to wear the
School Uniform and School Colours.
All fees must be paid on the opening
day of School.
VICTOR A.A ARCHER,
Headmaster










268 OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953


RO)EAU TOWN COUNCIL

Minutes of Meeting held on
June 17th 1953.
AT a meeting of the Roseau Town Coun.
eil held this day, there were present:--
Hon. N. A. Jeffers, Chairman,
Hon. John Bully,
Dr. C,G. Terrell, 0 B.E
Mr. R. Bernard Royer.
Absent:-
Mr. L. O. Green,
Mr. G. A. Grant.
Mr. P. O. Winston,
Mr. G A. James.
Minutes: Minutes of greetings of the
Roseau Town Council held on the 20th
May and 2nd June, 1953 which had been
previously forwarded to Members, were
confirmed.
Resolution: Mr. Jeffers gave notice
that at a later stage of the proceedings he
would move the following Resolution:-
BE IT RESOLVED that with a viev to
the proper control and improvement of
Carnival generally the Council do appoint
a Committee of its Members together
wirh such other person or persons as the
Council thinks fit and that this C'oinrit tee
shall be known as the Carnival Pr:omotion
and Improvement Committee
That the Committee prepare and sub-
mitto the Council for transmission to
Government suggestions fir an Act for
the proper improvement and regulation
of Carnival and that Governmne.t be ask,,d
further to place regulation and control of
Carnival within the powers of the Council
subject to any necessary safeguards on
the part of Government.
Vote for Expenditure: Accounts and
Pay Lists passed by the Accounts iom-
mittee for payment amounting to $4648.19
were laid on the table.
On the motion of Mr Pully, seconded
by Mr. Royer, it was tesolvea that the
expenditure of the sum of $464(,.1 for
the services of the Council during the
month of May, be sanctioned.
The motion was put to the vote and
carried.
Statement of the Town Fund: State-
ment of the Town Fund for the month of
May was read showing a credit balance of
$3714.16 on the 31st May, 1953.
Repots: The Town Clerk's Report,
which had been previously circulated to
members was laid on the table
The Meat inspector's Report for the
month of May, was read.
The Chief Sanitary Inspector's Report
for the month of May. which had been
previously circulated to members was laid
on the table.
Mr. James and Mr Winston came in and
took their seats.
Street Lighting: Mr. Bully gave a re-
port of the discussions which took place
and the decisions arrived at. during a
meeting of a Committee of the Street
Lighting with Mr. Hargreaves of the
Colonial Development Corporation.
He also read a tentative draft Contract
which had been agreed to at the meeting.
The matter was discussed and it was
decided that the permission of His Hon-
our the Administrator be sought to allow


the Crown Attorney to scrutinize and
give his opinion on the draft Contract
which the Roseau Town Council intended
to enter upon with the Colonial Develop-
ment Corporation in respect of Street
Lighting.
Water and Sewerage Services: Arr, ap-
plication from Viella Jones on behalf of
Irvirg P. Iliil to connect hit' p en ices in
Cork Street to the Water and Sewerage
Systems of the Town was read.
It was resolved that the application be
granted on the condition that proper pro-
vision was made for the escape of waste
water.
Windsor Park: An application from
C.(. Peters was read, asking f r permis"
sion to use the Windsor Park in th-e after-
noons for Football Practices
The Council regretted beirg unable to
accede to his requ st at p(rc.eit but de.
cidied that the pplical iin could i renew.
ed at the clius. of tli iCrickzi Season,
BH il ling itpplicattiis.: A lett, r dated t;th
June, 1453 from the Sicretary. ('entral
Housing and i lanining *uthority wastiad
informing the Council that the applica-
tions of the undernentioned persons were
considered and approved, v z:- Oscar
Francis, J '. A Giraud, Maud HBenoit,
i)oothy M Pinard, Eileen a.ustie and
Abraham Francis.
Applications of lEtheline Rodney, David
Riviere and Ena Toussaint were deferred
so that they nmiiht satisfy the tequirf.
mprnts of the Goodwill First Suppletnen-
tary Scheme.
A letter dated 10th June, 1953. from
the Secretary, k.entral Housing and Ilan-
ning Authority was read informing the
Council that the undermentioned applica-
tion which had been recommended by the
Council was considered and approved.
viz:-
Dominica Cinema Co.- To erect a two-
storied building to be used as a Cinema at
the angle of New and Old Streets.
The following applications were recom.
mended to the Central Housing Authority
as complying with the provisions of the
Buildings By-Law
Megan Wilson To erect a one-storied
dwelling house in Bath Road.
Octavia John-- To remove a dwelling
house from Bath Road to Pottersville.
Maxime Jerome To remove a dwell-
ing house from Eliot Avenue to Goodwill.
The following applications under the
Buildings By-Law were approved by the
Council:-
Mrs. Toussaint W. Henry- To erect a
Pent-roof on the front of a dwelling
house in Victoria Street.
Susan Herman- To erect a Pent-roof
in front of a dwelling house in River St.
The following application was disap-
proved: -
Percy Joseph- To extend a one-storied
dwelling house on the River Embankment.










OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953.


Retirement: A letter dated 12th June
1953 from Mr. J. G. Henry w'as read in-
forming the Council that he had attainold
the age required by law for retirement on
the 24th February last. and whereas,
owing to ill-health, was unable to carry on
his duties ary longer, begged to apply tor
permission to retire from the service.
Mr. Bully, seconded by Mr. James,
moved the following Resolution.
"Whereas Mr Jaties G. Henry has ap-
plied for permission to retire from the
service of the Roseau Town Council having
attained the age of sixty years on the 24th
February last;
Be It Resolved that the approval of the
Governor-in-Council be sought to dispense
with Henry's servicBsand to grant him a
person and gratuity in conformity with
Section 26 of the Roseau Town Council
Ordinance, 19:7 (No. 23 of 1937) as from
tll 18th Jtane, 1958."
The motion was put to the vote and
carried.
'!ni;,i for onnir,, ': A letter dated (Lh
June. 19.53 from Mr. F. O ('. Harris was
read, submitting claim on behaif of Mr.
Harold Shillingford for damages caused
to truck while driving over a wooden cul-
vert which gave way under the left back
wheels.
The Town Clerk's letter of 9th June,
1953 acknowledging receipt of letter and
stating that the Council would be verv
pleased if more lietails and evidence could
be given and also the exhibits produced.
before a decision could be arrived at was
also ead.
It was decided to await reply to the
Town Clerk's letter, and on receipt a
Committee of the Roseau Town Council
will be appointed to enquire into the cir.
curnstances of the case.
ludit Query: An Audit Query No. 147
of the 21st May. 1953 from the Exami., r
of Accounts was read pointing out that
the rented Government buildings at the
Morne to which water is conveyed from
the main pipes appear to be liable for
assessment and payment of Water rates.
The matter was considered and it was
decided that, as the water was pumped
up to tanks on the & erne by Government
and distributed to those buildings, ar.
rangements should be made with Govern-


ment for the payment of dues to the
Council for water conveyed to the Merne
and that amount could be recovered from
the occupiers of those buildings by way
of Water Rate.
b)r Terrell, wfth the permission of the
Chairman, retired from the meeting.
Muto,, Carts: tfhe Town Clerk mentioned
that ile Motor 'arts imported by the
Council were expected within a day er
two and suggested the appointment of
and the fixing of pay for chauffeurs for
the vehicles.
A list of applicants were presented to
the Council and it was decided that two
of the present ca tmen should be taught
to drive the vehicles and that the pay
should be $12.00 weekly.
The meeting was then adjourned to
Wednesday, 24th June, 1953 at 4 p.m.
N. A. JEFFERS.
Chairman.
Roseau 1'own Council.

UNIVERSITY COLLEGE O'F THE
WEST INDIES.

Applications are invited for the post
of Lecturer in Human Anatomy. The
duties of the post include the general
instruction of students working for
the Second Examination for Medical
Degrees of the University of London.
The salary scale 850 x 50 1,000
x 50 1,200 per annum and the point
of entry in the scale is determined by
qualifications and experience. Child
allowance is paid. Superannuation is
under F.S.S.U. arrangements. Unfur-
nished accommodation is available at
a rental of 5% of basic salary. The
successful applicant will be expected
to take up the post on October 1st,
1953.
Applications (12 copies) giving full
particulars of qualifications and expe-
rience and the names of three referees
should be received before August 24th,
1953 by the Secretary Senate Commit-
tee on Higher Education in the Colon-
ies, University of London, Senate
House, London, W.C. 1, from whom
further particulars may be obtained.








OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953.


