Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00110
 Material Information
Title: Leeward Islands gazette
Physical Description: reels. : ;
Creator: Leeward Islands (West Indies)
Publisher: Gov. Printing Office
Place of Publication: Antigua
Publication Date: 1872-
 Subjects
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: 1- , 1872-
General Note: Two pages per frame.
General Note: Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
 Record Information
Bibliographic ID: UF00076863
Volume ID: VID00110
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

Full Text





THE LEEWARD ISLAND

GAZETTE.

(EX'l RA ORDINARY F)

Sub li eb bV lbut!oritp. .

VOL. LXXV1X. SATURDAY, 7TH JITLY, 1951. No. 88.

LEEWARD ISLANDS.
GENERAL GOVERNMENT.
STATUTORY RULES AND ORDERS.
1951, No. 19.
TRADING WITH THE ENEMY.
THE TRADING WITH THE ENEMY (CUSTODIAN) ORDER, 1951,
DATED JULY 4, 1951, MADE BY THE GOVERNOR IN PUR-
SUANCE OF THE POWERS CONFERRED UPON HIM BY REGU-
LATION 8 OF THE DEFENCE (TRADING WITH THE ENEMY)
REGULATIONS, 1939, AND ALL OTHER POWERS ENABLING
HIM IN THAT BEHALF.

1. Citation. This Order may be cited as the Trading
with the Enemy (Custodian) Order, 1951.
The Defence (Trading with the Enemy) Regulations, 1939,
are hereinafter referred to as the Regulations ".
2. Rights and Things vesting in Custodian.
Without prejudice to the effect of any Order made by the
Governor prior to the date of this Order and save as herein-
after otherwise provided, there shall vest in the Custodian-
(a) the beneficial interest of any enemy or enemy
subject in any property belonging to or held or managed
on behalf of an enemy or an enemy subject at the date of
this Order consisting of securities, or being property exist-
ing by virtue of any will, settlement, trust, intestacy or of
any contract or agreement of any kind whatsoever;
(b) without prejudice to the generality of the fore-
going paragraph, the right to receive
(i) any monies payable presently or at any
future time in respect of any such property as
aforesaid,
(ii) any dividends, bonus or interest pay-
able presently or at any future time in respect
of any such securities as aforesaid and in respect
of any securities comprised in any Vesting
Order made prior to the date of this Order, and
(iii) any monies payable presently or at
any future time in respect of any such securities
as are mentioned in the last preceding subpara-
graph upon redemption or on maturity or upon
such securities being drawn for payment or
otherwise.
3. Exception. There shall be excepted from the
vesting to be effected by tHis Order-

3 X q 9 7 '(a) any estate or interest in land,


L^9t^










(b) any property which has come into the ownership
of any persons by reason of any trade authorised generally
or specially by or by any person authorized in that behalf
by the Governor,
(e) any property which at any time after the 2nd
day of May, 1948, has come into the ownership of any
individual who, not being either a British subject or a
British protected person, possesses German nationality and
is resident in Bulgaria, Hungary, Roumania or Italy,
(d) any property in respect of which any licence, con-
sent or authority has been given under the Regulations or
any Order made thereunder, and
(e) any right or interest the vesting of which in the
Custodian would cause forfeiture or determination of such
right or interest.
4. Payment to other Person authorised by
Governor. Nothing in this Order shall be taken to require
payment to the Custodian of any money, the payment of which
is authorised ro some other person under an authority given
generally or specially by or by any person authorised in that
behalf by the Governor.
5. Rights and Powers of Custodian. The Cus-
todian shall have the following rights and powers with regard
to the property and monies referred to in Article 2 of this
Order, namely:-
(a) to sell or otherwise dispose of and transfer any
such property as aforesaid;
(b) to give a receipt or other effective discharge for
any monies or other property payable or transferable to the
Custodian in consequence of this Order;
(c) to recover and sue for any such monies or prop-
erty as aforesaid and to enforce the due execution of any
trusts or the performance of any such contract or agree-
ment as aforesaid and any rights relating thereto and for
that purpose to begin and prosecute or discontinue legal
proceedings and to instruct Solicitors and Counsel;
(d) to compromise any matter and to accept any
composition or any payment or transfer on account;
(e) to employ and pay such agents as the Custodian
shall think fit to employ;