In the Supreme Court of the Windward Islands
and Leeward Islands,
DOMINICA CIRCUIT.
In the matter of the Forest, Soil and Water Conservation Ordinance, 1946.
And
In the matter of the Title to the Stonehill Estate situate in the Parish
of St. Joseph in the Colony of Dominica
ELIZABETH II. By the Grace of GOD of the United Kingdom of
Great Britain and Northern Ireland and of Her other Realms and Territories
Queen, Head of the Commonwealth, Defender of the Faith,
To all persons claiming an interest in the lands and tenements herein-
after described.
WHEREAS it has been made to appear to Us that ihe Stonehill Estate
situate in the Parish of St. Joseph in the Island of Dominica, containing 200
acres 1 rood is unoccupied since 1914, and there is no person having title
thereto, whereby the said parcel of land ought to be vested in Us,.that
proceedings will be taken to have the said parcel of land vested in Us at a
sitting of the Supreme Court to be holden at Roseau in the Colony of
Dominica in the month of April, 1954.
All persons claiming an interest in such land, shall within one week
from the date of the last publication of this summons in the Gazette (such
summons shall be published during a period of six months) file on appear-
ance, either in person or by Solicitor in the office of the Registrar, and
shall, within one month from the date of appearance, lodge in the said
office a written claim containing a statement of the reasons on which the
same is founded; and you are hereby further warned that if you fail to
appear at the said Court to be holden as aforesaid the said proceedings will
be heard and taken without you.
IN WITNESS WHEREOF, We have caused the Seal of Our said Court
to be hereunto affixed at Roseau this 5th day of June, 1953.
T. A. BOYD,
Registrar.
U









METEOROLOGICAL REGISTER KEPT AT BOTANICAL GARDENS, DOMINICA.


Date Day.

1953.


June 1 Mon.
S2 Tues.
3 Wed.
,, 4 Thurs.
Fri.
6 Sat.
7 Sun.
,, 8 Mon.
,, Tues.
,, 1 Wed.
,, 1 Thurs.
121 Fri.
,, 13 Sat.
,, 14 Sun.
151 Men.
161 Tes.
,17 Wed.
S18 Thurs
19! Fri.
,,20 Sat.
,, 21 Sun.
,, 22 Mon.
28 Tues.
,, 24 Wed.
,, 25 Thurs.
,, 26 Fri.
,, 27 Sat.
,, 281 Sun.
,,29 Mon.
,,30 Tues.


THERMOMETER.


Dry. Wet.

9am. 3pm. 9 a.m 3p.m.


85 86
85 WX;
86 81
85 87
84 8'
84 88
85 89
81 86
82 85
,2 84
81 86
82 86
85 86
87 89
81 87
71 86
74 86
84 84
83 84
83 84
81 86
83 89
84 86
79 86
79 85
83 88
82 86
85 84
85 88
85 83


77
77
76
88
81
80
86
76
76
75
76
76
76
77
77
78
75
77
77
77
79
79
77
78
79
77
77
75
78
77


L:ai omcter
Cori eciel.
RI lative Thermometer. Redvced to S20 F'h
fiunmidity. and Sea Level.

9a.m. 3pm. Max'm. Min', 9 a m. 3 p m.



64 65 89 70 29.[9 29.93
61 65 189 70 I9 98 9 93
55 58 89 74 i 9.99 29 93
79 65 89 72 29.98 29.92
79 69 89 71 29.98 2985
79 69 90 70 29.98 29 98
61 53 90 70 2998 1.9.92
87 61 87 10 30 C1 20 97
79 65 87 72 3001 29.6
75 65 88 72 29.98 30 00
65 61 88 72 29 98 9.97
71. 61 88 72 30.01 :9 96
68 61 90 72 29 98 29 97
58 56 90 71 29 97 29.96
83 61 87 71 29.98 2995
90 69 87 73 2998 29.92
90 58 88 72 3000 29 95
72 72 87 72 80 00 2997
71 72 86 72 i30.01 29.98
75 72 87 72 1 30.01 29.97
83 72 87 71 30.02 29.97
83 63 i89 71 3003 2996
75 72 87 72 30.00 2997
91 69 83 71 2999 29.96
91 76( 89 71 2997 2996
75 59 88 71 29.98 l9.97
87 65 88 73 29 t8 2995
68 64 89 70 2996 2993
68 63 88 71 2998 29.95
68 75 89 73 29.99 29.96


6.83


Rainfall for the
Year 1953.


Ins. Pts.


Rainfall for the
Year 1952.


Mths. Ins. Pts.


January 3.94 January 1.85
February 4 89 February 1 59
March 4 11 March 1. 28
April 4. 55 April 4. 29
; May 7.29 May 4.31
June 6 831June 9 66
Total 31 61 Total 23 08



(n 24th lightning & Thunder.


M. P. 224/53









272 OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953

REPORT OF THE DIRECTOR OF AUDIT OF TRINIDAD AND TOBAGO ON
THE ACCOUNTS OF THE BOARD OF COMMISSIONERS OF CURRENCY
BRITISH CARIBBEAN TERRITORIES (EASlERN GROUP) FOR THE YEAR
ENDED THE 31ST DECEVIBER, 1952.

Currency Fund Income Account
THE income for the year exceeded the operating expenditure by $906,218.52.
From this sum the deficit of $188,755 90 brought forward from the 1951 accounts
was paid off. and $452,387.04 i.e. 1% of the value of the Currency Fund before the
inclusion of the Statutory Contribution was transferred to the Currency Fund. It
has now been agreed that this method of computing this 1 % is in accordance with
Article 4 (2), C of the First Schedule to Ordinance No. 39 of 1950 (Trinidad and
Tobago).
2. The balance of $265,075.53 in the Income Account was not distributed
among the participating Governments of the Group, but was also transferred to
the Currency Fund in accordance with Article 4(3)a, of the First Schedule to the
said Ordinance, as the value of the notes in circulation exceeded the value of
the Currency Fund at the close of the year.
3. Currency Fund
After the transfers referred to in paragraphs I and 2 above the Note Circula-
tion exceeded the Currency fund by $477.124.44. According to Article 6(2) of tne
terms of agreement, the participating Governments are liable to make good this
difference to such extent as the Secretary of State may deem it necessary. The
Governments have not yet been required to fultil this obligation.
4. Boards of Survey
The requirements of Regulation 20 regarding the periodical verifications of
Currency Note Stocks were not fully observed during the year. The Stocks of
Notes in Dominica were not examined by a Board of Survey in tho First quarter
nor those at St. Lucia during the second quarter of 1952. No surveys were held in
Trinidad, Barbados, Grenada and St. Kitts during the third quarter or in Grenada,
St. Vincent, or Antigua during the 4th quarter. The stipulated Annual Surprise
Surveys were not held in Grenada, Antigua, St. Vincent, Dominica and St. Kitts.
5. Outstanding Accounts
The Accounts have been presented on a cash basis, as was done for the previous
accounting period. Because of delay in the submission of claims, certain accounts
were outstanding at the close of the year-e.g, out of a total provision of $1,240.00
per annum for audit fees payable to the governments of the various Colonies, only
$620.00 (Trinidad $600 00 St. Vincent $20.00) had been paid at 31st December, 1952.
The exact figure of the total of commitments outstanding is not available.
6. Audit
Audited Statements of Currency transactions during 1952 have not been
received from the Windward and the Leeward Islands at the date of this report.
Verification has been effected with the copies of the Duplicate Vault Registers
received from these territories by the Executive Commissioner of the Board at
Port-of-Spain.
C.W. HODGES,
Director of Audit
Ref. M. P. 703/53
6th June, 1953.











OFFICIAL GAZETTE, THURSDAY, AUGUST g 1953.


ACCOUNTS OF THE COMMISSIONERS C
(EASTERN GR
INCO
To Salaries $ 89.670.75
Vaults-Rental of 1,180.00
Office Space &c Rental of 1,060.00
Incinerator at irinidad 120.00
Rental of
Incidentals 1,888.94
Postage & Telegrams-
Heaquarters 302 63
Furniture and Equipment 10,206.34
Printing & Stationery 989 54
Supplies of Notes 170.143.08
Intercolonial transfers of notes 3,766.69
Travelling & Expenses of Com-
missioners 754.08
Barclay's Bank (D.C. & O.
Agency fee in Leeward &
Windward Islands 4.800 00
Incinerators at Barbados
& Br. Guiana 1,250.61
Catinclling machines & dies 6,384.19
Telephones -Barbados 77.38
Audit of accounts 620 00
Repayment advance from
Accountant General Ti inidad
& Tobago at 31st Dec. 1951 188.;55.90
Commission refunded to
Messrs. Barclays Bank
(D. C & 0) 4,917.69
Contribution to Currency
Fund Article 4(c)
of First Schedule to
Currency Ordinance 452.387.04
Surplus transferred to Currency Fund
(Article 4(3)(a) of
First Schedule to
Currency Urdinance)


CUR]
To Depreciation in $ 1.537,255.74
value of securities at 30th
June, 1952
Redeemed for sterling 360,000.00 $ 1.897
Balance at 31st Dec., 45,956,
1952


>F CURRENCY, BRITISH CARIBBEAN TERRITORIES
fOUP) FOR THE YEAR 1952
lE ACCOUNT
By Dividends $ 1,184,734.00
Commission for
issue and re.iemp-
tion of notes for
sterling 19.: 38 75


Sundries


377.69 1,204,350.44


939,274.86


265,075.58
1.204.351.44 1.204,350 44
RENCY FUND
By lialance at 1st January 41,662,972.76
1952


.255.74 Issues for sterling
167.56 Appreciation in
value of securities


at 31st Dec., 1952
Contribution from
Income A C Article
4 (c) of First Sche-
dule to Currency
Ordinance
Surplus transferred
from Income A/C.
Article 4 (3)(a) of
First Schedule to
Currency Ordinance
$47.853,423.30


4,051,000.00


1,421,987.92



452.387.04



265 075 58 $47,850,42330.
$47.853,423.30
Imm m


273












OFFICIAL GAZETTE, THURSDAY, AUGUST 13, 1953

ASSETS AND LIABILITIES


L ABILITIES
Currency Fund $45,956,167.56




$45,956.167.56
Barclays Bank
).C. & O) deposit


ASSETS
Securities held by Crown Agents $38,784,423,00
On deposit in Crown Joint
Colonial Fund 6,454,281.94
On deposit with Accountant
General Trinidad & 'obago 717.462.62 $45,956.167.56
$45,956,167.56
Market value at 31st December. 1952, of
securities held by Crown Agents for


,ror n tes issue $ 6,240,000.00 the Colonies $ 6,240,000.00
SNOTE : The value of notes in circulation on 31st Deeember, 1952. was $ 46,433,290.00
The above Accounts have been examined in accordance with Article 7 of the lat Schedule
to Ordinance No. 39 of 1950 (Trinidad & Tobago). I have obtained all the information
and explanations that I have required, and I certify, as a result of this audit, that
in my opinion the Accounts are correct, subject to th observations contained in the
attached Report. C.W. IO) g
6th June, 1953, Director of Audit


Headquarters,
British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad, B.W.I.


j'.


'-PE


L. SPEU :,
Executive Commissioner
British Caribbean Currency Board


DOMINICA
''Pinted at:the BULLETIN OFFric B Roseau,'-By Authority


.~


r
r
:...
% ;
.(












DOMINICA

IMPERIAL INSTRUMENT NO. 1 OF 1952


The Luxembourg (Extradition) Order in Council, 1951
M ade ............................................. 29th June, 1951
Laid before Parliament ................ 29th June, 1951
Coming into Operation .................. 9th July, 1951
At the Court at Windsor, the 29th day of June, 1951.

Present,
THE KING'S MOST EXCELLENT MAJESTY -IN COUNCIL
WHEREAS by the Extradition Acts, 1870-1935(a), (hereinafter referred to
as the Acts) it is enacted that where an arrangement has been made with any
foreign State with respect to the surrender to such State of any fugitive Crimi-
nals His Majesty may, by Order in Council, direct that the Acts shall apply
in the case of such foreign State; and that His Majesty may, by the same or
any subsequent Order, limit the operation of the Order and restrict the same to
fugitive criminals who are in or suspected of being in the part of His Majesty's
dominions specified in the Order, and render the operation thereof subject to
such conditions, exceptions and qualifications as may be deemed expedient;
AND WHEREAS a Treaty (b) was signed on the 24th day of November,
1880, between Her late Majesty Queen Victoria and His late Majesty King
William of the Netherlands, Grand Duke of Luxembourg, for the mutual
extradition of fugitive criminals; and was duly ratified;
AND WHEREAS a supplementary Convention (c) was signed on the 29th
day of May, 1939, between His Majesty and Her Royal Highness the Grand
Duchess of Luxembourg, which Convention is in the terms following:-
His Majesty the King of Great Britain, Ireland and the British Dominions
beyond the Seas, Emperor of India, and Her Royal Highness the Grand Duchess
of Luxembourg, desiring to make further provision for the reciprocal extra-
dition of fugitive criminals have resolved to conclude a supplementary Conven-
tion to this end and for this purpose have appointed as their plenipotentiaries:
His Majesty the King of Great Britain, Ireland and the British Dominions
beyond the Seas, Emperor of India,
For Great Britain and Northern Ireland:
The Right Honourable Sir Robert Henry Clive, Knight Grand Cross of the
Most Distinguished Order of Saint Michael and Saint George, Envoy Extra-
ordinary and Minister Plenipotentiary to Her Royal Highness the Grand Duchess
of Luxembourg;

(a) 33 & 34 Vict. c. 52; 36 & 37 Vict. c. 60; 58 & 50 Vict. c. 38; 6 Edw. 7. q. 15; 22 & 23
Geo. 5. c. 39; 25 & 2 Geo. 5. c. 25.
(b) C. 2803. (c) Cmd. 6087.


FUGITIVE CRIMINAL


I.I. 1








FUGITIVE CRIMINAL


Her Royal Highness the Grand Duchess of Luxembourg,

Mr. Joseph Bech, Grand Cross of the Order of Adolph of Nassau, Grand
Officer of the Order of the Oaken Crown, &c., her Minister for Foreign Affairs;
Who, having communicated to each other their full powers found in good and
due form, have agreed as follows:-


ARTICLE 1.
From the date of the coming into force of the present Convention, Article
2 of the Extradition Treaty signed at Luxembourg on the 24th November,
1880, shall be amended by the addition of the following clause:-
"Extradition may also be granted at the discretion of the High Contracting
Party applied to in respect of any other crime or offence for which, according
to the laws for the time being in force in the territories from which and to
which extradition is desired, the grant may be made."


ARTICLE 2.
The foregoing amendment shall apply to extradition proceedings between
Luxembourg on the one hand and, on the other hand, the following territories,
that is to say, the United Kingdom of Great Britain and Northern Ireland
(including the Channel Islands and the Isle of Man), Newfoundland, British
Colonies, British Protectorates and British-protected States to which the Extra-
dition Treaty of the 24th November, 1880, applies, and all mandated territories
to which the said Treaty extends and in respect of which the mandate is
exercised by His Majesty's Government in the United Kingdom of Great Britain
and Northern Ireland.

ARTICLE 3.
The High Contracting Parties agree that His Majesty the King may accede
to the present Convention in respect of any other member of the British Com-
monwealth of Nations, whose Government may desire that such accession be
effected, by a notice given to that effect by the appropriate diplomatic represen-
tative of His Majesty. From the date that such notice comes into effect the
amendment set forth in Article 1 shall apply to extradition proceedings between
Luxembourg on the one hand, and on the other the territory of the member of
the Commonwealth concerned.
Any notice given under the first paragraph of this Article in respect ot
any member of the British Commonwealth of Nations may include any terri-
tory in respect of which a mandate on behalf of the League of Nations has
been accepted by His Majesty and is exercised by the Government of the
member concerned.

ARTICLE 4.
The present Convention shall be ratified. The ratifications shall be ex-
changed in Brussels as soon as possible.


1952








1952 FUGITIVE CRIMINAL 1.1. 1

ARTICLE 5.
The present Convention shall enter ini force three months after the
exchange of ratifications and shall have the same duration as the Extradition
Treaty of the 24th November, 1880.

In faith whereof the above-named plenipotentiaries have signed the present
Convention and have affixed thereto their seals.
Done in duplicate in English and French at Luxembourg the twenty-ninth
day of May in the year of our Lord one thousand nine hundred and thirty-nine


For Great Britain and Northern Ireland,

(L.S.) R. H. Clive.


For the Grand Duchy of Luxembourg,

(L.S.) Bech.


AND WHEREAS the ratifications of the said supplementary Convention
were exchanged at Brussels on the 3rd day of August, 1949;
NOW THEREFORE, His Majesty, in exercise of the powers conferred on
Him by the Acts, is pleased, by and with the advice of His Privy Council, to
order, and it is hereby ordered, as follows:-

1. The Acts shall apply in the case of Luxembourg under and in accord-
ance with the said Treaty as supplemented by the said Convention as above:
set forth.
2. The operation of this Order is restricted to the United Kingdom of
Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and
the Colonies.
3. This Order may be cited as the Luxembourg (Extradition) Order in
Council, 1951. It shall come into operation on the 9th of July, 1951.