(r) to sign, seal and deliver and execute any deed or
other document in connection with any such matters as
aforesaid;
(q) generally to do any act or thing that may be
necessary or proper for reducing to possession, recovering,
or protecting any such property and monies as aforesaid
or for enforcing or making effective and complete the
vesting effected by this Order and carrying out the
powers, rights and duties of the Custodian in connection
with the same.
6. Manner of Payment. In cases in which prior to
the date of this Order money would, but for the existence of a
state of war, have been payable in a foreign currency to or for
the benefit of a person who was an enemy, the money shall be
paid to the Custodian at the rate of exchange provided by
Article 2 (4) (d) of the Trading with the Enemy (Custodian)
Order, 1940, and in cases in which money becomes payable in a
foreign currency to the Custodian after the date of this Order










(except in case's in which the money is payable under a contract
in which provision is made for a specified rate of exchange) that
money shall be paid in English currelicy at the middle official
rate of exchange fixed bv the Bank of England on the
date on which the paynient becomes due to the (Custodian as
aforesaid or the middle rate (f exchange for telegraphic
transfers in London on1 that ai;te ,)I it there was no such
rate on that late at such rate as the Governor may determine
as appropriate foir ascertaining thie vXilne in English currency
of the money payable on that date.
Provided that if the money would be payable in a foreign
currency (not being enemy currency) and the person by whom
the money is payable to the Custodian is able to make immedi-
ate payment in that foreign currency (otherwise than in notes or
coin) 1,yment shall be made either in that foreign currency or
in English currency converted at the official buying rate of
exchange fixed by the Bank of England as the Custodian may
require.
In this Article-
(i) the expression "English currency includes any
West Indian dollar currency which is made legal
tender by virtue of any law relating to currency
in force in the Colony;
(ii) the expression foreign currency" means any
currency other than English currency; and
(iii) the expression enemy currency means the cur-
rency of any area under the sovereignty of a
power with whom His Majesty is at war at the
date of this Order.

7. Reimbursement to Custodian. Out-of-pocket
payments duly made by the Custodian in relation to the receiv-
ing, collecting, vesting, management, holding or disposing of
property which is the subject of this Order shall be reimbursed
to the Custodian out of such property or out of the proceeds
thereof and shall be chargeable accordingly.

8. Attachments, Transfer Proceedings, etc.
(a) Any property which is the subject of this Order
shall not be liable to be attached or otherwise taken in
execution.
(b) No person shall without the consent of the Gover-
nor save as directed by this Order transfer part with or
otherwise deal with any such property.
(c) The Custodia', acting under a general cr special
direction of the Governor, may at any time pay over any
particular money paid to him under this Order or transfer
any particular property vested in him by this Order to or
for the benefit of the person who would have been entitled
thereto but for the operation of the Regulations or any
Order made thereunder or to any person appearing to the
Custodian to be authorised by such person to receive the
same.
9. Powers Exercisable. The Custodian shall exer-
cise all the powers conferred on him by this Order in such
manner as he may from time to time be directed by the Gover-
nor and subject to any such direction as he may from time to
time think fit.
10. Interpretation. (1) The Interpretation Act
(Cap. 103) shall apply to this Order as it applies to an Act.








146


(2) For the purposes of this Order the following expres-
sions shall have the following meanings-
"enemy means-
(i) the German State;
(ii) van. individual resident in Germany;
(iii) any body of persons constituted or incorporated
under the laws of Germany;
(iv) any body of persons (whether corporate or un-
incorporatc) carrying on business in any place,
if and -, long as the body is controlled by any
State, individual or body of persons as aforesaid;
(v) as respects any business carried on in Germany any
individual or body of persons (whether c,' "-orate
or unincorporated) carrying on that buoi.,ess in
Germany;
"enemy subject" means an individual who, not being
either a British subject or a British protected person,
poss',-es (:erman nationality and is resident in Japan,
Bul Hungary, Roumania, Italy or Austria;
"Germany means territory comprised in the German
State on the first day of March, 1938;
property has the same meaning assigned to it in regula-
tion 8 of the Regulations;
securities means annuities, stock, shares, bonds, coupons,
debentures or debenture stock registered or inscribed
in any register, branch register or other book kept in
the United Kingdom or transferable by delivery of any
document situate in the United Kingdom;
Vesting Order has the same meaning as that assigned
to it in Article 3 of the Trading with the Enemy
(Custodian) Order, 1940.

Dated this 4th day of July, 1951.

K. W. BLACKBURNE,
Governor.


















ANTIGUA.
Printed at the Government Printing Ofiloe, Leeward Islanda,
by E. M. BLACKMAN, Government Printer.-By Authority.
1951.


47/00110-75-7.51.


[Prioe 3d]




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