E. C. E. LEADBITTER.




M.P. 1126/51








JAPANESE PEACE TREATIES


DOMINICA

IMPERIAL INSTRUMENT NO. 2 OF 1952.

PEACE TREATIES
JAPAN

The Japanese Treaty of Peace Order, 1952

M ade ........................ ................. ......... 29th April, 1952

Laid before Parliament .............................. 30th April, 1952
Coming into operation ...................................... 7th May, 1952

At the Court at Windsor Castle, the 29th day of April, 1952

Present,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS at San Francisco on the eighth day of September, nineteen
hundred and fifty-one, a Treaty of Peace with Japan (hereinafter referred to
as "the Treaty") and a Protocol thereto (hereinafter referred to as "the Protocol")
were signed on behalf of His late Majesty:
AND WHEREAS by section 1 of the Japanese Treaty of Peace Act, 1951(a)
hereinafter referred to as "the Act") it was provided that His late Majesty might
make such appointments, establish such offices, make such Orders in Council
and do such things as should appear to Him to be necessary for carrying out the
Treaty and Protocol, and for giving effect to any of the provisions thereof, and
that any Order in Council made under the Act might provide that persons con-
travening or failing to comply with the provisions of the Order should be guilty
of offences against that section, and that (except in so far as any such Order might
provide for lesser penalties) any person guilty of an offence against that section
should be liable to such penalties as were therein mentioned :
AND WHEREAS the Treaty and Protocol contain the provisions set out in
the First Schedule to this Order, and it is expedient for giving effect to the
aforesaid provisions of the Treaty and Protocol that the provisions herein con-
tained should have effect :
AND WHEREAS by treaty, grant, usage, sufferance or other lawful means
Her Majesty has jurisdiction in the territories specified in the Second Schedule
hereto, which territories are in this Order together referred to as "the Protected
Territories", and is pleased by virtue and in exercise of the power vested in Her
by the Foreign Jurisdiction Act, 1890(b), or otherwise to extend the provisions
of this Order to the Protected Territories.
(a) 15 & 16 Geo. 6 c. 6 (b) 53 & 54 Vict. c. 37.
4


1952












NOW THEREFORE, Her Majesty, in pursuance of the said section and of
all other powers enabling Her in that behalf, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered as follows:-

1. (1) In this Order
(i) "The Dominions" means Canada, Australia, New Zealand, the
Union of South Africa, Pakistan and Ceylon and also includes any
territory administered by the Government of any of thgse
Dominions.
(ii) "Japanese person" means
(a) The Japanese State and the Sovereign of Japan; \
(b) A Japanese national, that is to say, a subject or citizen of Japan
or any body of persons (whether corporate or unincorporated)
constituted or incorporated according to the laws of Japan or
any of its dependent territories;
(c) any person acting for or on behalf of the Japanese State, the
Sovereign of Japan or a Japanese national; or
(d) any body of persons (whether corporate or unincorporated)
owned or controlled by the Japanese State, the Sovereign of
Japan or a Japanese national.
(iii) "Japanese property" means any property, rights or interests within
Her Majesty's dominions (except the Dominions) and the Protected
Territories, belonging to a Japanese person and shall include any
property, rights or interests which belonged to or were held or
managed on behalf of a Japanese person at the time such property,
rights or interests became vested in or payable to a Custodian of
Enemy Property or otherwise became subject to control by there
Board of Trade under the Trading with the Enemy Act, 1939(c).
together with the net proceeds of the sale, liquidation or other
dealings by a Custodian of Enemy Property with any such property.
rights or interests and any income derived by any such Custodian
directly therefrom but shall not include
(a) any property, rights or interests specified in sub-paragraph 2
(II) of paragraph (a) of Article 14 of the Treaty or
(b) any property, rights or interests which are the subject of pro-
ceedings in any British Prize Court or
(c) any moneys received by a Custodian of Enemy Property by
virtue of any investment made by him in pursuance of the
powers conferred upon him by the Trading with the Enemy
Investment Order, 1940(d).
(iv) "Property, rights and interests" means real and personal property,
and any estate or interest in real or personal property, any negoti-


(c) 2 & 3 Geo. 6 c. 89. (d) S.R. & 0. 1940 (No. 1113) I, p. 1052


JAPANESE PEACE TREATIES


I.I. 2












able instrument, any debt or other chose in action, and any other
right or interest, whether in possession or not.

(2) Any reference to the Trading with the Enemy Act, 1939, shall be
construed as a reference to that Act as amended by or under any other Act.
(3) The Interpretation Act, 1889(e), applies for the interpretation of
this Order as it applies for the interpretation of an Act of Parliament.

2. So far as they are by their nature capable of so doing the provisions of
the Treaty and Protocol set out in the First Schedule hereto shall be and have
effect as law.

3. (1) The Board of Trade may, subject to the consent of the Treasury,
appoint on such terms as they may specify an Administrator who shall be a
corporation sole under the name of the Administrator of Japanese Property and
is in this Order referred to as "the Administrator".
(2) The Administrator shall be assisted by such officers and servants
as the Board of Trade, subject to the consent of the Treasury, determine
and there shall be paid by the Board of Trade to the Administrator and to such
officers and servants such salaries or other remuneration as the Treasury may
determine.

4. (1) The Administrator shall act under the general direction of the
Board and shall have the powers conferred upon him and the duties imposed
upon him by this Order and by any other Order in Council made under the
Act and may do all such things as he may consider necessary or desirable for
carrying out the powers and duties so conferred and imposed.
(2) The Administrator may sue or be sued in the name of the Admin-
istrator of Japanese Property.
(3) The Administrator shall have an official seal and power to hold
land without licence in mortmain.
(4) The seal of the Administrator shall be authenticated by the signa-
ture of the Administrator or some other person authorised by the Administra-
tor to act in that behalf.
(5) Any contract or instrument which, being entered into or executed
by a person not being a body corporate, would not require to be under seal,
may be entered into or executed on behalf of the Administrator by any person
generally or specially authorised by him for that purpose.
(6) Any document purporting to be a document duly executed or issued
under the seal of the Administrator authenticated as aforesaid or purporting to
be signed by the Administrator or any person authorised to act on his behalf,
unless the contrary be proved, shall be deemed to be a document so executed or
issued or so signed, as the case may be.


(e) 52 & 53 Vict. c. 63.


JAPANESE PEACE TREATIES


1952


I.I. 2









JAPANESE PEACE TREATIES


5. (1) Where any right or interest in the estate of a deceased person is
Japanese property, the Administrator may act in the Administration of the
estate, and the Court having jurisdiction to grant letters of administration of the
estate may grant such letters to the Administrator by the name of the Adminis-
trator of Japanese Property, and, for that purpose, the Court shall consider the
Administrator as in law entitled equally with any other person or class of persons
to obtain the grant of letters of administration.

(2) The Administrator shall be treated as, and shall have the powers of,
a trust corporation for the purposes of the Law of Property Act, 1925 (f), the
Settled Land Act, 1925 (g), the Trustee Act, 1925 (h), the Administration of
Estates Act, 1925 (i), and the Supreme Court of Judicature (Consolidation Act,
1925 (J.)

6. (1) If any person, other than a Custodian of Enemy Property, without
the consent of the Administrator transfers, disposes of, or otherwise deals with
any Japanese property, he shall be guilty of an offence under Section 1 of the
Act, and any such transfer, disposal or dealing shall be void; provided that it
shall be a defence for any person charged with an offence under this para-
graph to prove that he did not know and had reasonable cause for not knowing
that such property was Japanese property or that he had reasonable cause
for believing that any necessary consents had been obtained.

(2) No Japanese property shall be liable to be attached or taken into
execution.

7. Every person holding or having the control or management of any
Japanese property or owing any debt which is Japanese property (including,
when the Japanese property consists of shares, stock or other securities issued by
a company, municipal authority or other body, or any right or interest therein,
such company, authority or body) shall, unless particulars thereof have already
been furnished to a Custodian of Enemy Property in accordance with the
Trading with the Enemy Act, 1939, or Orders made thereunder, within three
months from the date upon which this Order comes into operation by notice in
writing communicate the fact to the Administrator and shall furnish the Admin-
istrator with such particulars in relation thereto as the Administrator may require.

8. (1) If it appears to the Administrator expedient so to do for the purpose
of collecting Japanese property or discharging any of his other functions, the
Administrator may, by notice in writing-
(a) require any person to produce, at a time and place specified
in the notice, to the Administrator, or to any person nominated
by him for the purpose, any books or documents specified or
described in the notice being books or documents which are
in his custody or under his control or
(f) 15 & 18 Geo. 5. c. 20. (e) 15 & 16 Geo. 5. c. 18.
(h) 15 & 16 Geo. 5. c. 19. ti) 15 & 16 Geo. 5. c. 23.
() 15 & 16 Geo. 5. c. 49


1.I. 2












(b) require any person to furnish to the Administrator such *
returns, accounts or other information as may be specified or
described in the notice, and specify the time, the manner
and the form in which any such returns, accounts or inform-
ation are to be furnished.

(2) The Administrator may take copies of any books or documents
produced under sub-paragraph (a) of the foregoing paragraph.

9. (1) Any person having the possession, control or management of any
Japanese property transferable by delivery shall, on being so required by the
Administrator, deliver the property to him and the Administrator shall have
power to sell or otherwise deal with the property so delivered to him.
(2) When Japanese property consists of any sum of money due to a
Japanese person it shall be paid to the Administrator who shall have power to
enforce payment thereof, and for that purpose shall have all such rights and
powers as if he were the creditor.
(3) When Japanese property consists of any property, rights or inter-
ests in the possession of a Custodian of Enemy Property, that Custodian shall,
on being so required by the Administrator, either sell the property and pay the
proceeds thereof to the Administrator or deliver, transfer or pay the property to
the Administrator and the Administrator shall have the power to sell or otherwise
deal with the property so delivered, transferred or paid to him.
(4) A certificate by the Administrator that any property, rights or
interests are Japanese property shall be prima facie evidence of the facts stated
in the certificate, and where any requirement or demand for payment by the
Administrator as aforesaid is accompanied by such a certificate, a Custodian or
any other person in possession of property transferable by delivery, or the
person by whom a sum of money is due, shall comply with the requirement or
demand and shall not be liable to any action or legal proceeding in respect of
such compliance, but if it is subsequently proved that the property, rights or
interests are not Japanese property, the owner thereof shall be entitled to
recover the same from the Administrator, or if it has been sold the proceeds of
sale, but not to any other remedy.

10. (1) The Board of Trade may by Order vest.in the Administrator any
Japanese property, or the right to transfer the same. Any Order so made by the
Board is hereinafter referred to as a "Vesting Order."

(2) The Administrator shall have such rights, powers, duties and liabil-
ities with regard to the Japanese property, or the right to transfer the same,
vested in him by a Vesting Order as are prescribed by the Vesting Order.
(3) A Vesting Order as respects property of any description shall be
of the like purport and effect as a vesting order as respects property of the same
description made by the High Court under the Trustee Act, 1925, and shall be
sufficient to vest in the Administrator any property or the right to transfer any


JAPANESE PEACE TREATIES


I.I. 2


1952








JAPANESE PEACE TREATIES


property as provided by the Vesting Order without the necessity for any further
conveyance, assurance or document.
(4) Any power conferred by this Order to make a Vesting Order
shall be construed as including a power, exercisable in the like manner, to vary
or revoke the Order.
11. (1) The Administrator shall not be bound by any provision in any
article of association, bye-law or other rule governing a company or other body
which restricts the right to transfer shares, stock or other securities or imposes
any conditions as to the price at which, or the person to whom, shares, stock
or other securities are to be offered or sold.
(2) Where in exercise of the powers conferred on him the Administra-
tor executes a transfer of any shares, stock or securities the company or other
body in whose book the shares, stock or securities are registered shall, upon the
receipt of the transfer so executed by the Administrator and upon being required
by him so to do, register the shares, stock or securities in the name of the
Administrator or other transferee notwithstanding any regulation or stipulation
of the company or other body, and notwithstanding that the Administrator is
not in possession of the certificate, scrip or other document of title relating to
the shares, stock or securities transferred, but such registration shall be without
prejudice to any lien or charge in favour of the company or other body, or
to any other lien or charge of which the Administrator or a Custodian of
Enemy Property has notice.

12. If any person called upon to pay any money or to transfer or other-
wise deal with any property, rights or interests has reason to suspect that the
same are Japanese property he shall before paying, transferring or dealing with
the same report the matter to the Administrator and shall comply with any
directions that the Administrator may give in respect thereto.

13. In any proceedings by the Administrator to recover a debt, a statement
of facts verified by an affidavit made by the Administrator or any other person
authorised by him shall be prima facie evidence of the facts therein stated.

14. The Administrator shall, subject as hereinafter provided, retain out of
the Japanese property or the proceeds thereof vested in or collected or received
by him under this Order such sum as, subject to the consent of the Treasury,
he may consider necessary to cover expenses and the amount for which he may
be liable in respect of any proceedings or claims and to enable him to repay to
the Board of Trade the salaries and other remuneration paid by the Board
under Article 3 (2) hereof, and subject thereto shall hold and deal with the said
Japanese property and the proceeds thereof in such manner as the Treasury shall
direct.

15. Any Japanese property or the proceeds thereof may
(a) on the direction of the Treasury be transferred by the Adminis-
trator in accordance with any arrangements that have been made


LI. 2









JAPANESE PEACE TREATIES


by or on behalf of Her Majesty's Government in the United
Kingdom with the Government of any other country or any person
acting on their behalf for the resolution of conflicting claims to
Japanese property; and
(b) on the direction of the Board of Trade be released from the
provisions of this Order.

16. The time at which the periods of prescription or limitation of right of
action or of the right to take conservatory measures in respect of relations
affecting persons or property referred to in Paragraph 1 of Part B of the
Protocol shall begin again to run, shall be the date of the coming into force
of the Treaty, subject, in the case of any period of limitation of right of action,
to any provision of the Limitation (Enemies and War Prisoners) Act, 1945 (k),
fixing a later date; except that in the case of the periods fixed for the presentation
of interest or dividend coupons or for the presentation for payment of securities
drawn for repayment or repayable on any other ground, the period shall begin
to run again on the date when money becomes available for payment to the
holder of the coupon or security.

17. 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 Paragraph 2 of Part C of the Protocol
shall be the period ending the 31st day of December, 1952.
18. Any person who
(a) without reasonable excuse fails to comply with any requirement
made by or under this Order to furnish information or to produce
books or documents; or
(b) knowingly or recklessly makes a statement which is false in a
material particular in giving information for the purposes of this
Order or any Vesting Order or for the purposes of obtaining any
authority or sanction under this Order:
shall be guilty of an offence under Section 1 of the Act.

19. (1) Accounts shall be prepared by the Administrator, in such form
and manner and at such time as the Treasury may direct, of the sums received
and the sums paid by him in pursuance of this Order or any directions given
thereunder and the Comptroller and Auditor-General shall examine and certify
every such account.
(2) The Comptroller and Auditor-General shall lay copies of every
such certified account, together with his report thereon, before both Houses of
Parliament.
20. (1) This Order shall apply to the whole of Her Majesty's dominions
(except the Dominions) and to the Protected Territories.

(k) 8 & 9 Geo. 6. c. 16.


I.I. 2








1952 JAPANESE PEACE TREATIES 1.I. 2

(2) In its application to any part of Her Majesty's dominions which is
outside the United Kingdom of Great Britain and Northern Ireland, the Channel
Islands and the Isle of Man, and in its application to the Protected Territories,
this Order shall be subject to such modifications as may be made by the legisla-
tures of those parts or the Protected Territories for adapting to the circumstances
thereof the provisions of this Order.

(3) In the application of this Order to any part of Her Majesty's
dominions which is outside the United Kingdom of Great Britain and Northern
Ireland, the Channel Islands and the Isle of Man, or to any of the Protected
Territories,

(i) any reference to "the Administrator" shall be construed as
a reference to the Administrator appointed for the territory
in question;
(ii) any reference to "the Board of Trade" or to "the Treasury"
shall be construed as a reference to the Governor or Officer
administering the Government of the territory in question:
(iii) any reference to "Japanese property" shall be construed as a
reference to such Japanese property as is situate within the
territory in question;
(iv) any reference to the Trading with the Enemy Act, 1939, to
the Trading with the Enemy Investment Order, 1940, or to
the Limitation (Enemies and War Prisoners) Act, 1945, shall be
construed as a reference to the corresponding legislation (if
any) in force in the territory in question.

21. In the application of this Order to Scotland-
(a) for any reference to the granting of letters of administration of
an estate there shall be substituted a reference to the granting of
confirmation as executor on the estate;
(b) for any reference in Paragraph (3) of Article 10 to a Vesting
Order made by the High Court under the Trustee Act, 1925, there
shall be substituted a reference to a warrant to complete title
granted under section twenty-two of the Trusts (Scotland) Act,
1921 (1); and
(c) the expression "real and personal property" means heritable and
moveable property and the expression "attached or taken in execu-
tion" means arrested in execution or in security or otherwise
affected by diligence.
22. In the application of this Order to Northern Ireland-
(a) for any reference to the Trustee Act, 1925, there shall be substi-
tuted a reference to the Trustee Act, 1893 (m);

(1) 11 & 12 Geo. 5. c. 58. (m) 56 & 57 Vict. c. 53.










JAPANESE PEACE TREATIES


(b) any reference to a company shall be construed as including a
company incorporated under the law of Northern Ireland;
(c) for Paragraph (2) of Article 5 there shall be substituted the
following paragraph:-
"(2) The Administrator shall be treated as, and shall have
the powers of, a trust corporation within the meaning of the
Probate and Letters of Administration Act (Northern Ireland)
1933 (n).";
(d) the reference in Paragraph (3) of Article 10 to the High Court
shall be construed as a reference to the High Court of Justice in
Northern Ireland.

23. In the application of this Order to the Channel Islands.
(a) in Article 26 for the reference to the 7th day of May, 1952, there
shall be substituted a reference to the day on which the Order is
registered in the appropriate Court;
(b) any reference to the Trading with the Enemy Act, 1939, shall be
construed as a reference to that Act as extended to the Channel
Islands by the Trading with the Enemy (Channel Islands) Order
in Council, 1940 (o);
(c) no transfer under this Order of any real property situate in the
Channel Islands shall have effect until registered in the Public
Registry of Deeds of the Island in which the property is situate,
by order of the Court thereof;
(d) for Paragraph (3) of Article 10 there shall be substituted the
following paragraph:-
"(3) A Vesting Order as respects property of any description
shall upon registration by the Royal Court be sufficient to vest
in the Administrator any property or the right to transfer any
property as provided by the Vesting Order without the necessity
for any further conveyance, assurance or document;"
and all Orders made by the Board of Trade under this Order shall
be communicated to the Bailiff of Jersey or Guernsey, as the case
may be, and shall be presented by him to the Royal Court of Jersey
or the Royal Court of the Bailiwick of Guernsey, as the case may
be, for registration and no such Order shall come into force until
so registered;
(e) any proceedings under Paragraph (4) of Article 9 for the recovery
of any property situate in the Channel Islands shall be brought in
the appropriate Court and process against the Administrator in
any such proceedings shall be sufficiently served if addressed to
the Administrator and served at the offices of the Law Officers of
the crown for Jersey or Guernsey, as the case may be;

(r) 23 & 24 Geo. 5. c. 16 (N.I.) (o) S.R.&O. 1940 (No. 87). I, p 1045


I.I. 2












(f) for Article 5 there shall be substituted the following Article:-
"5. Where any right or interest in the personal estate of a
deceased person is Japanese property, the Court having jurisdiction
to grant letters of administration of the estate shall, at the request
in writing of the Administrator and upon the production of the
certificate of the Administrator specifying the right or interest
which is Japanese property and whether or not a previous grant
of such letters has been made in respect of that estate, grant such
letters as respects such Japanese property to the Administrator
by the name of the Administrator of Japanese property without
requiring the Administrator or any sureties to enter into an
administration bond and thereupon the Administrator shall be
exclusively entitled to act in the administration of that estate in
so far as such Japanese property is concerned."

In this Article "Guernsey" means the Bailiwick of Guernsey
and "the appropriate Court" means, in relation to Jersey, the Royal
Court of Jersey and in relation to Guernsey, the Royal Court of
Guernsey.
24. In the application of this Order to the Isle of Man-
(a) any reference to the Trading with the Enemy Act, 1939, shall be
construed as a reference to that Act as it extends to the Isle of Man;
(b) in Paragraph (3) of Article 10 for the words "the High Court under
the Trustee Act, 1925" there shall be substituted the words "the
High Court of Chancery Division, under the Trustee Act, 1937
(being an Act of Tynwald)";
(c) for Paragraph (2) of Article 5 there shall be substituted the follow-
ing Paragraph:-
"(2) The Administrator shall be treated as, and shall have
the powers of, an approved Corporation for the purposes of the
Judicature Amendment Act, 1935 (being an Act of Tynwald)."

25. Anything required or authorised under this Order to be done by, to
or before the Board of Trade may be done by, to or before the President of the
Board, any secretary, under-secretary or assistant secretary of the Board, or any
person authorised in that behalf by the President of the Board.

26. This Order shall come into operation on the 7th day of May, 1952.

27. This Order may be cited as the Japanese Treaty of Peace Order, 1952.


F. J. FERNAU.


JAPANESE PEACE TREATIES


1.I. 2


1952











FIRST SCHEDULE

TREATY OF PEACE WITH JAPAN

CHAPTER II.-TERRITORY
Article 4.

(a) Subject to the provisions of paragraph (b) of this Article, the disposi-
tion of property of Japan and of its nationals in the areas referred to in Article 2,
and their claims, including debts, against the authorities presently administering
such areas and the residents (including juridical persons) thereof, and the dis-
position in Japan of property of such authorities and residents, and of claims
including debts of such authorities and residents against Japan and its nationals,
shall be the subject of special arrangements between Japan and such authorities.
The property of any of the Allied Powers or its nationals in the areas referred to
in Article 2 shall, in so far as this has not already been done, be returned by the
administering authority in the condition in which it now exists. (The term
nationals whenever used in the present Treaty includes juridical persons.)

(b) Japan recognizes the validity of dispositions of property of Japan and
Japanese nationals made by or pursuant to directives of the United States Mili-
tary Government in any of the areas referred to in Articles 2 and 3.
(c) Japanese owned submarine cables connecting Japan with territory
removed from Japanese control pursuant to the present Treaty shall be equally
divided, Japan retaining the Japanese terminal and adjoining half of the cable,
and the detached territory the remainder of the cable connecting terminal
facilities.

CHAPTER V.-CLAIMS AND PROPERTY
Article 14.

(a) It is recognized that Japan should pay reparations to the Allied Powers
for the damage and suffering caused by it during the war. Nevertheless it is
also recognized that the resources of Japan are not presently sufficient, if it is to
maintain a viable economy, to make complete reparation for all such damage
and suffering and at the same time meet its other obligations.
Therefore,
1. Japan will promptly enter into negotiations with Allied Powers so
desiring, whose present territories were occupied by Japanese forces and dam-
aged by Japan, with a view to assisting to compensate those countries for the
cost of repairing the damage done, by making available the services of the
Japanese people in production, salvaging and other work for the Allied Powers
in question. Such arrangements shall avoid the imposition of additional liabili-
ties on other Allied Powers, and, where the manufacturing of raw materials is
called for, they shall be supplied by the Allied Powers in question, so as not to
throw any foreign exchange burden upon Japan.


I.I. 2


JAPANESE PEACE TREATIES












2. (I) Subject to the provisions of sub-paragraph (II) below, each of the
Allied Powers shall have the right to seize, retain, liquidate or otherwise dispose
of all property, rights and interests of-

(a) Japan and Japanese nationals,
(b) persons acting for or on behalf of Japan or Japanese nationals.
and
(c) entities owned or controlled by Japan or Japanese nationals,
which on the first coming into force of the present Treaty were subject to its
jurisdiction. The property, rights and interests specified in this sub-paragraph
shall include those now blocked, vested or in the possession or under the control
of enemy property authorities of Allied Powers, which belonged to, or were held
or managed on behalf of, any of the persons or entities mentioned in (a) ,(b) or
(c) above at the time such assets came under the control of such authorities.

(II) The following shall be excepted from the right specified in sub-
paragraph (I) above:-
(i) property of Japanese natural persons who during the war resided
with the permission of the Government concerned in the territory
of one of the Allied Powers, other than territory occupied by Japan,
except property subjected to restrictions during the war and not
released from such restrictions as of the date of the first coming
into force of the present Treaty.
(ii) all real property furniture and fixtures owned by the Govern-
ment of Japan and used for diplomatic or consular purposes, and
all personal furniture and furnishings and other private property
not of an investment nature which was normally necessary for the
carrying out of diplomatic and consular functions, owned by Japan.
ese diplomatic and consular personnel;

(iii) property belonging to religious bodies or private charitable institu-
tions and used exclusively for religious or charitable purposes;

(iv) property, rights and interests which have come within its jurisdic-
tion in consequence of the resumption of trade and financial
relations subsequent to September 2, 1945, between the country
concerned and Japan, except such as have resulted from transac-
tions contrary to the laws of the Allied Power concerned;

(v) obligations of Japan or Japanese nationals, any right, title or
interest in tangible property located in Japan, interests in enterprises
organized under the laws of Japan, or any paper evidence thereof;
provided that this exception shall only apply to obligations of
Japan and its nationals expressed in Japanese currency.
(III) Property referred to in exceptions (i) through (v) above shall
be returned subject to reasonable expenses for its preservation and administration.
If any such property has been liquidated the proceeds shall be returned instead.


I.I. 2


JAPANESE PEACE TREATIES











(IV) The right to seize, retain, liquidate or otherwise dispose of
property as provided in sub-paragraph (I) above shall be exercised in accordance
with the laws of the Allied Power concerned, and the owner shall have only such
rights as may be given him by those laws.
(V) The Allied Powers agree to deal with Japanese trademarks and
literary and artistic property rights on a basis as favourable to Japan as circum-
stances ruling in each country will permit.
(b) Except as otherwise provided in the present Treaty the Allied
Powers waive all reparations claims of the Allied Powers, other claims of the
Allied Powers and their nationals arising out of any actions taken by Japan and
its nationals in the course of the prosecution of the war, and claims of the Allied
Powers for direct military costs of occupation.


Article 15.

(b) Upon application made within nine months of the coming into force
of the present Treaty between Japan and the Allied Powers concerned, Japan
will, within six months of the date of such application, return the property,
tangible and intangible, and all rights or interests of any kind in Japan of each
Allied Power and its nationals which was within Japan at any time between
December 7, 1941, and September 2, 1945, unless the owner has freely disposed
thereof without duress or fraud. Such property shall be returned free of all
encumbrances and charges to which it may have become subject because of the
war, and without any charges for its return. Property whose return is not applied
for by or on behalf of the owner or by his Government within the prescribed
period may be disposed of by the Japanese Government as it may determine. In
cases where such property was within Japan on December 7, 1941, and cannot be
returned or has suffered injury or damage as a result of the war, compensation
will be made on terms not less favourable than the terms provided in the draft
Allied Powers Property Compensation Law approved by the Japanese Cabinet
on July 13, 1951.

(b) With respect to industrial property rights impaired during the war,
Japan will continue to accord to the Allied Powers and their nationals benefits
no less than those heretofore accorded by Cabinet Orders No. 309 effective
September 1, 1949, No. 12 effective January 28, 1950, and No. 9 effective Febru-
ary 1, 1950, all as now amended, provided such nationals have applied for such
benefits within the time limits prescribed therein.

(c) (i) Japan acknowledges that the literary and artistic property rights
which existed in Japan on December 6, 1941, in respect to the published and
unpublished works of the Allied Powers and their nationals have continued in
force since that date, and recognizes those rights which have arisen, or but for the
war would have arisen, in Japan since that date, by the operation of any conven-
tions and agreements to which Japan was a party on that date, irrespective of
whether or not such conventions or agreements were abrogated or suspended


I.I. 2


JAPANESE PEACE TREATIES








JAPANESE PEACE TREATIES


upon or since the outbreak of war oy the domestic law of Japan or of the Allied
Power concerned.
(ii) Without need for application by the proprietor of the right
and without the payment of any fee or compliance with
any other formality, the period from December 7, 1941,
until the coming into force of the present Treaty between
Japan and the Allied Power concerned shall be excluded
from the running of the normal term of such rights; and
such period, with an additional period of six months, shall
be excluded from the time within which a literary work must
be translated into Japanese in order to obtain translating
rights in Japan.

ARTICLE 18

(a) It is recognized that the intervention of the state of war has not
affected the obligation to pay pecuniary debts arising out of
obligations and contracts (including those in respect of bonds)
which existed and rights which were acquired before the existence
of a state of war, and which are due by the Government or
nationals of Japan to the Government or nationals of one of the
Allied Powers, or are due by the Government or nationals of one
of the Allied Powers to the Government or nationals of Japan.
The intervention of a state of war shall equally not be regarded
as affecting the obligation to consider on their merits claims for
loss or damage to property or for personal injury or death which
arose before the existence of a state of war, and which may
be presented or re-presented by the Government of one of the
Allied Powers to the Government of Japan, or by the Govern-
ment of Japan to any of the Governments of the Allied Powers.
The provisions of this paragraph are without prejudice to the
rigths conferred by Article 14.
(b) Japan affirms its liability for the prewar external debt of the
Japanese State and for debts of corporate bodies subsequently
declared to be liabilities of the Japanese State, and expresses
its intention to enter into negotiations at an early date with its
creditors with respect to the resumption of payments on those
debts; to encourage negotiations in respect of other prewar
claims and obligations; and to facilitate the transfer of sums
accordingly.


ARTICLE 19.
(a) Japan waives all claims of Japan and its nationals against the
Allied Powers and their nationals arising out of the war or out
of actions taken because of the existence of a state of war, and


I.I. 2


1952











waives all claims arising from the presence, operations or actions
of forces or authorities of any of the Allied Powers in Japanese
territory prior to the coming into force of the present Treaty.

(b) The foregoing waiver includes any claims arising out of actions
taken by any of the Allied Powers with respect to Japanese ships
between September 1, 1939, and the coming into force of the
present Treaty, as well as any claims and debts arising in respect
to Japanese prisoners of war and civilian internees in the hands
of the Allied Powers, but does not include Japanese claims
specifically recognized in the laws of any Allied Power enacted
since September 2, 1949.
(c) Subject to reciprocal renunciation, the Japanese Government also
renounces all claims (including debts) against Germany and
German nationals on behalf of the Japanese Government and
Japanese nationals, including intergovernmental claims and
claims for loss or damage sustained during the war, but except-
ing (a) claims in respect of contracts entered into and rights
acquired before September 1, 1939, and (b) claims arising out
of trade and financial relations between Japan and Germany
after September 2, 1945. Such renunciations shall not prejudice
actions taken in accordance with Articles 16 and 20 of the
present Treaty.
(d) Japan recognizes the validity of all acts and omissions done
during the period of occupation under or in consequence of
directives of the occupation authorities or authorized by Japan-
ese law at that time, and will take no action subjecting Allied
nationals to civil or criminal liability arising out of such acts
or omissions.


PROTOCOL.

CONTRACTS, PRESCRIPTION AND NEGOTIABLE INSTRUMENTS.
A.-CONTRACTS

1. Any contract which required for its execution intercourse between
any of the parties thereto having become enemies as defined in part F shall,
subject to the exceptions set out in paragraphs 2 and 3 below, be deemed to
have been dissolved as from the time when any of the parties thereto became
enemies. Such dissolution, however, is without prejudice to the provisions
.of Articles 15 and 18 of the Treaty of Peace signed this day, nor shall it
relieve any party to the contract from the obligation to repay amounts received
as advances or as payments on account and in respect of which such party
has not rendered performance in return.

2. Notwithstanding the provisions of paragraph 1 above, there shall be
excepted from dissolution and, without prejudice to the rights contained in


JAPANESE PEACE TREATIES


I.I. 2


1952









1952 JAPANESE PEACE TREATIES I.L 2


Article 14 of the Treaty of Peace signed this day, there shall remain in force
such parts of any contract as are severable and did not require for their
execution intercourse between any of the parties thereto, having become
enemies as defined in part F. Where the provisions of any contract are not
so severable, the contract shall be deemed to have been dissolved in its
entirety. The foregoing shall be subject to the application of domestic laws,
orders or regulations made by a signatory hereto which is an Allied Power
under the said Treaty of Peace and having jurisdiction over the contract or
over any of the parties thereto and shall be subject to the terms of the contract.

3. Nothing in part A shall be deemed to invalidate transactions lawfully
carried out in accordance with a contract between enemies if they have been
carried out with the authorization of the Government concerned being the
Government of a signatory hereto which is an Allied Power under the said
Treaty of Peace.

4. Notwithstanding the foregoing provisions, contracts of insurance
and reinsurance shall be dealt with in accordance with the provisions of parts
D and E of the present Protocol.



B.-PERIODS OF PRESCRIPTION
1. All periods of prescription or limitation of right of action or of the
right to take conservatory measures in respect of relations affecting persons or
property, involving nationals of the signatories hereto who, by reason of the
state of war, were unable to take judicial action or to comply with the formali-
ties necessary to safeguard their rights, irrespective of whether these periods
commenced before or after the outbreak of war, shall be regarded as having
been suspended for the duration of the war in Japanese territory on the one
hand, and on the other hand in the territory of those signatories which grant
to Japan, on a reciprocal basis, the benefit of the provisions of this paragraph.
These periods shall begin to run again on the coming into force of the Treaty
of Peace signed this day. The provisions of this paragraph shall be applicable
in regard to the periods fixed for the presentation of interest or dividend
coupons or for the presentation for payment of securities drawn for repayment
or repayable on any other ground, provided that in respect of such coupons
or securities the period shall begin to run again on the date when money
becomes available for payments to the holder of the coupon or security.

2. Where, on account of failure to perform any act or to comply with
any formality during the war, measures of execution have been taken in Japanese
territory to the prejudice of a national of one of the signatories being an Allied
Power under the said Treaty of Peace, the Japanese Government shall restore
the rights which have been detrimentally affected. If such restoration is im-
possible or would be inequitable the Japanese Government shall provide thht
the national of the signatory concerned shall be afforded such relief as may
be just and equitable in the circumstances.








JAPANESE PEACE TREATIES


C.-NEGOTIABLE INSTRUMENTS
1. As between enemies, no negotiable instrument made before the
war shall be deemed to have become invalid by reason only of failure within
the required time to present the instrument for acceptance or payment, or to give
notice of non-acceptance or non-payment to drawers or endorsers, or to pro-
test the instrument nor by reason of failure to complete any formality during the
war.

2. Where the period within which a negotiable instrument should have
been presented for acceptance or for payment, or within which notice of non-
acceptance or non-payment should have been given to the drawer or endorser,
or within which the instrument should have been protested, has elapsed
during the war, and the party who should have presented or protested the
instrument or have given notice of non-acceptance or non-payment has failed
to do so during the war, a period of not less than three months from the
coming into force of the Treaty of Peace signed this day shall be allowed
within which presentation, notice of non-acceptance or non-payment, or
protest may be made.

3. If a person has, either before or during the war, incurred obligations
under a negotiable instrument in consequence of an undertaking given to him
by a person who has subsequently become an enemy, the latter shall remain
liable to indemnify the former in respect of these obligations, notwithstanding
the outbreak of war.

D. Insurance and Reinsurance Contracts (other than Life)
which had not terminated before the date at which
the parties became enemies.

1. Contracts of Insurance shall be deemed not to have been dissolved
by the fact of the parties becoming enemies, provided that the risk had attach-
ed before the date at which the parties became enemies, and the Insured had
paid, before that date, all moneys owed by way of premium or consideration
for effecting or keeping effective the Insurance in accordance with the Contract.

2. Contracts of Insurance other than those remaining in force under
the preceding clause shall be deemed to have come into existence, and any
moneys paid thereunder shall be returnable.

3. Treaties and other Contracts of Reinsurance, save as hereinafter
expressly provided, shall be deemed to have been determined as at the date
the parties became enemies, and all cessions thereunder shall be cancelled
with effect from that date. Provided that cessions in respect of voyage policies
which had attached under a Treaty of Marine Reinsurance shall be deemed
to have remained in full effect until their natural expiry in accordance with
the terms and conditions on which the risk had been ceded.
4. Contracts of Faculative Reinsurance where the risk had attached and
all moneys owed by way of premium or consideration for effecting or keeping


1952


1.I. 2













effective the Reinsurance had been paid or set off in the customary manner, shall
unless the Reinsurance contract otherwise provides, be deemed to have remained
in full effect until the date at which the parties became enemies and to have
been determined on that date.
Provided that such Faculative Reinsurances in respect of voyage policies
shall be deemed to have remained in full effect until their natural expiry in ac-
cordance with the terms and conditions on which the risk had been ceded.
Provided further that Faculative Reinsurances in respect of a Contract of
Insurance remaining in force under clause 1 above shall be deemed to have
remained in full effect until the expiry of the original Insurance.

5. Contracts of Faculative Reinsurance other than those dealt with in the
preceding clause, and all Contracts of Excess of Loss Reinsurance on an "Excess
of Loss Ratio" basis and of Hail Reinsurance (whether faculative or not), shall
be deemed not to have come into existence, and any moneys paid thereunder
shall be returnable.
6. Unless the Treaty or other Contract of Reinsurance otherwise provides,
premiums shall be adjusted on a pro rata temporis basis.

7. Contracts of Insurance or Reinsurance (including cessions under Treaties
of Reinsurance) shall be deemed not to cover losses or claims caused by bellig-
erent action by either Power of which any of the parties was a national or by
the Allies or Associates of such Power.

8. Where an insurance has been transferred during the war from the
original to another Insurer, or has been wholly reinsured, the transfer or rein-
surance shall, whether effected voluntarily or by administrative or legislative ac-
tion, be recognized and the liability of the original Insurer shall be deemed to
have ceased as from the date of the transfer or reinsurance.

9. Where there was more than one Treaty or other Contract of Reinsur-
ance between the same two parties, there shall be an adjustment of accounts
between them, and in order to establish a resulting balance there shall be brought
into the accounts all balances (which shall include an agreed reserve for losses
still outstanding) and all moneys which may be due from one party to the other
under all such contracts or which may be returnable by virtue of any of the fore-
going provisions.
10. No interest shall be payable by any of the parties for any delay which,
owing to the parties having become enemies, has occurred or may occur in the
settlement of premiums or claims or balances of account.
11. Nothing in this part of the present Protocol shall in any way preju-
dice or affect the rights given by Article 14 of the Treaty of Peace signed
this day.
E Life Insurance Contracts
Where an insurance has been transferred during the war from the original
to another Insurer or has been wholly reinsured, the transfer or reinsurance shall


1952


JAPANESE PEACE TREATIES


1.1. 2








JAPANESE PEACE TREATIES


if effected at the instance of the Japanese administrative or legislative authorities,
be recognized, and the liability of the original Insurer shall be deemed to have
ceased as from the date of the transfer or reinsurance.
F Special Provision
For the purposes of the present Protocol, natural or juridical persons shall
be regarded as enemies from the date when trading between them shall have
become unlawful under laws, orders, or regulations to which such persons or
the contracts were subject.

SECOND SCHEDULE

(i) British Protectorates.
(ii) Territories administered under the trusteeship system of the United
Nations being territories under the sole administration of Her Majesty's
Government in the United Kingdom.
(iii) British Protected States except Brunei and Tonga.
(iv) Other places in which by treaty, grant, usage, sufferance or other law-
ful means, Her Majesty has jurisdiction over British subjects except
the Condominium of the New Hebrides.


EXPLANATORY NOTE

(This Note is not part of the Order, but is intended to
indicate its general purport.)
Article 14 of the Treaty of Peace with Japan gave the United Kingdom,
as one of the Allied Powers, the right to seize all property, rights and interests,
with certain exceptions, of-
(a) Japan and Japanese nationals,
(b) persons acting for or on behalf of Japan or Japanese nationals, and
(c) entities owned or controlled by Japan or Japanese nationals
which on the coming into force of the Treaty (28th April, 1952) were subject
to its jurisdiction. The present Order in Council provides for the collection
and realisation of the property, rights and interests in question and for the
appointment by the Board of Trade of an Administration of Japanese Property
who will have certain powers and duties for those purposes, and will deal
with the proceeds as the Treasury shall direct. The Order in Council also
gives effect, as far as this is possible, to certain other Articles of the Treaty
and of the Protocol thereto.




M.P. 829/52


1952


I.I. 2









SUPPLIES AND SERVICES


DOMINICA
IMPERIAL INSTRUMENT NO. 3 OF 1952



The Supplies and Services (Transitional Powers) Act, 1945
At the Court at Buckingham Palace the 4th day of December, 1952.

Present
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section eight of the Supplies and Services (Transitional
Powers) Act, 1945, the said Act was limited to expire on the tenth day of
December, nineteen hundred and fifty, five years after the passing thereof, unless
continued in force under that section:
AND WHEREAS by Orders in Council made under that section the said
Act was continued in force until the tenth day of December, nineteen hundred
and fifty-two:
AND WHEREAS it is provided by that section that if an Address is
represented to Her Majesty bylkbeac House of Parliament praying that the said
Act should be continued in force for a further period of one year from the
time at which it would otherwise expire, Her Majesty may by Order in Council
direct that it shall continue in force for that further period:
AND WHEREAS such an Address has been presented to Her Majesty by
each House of Parliament as aforesaid:
NOW THEREFORE, Her Majesty, in pursuance of the said section eight
and of all other powers enabling Her in that behalf, is pleased, by and with
the advice of Her Privy Council, to order,, and it is hereby ordered as follows:-

1. The Supplies and Services (Transitional Powers) Act, 1945, which
would otherwise expire on the tenth day of December, nineteen hundred and
fifty-two, shall continue in force for a further period of one year until the
tenth day of December, nineteen hundred and fifty-three.
2. This Order may be cited as the Supplies and Services (Continuance)
Order, 1952, and shall come into operation on the seventh day of December,
nineteen hundred and fifty-two.

F. J. FERNAU.


M.P. C. 31/45 I


1952


1.I. 3




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs