PRIVATE PROPERTY AND RIGHTS IN ENEMY COUNTRIES UNDER THE PEACE TREATIES WITH GERMANY, AUSTRIA, HUNGARY, BULGARIA, AND TURKEY PRIVATE PROPERTY AND RIGHTS IN ENEMY COUNTRIES AND PRIVATE RIGHTS AGAINST ENEMY NATIONALS AND GOVERNMENTS UNDER THE PEACE TREATIES WITH GERMANY, AUSTRIA, HUNGARY, BULGARIA, AND TURKEY BY PAUL F. SIMONSON, M.A. Oxon. OF THE INNER TEMPLE, BARRISTER-AT-LAW AUTHOR OF "A TREATISE ON THE LAW RELATING TO DEBENTURES AND DEBENTURE STOCK," ETC. LONDON EFFINGHAM WILSON, 54 THREADNEEDLE ST., E.G. SWEET & MAXWELL, LTD., 3 CHANCERY LANE, W.C. 1921 PKEFACE The plan of the war, which was engineered by the War party in G-ermany in the year 1914, aimed at the complete annihilation of Germany's adversaries in every field. The framers of this plan and their agents, who carried it into execution, exhibited a thoroughness, which would have called for nothing but praise, had it been applied in a worthy cause. It was manifest to the most casual observer ever since the early stages of the war, that Germany had determined, not merely to vanquish her enemies on the battlefield, but also to ruin them commercially, so that she would have nothing to fear from them in the sphere of trade after the cessation of hostilities, whatever might be the result of the conflict between the rival armies. As the inhabitants of the invaded territories of the Allied Powers know to their cost, the instructions issued by the German officers to rob and destroy private property did not fall upon deaf ears, and the material damage suffered by the inhabitants of those districts (as, indeed, by the nationals of the Allied Powers in general) by reason of the war has been on a scale unparalleled in the history of the world. One of the important duties entrusted to the repre- sentatives of the Allied and Associated Powers, who attended the Peace Conference, was to insert in the Treaty with Germany provisions with a view to securing (a) the restitution in specie of such property in Germany belonging to nationals of the Allied Powers as was still in existence, when the Peace Treaty came into force, and (6) adequate compensation for the total or partial loss of property. It was realised by all responsible persons, that the process of reconstruction initiated by the Allied Powers would be expedited or retarded according to the measure of success achieved by their representatives in the performance of their task, and that it was of vital importance to each of those Powers individually to secure for its nationals (in the shape of cash or other property) out of the general wreckage of the wealth of the world as large a share as possible, in order to effect restitution or pro- vide compensation. PREFACE The scheme of the provisions introduced into the Treaty with Germany* for attaining the above-mentioned objects may be summarised as follows : (a) Allied nationals are entitled to the innnediate and com- plete restitution of their property and interests in G-erman tei'ritory ; {})) The German Government is made responsible : (1) For the restitution of all the property and interests in Germany belonging to Allied nationals and for the preservation of such property and interests until restitution; (2) For payment of compensation to Allied nationals for damage or injury inflicted on their property and interests in Germany ; and (3) For payment in full^ at the pre-war rate of exchange, of pre-war debts which are recoverable through the Clearing Offices and are owing by a German national residing in Germany to a British national residing in British territory, if such German national was solvent at the time of the outbreak of the war ; (c) Each Allied Power is authorised to create a charge on the property and interests belonging to German nationals within its territory to secure the sums claimed by its nationals in respect of : (1) The property and interests of its nationals in Germany ; (2) The debts owing to its nationals by German nationals; and (3) Damage or injury inflicted on the property and in- terests of its nationals in Germany ; (d) Debts owing by German nationals to Allied nationals are made payable at the pre-war rate of exchange with interest at 5 per cent, in the absence of an agreement to the contrary ; and (e) Each Allied Power is authorised, notwithstanding the Peace Treaty, to retain and liquidate all the property and in- terests belonging to German nationals within its territory and to apply thereto exceptional war measures until the completion of the liquidation thereof. On perusing this summary, the reader may ask whether the * The provisions in the Peace Treaties with Austria, Hungary, and Bul- garia are, so far as private property and interests are concerned, practically the same as the corresponding provisions in the Treaty with Geriuany. The corresponding provisions in the Peace Treaty with Turkey are, as regards most essentials, similar to those in the Treaty with Germany. PREFACE vii representatives of tlie illlied Powers have acquitted themselves satisfactorily of their duty to protect the private property and rights of the Allied nationals. On the whole, the author has come to the conclusion that the machinery provided by the framers of those parts of the Peace Treaties, which affect private property and interests, is adequate and should answer its purpose. The practical value of this machinery will, however, depend entirely on the manner, in which it is handled by the Government concerned. If the Allied Grovernments insist on the strict com- pliance with the provisions of the Treaties and support the claims of their nationals with determination, there should be little ground for complaint. But all Allied nationals having claims should realise, that forbearance on their part will be necessary ; for it may be confidently anticipated that the Govern- ments and the nationals of the Central Powers, so far from showing readiness to assist Allied nationals who desire to recover their property in enemy territory or debts owing to them by enemy nationals, will endeavour to place obstacles in their way. This opinion is borne out by recent experience. The Austrian Government, though bound by Section IV. of Part X. of the Peace Treaty to remove all restrictions on the property of Allied nationals in Austrian territory and to procure the restitution of such property to its rightful owner, has shown itself less amenable to reason than the German Government in dealing with the claims of Allied nationals, who applied for the restitu- tion of their property. Whilst making the fullest allowances for the difficult position, in which Austria finds herself, the author ventures to think, that such attempts to deprive Allied nationals of property, to which they are rightfully entitled under the express terms of the Treaty, are not calculated to inspire confidence in the sincerity of the professed intention on the part of the Austrian Government to fulfil its obligations. The sole object in referring to the attitude of the Austrian Government has been to show, that vigilance and firmness on the part of the Allied Governments will be necessary, if their nationals are to reap the benefit of the provisions, which were inserted in the Treaties for their protection. British nationals, who have property or interests in enemy countries or claims against enemy nationals, are in a compara- tively favourable position, as the property and interests belonging to enemy nationals in British territory are of considerable value and have (under an express power conferred on each viii PREFACE Allied Power by the Peace Treaties) been charged by the British Government with payment to British nationals of the amount of their claims in respect of their property and interests in enemy countries or against enemy nationals. The property and interests so charged will, when realised, cover a substantial part of the claims of British nationals. The following tables, taken from official figures published during the early part of the war, will give some idea of the relative values and amounts — (a) Of the property and interests of British nationals in enemy countries and of the debts owing by enemy nationals to British nationals ; and {h) Of the property and interests of enemy nationals in Great Britain and of the debts owing by British nationals to enemy nationals : Table A. Property belongiug to Persons resident in Great Britain and situ- ated in — Debts due to British Subjects resident in Great Britain by Persons residing in — Germany ... Austria-Hungary ... Bulgaria Turkey £42,692,626 £17,554,678 £337,593 £4,189,285 £54,906,238 £15,115,163 £1,205,481 £4,781,516 Table B. Property held by the Custodian of Enemy Property in Great Britain and belonging to Persons resident in — Debts due by Persons in Great Britain to Persons resident in — 1 Germany Austria-Hungary Bulgaria Turkey £98,766,018 £17,693,807* £780,863 £4,258,504 £11,884,803 £2,194,358 £156,391 £897,649 A novel feature common to the five Peace Treaties is the in- sertion o£ provisions authorising each of the Allied Powers to retain and charge in favour of its own nationals all the property * This amount will be very largely reduced by reason of the right to restitution of their property given by the Peace Treaties with Austria and Hungary to the inhabitants of the territories detached from Austria and Hungary under those Treaties. PREFACE ix and interests of enemy nationals within its territory. These pro- visions are open to objection on principle for two reasons — viz., PiEST, because they are at variance with the practice almost invariably followed by European Powers for many years to respect the private property of enemy nationals during the con- tinuance of hostilities and to restore it to them on the conclusion of peace ; and, secondly, because they inflict severe hardships on individual enemy nationals, who are not responsible for the war or the manner in which it was conducted. As against these theoretical objections there ai-e practical grounds, on which the insertion of the above-mentioned provisions in the Peace Treaties can be supported. It may be fairly urged that the imperative need to make good without delay the heavy losses incurred by the Allied nationals through the action of the Central Powers affords ample justification for the seizure of the property of enemy nationals within Allied territories. Another argument, which may legitimately be pressed in favour of these provisions, is that it is just and right that enemy nationals should be deliberately penalised by the loss of their private property, as they were the persons, who were intended to benefit by the widespread economic ruin wilfully inflicted by the Central Powers on the nationals of the Allied Powers. The above-mentioned provisions are not the only ones in the Peace Treaties, which in substance amount to the expropriation of individual enemy nationals for the benefit of Allied nationals. Other instances of provisions of a similar nature will be found in Articles 74, 145, 260 (1), 297 (/) (i), 300 (/), 339, 357, and 358 (2) of the Peace Treaty Avith Germany and in the corre- sponding Articles in the other Treaties. In every case, in which enemy nationals have been so expropriated, the Treaties have sought, so far as possible, to minimise the hardship by imposing on each of the enemy States the duty of compensating its nationals for such expropriations. Another innovation introduced by the Peace Treaties is the ratification of authentic versions of these Treaties in several languages. The Treaty with Germany is bilingual (viz., in French and English, both versions being authentic). The Treaties with Austria, Hungary, Bulgaria, and Turkey are tri- lingual (viz., French, English, and Italian), but in the case of divergence the French version prevails, except in the parts of these Treaties dealing with the " Covenant of the League of Nations " and " Labour," where the French and English X PKEFACE versions are of equal force. As the trilingual inscription on the Rosetta stone (now in the British Museum) furnished a key, by the aid of which the hierog-lyphics of Ancient Egypt were deciphered, so the use of different languages in the Peace Treaties helps to clarify the meaning of the obscure passages contained therein. The author has been informed on unimpeachable authority that the first draft of the Peace Treaty with Germany was made partly in the French and partly in the English language, the selection of the language, in which the first version of each particular part of that Treaty was drafted, having been dependent upon the circumstance whether the British or the French staff of draftsmen happened to be available at the time or not. As regards the "Economic Clauses^' (Part X.) of the Treaty, which contain most of the provisions affecting private property and interests as between German and Allied nationals, the fol- lowing considerations would incline one to infer that the French version was the original one : (a) It is provided by Clause (b) of Article 296 that the Government guarantee by each of the Contracting Powers of the debts of its nationals is not to apply in cases where before the war the debtor " had given formal indication of insolvency." The term " formal indication of insolvency " is said in the English version (see Clause 4 of the Annex to Article 296) to bear the same meaning as it has in English law. It so happens that such an expression is not found in the laws of England, and consequently the draftsman of the English version cannot have had any particular provision of the English law in his mind. On the other hand, the French version of this term, " en e'tat (V'lnsolvabilitc dc'daree," clearly shows that the French drafts- man of the Article had in his mind Section 1 of the Bankruptcy Act, 1914, which provides that a debtor commits an act of bankruptcy " if he files a declaration of inability to pay his debts." This term is consequently one, which is known to English law, and is embodied in the French version. The con- siderations mentioned above would appear to warrant the inference that the translator of the term into English, presum- ably not being acquainted with Section 1 of the Bankruptcy Act, 1914, gave a free and meaningless rendering of the French version. (h) In paragraphs {h) and {<•) of Article 296 and again in § 10 of the Annex to (Articles 297 and 298) Section Y., the PREFACE xi expressions " nationanx " and " ressortissants " are used in the French version as synonyms (though they are not really synony- mous), whereas the term "nationals" is used in both of the corresponding passages in the English version. It is hardly conceivable that, if the English version had been the origina one, a translator into French would have used two different words for translating the same expression in the corresponding passage of the English version. (c) In § 16 of the Annex to Section V. (Articles 297 and 298) the term" recoverable " occurs twice in the English version, and is rendered in the French text by the word " recouvrahle " in the first passage and by the word "exigible" in the second. Had the English version been the original one, it is not likely that the translator into French would have used two different expressions to render one and the same word in the English version. The private rights, which are dealt with by the Peace Treaties, are not confined to those mentioned above, but comprise a variety of matters, including {inter alia) the subject of contracts between persons, who became enemies by reason of the outbreak of the war, and the apportionment of the responsibility for Grovernment securities issued by Germany, Austria, Hungary, Bulgaria, and Turkey respectively between these five Powers and the Powers, to whom they have respectively ceded part of their territories under the five Peace Treaties. The object of this book is to assist all persons owning private property or interests in any of the countries, which have until lately been at war with their own country, to understand then- rights under the Peace Treaties. For this purpose a close examination of these five Treaties was requisite, and all the main provisions affecting private property and interests in enemy countries (including the rights in respect of securities issued by enemy Governments) have been printed in extenso. Part I. of the boot consists of a number of introductory chapters, which summarise and explain the provisions of these Treaties, so far as they deal with or affect private property or interests in enemy countries and private rights against enemy nationals. Part II. sets out the full text of the Treaty with Germany, with Commentaries. This Treaty may (so far as its provisions relating to private property and interests are concerned) be styled the Parent Treaty— that is to say, the pattern upon which xii PREFACE the corresponding provisions in the Treaties with Austria, Hungary, and Bulgaria have been modelled, subject to the intro- duction of slight modifications in matters of detail, which were rendered necessary by reason of special circumstances affecting each of these countries individually. The provisions in the Peace Treaty with Turkey relating to private property and interests, though similar to the corresponding provisions in the Treaty with Germany in essentials, differ in some respects from the corresponding provisions in the other Treaties, and have been dealt with in a separate chapter. In order to call the reader's attention to the variants in the Treaties with Austria, Hungary, and Bulgaria, the text of the German Treaty has been printed on the pages on the right-hand side and the variants in the corresponding Articles of the other three Treaties will be found on the opposite pages on the left- hand side. The Appendix consists of : (a) Several Orders in Council, which have been made, in order to give full effect in certain specified parts of the British Empire to the provisions in the Treaties with Germany and Austria affecting private property ; (h) The Rules, which have been made by the Anglo-German Mixed Arbitral Tribunal for the purpose of regulating the pro- cedure of matters, which are brought before it for adjudication ; (c) Several Orders and Sets of Rules made by the Board of Trade with reference to enemy-owned British patents and copy- rights ; and {d) The International Convention of Berlin of 1908 (for the protection of literary and artistic property) and the International Convention of Washington of 1911 (for the protection of in- dustrial property), both of which are either revived or made binding as between the parties to each of the above-mentioned Peace Treaties. In addition to the Table of References to the various Articles in the five Peace Treaties and the Table of Decisions by the English Courts referred to in the text, there is a comparative table showing the corresponding Articles in the Peace Treaties forming part of the " Economic Clauses," so far as they affect private property. On July 26, 1921, the ratifications of the Peace Treaty with Hungary were duly deposited in Paris, and this Treaty is accordingly now binding on all the Signatory Powers. PREFACE xiii Before long an Order in Council, similar to the Order known as the Treaty of Peace (Austria) Order, 1920, will, no doubt, be made for the purpose of giving statutory effect to the Treaty in the United Kingdom, and of establishing a Clearing Office between the United Kingdom and Hungary. The Peace Treaty with Turkey will, it is feared, not be ratified for some time to come. It is, however, highly unlikely that the provisions in the Treaty signed at Sevres on August 10, 1920, so far as they deal with private property, will be modified. P. F. S. 4, Stone Buildings, Lincoln's Inn, W.C. July, 1921. TABLE OF CONTENTS PAET I Chapter I. Outline of the Treaties of Peace between the Allied and Associated Powers of the one part, and Germany, Austria, Hvmgary, Bulgaria, and Turkey of the other part 5 Chapter II. Private Property, Rights, and Interests in Enemy Countries - - - - - - -15 Chapter III. Clearing Offices for Settling and Collecting Enemy Debts and Pecuniary Obligations of Enemy Govern- ments - - - - - - -41 Chapter IV. Industrial, Literary, and Artistic Property - - 59 Section I. Eights of Nationals of Allied and Associated Powers in respect of Industrial, Literary, and Artistic Property in Germany, Austria, Hungary, and Bulgaria - - 65 Section II. Eights of German [Austrian, Hungarian, or Bulgarian] National in respect of Industrial, Literary, and Artistic Property in Territories of the Allied and Associated Powers - - - - - - - 69 Chapter V. Contracts between Enemies - - - - 78 Chapter VI. Jurisdiction of various Courts and Tribunals to make Orders relating to Enemy Property and Disputes between Nationals of Opposing Powers, and the etfect of such Orders made during the War . - - Section I. Orders made during War by Courts of Allied Powers in respect of Enemy Property or of Disputes between Nationals of Opposing Powers - - - - Section II. Present Jurisdiction of Courts of Allied Powers to deal with Enemy Property and with Pre-War Contracts between Allied Nationals and Germans [Austrians, Hungarians, or Bulgarians] - - - - 95 Section III. Orders made during the War by German [Austrian, Hungarian, or Bulgarian] Courts in respect of Enemy Property or Disputes between Allied Nationals and Germans [Austrians, Hungarians, or Bulgarians] - 98 Section IV. Limitation of Present Jurisdiction of German [Austrian, Hungarian, and Bulgarian] Courts - - - 100 XV 93 94 xvi TABLE OF CONTENTS PAGES Section V. Jurisdiction of Courts of Neutral Powers to deal with Disputes relating to Pre-War Contracts between an Allied National and a German [Austrian, Hungarian, or Bulgarian] .---.. 101 Section VI. Jurisdiction of the Mixed Arbitral Tribunal - - 103 Chapter YII. Compensation recoverable by Nationals of Allied or Associated Power from Germany, Austria, Hungary, Bulgaria, and Turkey for Injuries to Person or Property 112 Chapter VIII. Government Securities issued by Germany, Austria, Hungary, Bulgaria, and Turkey - - - - 121 Section I. German Government Securities - - - - 121 Section II. Austrian and Hungarian Government Securities - 123 Section III. Bulgarian Government Securities - - - 132 Section IV. Turkish Government Securities - - - - 134 Chapter IX. Special Provisions in the Economic Clauses of the Peace Treaties with Austria, Hungary, and Bulgaria affecting Private Property - - - - - - 139 Section I. Special Provisions in the Peace Treaty with Austria relating to Private Property . . - . 142 Section II. Special Provisions in Peace Treaty with Hungary relating to Private Property - - - - 151 Section III. Special Provisions in Peace Treaty with Bulgaria relating to Private Property and Bights - - 154 («) Special Provisions in the Economic Clauses of the Treaty with Bulgaria as to Private Property and Rights as between Allied Nationals and Bulgarians - - 154 (b) Special Provisions in the Peace Treaty with Bulgaria relating to Private Property in Transferred Territory - 157 Chapter X. Provisions in the Peace Treaty with Turkey affecting Private Property, Rights, and Interests - - 161 PART II Text of Economic Clauses of Treaty with Germany and the Variants in the Peace Treaties with Austria, Hun- gary, and Bulgaria ... - - 187 Section III. Debts (Art. 296 and Annex) - - - 191-223 Section IV. Property, Rights, and Interests (Arts. 297 and 298 and Annex) 223-250 Section V. Contracts, Prescriptions, Judgments (Arts. 299 to 303 and Annex) 251-281 Section VI. Mixed Arbitral Tribunal (Art. 304 and Annex, and Art. 305) 281-289 Section VII. Industrial, Literary, and Artistic Property (Arts. 306 to 311) ./.--- 289-303 APPENDICES APPENDIX I. PAGES Order in Council made for purpose of giving effect in Great Britain to the Treaty of Peace with Germany - - - - 305-312 APPENDIX II. Order in Council made for purpose of giving effect in Great Britain to the Treaty of Peace with Austria - - - _ 313-320 APPENDIX III. Memorandum of Board of Trade as to the Payment of Debts owing by Austrian Nationals to British Nationals - - - 321-323 APPENDIX IV. Eules of Procedure of the Anglo-German Mixed Arbitral Tribunal con- stituted under Art. 304 of the Treaty of Versailles - - 324-337 APPENDIX V. Agreement between the British and German Governments respecting Art. 297 of the Treaty of Versailles of June 28, 1919 (Property, Eights, and Interests) ....,- 338 APPENDIX VI. Order of Board of Trade dealing with British Patents belonging to German Nationals at Outbreak of War ... - 345 APPENDIX VII. Rules made by Board of Trade as to applications with reference to British Patents belonging to German Nationals at Outbreak of War 352 APPENDIX VIII. Order of Board of Trade dealing with British Copyrights belonging to German or Austrian Nationals at Outbreak of War - - - 357 APPENDIX IX. Eules made by Board of Trade as to applications with reference to British Copyrights belonging to German or Austrian Nationals at Outbreak of War 364 xvii b xviii APPENDICES APPENDIX X. PAGE International Convention (of Washington) for the Protection of In- dustrial Property ..-...- -370 APPENDIX XI. International Convention (of Berlin) relative to the Protection of Literary and Artistic Works, revising the Convention signed at Berne, Sep- tember 9, 1886 - - - - - - - 379 APPENDIX XII. Additional Protocol of March 20, 1914, to the International Copyright Convention (of Berlin) - - - - - - - 389 APPENDIX XIII. Order Amending the Treaty of Peace Order, 1919 - - - 390 TABLE OF REFERENCES TO PEACE TREATIES. {The numbers enclosed in square brackets [100] denote the pages in which the Articles referred to are set out in full.) PEACE TREATY WITH GERMANY. PAGES Art. 36 227, 257 Art. 84 227, 257 Art. 91 227, 257 Art. 99 225 Art. 100 225, 229 Art. 105 - - - - - - - - - 229 Art. 112 229 Art. 119 225 Art. 121 - 223 Art. 136 228 Art. 140 - - - - - - - ■ - 223 Art. 144 - - - - - - - - 223 Art. 153 - - - 223 Art. 231 - - - - - - - - - 112 Art. 233 - - - - - - - - - 115 Art. 243 - - - - - - - - - 237 Art. 252 225 Art. 254 ----- - - 121, 122 Art. 255 121, 122 Art. 256 - - - - - - - - - 123 Art. 286 - 60, 61, 289 Art. 296 ------ 27, 42-57 i:>rtssim [191-209] Annex [209-223] Art. 297 - - -■ - 18, 19, 20-38 i^assiHi, 43, 52, 57, 69, 70, 71, 76, 83, 95, 99, 116 [223-237] Art. 298 19, 23, 83 [237-238] Annex 80, 82-87 [239-250] Art. 299 - - - - - - 80, 81, 82, 105 [251-257] Art. 300 27, 46, 88, 89, 105, 106 [257-261] Art. 301 - - - 87 [261] Art. 302 ----- - 94, 99, 106 [261-263] Art. 303 [263] Annex [263-281] Art. 304 - - - - - 95, 96, 101, 106, 107 [281-287] Annex [287-289] Art. 305 97, 100, 102 [289] xix TABLE OF EEFERENCES TO PEACE TREATIES Art. 306 - Art. 307 - Art. 308 - Art. 309 - Art. 310 - Art. 311 - Art. 440 - - 60, 61, 65, 69, 70, 71, 72 [289-293] 66, 67, 73, 74 [295-297] 67, 75 [297-299] - (58, 75 [299] 68, 76, 77, 106 [299-301] [803] 95, 100 PEACE TREATY WITH AUSTRIA. Art. 52 Art. 58 - Art. 61 - Art. 70 - Art. 71 - Art. 72 - Art. 74 - Art. 76 - Art. 77 - Art. 78 - Art. 99 - Art. 108 - Art. Ill - Art. 170 - Art. 177 - Art. 203 - Art. 211 - Art. 248 - Annex Art. 249 - Art. 290 - Annex Art. 251 - Art. 252 - Art. 253 - Art. 254 - Art. 255 - Annex Art. 256 - Annex Art. 257 - Art. 258 - Art. 259 - Art. 260 - Art. 261 - Art. 262 - Art. 265 - Art. 266 - Art. 267 - Art. 270 - Art. 271 - Art. 272 - 123 123 123 144 144 143, 145 145 - ■ - 143, 146 - 146 . - . - - 145 - 146 - 146 - 146 - 115 112,116 123-132, 142 171 27, A2-51 passim, 148, 150 [190-209] [208-223] 18, 19, 20-38 j^assim, 43, 52, 57, 69, 70, 71, 76, 83, 95, 99, 116, 143, 148 [222-237] - 19, 23, 83 [236-238] - 80, 82-87 [238-250] 80, 81, 82, 105 [250-257] 27, 46, 88, 89, 105, 106, 149 [256-261] 87, 149 [260-261] 94, 99, 106 [260-263] [262-3] [263-281] - 94, 99, 106, 107 [280-287] [286-289] 97, 100, 102 [288-289] 60, 61, 65, 69, 70, 71, 72, 151 [288-293] 66, 67, 73, 74 [294-297] 67, 75 [296-299] 68, 75 [298-299] 68, 76, 77, 106 [298-301] 147 148 - 148 - 149 150 150 TABLE OF REFERENCES TO PEACE TREATIES xxi PAGES Art. 273 - - 1^^ Art. 274 ■ 1^^ Art. 378 - - 9^.100 PEACE TBEATY WITH HUNGAEY. Art. 61 153 Art. 62 152,153 Art. S3 - - - - 154 Art. 92 - - - - 154 Art. 95 - - - , 154 Art. 161 112 Art. 163 - - - - 115 Art. 174 - - 112 Art. 186 - - - - - - . - [123-132], 152 Art 194 -- ------ 171 Art' 231 - - - - 27, 45-57 j^assim, 148, 150, 151 [190-209] An>.ex [208-223] Art 232 - - - 18, 19, 20-38 passim, 43, 52, 57, 69, 70, 71, 76, 83, 95, 99, 116, 117, 143, 148, 152, 153 [222-237] Art. 233 19. 23, 83 [236-238] Annex - 80, 82-87 [238-250] Art. 234 - - - - - - 80, 81, 82, 105 [250-257] Art' 235 - - - - 27, 46, 88, 89, 105, 106, 149 [256-261] Art. 236 87, 149 [260-261] Art 237 - 94, 99, 106 [260-263] Art. 238 - [262-263] Ann X - - - - - - - [263-281] Art. 239 94, 99, 106, 107 [280-287] Annex [286-289] Art. 240 - 97, 100, 102 [288-289] Art 241 - - - - 60, 61, 65, 69, 70, 71, 72, 151 [288-293] Art. 242 66, 67, 73, 74 [294-297] Art 248 - - 67, 75 [296-299] Art. 244 - 68, 75 [298-299] Art. 245 - - - - - - 68, 76, 77, 106 [298-301] Art. 248 - - - - 147 Art. 249 - - - - - - - - - 148 Art. 250 - - - - - - - - - 148 Art. 251 - - - - 149 Art. 252 - - 149 Art. 253 - - - - - - - - - 149 Art. 254 - 150 Art. 255 - 150 Art. 256 - - - - - - - - - 151 Art. 258 - - - - - - - - - 151 Art. 361 - - 95, 100 PEACE TREATY WITH BULGAEIA. Art. 41 - ^33 Art. 47 - - - - - - - - - 133 Art. 134 133-134 xxii TABLE OF REFERENCES TO PEACE TREATIES Art. 139 - Art. 141 - Art. 166 - Art. 176 - Annex Art. 177 - Art. 178 - Art. 179 - Annex Art. 180 - Art. 181 - Art. 182 - Art. 183 - Art. 184 - Art. 185 - Art. 186 - Art. 187 - Annex Art. 188 - Annex Art. 189 - Art. 190 - Art. 191 - Art. 192 - Art. 193 - Art. 194 - Art. 195 - Art. 196 - Art. 201 - Art. 202 - Art. 208 - Art. 296 - PAOES 171 132 - 64 - 27, 42-57 iJ«sst;« [190-209] [208-223] 18, 19, 20-38 passim, 43, 52, 57, 69, 70, 71, 76, 83, 95, 99, 116, 154, IGO [222-237] - 19, 23, 83 [236-238] - 155 - 80, 82-87 [238-250] 80, 81, 82, 105 [250-257] - 155 [155-156] 27, 46, 88, 89, 105, 106, 159 [256-261] 87, 159 [261] 94, 99, 106 [260-263] [156] [263] [263-281] 95, 96, 101, 106, 107 [280-287] - [286-289] - 97, 100, 102 [289] - 60, 61, 65, 69, 70, 71, 72 [288-293] 66, 67, 73, 74 [294-297] - 68, 75 [299] 68, 76, 77, 106 [298-301] [303] 157 - 157 - 159 160 157 95, 100 PEACE TEEATY WITH TUKKEY. Art. 102 - Art. 103 - Art. 104 - Art. Ill - Art. 112 - Art. 123 - Art. 235 - Art. 236 - Art. 241 - Art. 242 - Art. 243 - Art. 244 - Art. 245 - Art. 247 - Art. 248 - Art. 272 - [163-164] [164] [164] [164] [188] - 167 - 117 117 [118-119], 134, 167, 169 [134-135] [135] - [135], 136 [136] [136-137] [137] [137] . 166 TABLE OF EEFERENCES TO PEACE TREATIES xxiii PAGES Art, 281 - 165 Art. 282 - - - - - - - - - 165 Art. 283 --------- 165 Art. 284 - - - - - - - - - 165 Art. 285 --------- 165 Art. 286 - - - - - - - - - 165 Art. 287 [166], 167 Art. 288 [167] Art. 289 [168], 175 Art. 290 [168] Art. 291 - - - - - - - [168-1691, 175 Art. 292 - [169] Art. 293 - [169-170] Art. 294 - - [170] Art. 295 - - - - - - - - [171] Art. 296 - - - - - - - - [172] Art. 297 - - - - - - - - [172] Art. 298 - - - - - - - - - 172 Art. 299 [173] Art. 300 - [173] Art. 301 [173-174] Art. 302 -------- [174] Art. 303 - - - - - - - - [176] Art, 304 [176] Art. 305 [176] Art. 306 - - - - - - - - - 177 Art. 307 - [177-178] Art. 308 -------- [178-179] Art. 309 [179] Art. 310 [179-180] Art. 311 [180-181] Art. 312 [182] Art. 313 [182] Art. 314 [183] Art. 315 - - - - - - - - [183] Art. 316 [183] Art. 317 - - - - - - - - [185] Art. 418 - - - 179 TABLE OF ENGLISH ACTS OF PARLIAMENT REFERRED TO. PAGES 31 and 32 Vic, cap. 37 (Documentary Evidence Act, 1867) - 308, 318 52 and 53 Vic, cap. 63 (Interpretation Act, 1889) - - 312, 820 53 and 54 Vic, cap. 37 (Foreign Jurisdiction Act, 1890) - - 305, 313 5 Edw. VII., cap. 15 (Trade Marks Act, 1905) - - - - 311 7 Edw. VII. , cap. 28 (Patents and Designs Act, 1907) - - - 311 1 and 2 Geo. V., cap. 46 (Copyright Act, 1911) - - - 357, 364 4 and 5 Geo. V., cap. 27 (Patents, Designs, and Trade Marks Tem- porary Rules Act, 1914) .... 311, 319, 348 4 and 5 Geo. V., cap. 87 (Trading with the Enemy Amendment Act, 1914) ....-.- 81, 265, 306, 314 5 Geo. v., cap. 12 (Trading with the Enemy Amendment Act, 1914) - 38, 312, 345 5 and 6 Geo. V., cap. 105 (Trading with the Enemy Amendment Act, 1916) ------- 40, 310, 316, 346 8 and 9 Geo. V., cap. 33 (Treaty of Peace [Germany] Act, 1919) - 9, 97, 193, 305, 345, 352, 357, 364 9 and 10 Geo. V., cap. 80 (Patents and Designs Act, 1919) - - 348 10 and 11 Geo. V., cap. 6 (Treaty of Peace [Austria and Bulgaria] Act, 1920) 9, 97, 140, 313, 357, 364 11 and 12 Geo. V., cap. 11 (Treaty of Peace [Hungary] Act, 1921) 9, 140 COMPARATIVE TABLE OF THE CORRESPONDING ARTICLES IN THE PEACE TREATIES WITH GERMANY, AUSTRIA, HUNGARY, AND BULGARIA. ECONOMIC CLAUSES. Section III.— Debts (Establishment of Clearing Office). Treaty with Germany. Treaty with Austria. 1 Treaty with i Treaty with Hungary. Bulgaria. 1 Treaty with Turkey. Art. 296 Annex Art. 248 Annex Art. 231 Annex Art. 176 Annex — Section IV. — Property, Eights, and Interests. Treaty with Germany. Treaty with Austria Treaty with | Treaty with Hungary. Bulgaria. Treaty with Turkey. Art. 297 Art. 298 Annex Art. 249 Art. 250 Annex Art. 232 ' Art. 177 Art. 233 ' Art. 178 Annex Annex — Section V. — Contracts, Prescriptions, Judgments. Treaty with Treaty with Treaty with Treaty with Ti-eaty with Germany. Austria. Hungary. Bulgaria. Turkey. Art, 299 Art. 251 Art. 234 Art. 180 _ Art. 300 Art. 252 Art. 235 Art. 183 Art. 306 Art. 301 Art. 253 Art. 236 Art. 184 — Art. 302 Art. 254 Art. 237 Art. 185 — Art. 308 Art. 255 Art. 238 Art. 187 — Annex Annex Annex Annex Annex XXV xxvi COMPARATIVE TABLE OF ECONOMIC CLAUSES Section VI. — Mixed Arbitral Tribunal. Treaty with Germany. Treaty with Austria. Treaty with Hungary. Treaty with Bulgaria. Treaty with Turkey. Art. 304 Annex Art. 305 Art. 256 Annex Art. 257 Art. 239 Annex Art. 240 Art. 188 Annex Art. 189 — Section VII. — Industrial, Literary, and Artistic Property. Tieaty with Treaty with Treaty with Treaty with Treaty with Germany. Austria. Hungary. Bulgaria. Turkey. Art. 306 Art. 258 Art. 241 Art. 190 Art. 281 Art. 307 Art. 259 Art. 242 Art. 191 Art. 282 Art. 308 Art. 260 Art. 243 Omitted — Art. 309 Art. 261 Art. 244 Art. 192 Art. 283 Art. 310 Art. 262 Art. 245 Art. 193 Art. 284 Art. 311 Art. 264 Art. 247 Art. 194 Art. 285 TABLE OF CASES. PAGES (1918 [1910 [1921 [1916 [1916 [1918 [1857 (1890 (1802 [1890 (1916 (1894 [1918 [1889 [1902 [1865 (1920 [1921 (1920 [1889 (1918 (1920 [1837 [1915 [1865 (1915 [1915 (1917 (1902 (1921 [1916 Benyon and Co. v. Krainische Industrie Gesellschaft - - 79 British S. Africa Co. v. De Beers Consolidated Mines - 90, 91 Deutsche Bank, London Agency, Be - - - - 40 Daimler Co. v. Continental Tyre Co. - - - - 265 Distington Haematite Co. v. Possehl and Co. - - - 79 Ertel, Bieber and Co. v. Eio Tinto Co. - - - 79, 265 Esposito V. Bowden ----- 79, 265 Francis v. Bruce .-.-.. 197 Furtado v. Eogers - - - - - - 79 George, Be------- 197 Halsey v. Lowenfeld - - - - - 79, 267, 283 Hamlyn and Co. v. Talisker Distillery - - - - 92 Hugh Stevenson and Sons v. A. G. fur Cartonnagen Ind. 79, 251 Jacobs V. Credit Lyonnais - - - - - 91 Janson v. Driefontein Consolidated Mines, Ltd. - - - 265 Lloyd V. Guibert - - - - - - 90, 91 Louis Levy v. Mayer et Schmidt (Tribunal de Commerce, Paris). - - - - - - 47,98 Meyer and Co. v. Faber ------ 241 Meylein v. Waddy (Cour d'Appel, Paris) - - - 47, 98 Missouri Steamship Co., Be - - - - - 92 Naylor Benyon and Co. v. Krainische Industrie Gesel'schaft - 79 Nierhaus, Be - - - - - - 47, 97, 193 Norton v. Ellam - - - - - - - 195 The Panariellos - - - - - - -79 Peninsular and Oriental Steam Navigation Co. v. Shand 91-92 Porter v. Freudenberg ----- 265, 283 Robson V. Premier Oil and Pipe Line - - - - 79 Seligman v. Eagle Insurance Co. - - - 83, 273 Spurrier v. La Cloche - - - - - - 92 Stoeck V. Public Trustee - - - - 199, 225, 809 Zinc Corporation, Ltd., v. Hirsch - - - - 79 XXVll DATES. COMMENCEMENT OF WAR. 4th August, 1914, Declaration of War between Great Britain and Germany. 12th August, 1914, State of War between Great Britain and Austria- Hungary. 5th November, 1914, State of War between Great Britain and Turkey. 12th October, 1915, Diplomatic Relations between Great Britain and Bulgaria broken off. ARMISTICE. 29th September, 1918, Armistice with Bulgaria. 30th October, 1918, Armistice with Turkey. 3rd November, 1918, Armistice with Austria-Hungary. 11th November, 1918, Armistice with Germany. SIGNATURE OF PEACE TREATIES. 28th June, 1919, Peace Treaty with Germany at Versailles. 10th September, 1919, Peace Treaty with Austria at St. Germain in Laye. 27th November, 1919, Peace Treaty with Bulgaria at Neuilly. 4th June, 1920, Peace Treaty with Hungary at Trianon. 10th August, 1920, Peace Treaty with Turkey at Sevres. RATIFICATION OF PEACE TREATIES COMPLETED. 10th January, 1920, Peace Treaty with Germany. 16th July, 1920, Peace Treaty with Austria. 9th August, 1920, Peace Treaty with Bulgaria. 26th July, 1921, Peace Treaty with Hungary. Peace Treaty with Turkey. XXVlll PRIVATE PROPERTY UNDER THE PEACE TREATIES INTRODUCTORY. The object of this book is to explain the general effect of, and to comment in detail on, the Peace Treaties, which have recently been concluded with Germany, Austria, Hungary, Bulgaria, and Turkey, so far as these Treaties affect the private property, rights, and interests (in enemy countries) belonging to nationals of any of the Powers, which are parties to these Treaties. It is there- fore proposed to deal, not merely with the rights of nationals of an Allied or Associated Power with reference to their private property and interests in Germany, Austria, Hungary, Bulgaria, or Turkey, but also with the rights of nationals of the five last-mentioned Powers with reference to their private property, rights, and interests in the territory of the Allied or Associated Powers. The plan of the book is as follows : Part I. consists of a number of introductory chapters dealing- with — (i.) The general outlines of the above-mentioned Peace Treaties, (ii.) The rights of the owners of private property and interests in enemy countries (including the debts owing by nationals of enemy Powers) under the provisions of the above-mentioned Peace Treaties. 1 2 INTRODUCTORY (iii.) The steps to be taken by such owners for the purpose of asserting or enforcing their rights in respect of such property and interests, (iv.) The provisions in the Peace Treaties relating to pre-war contracts between persons, who became enemies by reason of the outbreak of the war. (v.) The jurisdiction of various Courts and Tribunals during the war and after the conclusion of peace to adjudicate on disputes between nationals of Opposing Powers, (vi.) The rights conferred by the Peace Treaties on nationals of the Allied and Associated Powers to recover from Germany, Austria, Hungary, Bul- garia, and Turkey compensation for damage or injury to person or property caused by the war. (vii.) The provisions in the Peace Treaties relating to the Government securities or bonds, which had been issued before the war by Germany, Austria, Hungary, Bulgaria, and Turkey respectively, and the apportionment of the responsibility for paying the sums, accruing and to accrue, due in respect of these securities or bonds as between these Powers, on the one hand, and the other Powers, to whom Germany, Austria, Hungary, Bulgaria, and Turkey have respectively ceded a part of their territories under one or other of the Peace Treaties. Most of the rights in respect of private property and interests in enemy countries under the provisions of the above-mentioned Peace Treaties are (except as regards the Government securities) contained in the Parts of these Treaties, which are headed " Economic Clauses." As these Economic Clauses in the Peace Treaties with Germany, Austria, Hungary, and Bulgaria are (except in a few matters of detail) identically the same, it has been thought unnecessary to add largely to the bulk of this INTRODUCTORY 3 book by printing the full text of the Economic Clauses of each of the four Treaties. The plan adopted has been to print in Part II. of this book the full text of the Economic Clauses of the Peace Treaty with Germany, together with commentaries thereon, and to set out on the page facing each Article of this Treaty, which forms part of the Economic Clauses and deals with private property, the variants found in the corresponding Articles in the Treaties with Austria, Hungary, and Bulgaria. There is also a chapter In Part I. of this book, which deals separately with the Economic Clauses of the Peace Treaties with Austria, Hungary, and Bulgaria, so far as they differ from the Economic Clauses in the Peace Treaty with Germany. The Peace Treaty signed by Turkey at Sevres on August 10, 1920, has not so far been ratified by the Govern- ments of the Allied Powers, and Is therefore not binding. It is, however, practically certain that, in the event of that Treaty being revised, only the clauses dealing with the frontiers of Turkey in Europe and Asia Minor will be modified, and that the Economic Clauses in the Treaty, so far as they affect private property, will stand as they now are. Accordingly, the provisions of this Treaty affecting private property have been dealt with In a separate chapter, on the assumption that these Economic Clauses will be embodied in their present form in the Treaty, which will eventually be ratified by Turkey and the Allied Powers. At the end of the book there are several appendices containing the full text of — {a) Several Orders in Council issued pursuant to the provisions of the Peace Treaties with Germany and Austria for the purpose of giving the force of law to the provisions of these Treaties in Great Britain and a part of the British Empire, INTRODUCTOEY (b) Several International Conventions, which are revived by the Peace Treaties, (c) The Rules of Procedure regulating the proceedings to be taken before the Anglo -German Mixed ' Arbitral Tribunal. The Mixed Arbitral Tribunals created under the Peace Treaties (other than the Treaty with Turkey) have wide powers to determine disputes between nationals of the Powers, which have until recently been at war with each other, (c/) An agreement between Great Britain and Germany with reference to the private property, rights, and interests of the nationals of these Powers in the territory of the Opposing Power, and (e) Orders and Pules made by the Board of Trade concerning enemy-owned British copyrights and patents. PART I CHAPTER I. Outlines of the Treaties of Peace between the Allied and Associated Powers of the one part, AND Germany, Austria, Hungary, Bulgaria, and Turkey of the other part. Before dealing with the substance of the Treaties of ch. i. Peace with Germany, Austria, Hungary, and Bulgaria, Peace Treaties. so far as they affect the subject-matter of this book, attention should be called to the fact that the Allied and Associated Powers, which are parties to the Treaties with Austria, Hungary, and Bulgaria, do not comprise all the Allied and Associated Powers, which are parties to the Treaty with Germany, as some of the Allied and Associated Powers, which broke off diplomatic relations with Germany during the war, continued to be in diplo- matic relations with Austria-Hungary and Bulgaria. The Treaty of Peace with Germany (which is for the sake of brevity referred to in the following pages as " the Treaty with Germany ") was concluded between — [(1) The United States of America, who, having re- fused to ratify the Treaty, are not bound by it.] (2) The British Empire.^ (3) France. (4) Italy. (5) Japan. ^ (6) Belgium. [(7) China, who, having refused to ratify the Treaty, is not bound by it.] (8) Cuba. ^ Consisting of Great Britain and Ireland and Canada, Australia, South Africa, New Zealand, and India. 2 The first five Powers are designated in the Treaty as the " Principal Allied and Associated Powers." 5 OUTLINES OF PEACE TREATIES Ch. I. (9) Greece. (10) Nicaragua. (11) Panama. (12) Poland. (13) Portugal. (14) Roumania. (15) The Serbo-Croat-Slovene State. (16) Siam. (17) Czecho-Slovakia. (18) Bolivia. (19) Brazil. (20) Ecuador. (21) Guatemala. (22) Haiti. (23) The Hedjaz. (24) Honduras. (25) Liberia. (26) Peru and (27) Uruguay, (all of which are collectively referred to in the Treaty as the Allied and Associated Powers) of the one part, and Germany, of the other part. On the other hand, the Treaties of Peace with Austria and Hungary (which are for the sake of brevity referred to in the following pages as *' the Treaty with Austria," and " the Treaty with Hungary ") were respectively concluded between the first seventeen of the above-mentioned Allied and Associated Powers, of the one part, and Austria and Hungary, of the other part. The Treaty of Peace with Bulgaria (which is for the sake of brevity hereafter referred to as " the Treaty with Bulgaria") was concluded between the first seventeen of the above-mentioned Allied and Associated Powers (other than Nicaragua and Panama) and the Hedjaz, of the one part, and Bulgaria, of the other part. OUTLINES OF PEACE TREATIES 7 The Treaty of Peace with Turkey (which is for the ^^' ^■ sake of brevity referred to in the following pages as " the Treaty with Turkey ") was concluded between the British Empire, France, Italy, Japan, Armenia, Belgium, Greece, the Hedjaz, Poland, Portugal, Ptoumania, the Serbo-Croat- Slovene State, and Czecho-Slovakia, of the one part, and Turkey, of the other part. As regards the substance of the Treaties with outune^of^entire Germany, Austria, and Hungary, the framework of the Aus^i^^and main provisions may be summarised as follows : Part I. requires the Contracting Powers to agree to be bound by the League of Nations, which is established by the first 26 Articles. Part II. deals with the new boundaries Oindi frontiers of Germany [Austria and Hungary respectively]. Part III. deals with the cession of territory and the creation and recognition of new States. Part IV. provides for the abandonment by Germany [and by Austria and Hungary respectively] of rights and interests in countries outside Europe, Part V. limits the military, naval, and aerial arr)ui- ments of Germany [Austria and Hungary respectively]. Part VI. makes certain provisions with reference to prisoners of war and graves. Part VII. provides for the lounishment of persons guilty of the violation of the laws and customs of war. Part VIII. deals with the Reparation for loss or damage caused to the Allied and Associated Governments and their nationals by the war. Part IX., which is headed " Financial Clauses," deals with (rt) the cost of reparation and other costs arising under the Treaty with Germany [Austria or Hungary], and {h) the apportionment of the responsibility for the securities issued by the German Government [or the late 8 OUTLINES OF PEACE TREATIES ch- I Austro-Hungaiian Government], having regard to the cession of territory under the Treaty. Part X., which is headed " Economic Clauses," deals with the Customs regulations, duties, and restrictions; the revival of certain treaties and conventions of a general nature ; and with private property, rights, and interests in enemy countries and certain provisions relating to transferred territory. Part XI. deals with Aerial Navigation. Part XII. makes certain provisions as to the use of Ports, Waterways, and Raihvays. Part XIIL provides for the orfianisation of labour in the countries, which have become members of the League of Nations. Parts XIV. and XV. contain miscellaneous Provisions in certain matters of detail. Treaty^dn^'^ The framework of the Treaty with Bulgaria is pre- "^'"^*' cisely the same as that of the other Treaties set forth above except as regards Part IV., which is omitted from the Treaty with Bulgaria, as Bulgaria had no territorial rights and interests outside Europe. Owing to this omission the denoting numbers of the Parts of this Treaty after Part III. are not the same as the denoting numbers of the corresponding Parts of the other Treaties, but Parts IV. to XIIL of the Treaty with Bulgaria respec- tively correspond to Parts V. to XIV. of the Treaties with Germany, Austria, and Hungary. The above sketch of the contents of the Treaties, rough and fragmentary as it is, is sufficient to give to the reader a bird's-eye view of the wide area, a small portion of which forms the subject of enquiry of this book. ConsTiLto''" Part X. of the above-mentioned Treaties with VII. of Part X. . _ i-r> T"V D 1 of Treaties with Germany, Austria, and Hungary, and Part I A. or the fiungity^'and Treaty with Bulgaria, which are (as we have seen) headed Treaty with " Ecouomic Clauscs," are subdivided into eight sections, Bulgaria. '^ OUTLINE OF TEACE TEEATIES 9 only five of which — viz., Sections III. to VII. ^ — touch ch. i. on the matters, which it is proposed to discuss in the following pages (viz.) : (a) The rights of the nationals of each of the Allied and Associated Powers in respect of — (i.) The private property, rights, and interests of such nationals in Germany, [Austria, Hungary, or Bulgaria], and (II.) German [Austrian, Hungarian, or Bul- garian] Government securities held by such nationals. (h) The rights of Germans [Austrians, Hungarians, or Bulgarians] in respect of — (I.) Their private property, rights, and Interests within the territory, colonies, and protec- torates of an Allied or Associated Power, and (ii.) Government securities issued by an Allied or Associated Power, and held by a German, [Austrian, Hungarian, or Bulgarian], and (c) The mutual contractual rights of the nationals of the Allied and Associated Power, on the one hand, and the Germans [Austrians, Hungarians, or Bulgarians] on the other hand. The five sections (of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria) above referred to are : Section IIL, which is headed " Debts " and which provides for the establishment (at the option of each of the Allied and Associated Powers) of Clearing Offices for collecting : 1 Sections III. to VII. of Part X. of the Peace Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria, have by virtue of Clause I. of the Treaty of Peace Order, 1919 (October 24), and of the Treaty of Peace (Austria) Order, 1920, and of the Treaty of Peace (Bulgaria) Order, 1920, full force and effect as law in Great Britain (see infra. Appendix, pp. 305, 313. See also Sec. I. (2) of this Treaty of Peace Act, 1919, and Sec. I. (2) of these Treaties of Peace (Austria and Bulgaria) Act, 1920, and of the Treaty of Peace (Hungary, Act, 1921.) 10 OUTLINES OF PEACE TREATIES Cb. I. (I) The debts owing— (a) By Germans residing in Germany [or Austrians residing in Austria, or Hun- garians residing in Hungary, or Bulgarians residing in Bulgaria] to nationals of the Allied and Associated Powers residing in the territory of such last-mentioned Powers or of their Colonies or Protectorates and (h) By such last-mentioned nationals to Germans residing in Germany [or Austrians residing in Austria, or Hungarians residing in Hungary, or Bulgarians residing in Bulgaria], and (2) The capital and interest payable to nationals of one of the Contracting Powers in respect of securities held by such nationals and issued by the Government of an Opposing Power. Section IV., which is headed " Property, Rights, and Interests," and which defines the rights of — (a) Nationals of the Allied and Associated Powers, who have property, rights, or interests in Germany [Austria, Hungary, and Bulgaria], and {b) Germans [and Austrians, Hungarians, and Bul- garians], who have property, rights, or interests in the territory, colonies, and protectorates of one of the Allied or Associated Powers. Section V., which is headed ** Contracts, Prescrip- tions, Judgments," and which determines, as between nationals of the Allied and Associated Powers (other than the United States of America, Brazil, and Japan) on the one hand, and nationals of Germany [Austria, Hungary, and Bulgaria] on the other hand — (a) How contracts between enemies shall be treated, (6) How the failure on the part of the nationals of the Contracting Powers during the war to enforce OUTLINES OF PEACE TEEATIES 11 their rights, or to comply with the formalities cb i- prescribed by certain contracts, or to perform certain acts, shall be dealt with, and (c) What effect shall be given to judgments of the Courts of Justice of the Contracting Powers affect- ing the interests of nationals of an Opposing Power. Section VL, which is headed " Mixed Arbitral Tribunals," and which provides for the establishment of these Tribunals for the purpose of deciding disputes arising under various Sections III., IV., V., and YIL, of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. Section VII., which is headed " Industrial Property," and which determines the rights of the nationals of the Contracting Powers in the territories of the Opposing Powers in respect of their "industrial property" and "literary and artistic property" as defined hereafter. (See infra, p. 59.) The remaining- three Sections of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria (Sections I., 11. , and VIII.) need not detain us, as they do not deal with the subject-matter of this book. With two comparatively unimportant modifications, f^^tarfs ofsef- h* 1 1. r j-U 1, 1 D j-U tions Ill.to VII. ich were necessary by reason oi the break-up oi the of Part x. of _ , Peace Treaties former Austro-Hungarian Empire, the same provisions as ^^^fungary. are applicable to Germany and Germans under Sections III. to VII. of Part X. of the Peace Treaty with Germany are by the corresponding Sections of Part X. of the Peace Treaties with Austria and Hungary made applicable to Austria and Austrians and to Hungary and Hungarians. The following are the two modifications above re- ferred to : (a) The sums recoverable from Austria [and Hungary] through the Clearing Offices (if such Offices are 12 OUTLINES OF PEACE TREATIES ch- I. established) in respect of interest and capital due on securities, which were issued by the former Austrian Empire [or by the former Kingdom of Hungary] and are held by nationals of any of the Allied or Associated Powers, are by Article 248 of the Treaty with Austria [and by Article 231 of the Treaty with Hungary] limited to a specified proportion of such interest and capital ; the re- maining portions being payable pro rata by the States, to which territory of the former Austro- Hungarian monarchy is transferred under these Treaties. [1)) Article 249 {b) of the Treaty with Austria [and Article 232 (/>) of the Treaty with Hungary] declare that the Allied and Associated Powers shall not have a right to retain or liquidate such property within their respective territories as belongs to persons who, having been Austrians [or Hungarians], shall under the terms of the Treaty with Austria [or with Hungary] within six months from the coming into force of such Treaty have acquired the nationality of one of the Allied or Associated Powers. In addition to the above provisions, the Treaty with Hungary contains the following provisions, which have reference to acts done during the prevalence of Bol- shevism in Hungary since the Armistice with Austria- Hungary and which declares : {a) That all measures taken by the de jure or de facto authorities in Hungary between November 3, 1918, and the coming into force of the Treaty with Hungary and causing injury to the property, rights, and interest of nationals of the Allied and Associated Powers shall be void and {h) That nationals of the Allied or Associated Powers, whose property, rights, or interests in Hungary OUTLINES OF PEACE TREATIES 13 have been subjected by the de jure or de facto ct. i. authorities in Hungary to injurious measures, such as expropriations, confiscation, seizure, requisition, destruction, or deterioration effected as the result of laws or regfulations or acts of violence, shall be entitled to certain measures of relief (Article 232 of the Treaty with Hungary). Bulgaria had no rights or interests in countries outside f^aturfsTf'thl of Europe, and accordingly the Treaty of Peace with Bulgaria. Bulgaria contains no provisions corresponding to Part IV. of the Treaties with Germany and Austria. But, with this single exception, the Treaty with Bulgaria makes, so far as private property is concerned, substantially the same provisions applicable to Bulgaria and Bulgarians as are made applicable to Germany and Germans by the Treaty with Germany. As Part IV. of the Treaty with Germany is omitted from the Treaty with Bulgaria, Part IX. of the Treaty with Bulgaria embodies the Economic Clauses, which are (as we have seen above) contained in Part X. of the Treaties with Germany, Austria, and Hungary. Though many of the provisions in the Economic wItrS'ey. Clauses of the Treaty with Turkey, so far as they affect private property, are similar to those contained in other above-mentioned Treaties, the arrangement of the clauses in the Treaty with Turkey differs materially from that of the other Treaties, and there are considerable omissions from and additions to the Economic Clauses of the Treaty with Turkey, by which it is distinguished from the other Treaties. It has accordingly been found impracticable to deal with these Clauses in conjunction with the corresponding Clauses in the other Treaties, and the plan adopted has been to treat the Treaty with Turkey separately. The general nature of the contents of the Peace Treaties having been indicated, so far as they appear to 14 OUTLINES OF PEACE TREATIES Ch. I. be germane to the subject-matter of this book, it is proposed to examine in detail in the following Chapters how the rights of the nationals of the Powers, which are parties to these Treaties, in respect of their private property and interests in enemy countries are affected by the provisions of these Treaties. Former Peace CHAPTER 11. Private Property, Rights, and Interests in Enemy Countries. For many years before the outbreak of the Great War, it ^^- ^^ had been the practice among civiHsed nations to respect Treaties private property, rights, and interests in enemy countries during the progress of a war, and to allow the persons entitled to such property, rights, and interests to resume possession thereof after the conclusion of peace. Hence it will be found that (except, in some cases, as regards private property and rights in territory, which has been ceded by one of the belligerent Powers to another, or, in other cases, as regards the private property of the members of the royal family reigning in the country of the vanquished Power, or as regards special property, such as the vessels and cargoes of the nationals of one of the belligerent Powers, which had been seized by the other belligerent Power during the war) the Peace Treaties made during the last hundred years only deal very cursorily, if at all, with the private property of the nationals of the belligerent Powers, as the above- mentioned practice made any elaborate express provi- sions with regard to these questions superfluous. On the restoration of peace and the resumption of inter- course between the nationals of the Powers, which had been at war, the former rights and interests of such nationals in respect of private property situated in the territories of each of the belligerent Powers automatically revived and such nationals were, so far as was possible, relegated to the position, which they held before the outbreak of hostilities. 15 16 PRIVATE PROPERTY IN ENEMY COUNTRIES Ch. II. Had Germany respected, and acted on, the rules Reasons for in- '' •"■ man p^clco*^*"^' ^^^^ princlplcs generally observed in civilised warfare, the vi8iousasto Peace Treaty with Germany would, no doubt, have con- property. taiued pFovisions, which either in express terms or by implication authorised the nationals of the belligerent Powers to resume possession of their private property, rights, and interests in enemy territories after the re- storation of peace. Unfortunately, Germany deliberately and consistently violated many of these rules and prin- ciples as well as the provisions of Article 46 of Section IIT., of Convention IV. of the Hague Convention of 1907, which requires the signatories to respect private property in time of war. Indeed, it was apparent from the wanton destruction of private property, which the German forces systematically carried out on every possible occasion throughout the war, that the German Government aimed, not merely at the destruction of private property, so far as was necessary for military purposes (which was, of course, a legitimate object), but at the permanent economic ruin of the Allied Powers in Europe even after the termination of the war (which was not a legitimate object). It was therefore incumbent on the Governments of the Allied and Associated Powers to see to it that this nefarious attempt of the German Government to bring about the economic destruction of its adversaries should, so far as was humanly possible, be frustrated, and that those nationals of the Allied Powers in Europe, who had suffered material loss or damage by reason of the war, should be compensated to as full an extent as was prac- ticable, having regard to the crippled financial position of Germany at the time of the conclusion of peace. Though, as far as we know, there do not appear to have been the same grounds for dealing drastically with the private property, I'ights, and interests of Austrians and Hungarians as justified sternness of treatment in the case PRIVATE PROPERTY IN ENEMY COUNTRIES 17 of the property, rights, and Interests of Germans, the ch. ii. Treaties with Austria and Hungary contain substantially the same provisions, so far as these matters are concerned, as are found in the Treaty with Germany. Though the provisions of the Treaty with Austria are as severe as those contained in the Treaty with Germany, the British Government has made a special aofreement with the Austrian Government with a view to mitigating the terms imposed by the Treaty with Austria, and rendering the payment of debts owing by Austrian nationals to British nationals less onerous than the strict terms contained in the Treaty. With a view to providing and securing compensation feTtionsm?*"^ for losses incurred by reason of the war and to protecting x! of Peace ^^ Treaties with the property and trade of the nationals of the Allied ^^^ma^^y. and Huugary, and Powers in Europe and the nationals of the Colonies and of'part'fx!'of Peace Treaty Dependencies of the British Empire, It became necessary ^^th Bulgaria. to insert in the Treaties elaborate provisions (which are contained in Sections III. and IV. and the Annexes thereto) chiefly in order — (a) To protect the private property, rights, and in- terests of the nationals of the Allied and Asso- ciated Powers In Germany [Austria, Hungary, or Bulgaria], and to secure the payment to such nationals of the sums owing to them by German [Austrian, Hungarian, or Bulgarian] nationals, or by the German [Austrian, Hungarian, or Bulgarian] Government, and to facilitate and / expedite the recovery thereof, and to secure for the nationals of the Allied and Associated Powers, compensation in respect of any such property, rlsfhts or interests as is or are not recoverable i?i specie. (b) To empower each of the Allied and Associated Powers to retain and charge, in favour of its 2 18 PRIVATE PROPERTY IN ENEMY COUNTRIES Ch. II. nationals, all the property, rights, and interests of Germans [Austrians, Hungarians or Bulgarians] within the territory of such Power, and the pro- ceeds of sale produced in the liquidation of property, rights, and interests of Germans [Austrians, Hungarians, or Bulgarians], carried out pursuant to the directions of such Allied or Associated Power, as a security for all sums claimed by the nationals of such Power in respect of their property, rights, and interests in Germany [Austria, Hungary, or Bulgaria], or against German [Austrian, Hungarian, or Bulgarian] nationals or the German [Austrian, Hungarian, or Bulgarian] Government. (c) To bring about the immediate discontinuance of all liquidations in Germany [Austria, Hungary, or Bulgaria] of businesses belonging to nationals of any of the Allied or Associated Powers and the restitution of such businesses to the owners. ((/) To authorise the Allied and Associated Powers to liquidate, or to proceed with and complete the liquidation of the property and rights of or con- trolled by Germans [Austrians, Hungarians, or Bulgarians] in the territories of such Powers. {e) To make the German, Austrian, Hungarian, and Bulgarian Governments respectively guarantee all debts recoverable through the Clearing Offices from their nationals by the nationals of the Allied and Associated Powers except in certain specified cases. As many of the provisions of the four Peace Treaties [such as (b) and (e) of Article 297 of the Treaty with Germany, of Article 249 of the Treaty with Austria, of Article 232 of the Treaty with Hungary, and of Article 177 of the Treaty with Bulgaria] in effect PEIVATE PEOPEETY IN ENEMY COUNTEIES 19 entailed the expropriation of individual Germans [Aus- Ch. ii. trians, Hungarians, or Bulgarians], express provision is made by the Treaties requiring Germany [Austria, Hungary, and Bulgaria] to compensate their respective nationals for any loss or damage sustained by them by reason of such expropriation. It is now proposed to examine in detail what are the respective rights conferred by Section IV. of these Treaties (viz., Articles 297 and 298 of the Treaty with Germany, Articles 249 and 250 of the Treaty with Austria, Articles 232 and 233 of the Treaty with Hungary, and Articles 177 and 178 of the Treaty with Bulgaria and the Annexes thereto) on the nationals of the Con- tracting Powers in respect of the private property, rights, and interests of such nationals in enemy territory. As Section III. of these Treaties merely provides the necessary machinery for enforcing some of the above- mentioned rights and interests — namely, the payment of certain specific debts — it has been thought convenient to postpone the consideration of Section III. until the pro- visions of Section IV. have been called to the attention of the reader. Section I. — Rights of Nationals of Allied and Associated Powers in Pespect of their Private Property and Interests in Germany [Austria, Hungary, and Bulgaria] under the Peace Treaties. Under and by virtue of the provisions of the Treaties n^tkma°s i^^rt"^ with Germany [Austria, Hungary, and Bulgaria] the p?opertyYnIfef- . . . . many [Austria, position of a British subject or of a national of any other Bu\g|riJ]'.°'' of the Allied or Associated Powers as regards his private property, rights, and interests in Germany [Austria, Hungary, and Bulgaria], including his industrial, literary and artistic property and all debts owing to 20 PROPERTY OF ALLIED NATIONALS Ch.iL.sec. 1. him by German [Austrian, Hungarian, and Bulgarian] nationals, and all sums owing to him in respect of German [Austrian, Hungarian, or Bulgarian] Govern- ment securities held by him, is as follows : Tno'^mlnT^ I. All " exceptloual war measures" {i.e., measures Huitgl\y, or havlug the effect of depriving the owners of the property propertfof of the potufT to cHspose thereof without affecting the Allied nationals -i • -i i i • • j x * tobediscon- owuership, such as compulsory admniistration or seques- tration) and all "measures of transfer" (/.c., measures, which do cijfect the oicnership of property by the com- pulsory transfer thereof to a person other than the enemy owner without the consent of the owner — e.g., by compulsory liquidation) taken in Germany [Austria, Hungary, or Bulgaria] with respect to enemy property, rights, and interests belonging to nationals of any Allied or Associated Power (including companies and associa- tions in which they are interested) must be forthwith stayed and discontinued.^ mltsur'e'fin As rcgards the numerous high-handed measures and Armisticcare acts of vlolence passed and perpetrated during the annulled, and ■■■ ■'•■'• '-' gi™r"o* Allied existence or with the authority of the Bolshevist Govern- nationals for . -^-p . -. ... -. -■ damage. mcut ui Huugary special provisions nave been made : (a) Annulling all measures taken by the de jure or de facto authorities in Hungary, between November 3, 1918 (the date of the Armistice with Austria- Hungary), and the date of the coming into force of the Treaty with Hungary, and causing injury to property, rights, or interests of the Allied or Associated Powers or their nationals, (/;) Directing the immediate discontinuance of injurious measures, such as expropriations, confiscations, ^ Article 297 {a) of the Treatj' with Germany; Article 219 («) of tlie Treaty with Austria; Article 232 [a) of the Treaty with Hungary ; and Article 177 (a) of the Treaty with Bulgaria. A special agreenieut between the British and German Governments prescribes the steps to be taken for the recovery of British-owned property which has been subjected to excei)tional war measures in Germany. (See infra, Appendi.x V., pp. 338-342.) IN ENEMY COUNTEIES 21 seizures, requisitions, and the like, effected as the Ch ii.,sec.i. result either of laws or regulations, or of acts of violence on the part of the de jure or de facto authorities in Hungary or of the Hungarian population, and the payment of compensation to nationals of the Allied and Associated Powers, who have suftered injury by reason of such measures, and (c) Declaring invalid all forfeitures purporting to have been carried out after November 3, 1918, by reason of non-compliance with any formalities prescribed by Hungarian laws or decrees (Art. 232 of the Treaty with Hungary). H. All the property, rights, and interests in Germany property of °^ r * J • TT "TV 1 • ~l 1 1 • 1 I • 1 Allied nationals [Austria, Hungary, or BulgariaJ, belongmg to nationals in Germany [Austria, of any Allied or Associated Power, must forthwith be {^^'"l^ry- o"* restored to the owner,^ and it is the duty of the German, [Austrian, Hungarian, or Bulgarian] Government, or of the authorities which have been substituted for it, to carry out such restitution.^ III. Where damage or injury has been inflicted on ^o°r'dP°mag"°'' the property, rights, or interests in Germany [Austria, property°of Hungary, or Bulgaria], belonging to a British subject, or J^y ^-^'^^^ ^^^ to a national of any of the other Allied or Associated [Au™?!!^ Hungary, or Powers by reason of the application thereto of any Bulgaria]. " exceptional war measure " or " measure of transfer " (as defined above), the owner is entitled to compensation, which must be borne by Germany [Austria, Hungary, or Bulgaria], and the amount of such compensation may be charged on the property, rights, and interests of Germans [Austrians, Hungarians, or Bulgarians], in the territory of the claimant's country. The amount of the above- mentioned compensation will be determined by the 1 Article 297 (a) of Treaty with Germany; Article 249 («) of Treaty with Austria; Article 232 [a] of Treaty with Hungary; Article 177 {a) of Treaty with Bulgaria. 2 § 8 of the Annexes to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 22 PEOPEKTY OF ALLIED NATIONALS Restitution in sperie to Allied national of property sub- jected to measure of transfer in Germany [Austria, Hungary, or Bulgaria j. Ch. II., Sec. 1. Mixed Arbitral Tribunal, or by an arbitrator appointed byit.^ IV. If the property, rights, or interests in Germany [Austria, Hungary, or Bulgaria], belonging to a national of any Allied or Associated Power, within whose territory legislative measures prescribing the general liquidation of enemy property were not applied before the signature of the Armistice,^ has or have been subjected to a " measure of transfer" in Germany [Austria, Hungary, or Bulgaria], he is entitled to restitution of such property, rights, or interests, if and so far as the same still exists or exist in specie, and it is the duty of the German [Austrian, Hun- garian, or Bulgarian] Government to take the necessary steps to restore the owner to the possession of his property free from all charges, the German [Austrian, Hungarian, or Bulgarian] Government being responsible for the pre- servation of the property until restoration. Where the property is so restored, the amount of compensation re- coverable in respect of the application thereto of any measure or measures of transfer will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration.^ As no legislative measure, which can be correctly described as prescribing the general liquidation of enemy property, has been applied in Great Britain before the Armistice, British subjects are, it is submitted, under the terms of the Treaties (if correctly interpreted) entitled 1 Article 297 {<:) of the Treaty with Germany; Article 249 (c) of the Treaty with Austria; Article 232 (c) of the Treaty with Hungary; and Article 177 (e) of the Treaty with Jjulgaria ; § 4 of the Annexes to Section IV. of these Treaties. See also § 1 (xvi.) of the Treaty of Peace Order, 1919. See infra, pp. 308-309 § 1 (ix.) of the Treaty of Peace (Austria) Order, 1920 (see infra, p. 315). See also § 1 (i.) of the Treaty of Peace (Bulgaria) Order, 1920. 2 Tlie Armistice with Germany was signed on November 11, 1918 ; the Armistice with Austria-Hungary was signed on November 3, 1918 ; the Armistice with Bulgaria was signed on September 29, 1918. 3 Article 297 (/) of the Treaty with Germany; Article 249 (/) of the Treaty with Austria ; Article 232 (/) of the Treaty with Hungary; and Article 177 (/) of the Treaty with Bulgaria ; §§ 6 and 8 of the Annexes to Section IV. of these Treaties. IN ENEMY COUNTEIES 23 to such in specie restitution. The Law Officers appear, ch.ii, See i however, to have advised the British Government, that it was not the intention of the Peace Treaty with Germany, that such right of restitution in specie should be apphc- able in the case of British claimants. It is difficult to understand how such a decision could have been arrived at. V. Germany [Austria, Hungary, and Bulgaria] are p™Sty?e°^ ' , • t ^ -I -I i • 1 j_ 1 stored to Allied respectively bound, as regards property, rights, and nationals.] ../i interests in Germany [Austria, Hungary, or Bulgaria], belonging to British subjects or to nationals of any of the other Allied or Associated Powers, and restored to them in accordance with the provisions referred to above in Clauses II. and lY. — (a) To restore and maintain the same in the legal position obtaining in respect of the property, rights, and interests of German [Austrian, Hun- garian, or Bulgarian] nationals under the laws in force before the war, and {h) Not to subject the same to any measure in dero- gation of property rights, which are not applied equally to property, rights, and interests of German [Austrian, Hungarian, or Bulgarian] nationals, and to pay compensation in the event of the application of these measures.^ VI. If restitution in specie of property subjected to a by'^^rtngtmfnt measure of transfer cannot be effected, private arrano-e- tionisim ments may be made by the intermediation of the Powers concerned, or the Clearing Offices, to secure compensation for the injury suffered by the owner of such property by the grant to him of advantages or equivalents, which he agrees to accept in lieu of such property.- ^ Article 298 of the Treaty with German}- ; Article 250 of the Treaty with Austria ; Article 233 of the Treaty with Hungary ; Article 178 of the Treaty with Bulgaria. 2 Article 297 (/) of the Treaty with Germany ; Article 249 (/) of the Treaty with Austria; Article 232 (/) of the Treaty with Hungary; Article 177 (/) of the Treaty with Bulgaria. 24 PROPERTY OF ALLIED NATIONALS Appiicatiorof ^"^l- Except in cases, in which such restitution in ?nGurmany^'^'° spccze, as is mentioned above, has been made, the net Hungary, or procccds of Sale in the hquidation of property, rights, and CK'to*"" interests in Germany [Austria, Hungary, or Bulgaria], national. belonging to a British subject or a national of any other Allied or Associated Power, will — (a) Be credited to the Power, of which the owner is a national, through the Clearing Office, if such Power has adopted Section III, (providing for the establishment of a Clearing Office), or (h) Be immediately paid to the person entitled thereto or to his Government, if such Power has not adopted Section IIL^ tix^es^oTcapitai VIII. All taxes aud imposts on capital levied on levied on . , , , ... „ Gemtaif '" pvopcrty, rights, and uiterests of British subjects, or of Hungary, or the uationals of any of the other Allied or Associated Bulgaria] be- -r> i /-< /» longing to Allied Jb^owers bv Germany from November 11, 1918 [or by national. J j t L J Austria or Hungary from November 3, 1918; or b}'' Bulgaria from September 29, 1918], until three months from the coming into force of the Treaty with Germany [or of the Treaty with Austria, Hungary, or Bulgaria], or, in the case of property, rights, and interests, which have been subjected to exceptional war measures, until restitution in accordance with those Treaties, must be repaid to the owner.^ AiiieTnitionais ^^' ^^^ ^he property, rights, and interests of on property o^ Germaus [Austrians, Hungarians, or Bulgarians] within HungaHTins, or ^he territory of any of the Allied or Associated Powers, territory of iiicludinof the debts owinof by nationals of such Power Allied Power. " . . to Germans [Austrians, Hungarians, or Bulgarians] 1 Article 297 (h) of tlie Treaty with Germany ; Article 249 (//) of the Treaty with Austria; Article 232 {h) of the Treaty with Hungary; Article 177 (/<) of the Treaty with Bulgaria. 2 Article 297 (i) of the Treaty with Germany ; Article 249 ( /) of the Treaty with Austria; Article 232 (./) of the Treaty with Hungary; Article 177 (,/) of the Treaty with Bulgaria. IN ENEMY COUNTRIES 25 residing in such territory may be charged by such Power ch.ii.,sec. to secure : A. In the first place, payment of all sums due in respect of — (i.) Claims of nationals of that Allied or Associated Power in respect of their pro- perty, rights, and interests in Germany [Austria, Hungary, or Bulgaria], (ii. ) Debts owing to such nationals by Germans [Austrians, Hungarians, or Bulgarians], (iii.) Claims growing out of acts committed by the German Government or by any German Authorities since July 31, 1914, and before that Allied or Associated Power entered into the war [or by the former Austro-Hungarian Government or by any Austrian Authorities since July 28, 1914, or by the Bulgarian Government or by any Bulgarian authorities since October 11, 1915, and before that Allied or Associated Power entered into the war].^ (iv.) Claims of nationals of that Allied or Associated Power for compensation for damage or injury inflicted on their property, rights, or interests in Germany - [Austria, Hungary, or Bulgaria] by the application of any exceptional war measure or measures as above defined." B. In the second place, payment of the amounts due in respect of claims of the nationals of that Allied 1 § 4 of Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 2 Article 297 (c) of Treaty w^ith Germany; Article 249 (e) of Treaty with Austria; Article 232 (c) of Treaty with Hungary; Article 177 (e) of Treaty with Bulgaria. 26 PEOPERTY OF ALLIED NATIONALS Ch. II., Sec. 1. Qj. Associated Power with regard to their property, rights, and interests in the territory of other enemy Powers, in so far as those claims are unsatisfied.^ All the property, rights, and interests belonging to Germans, Austrians, and Bulgarians within His Majesty's Dominions and Protectorates have been charged in favour of British claimants.^ °nemy property X. Oi'ders for wiiidiug Up busiuesses, vesting orders, made by Ger- ,. ^ ,.. ,.. .. • many [Austria, aiiQ other oixlei's, du^ectious, decisions, and instructions Hungary, or Bulgaria). made or given by Germany or by the German Authorities since November 11, 1918 [or by Austria, or Hungary, or the Austrian or Hungarian Authorities since November 3, 1918] in pursuance of war legislation with regard to enemy property, rights, and interests are void.^ Chapter VL (see infra, pp. 98-101) deals with the effect of orders made and judgments given during the war by German [Austrian, Hungarian, and Bulgarian] Courts against British subjects and the nationals of any of the other Allied or Associated Powers, and the jurisdiction of such Courts to hereafter make orders, which are binding on British subjects and the nationals of such other Powers. casTasTets^of"^ XL All investmeuts effected with the cash assets of Allied national i-rj-.i !• n -ir* Pi j_l to be annulled, the British subjects or of nationals of any oi the other Allied or Associated Powers are annulled, and the cash assets will be accounted for irrespective of such in- vestment.^ perwdTofprc- XH. Thc rlghts of nationals of the Allied and scription or ^ right^ofTctfon Associated Powers in regard to their private property, during the war. ^ § 4 of the Annex to Section IV. 2 Sec § 1 (xvi.) of tlie Treaty of Peace Order, 1919 ; § 1 (ix.) of the Treaty of Peace (Austria) Order, 1920 ; § 1 (i.) of the Treaty of Peace (Bulgaria) Order, 1920 ; § 1 of the Egypt Treaty of Peace Order, 1920. However, under a special agreement with Germany, the British Government has agreed to release from the above charge furniture and trade implements (to the value of £500) owned by Germans of small means. (See infra. Appendix V., pp. 342-34.3.) 3 § I of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary. •* § 12 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. IN ENEMY COUNTRIES 27 rights, and interests in German, [Austrian, Hungarian, or ^^- ^^•' s®°- ^• Bulgarian] territory will not, unless barred before the outbreak of the war, be barred by reason of their not having taken steps during the war for enforcing such rights, as all periods of prescription or limitation of right of action will be treated as suspended during the war.^ XIII. In the absence of any express stipulation to the Sfang^ifppuc- contrary, nationals of any of the Allied or Associated interest payable •t 'I on debts owing Powers are entitled to require that all capital moneys nattonafs. and interest, which were payable to them before or during the war (i.) by the German [Austrian, Hungarian, or Bulgarian] Government in respect of Government securities or (ii.) by a German [Austrian, Hungarian, or Bulgarian] national, shall be paid in the currency of the creditor s country at the pre-war rate of exchange. Capital moneys payable by a German [Austrian, Hungarian, or Bulgarian] national to a national of an Allied or Associated Power will (in the absence of any custom, law, or express or implied agreement to the contrary) carry interest at the rate of b per cent, per annum.^ As regards the capital moneys and interest which ofP^gponsi^mty became payable to nationals of the Allied and Associated aWeoJflus'trian and Hungarian Powers before or during the war in respect of securities ^ecu™"'* issued or taken over by the former Austrian or Hungarian Government, Austria and Hungary will respectively only be liable for such portion thereof as shall be fixed by the Reparation Commission on the principles laid down by Articles 203 and 248 of the Treaty with Austria, and Articles 186 and 231 of the Treaty with Hungary. Each of the States (other than Bosnia and Herzegovina), to which part of the territory of the former Austro- ^ Article 300 (a) of the Treaty with Germany ; Article 252 {a) of the Treaty Avith Austria; Article 235 (a) of the Treaty with Hungary; Article 183 (a) of the Treaty with Bulgaria. 2 Article 296 {d) of the Treaty with Germany; Article 248 (d) of the Treaty with Austria; Article 231 {d) of the Treaty with Hungary; Article 176 [d) of the Treaty with Bulgaria ; § 14 of the Annex to Section IV. and § 22 of the Annex to Section III. of all four Treaties. 28 PROPERTY OF ALLIED NATIONALS ■ ch.ii., Sec. 1. Hungarian Monarchy is transferred (/.6'., Italy, Hungary, Poland, Koumania, the Serbo-Croat-Slovene State, and Czecho-Slovakia), will respectively assume responsibility for such portion of the pre-war debt of the former Austro- Hungarian Government as shall be assigned to it by the Reparation Commission (see infra, Chapter VHI. pp. 123-132). ^fTsponSty Provisions of a similar nature (except as regards able on German Alsace aud Lorralue) as regards the apportionment of the and Bulgarian _ _ / o i i ?ecuriti^s!°^ responsibility for the payment of the capital moneys and interest accruing due in respect of German Govern- ment securities will be found in Article 254 of the Treaty with Germany (see infni, pp. 120-123). There are also similar provisions with reference to Bulgarian Government securities in Article 141 of the Treaty with Bulgaria (see infra, pp. 132-134). Mode of re- The mode, in which debts owing: bv enemies will be covery of debts. ' O ./ recoverable, will (as we shall see in Chapter IH.) depend upon the adoption or non-adoption of Section HI. of the Treaties (providing for the establishment of Clearing Offices) by the creditor's country. If Section HI. is adopted, debts so recoverable must be recovered through the intervention of the Clearing Office of the creditor's country. If, on the other hand, Section III. is not adopted, the Treaties would appear to throw the duty on the German [Austrian, Hungarian, or Bulgarian] Govern- ment to see that the debt (unless voluntarily paid by the debtor) is paid.^ taken b°y^Aiiicd Thc modc, iu which a British subject or a national of cover or enforce auv of the other AlKcd or Associated Powers should property, rights, '' Germauy.*'* "' proceed, lu Order to obtain a settlement of his claim with regard to his private property, rights, and interests in Germany [Austria, Hungary, or Bulgaria], will depend partly on the nature of such property, rights, or interests, ' See §§ 8 and 14 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part LX. of the Treaty with Bulgaria. IN ENEMY COUNTRIES 29 and partly on the prevailing conditions, when such settle- ch. ii., See. i. ment is to be effected. A. If the right, which he wishes to enforce, is the deb^owingb? German recovery of a debt: [Austrian, Hun- J ganan, or (1.) If the creditor is a national of any Allied IrilfSlonai. or Associated Power, which has adopted Section III. of Part X. of the Peace Treaty w^ith Germany [Austria, or Hungary], or of Part IX. of the Treaty with Bulgaria, he will take the steps prescribed by that Section for re- covering the debt through the Clearim/ Offi.ce (as to this see infra, pp. 41-58) ; or (II.) If the creditor is a national of an Allied or Associated Power, which has not adopted Section III., he should apply direct to the debtor for payment of the amount due. In the event of such payment not being made, the creditor should either {a) submit his claim to the Mixed Arbitral Tribunal for adjudication, or (6) give notice of his claim to the department of the Foreign Office of the creditor's country dealing with claims to property in enemy countries.-^ In the latter case the Foreifrn Office should, it is submitted, forward the claim to the German [Austrian, Hungarian, or Bulgarian] Government, which would appear to be bound under the terms of the Treaties to take the necessary steps to comjDel the payment of the debts due by its nationals.^ It should, however, be stated, that it is not yet clear, how far the Foreign Offices will themselves under- 1 In Great Britain the Controller of the Foreign Claims Department (or the Administrator of the Anstrian, Hungarian, or Bulgarian Claims Department, according to the circumstances), Cornwall House, Stamford Street, London, S.E. , has charge of this department. 2 §§ 8 and 14 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 30 PROPERTY OF ALLIED NATIONALS Ch. II.,Sec.l. B. Recovery by Allied national of property in Germany (Aus- tria, Hungary, or IJulgaria] other than a debt. (I.) Where property has not been sub- jected to measure of transfer. (II.) Where property has been subjected to measure of transfer. take to enforce the satisfaction of the claims of their own nationals by requiring the Govern- ment of the Opposing Power to compel their nationals to satisfy such claims. B. A national of one of the Allied or Associated Powers desiring to recover any property, right, or interest in Germany [Austria, Hungary, or Bulgaria] other tliaii a debt should take the following steps : (I.) If the property, right, or interest claimed has not been subjected to any measure of transfer (as de- fined above on p. 20) in Germany [Austria, Hungary, or Bulgaria], he may claim restitution thereof direct from the person in possession thereof. In the event of restitution being refused, he should send notice of his claim to the Department of the Foreign Office of his country^ dealing with claims of property in Germany [Austria, Hungary, or Bulgaria]. This claim will be forwarded to the German [Austrian, Hungarian, or Bulgarian] Government, which is bound by Clause 8 of the above-mentioned Annex to Section lY. of these Treaties to take the necessary steps to restore the property to the claimant. If necessary, the Foreign Office of the claimant's country should, it is submitted, insist on the Government of the respondent's country taking the necessary steps to enforce the claimant's right. Should, however, the Foreign Ofiice of the claimant's country decline to press the claim, the claimant will have to bring his case before the Mixed Arbitral Tribunal. (II.) If the property, right, or interest claimed lias been subjected to a measure of transfer in Germany [Austria, Hungary, or Bulgaria] and 1 In Great Britain the claim should be sent to the Controller of the Foreign Claims Department, or tlie Administrator of the Austrian, Hun^'arian, or Bulgarian Claims Department, Cornwall House, Stamford Street, London, S.E. IN ENEMY COUNTRIES 31 (a) If the jyroperfi/ still exists in specie, he may ch. ii., Sec i. adopt either of the following courses (namely) : ( 1 ) Send in to the Department of the Foreign Office of his country dealing with claims of property in Germany [Austria, Hungary, or Bulgaria] a notice of his claim for restitution in specie oi the property and compensation in respect of damage (if any) inflicted on his property by the application of exceptional war measures or measures of transfer. This claim, together wuth other claims for restitution z?z specie, will within one year from the coming into force of the Treaty be forwarded to the German [Austrian, Hungarian, or Bul- garian] Government (Clause 7 of the Annex to Section IV.), which Is bound to take all necessary steps to restore the owner to the possession of the property free from all encumbrances/ The right to claim the restitution of property, which has been subjected to a measure of transfer, however, can only be exercised by a claimant, whose country has not applied legislative measures prescribing general liquidation of enemy property within its territory before the signing of the Armistice, or (2) Send a notice of a claim for payment of the proceeds of the sale of his property, right, or interest, according to the circumstances : 1 Article 297 (/) of Treaty with Germany; Article 249 (/) of Treaty with Austria; Article 232 (/) of Treaty with Hungary; Article 177 (/) of Treaty with Bulgaria. As regards the special agreement providing for the recovery of British property, which has been subjected to exceptional war measures in Germany, see infra, pp. 338-342. 32 PROPERTY OF ALLIED NATIONALS Ch. II., Sec. 1. (i.) To the Clearinfi ()^a^ of the claimant's country, if that country has established a Clearing- Office under Section III. of the Treaties (as to this see infra, pp. 41-58), or (ii.) To the Department of the Foreupi Office of the claimant's country, which deals with the claims of its nationals to property in Germany [Austria, Hungary, or Bulgaria], if no such Clearing Office has been established. This claim will be forwarded to the German [Austrian, Hungarian, or Bulgarian] Government, which must forthwith pay such proceeds of sale to the Government of the claimant's country or to the claimant himself.^ If the Foreign Office of the claimant's country declines to take the necessary steps to obtain satisfaction of the claim, the claimant will have to submit his claim to the Mixed Arbitral Tribunal. (b) If the re.^^2V^^#/(/?i of the claimant's property, rights, or interests in specie cannot he effected^ the claimant may recover the proceeds of sale and compensation by adopting, accord- ing to the circumstances of the case, one or other of the courses mentioned above in sub-clause (2) — that is to say, by sending a notice of his claim to the Clcaiing Office established by his country (if it has been established) or to the Department of the Foreign Office, which deals with the claims ' Article 297 {li) of Treaty with Germany; Article 249 [h) of Treaty with Austria ; Article 232 {h) of Treaty with Hungary ; Article 177 [h) of Treaty with Bulgaria. IN ALLIED COUNTRIES 33 of its nationals to property in Germany ch.ii., See. i. [Austria, Hungary, or Bulgaria], if there is no such Clearing Office. If the Foreign Office of the claimant's country declines to, or does not, put forward the claim, the claimant must file his claim with the Mixed Arbitral Tribunal. Section II. — Rights of Germans, Austrians, Hun- garians, AND Bulgarians in respect of their Property, Bights, and Interests in the Territory OF the Allied and Associated Powers under the Peace Treaties. Under and by virtue of the provisions of the Treaties RigMsof oer- •^ i man [Austrian, with Germany, Austria, Hungary, and Bulgaria, the BuigiSin'" position of a German [Austrian, Hungarian, or Bulgarian], pivate property as regards his private property, rights, and interests in ^"^"^ ^°'^*'"' the territory of any of the Allied or Associated Powers or their colonies, possessions, or protectorates or in terri- tories ceded to the Allies, is as follows : I. Each Allied or Associated Power has the vio-ht Cif, Retention or o V liquidation of it thinks fit) to retain and liquidate all such property German^ °^ /•IT n'l • T T ^ • • [Austrian, Hun- (mcluamg all industrial, literary, and artistic property), ga«an, or bui- rights, and interests within its territory, colonies, posses- AmedTower. sions, or protectorates or in any ceded territory, as belongs to a German [Austrian, Hungarian, or Bulgarian] and to apply thereto exceptional war measures until the completion of the liquidation thereof and such German [Austrian, Hungarian, or Bulgarian] owner of such property, rights, and interests will not be able to dispose of the same without the consent of the Govern- ment of such Allied or Associated Power. ^ 1 Article 297 {b) of Treaty with Germany; Article 249 (b) of Treaty with Austria; Article 232 {b) of Treaty with Hungary; Article 177 (b) of Treaty with Bulgaria ; and § 9 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. The Trading with the Enemy Acts, 1914 to 1918, are "exceptional war measures" within the meaning of these Articles [Meyer and Co. v. Faber, W.N. [1921], 180). 3 34 ENEMY PEOPERTY ch.pL, ^]^g property, rights, and interests so retained within the territory of an Allied or Associated Power and the proceeds of any sale or liquidation thereof may be charged (by the Allied or Associated Power concerned) with pay- ment of the amounts due in respect of : (i.) Claims of its nationals with regard to their pro- perty, rights, or interests in German}^ [Austria, Hungary, or Bulgaria] or in the territory of other enemy Powers, (ii.) Debts owning to its nationals by Germans [Austrians, Hungarians, or Bulgarians], and (iii.) Certain claims for compensation in respect of acts committed by the German [or the former Austro-Hungarian or the Bulgarian] Govern- ment.-^ The proceeds of any such sale or liquidation (if any) not charged in the manner mentioned above will be credited to Germany [Austria, Hungary, and Bulgaria] respectively in respect of their reparation obligations. ^ SLiusrAiiied II. A German [Austrian, Hungarian, or Bulgarian] maXbToer^- cauuot malic any claim or bring any action against an man [Austrian, '^ iuiglriS'in" Allied or Associated Power or agamst any person actmg regard to Ms* '"on behalf of the Government of any such Power in property. .... -> . , respect of any act or omission with regard to any property. rights, or interests of such German [Austrian, Hungarian, or Bulgarian] during the war or in preparation for the war.^ 1 § 4 of the above-mentioned Annex to Section IV. of the Treaties witli Germany, Austria, Hungary, and Bulgaria. The property of German, Austrian, Hungarian, and Bulgarian nationals in Great Britain has been charged by several Orders in Council (see su2)ra, pp. 24-26). However, under a special agreement with Germany, the 15ritish Government has agreed to release from such charge furniture and trade implements (to the value of £500) owned by Germans of small means (see infra, Appendix V., pp. 342-343). 2 Article 297 (/i) of Treaty with Germany ; Article 249 (7i) of Treaty with Austria ; Article 232 {h) of Treaty with Hungary ; Article 177 {h) of Treaty with Bulgaria. 3 § 2 of the above-mentioned Annex to Section IV. of the Treaties with Germany, Austria, Hungary, and Bulgaria. IN ALLIED COUNTRIES 35 III. Germany [Austria, Hungary, and Bulgaria] must ^^- ^J-- compensate their own nationals in respect of the sale or Germany [Austria, Hun- retention by an Allied or Associated Power of the |arfa] musf " property, rie^hts, or interests of such nationals in Allied nationals in' •^ -^ *^ ° spect of sale or compensate its nationals in : spect of sale or Associated States.^ [he1?proVerty IV. All securities, certificates, deeds, and other docu-/ ' ' ' Germany ments of title held by Germans [Austrians, Hungarians, gtryJorB^^' Tt T • -I T -I ' • 1 • garia] must or _Dul2farians and relatmo- to property, rights, or m- i^iiver to Aiued <-> -I a r r J ^ O ' Power securities terests within the territory of any Allied or Associated manMAur Power (includinof any shares, stocks, debentures, de- i'"^^, orBuigar. ^ o -J ' lans] and relat- benture stock, or other obligations of any company) will In AUiedTeni^ be delivered by Germany [Austria, Hungary, and Bulgaria] to such Allied or Associated Power within six months from the coming into force of the Treaty with Germany [or with Austria, Hungary, or Bulgaria].- v. Investments effected with the cash assets oP^^^lflf^^ °^ Germans [Austrians, Hung-arians, or Bulo-arians] by [AiTtrilns, ■- , ° ... -i J Hungarians, or persons responsible for the administration of enemy fnnuiilr*^ property in the territory of any Allied or Associated Power are annulled.^ VI. The proceedings before the Mixed Tribunals are may detenuLe conducted in the lanpruage to be determined by the Allied u^s"d"bffore ^^ ^ ° "^ Mixed Arhitra- or Associated Power concerned.^ tion Tribunals. VII. All acts done by virtue of the special measures Powef in^eglrd taken during the war under the authority of any Allied merary! and' ^ . artistic property or Associated Power in regard to the rights of Germans GermanT *" [Austrians, Huno-arians, or Bulgarians] in industrial, Hungarians, or , P . . Bulgarians] will literary, or artistic property are to remain in force and to '"'^"^^^'^ ^^ ^°i"«=e. continue, and no claims can be made by any German 1 Article 297 (i) of Treaty with Germany ; Article 249 (j) of Treaty with Austria ; Article 232 (/) of Treaty with Hungary; Article 177 {J} of Ti-eaty with Bulgaria. ^ § 10 of the Annex to Section IV. of the Treaties with Germany, Austria, Hungary, and Bulgaria. ^ § 12 of Annex to Section IV, of the four Treaties. * § 8 of the Annex to Section VI. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 36 ENEMY PROPERTY Sec "i! [Austrian, Hungarian, or Bulgarian] in respect of the use during the war of any such rights or in respect of the sale or use thereof.^ SrioTof'pref VIII. The rights of German [Austrian, Hungarian, scriptiou or -_^. .-. - ^ , ri"ht*ofT''^n '^^ -DulgarianJ nationals m regard to their property, during tho war. j-ightg, and interests in the territories of the Allied and Associated Powers will not, unless barred before the out- break of the war, be barred by reason of their not having taken steps during the war for enforcing such rights, as all periods of prescription or limitations of rights of action will be treated as suspended during the war.^ cou^teof AHrid IX. The effect of orders made and judgments given Powers to make i • i • /^ r • tt orders binding durmp: the War asramst Germans [ Austrians, Huno^arians, on (iermans o o L ' O ' Hungarians, or Or Bulgarlaus] by the English Courts or by the Courts Bulgarians]. _ pi i aitt a • tt-w ti of any of the other Allied or Associated Powers and the jurisdiction of such Courts to hereafter make and give such orders and judgments are dealt with in Chapter VI. (see infra, pp. 94-98). tekenb'y^^Ger- A German [Austrian, Hungarian, or Bulgarian], man [Austrian, . ... ... sTariinihr owning any property, rights, or interests in the territory ptoperty^in'' of auy of the Allied or Associated Powers at the time of the coming into force of the Peace Treaty with Germany, [Austria, Hungary, or Bulgaria], will not be entitled to claim restitution thereof, as such property (or, in the case of the sale by any such Power in the liquidation of any such property, the proceeds of sale thereof) is liable to be charged (and is, as regards enemy property, situated in Great Britain and belonging to a German, Austrian, or Bulgarian,^ in fact now charged) with 1 Article 306 of Treaty with Germany ; Article 258 of Treaty with Austria ; Article 241 of Treaty with Hungary ; Article 190 of Treaty with Bulgaria. - Article 300 (a) of Treaty with Germany ; Article 252 {a) of Treaty with Austria ; Article 235 (a) of Treaty with Hungary ; Article 183 (a) of Treaty with Bulgaria. 3 See § 1 (xvi.) of the Treaty of Peace Order, 1919 ; § 1 (ix.) of the Treaty of Peace (Austria) Order, 1920 ; § 1 (i.) of tho Treaty of Peace (Bulgaria) Order, 1920 (sec infra, pp. 308-309, 315). Allied countries. IN ALLIED COUNTRIES 37 payment of the amount due to nationals of such gg^.W Allied or Associated Power with regard to : (i.) The property, rights, and interests situated in German [Austrian, Hungarian, or Bulgarian] territory and belonging to the nationals of such Allied or Associated Power ; (ii. ) The debts owing by Germans [Austrians, Hun- garians, or Bulgarians] to such nationals ; (iii.) The claims of such nationals for compensation under several Articles of the Treaty, and (iv.) The property, rights, and interests of the nationals of such Allied or Associated Power in the territories of other enemy Powers. But a German [Austrian, Hungarian, or Bulgarian] owning property, rights, or interests in the territory of any of the Allied or Associated Powers will nevertheless give notice of his claim thereto to the Government of his country, in order to enable such Government to satisfy itself, that such claim is well founded. Upon making good his claim, though such property, rights, or interests (or the proceeds of sale, if sold) may (and, no doubt, will) be retained by the Allied or Associated Power concerned, he will be entitled (in case of such retention) to require the Government of his country to compensate him in respect of the property, rights, or interests so retained or sold by the Allied or Associated Power. ^ Pursuant to the power conferred by § 4 of the Annex f^%l,fJZnoi to Section IV. of Part X. of the Treaties with Germany, fD^too'emZs '' witmn the Austria, and Hungary, and of Part IX. of the Treaty Eomitions with Bulgaria, on each of the Allied Powers, the British Government has by various Orders in Council charged all such property, rights, and interests belonging to Germans, Austrians, Hungarians, and Bulgarians a.s are withm 1 Article 297 (i) of Treaty with Germany ; Article 249 {j) of Treaty with Austria ; Article 232 (;) of Treaty with Hungary ; Article 177 0') of Treaty with Bulgaria. 38 ENEMY PROPERTY Sec"i' "^^^ Majesty's Dominions or Protectorates (as defined and limited by § 3 of the Orders in Council) and the net proceeds of their sale or liquidation with payment of the amounts due to British subjects with regard to— (a) Their property, rights, and interests in Germany [Austria, Hungary, or Bulgaria], {b) Debts owing to them by Germans [Austrians, Hungarians, or Bulgarians], (c) Compensation payable under Article 297 (e) of the Treaty with Germany [Article 249 (e) of the Treaty with Austria, or Article 232 {e) of the Treaty with Hungary, or Article 177 (e) of the Treaty with Bulgaria] by the German [Austrian, Hungarian, or Bulgarian] Government for acts committed by them or the German [Austrian, Hungarian, or Bulgarian] author- ities, and {d) Their property, rights, and interests in the terri- tory of the other enemy Powers. The above-mentioned Orders also provide that 7io person (which expression comprises neutrals as well as British subjects) shall, without the consent of the Custodian^ of enemy property, transfer, part with, or otherwise deal with the property, rights, or interests of a German [Austrian, Hungarian, or Bulgarian] within the British Dominions or Protectorates (as defined by Clause 3 of the Orders). They further require every person owning or having the control or management of any such property, rights, or interests belonging to a German [Austrian, Hungarian, or Bulgarian] to com- municate the fact to the Custodian and to furnish the ^ The Public Trustee is the .Custodian of enemy property in England and Wales. Separate Custodians of enemy property in Scotland and Ireland have been appointed by the Board of Trade. See Section I. of the Trading witli the Enemy Amendment Act, 1914 (5 Geo. V., cap. 12), IN ALLIED COUNTRIES 39 Custodian with such particulars as the Custodian may Ch. ii., require (unless these particulars have already been fur- nished to the Custodian in accordance with the directions of the Trading with the Enemy Acts, 1914 and 1918). Where the property of a German [Austrian, Hungarian, or Bulgarian] consists of inscribed or registered stock, shares, or securities, the company or other body, by whom such stock, shares, or securities were issued, or are managed, must, under the terms of the above-mentioned Order, enter the Custodian as the proprietor of the securities in the books, in which the securities are in- scribed or registered, and the Custodian has power (with the consent of the Board of Trade) to sell or otherwise deal with such securities. It follows from what has been stated above, that no debt, which was owing to a German [Austrian, Hun- garian, or Bulgarian] by a British subject, or by a neutral residing in Great Britain at the time of the coming into force of the Peace Treaty with Germany [Austria, Hungary, or Bulgaria], should be paid to such German [Austrian, Hungarian, or Bulgarian], and that no property, right, or interest, which is or are under the control or management of a British subject, or of a neutral residing in Great Britain, and which belongs to a German [Austrian, Hungarian, or Bulgarian], should be transferred to such German [Austrian, Hungarian, or Bulgarian]. By an Order in Council, dated January 22, 1920 ^^p;t'"*f,i^';,g. (called the E^ypt Treaty of Peace Order, 1920), the l^charg^Tn" ^ ^ O^ r J ^ y favour of British property, rights, and interests in Egypt belonging to ^^^^.^^^J^"'"'' German nationals, and the proceeds of the sale or liquida- tion of or other dealings with any such property, rights, and interests are charged : First, with payment of the amounts due in respect of claims of British nationals with regard 40 ENEMY PROPERTY ^^- ij- to their property, rights, and interests in German territory, and Secondly, with payment of the amounts due in respect of their property, rights, and interests in Austria, Hungary, Bulgaria, and Turkey, in so far as those claims are not otherwise satisfied. The Order further provides that claims of and debts ' owing to British nationals, resident or carrying on business in Egypt, shall enjoy priority over claims of or debts owing to other British claimants (London Gazette, dated February 3, 1920, No. 31,7G5).' The above Order is amended by a further Order in Council of March 25, 1920, No. 650, which provides that Egyptian nationals, resident or carrying on business in Egypt, shall share in the benefit of the Order of January 22, 1920, provided that such Egyptian nationals were treated by the German Government as enemies, and that their property was subjected by the German Government to exceptional war measures. Knfmr Under the Trading with the Enemy Acts, 1914 to Acts 1914 to 1918. 1918, enemy property in the United Kingdom has become vested in, or come under the control of, the Custodian. Most businesses in the United Kingdom belonging to "enemies" (i.e., persons or bodies of persons resident or carrying on business in a country, with which Great Britain is for the time being at war) have been or are being wound up under 5 and 6 Geo. V., cap. 105. Un- secured debts owing by such businesses to creditors, who are not " enemies," rank in priority to unsecured creditors, who are (i.e., were at the date of the winding-up order) "enemies."^ ^ By another Order in Council called the E^cypt (Treaty of Peace, Austria) Order, 1920, dated October 13, 1920, No. 2,082, the property of Austrian nationals situated in Egypt is charged with piiyment of the amounts due to British nationals. 2 Re Deutsche Bank, London Agenei/, W.N. [1921], p. 128; 5 and 6 Geo. V., cap. lOf., sec. 1 (3). CHAPTER HI. Clearing Offices for Settling and Collecting Enemy Debts and Pecuniary Obligations of Enemy Governments. The debts owing by a national (and the sums payable Ch. iii. , f, ... ^ 1 1 1 /-^ j_\/» General effect of in respect ot securities issued by the (jrovernment) oi one section m. of ^ "^ ^ ' Part X. of the of the Contracting Powers to a national of one of the petce wifh oer- Opposins: Powers form (as has been stated above) part of and Hungary, ' ir ^ \ ^ I r and of Part IX. the private property, rights, and interests of the person, g Jgaru. ^^^^^ to whom such debts and sums are owing, and are accord- ingly subject to the provisions of Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty v/ith Bulgaria.^ Section HI. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria, though headed " Debts," does not deal comprehensively with the whole subject of the debts owing by the nationals and the Government of one Power to the nationals of an Opposing Power, but merely provides for the establishment (at the option of each of the Allied and Associated Pow^ers)^ of Clearing Offices, ^ § 14 of the Annexes to Section IV. of those Treaties, 2 The Government of Great Britain has exercised this option, and has estab- lished a Clearing Office for collecting debts owing by and to German and Austrian nationals (see § 1 (i.) of the Treaty of Peace Order, 1919, and § 1 (i.) of the Treaty of Peace (Austria) Order, 1920. See infra, pp. 306 and 315). The claims of the nationals of all the self-governing Dominions, Colonies, and Protectorates of the British Empire (other than Egypt and South Africa), are cleared through the Central Clearing Office in London. When the ratifications of the Treaty with Hungary have been deposited in Paris, a Clearing Office between Great Britain and Hungary will, no doubt, be established by an Order in Council similar to the Treaty of Peace (Austria) Order, 1920. No Clearing Office between Great Britain and Bulgaria has been established, but the Treaty of Peace (Bulgaria) Order, 1920, provides for the appointment of an Administrator of Bulgarian Property, who has precisely the same powers as the Administrator of Austrian Property under Section I. (x.) of the Treaty of Peace (Austria) Order, 1920 (see infra, pp. 315-317). 41 42 CLEARING OFFICES Ch. III. whereby an elaborate machinery may be set up in the territory of such AlHed or Associated Power, and in Germany (Austria, Hungary, and Bulgaria) for : SSoffices. I- The collection and payment of— {(i) Debts (whether secured by debentures or obligations, or otherwise, or unsecured) which are due to a national of one of the Contract- ing Powers residing within its territory by a national of an Opposing Power residing within its territory and (i.) Which were payable hefore the war, or (ii.) Which became payable during the war, and arose out of transactions or con- tracts, of which the total or partial execution was suspended owing to the war. {b) The capital or interest, which accrued due before or during the war to a national of one of the Contracting Powers in respect of Government securities issued or taken over by an Opposing Power, provided that the pay- ment of such capital or interest to nationals of that Opposing Power, or to neutrals, has not been suspended during the war.^ (c) The sums, which are payable in respect of pecuniary obligations existing between enemies, and resulting from the issue of pre-war negotiable instruments.^ II. The disposal of the proceeds of the sale or liquida- tion of such enemy property, rights, and interests as have been liquidated by the Contracting Powers pursuant to ^ Article 296 of Treaty with Germany ; Article 248 of Treaty with Austria ; Article 231 of Treaty with Hungary ; Article 176 of Treaty with Bulgaria. 2 § 6 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. CLEARINa OFFICES 43 the provisions contained in Section IV. and the Annex ch. iii. thereto/ III. The arrangement and negotiation of private agreements to secure compensation for the nationals of an Allied or Associated Power in cases, in which such nationals have suffered injury or damage by reason of their property having been subjected to any exceptional war measure or measure of transfer in enemy territory and restitution of such property is impossible.^ The chief advantages gained by setting up Clearing fe*ttrinS:.tf through OfiSces are as follows: clearing offices. (a) This method of collecting the debts avoids the endless delays and the midtiplication of legal pro- ceedings, which would be unavoidable, if the creditors had to proceed in the ordinary way to recover the debts owing to them. {h) This method of collecting the debts owing by nationals of an Allied or Associated Power residing in its territory to enemies residing in enemy territory places such debts under the control of such Allied or Associated Power, and enables such Power to retain and give an effectual charge on such debts for the benefit of such of the nationals of that Power as have unsatisfied claims against the nationals or Government of an enemy Power.^ (c) The Governments of the contracting Powers, which establish Clearing Offices, are respectively made responsible for the payment of the debts recover- able through Clearing Offices from their nationals residing in their territory except in cases in which : 1 Article 296 of Treaty with Germany ; Article 248 of Treaty with Austria ; Article 231 of Treaty with Hungary ; Article 176 of Treaty with Bulgaria. 2 Article 297 (/) of Treaty with Germany ; Article 249 (/) of Treaty with Austria ; Article 232 (/) of Treaty with Hungary ; Article 177 {/) of Treaty with Bulgaria. 3 § 4 of the Annexes to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 44 CLEARING OFFICES cii- in. (i/) Xhe debtor was before the war in a state of bankruptcy or failure, or had before the war filed a declaration of insolvency, or (ii.) The debtor was a company, whose business has been liquidated during the war under emergency legislation, or (iii.) The debt was at the date of the outbreak of the war barred by the laws of prescription in force in the country of the debtor.^ It may here be stated, that it is because of the re- sponsibility thrown by the Treaties on the Governments of the Contracting Powers to pay such debts of their nationals as are settled through the Clearing Offices, that strenuous opposition to claims made through Clearing Offices must, wherever such opposition is possible, be expected on the part of Germany and the other Powers, whose nationals are bound under the Peace Treaties to pay their debts at the pre-war rate of exchange ; for the currencies of these Powers have depreciated to an extent, which would have been inconceivable before the war, and it follows as a natural result of that depreciation that many nationals of those Powers will be unable to pay their debts, and that the Government guarantee will in many cases mean an irrecoverable loss to the Government concerned. Except in the case of debts recoverable through Clear- ing Offices there is not any provision in the Peace Treaties throwing on the Governments of the Contracting Powers the responsibility for discharging the debts of their nationals. ^coverabie'^^^'" There are (as has been already stated) two classes of Clearing Offices, pecuuiary obligations, which are settled through Clearing Offices (namely) : (a) Capital sums and interest, which accrued c?we before 1 Article 296 (b) of Treaty with Germany ; Article 248 {h) of Treaty with Austria; Article 231 {b) of Treaty with Huugary ; Article 176 (b) of Treaty with Bulgaria; § 4 of the Annexes to the above Articles. CLEARING OFFICES 45 or during the war by the Government of one of the ch. in. Contracting Powers in respect of securities issued or taken over by such Power to nationals of an Opposing Power (provided that the payment of the capital sums or interest on such securities to the nationals of the Power, which issued such securities, or to neutrals, has not been suspended during the war), and {h) " Debts,'' which are due by a national of one of the Contracting Powers residing within its territory to a national of an Opposing Power residing within the territory of the Opposing Power and which became payable — (i.) Before the war, or, (ii. ) During the war and arose out of transactions or contracts, of which the total or partial execution was suspended on account of the declaration of war. As will be seen, on referring to the comments on ^g^^^^^^*^^^'^,!^ Article 296 of the Treaty with Germany, the exact ckariug office. meaning of the term " debts " within the meaning of that Article and the Annex thereto (and in the corre- sponding Articles in the Treaties with Austria, Hungary, and Bulgaria) is open to considerable doubt ; but the term must, it is submitted, be intended to be confined to debts of liquidated amounts on the following grounds (namely) : First, because the " debts " contemplated must be "payable" before or during the war (and a sum, the amount of which could not be ascertained during the war, cannot be said to have become " payable " during the war), and Secondly, because no machinery is provided by Section III. of the Treaties, by which the Clearing Office can ascertain the amount of a claim 46 CLEAEING OFFICES Ch. III. for an unliquidated sum by taking the necessary oral or other evidence. It should further be noted, that the Clearing Offices only deal with debts arising out of contracts entered into hefore the commencement of the war ; debts arising out of contracts entered into after that date are not settled through the Clearing Offices. Debts, which were not barred at the outbreak of the war, will not be treated as barred by prescription for a period of at least three months after the date of the coming into force of the Treaty, as all periods of prescrip- tion or limitation of right of action (whether they began to run before or after the outbreak of the war) are under the terms of the Treaties to be treated as having been suspended for the duration of the war and a further period of at least three months after such date.^ A capital sum secured by a bond or debenture (issued by a Government or by a company) is not " payable " and is accordingly not a " debt," which is recoverable through the Clearing Offices, unless the bond or debenture has matured hefore or during the war. ^iTre"co7er° In Order that a debt should be recoverable through cicaring°office. the Clearing Office, both the debtor and the creditor must be nationals of one of the Contracting Powers {i.e., in the case of a company, each company will, it is presumed, be a " national " of a Power, if it is formed in accordance with the law of such Power so as to con- stitute a separate person or legal entity distinct from its members) and must at the date of the ratification of the Treaty have been respectively resident in the territory of the Power, of which they were nationals. When it is j^roposed to claim through a Clearing Office payment of a debt, which is owing jointly to or by several partners, one or more of whom is or are not a 1 Article 300 (a) of Treaty with Germany ; Article 252 (a) of Treaty with Austria; Article 235 (a) of Treaty with Hungary ; Article 183 (a) of Treaty with Bulgaria. CLEARING OFFICES 47 national or nationals of any of the Contracting Powers, Ch. iii. the Clearing Office should be consulted for the purpose of obtaining instructions from such Office as to how the claim should be dealt with and completed. Provided that the conditions specified in Article 29 G of the Treaty with Germany and the corresponding Articles in the other Treaties as to the nationality and residence are complied with, the person or persons entitled to a debt recoverable through the Clearing Office is or are entitled to settle his or their claim through such Office, even though he or they holds or hold such debt as a trustee or trustees for other persons (whether such other persons comply with such conditions or not). If, on the other hand, any one of several persons, who jointly hold such a debt, is not a national of one of the Contracting Powers or did not reside in the territory of one of such Powers at the time of the coming into force of the Peace Treaty, the debt will not, it is submitted, be recover- able by them through the Clearing Office, even though all the persons beneficially entitled to the debt are nationals of a Contracting Power and reside within its territory. It has been held by Ptussell J. in the case of Re H. A. Ingush courts J ^ ^ -f.^/ j_. , ^j.. have no juris- Nierhaus, An Enemif that the English Courts have been JllmeVt^debl , . ^ „,...-. . which is recover- deprived oi their jurisdiction to make an order for the cilarin^offlce payment of any debt, which is recoverable through the Clearing Office. It is proposed to examine in the following pages : {a) What steps should be taken (whether by a national of an Allied or Associated Power or by a German, Austrian, Hungarian, or Bul- garian) for the purpose of settling a debt through the intervention of a Clearing Office ; 1 [1920] W.N., 131; 36 Times L.R., 425 ; 149 L.T.R., 233; 55 L.J.. 134. The Tribnnal de Commerce and the Court of Appeal in Paris have likewise held that those Courts have no jurisdiction to deal with claims which are enforceable through the French Clearing Office (see Louis Levy c. Mayer et Schmidt; Mcylein c. Wadchj Recueil des Decisions des Trib. Arb. Mixtes, No. 1, pp. 76-77). 48 CLEARING OFFICES ch. III. (/;) What are the rights of a national of an Allied or Associated Power in respect of a debt owing to him by a German, Austrian, Hun- garian, or Bulgarian, and settled through a Clearing Office, and (c) What are the rights of a German, Austrian, Hungarian, or Bulgarian in respect of a debt owing to him by a national of an Allied or Associated Power and settled through a Clearing Office. taken for The followino^ steps will be taken (pursuant to the recovery of _ _ . . , thr<^gh^^* provisions contained in Section IH. of Part X. of the earing e. 'j'pgg^.|.-gg ^[i\^ Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria) for the purpose of making a claim through a Clearing Office : given by credi- I. The crcditor will give formal notice of his claim tor to Creditor , , Clearing Office, ^q ^^g Clearing Office of his country (hereafter called " the Creditor Clearing Office ") within six months of its establishment, and will furnish such Office with any documents and information required of him. Tdoptfd bV" ^^ British subjects wishing to recover through the fo" the re'S'very Central Clearing Office in London a debt owing to them of debt owing throu™" ^y Germans [Austrians or Hungarians] should apply to Clearing Office, ^j_^^ Controller of the Clearing Office (Enemy debts)^ at Cornwall House, Stamford Street, E.C.I, for a form of statutory declaration, which the above-mentioned Office almost invariably requires claimants to make in support of their claims, before such Office wdll notify the claim to the Debtor Clearing Office in Germany. In reply to their application the claimants will receive a form of statutory declaration with a number of blanks to be filled in by the claimants. ^ The official at the head of the Clearing Office established for the collection of debts owing by Austrians and Hungarians to British nationals and vice versa is called the "Administrator" instead of the " Controller." The steps taken in both cases are the same. CLEARING OFFICES 49 As regards the amount of information, which the Ch. m. Clearing Office in London has required a claimant to furnish before it would consent to notify his claim to the enemy Clearing Office, no general rules applicable in every case have been laid down ; but it may be stated broadly, that the details of the transaction or contract, out of which the debt claimed arose, were required to be sufficiently specific to enable the debtor in Germany, [Austria or Hungary] to identify the claim set up against him, and thus to place such debtor in a position to admit such a debt (if he could not dispute it), or to indicate the grounds, on which he did not admit it (if he in- tended to contest it). It should here be stated that, if a British subject (residing in Great Britain), who has given notice to the Clearing Office in London of a debt owing to him by a German, himself owes a debt to another German, such British subject (though not strictly entitled as against the Controller to "set off" the debt claimed by him against the debt owing by him) will not, up to the amount of the debt claimed by him, be required by the Controller of the Clearing Office in London to make immediate payment of his debt, provided that such British subject — (a) Forwards to the Controller a written admission of the debt owing by him (the claimant), (b) Forwards to the Controller a proof of his claim against the German debtor, and (c) Gives to the Controller an undertaking (in the event of such proof not being admitted in full) to pay to the Controller the amount of such debt admitted by him (the British subject) together with interest thereon at the rate of 5 per cent, per annum (see Times, January 31, 1920). 50 CLEARING OFFICES Ch. III. A national of Egypt residing in Egypt, and a national of South Africa, will make their claims through the inde- pendent Clearing Offices, which have respectively been through of South Africa, will make their claims throus^h the inde- ClearingiOffice ^ of claims of nationals of against established by these Dependencies. Nationals of the Germans. "^ ■*■ other self-governing Dominions, Colonies, and Protec- torates of the British Empire will lodge their claims with the local branch Clearing Offices^ of the Dependency, in whose territory they reside, but their claims will be cleared through the Central Clearing Office at Cornwall House, Stamford Street, London. notifiid'by II- If the "debt," of which notice is given by the Clearing Office Creditor to the Creditor Clearing; Office, is properly sub- to Debtor * ' 1 r ./ Eif.^'^gp'^"^-. stantiated, such Clearing Office (being bound by §5 of the Annex to Section III. to " notify the Debtor Clearing Office of all debts declared to it ") will notify such claim to the Debtor Clearing Office. If, on the other hand, the claim, of which notice is given to the Creditor Clearing Office, is not a "debt" within the meaning of the Treaty, or is not sufficiently substantiated, the Office has power under § 25 of the Annex to Section HI. to decline to notify the claim to the Debtor Clearino; Office. In that case the claimant will be entitled to prosecute his claim before the Courts, or to take such other proceedings as may be open to him under his ordinary rights. o"nmi*^^im1s°" III- Upon receiving such notification of a debt from cTeariZg Office the Creditor Clearing Office, the Debtor Clearinp; Office of debt notified . . . . . will communicate with the debtor and will, upon hearing from the debtor, inform the Creditor Clearing Office whether and to what extent the debt is admitted, and will give the grounds for the non-admission, where the debt is contested in part or in whole (§ 5 of Annex to Section III.). 1 The Indian Local Clearing Office has been established by the India Treaty of Peace Order, 1920. to it. CLEARING OFFICES 51 IV. If and so far as the debt is admitted, the Debtor ch. iii. Clearinsr Office will (even thoug-h itself unable to recover muted is O \ O credited to the debt) credit the Creditor Clearing Office with the cLSg omce. amount not contested (in the currency of the country of the creditor and, if the creditor is a national of an Allied or Associated Power, at the pre-war rate of exchange), and will notify the Creditor Clearing Office of such credit (§§ 6, 14 of Annex to Section III.). V. Where the debt is contested in whole or in part, '^- Joint exami. ■•■ nation of dis- the two Clearing Offices will examine into the matter both'ckariij jointly (the discussions taking place, so far as possible, at the Debtor Clearing Office, and the ^Creditor Clearing Office being represented by a duly authorised representa- tive), and will endeavour to bring the creditor and debtor to an agreement (§§ 8, 12, 13 of Annex to Section III.). VI. The sum credited by the Debtor Clearing Office to vi. how funds "^ ° . paid by the the Creditor Clearing Office will be paid by the Creditor ciearTng^offi^ce Clearing Office to the creditor, if he is a national of a?!^'"'' eat wit . Allied or Associated Power, out of the funds placed at the disposal of the Creditor Clearing Office by the Govern- ment of its country, after deducting from such sum a commission (to be fixed by the Creditor Clearing Office, and not exceeding 2^ per cent, of the amount payable), which commission is intended to cover the risks and expenses of the Creditor Clearing Office (§ 9 of Annex to Section III.). If the creditor is not a national of an Allied or Associ- ated Power {i.e., if he is a German, Austrian, Hungarian, or Bulgarian), the sum credited by the Debtor Clearing Office to the Creditor Clearing Office in respect of the debt owing to such creditor will not he paid to the Creditor Clearing Office, but will he retained hy the Dehtov Clearing Office until complete payment shall have been effected of the sums due to the Allied and Associated Powers and their respective nationals on account of the war (§ 11 of Annex to Section III.). But in such a case 52 CLEAEING OFFICES ^^- "^ . the creditor will be entitled to be compensated by the Government of his country in respect of the sum retained by the Debtor Clearing Office.^ of"differciK?s^°s yil. Any difference arising between the Debtor and fmo'Jnt'of debt! Creditor Clearing Offices, or between the enemy debtor and enemy creditor as to the existence or the amount of the debt claimed will be referred {a) to arbitration by agreement, or (b) to the Mixed Arbitral Tribunal, or will (at the request of the Creditor Clearing Office) be sub- mitted to the jurisdiction of the Court of the place of domicile of the debtor. The sums found by any one of such tribunals to be due will be treated as debts admitted by the Debtor Clearing Office, and will be recovered through the Clearing Offices (§§ 16 and 17 of Annex to Section III.). yiii. Cases laid VIII. Each CleariuG^ Office will lay its cases before before Mixed O "' b^nar^ '^"' the Mixed Arbitral Tribunal through an agent appointed by its Government to conduct the same. The decisions of the Mixed Arbitral Tribunal on claims notified to the Clearing Offices will generally be arrived at on docu- mentary evidence, but it will be open to that Tribunal to hear the parties in person, or their representatives, or the agent of the Clearing Office (§ 18 of Annex to Sec- tion III.). The decisions of the Mixed Arbitral Tribunal are final (§ 24 of Annex to Section III.). For particulars as to proceedings before the Anglo-German Mixed Arbitral Tribunal in London, see i?ifra, Chapter VL, Section VI., pp. 108-110, and Appendix IV., pp. 324-337. cuinmn^whuse IX. If the ckim of a creditor is held either by {a) the within"" Creditor and Debtor Clearino^ Offices, or (b) the Mixed Section III. ^ ^ ^ of Treaty." Arbitral Tribunal not to fall within Section III., the creditor will not be able to avail himself of the machinery of the Clearing Office for enforcing his claim, but will 1 Article 297 (i) of Treaty with Germauy; Article 249 (j) of Treaty with Austria; Article 232 (,/) of Treaty with Hungary; Article 177 (j) of Treaty with Bulfraria. CLEARING OFFICES 53 have to take proceedings in the Courts, which are open ^^- i^i- to him independently of the Treaty (§ 23 of Annex to Section III.). Where notice of a " debt " is given by the creditor fgfh*st de^^^^^ to the Creditor Clearing Office, and is supported by clearing omccs ^ in respect of sufficient evidence, the Office would appear to be bound ^"^"'y debts. to notify such debt to the Debtor Clearing Office. But, if the person claiming to be a creditor gives notice of a claim, which does not amount to a " debt " within the meaning of Section III., the Creditor Clearing Office would appear to have a discretion (from which there is no express right of appeal) to decline to notify such claim to the Debtor Clearing Office. If the Creditor Clearing Office notifies a claim to the Debtor Clearing Office : (a) The Creditor and Debtor Clearing Offices may jointly decide — (i.) That the claim does not fall within Section III., or (ii.) That the debt claimed is or is not due, or is due in part only. Against any of these decisions either of the parties may appeal to the Mixed Arbitral Tribunal.^ (b) The Creditor and Debtor Clearing Offices may be unable to agree whether the debt claimed is or is not due, or there may be differences between the creditor and debtor as to the debt. In these cases the dispute may be referred to — (i.) An Arbitrator by agreement, or (ii.) The Mixed Arbitral Tribunal, or ^ Au appeal from such a joint decision to the Anglo-German Mixed Arbitral Tribunal must be made within thirty days of the communication of the decision. (See m/ra, p. 324, Clause 1, of the Rules of Procedure of that Tribunal. See also on p. 330, Clause 22, of those Rules for the particulars of the claim to be lodged with the Tribunah) 54 CLEARING OFFICES c^- "I- (iii.) The Court of the domicile of the debtor (if the Creditor Clearing Office so requests). Ss^Iylbiriu "r^® person, who claims to be a creditor and whose debts'^ciaimeT^ debt is dlsputed in part or in whole, is required to pay to Clearing Offices, the Creditor Clearing Office, by way of fine (to be collected by that Office) interest at the rate of 5 per cent. (per annum) on the part not so admitted. The debtor, who unduly refuses to admit the whole or part of a debt claimed from him, will be required to pay, by way of fine (to be collected by the Debtor Clearing Office), interest at the rate of 5 per cent, (per annum) on the amount, which he has unduly refused to admit (§10 of Annex to Section III.). The above-mentioned interest (payable by way of fine in respect of a disputed debt) will run 2^^ from the expira- tion of a period of three months (or such longer period as the Creditor Clearing Office may have agreed to allow to the Debtor Clearing Office for giving notice of admission or rejection of debts) from the notijication of the debt to the Debtor Clearing Office until — (a) As regards the interest payable by the creditor, the date on which the debt has been disallowed^ and ih) As regards the interest payable by the debtor, the date on which the debt has been paid. But the above-mentioned interest will only be claimed if, upon the debtor contesting the claim and the parties having failed with the assistance of both of the Clearing Offices to come to an agreement with reference to the dispute, the creditor determines to bring his case before the Mixed Arbitral Tribunal for adjudication. The person appealing against a joint decision of the Creditor and Debtor Clearing Offices must make a deposit against costs or give security for costs, which will only be refunded in whole or in part in proportion to the success of his appeal. In case of such a refund, his opponent CLEARING OFFICES 55 (the respondent) will be required to pay an equivalent ^^' "'• proportion of the costs of the appeal (§ 20 of Annex to Section III.). A fee of 5 pe?^ cent, of the amount in dispute (in addition to the above-mentioned deposit) will be charged in respect of all cases brought before the Mixed Arbitral Tribunal. This fee will be paid by the unsuccessful party. The Mixed Arbitral Tribunal may award to one of the parties a sum in respect of the expenses of the pro- ceedings (§ 20 of Annex to Section III.). The position of a national of an Allied or Associated natk-naH^f^^"^ Power, to whom a sum recoverable through a Clearing enemy debt r~^nrt . . , , , claimed through Omce IS ownig [a) by a national of an Opposing Power ^•^'^''^^ ^®°^- (i.e., Germany, Austria, Hungary, or Bulgaria) residing in the territory of such Opposing Power, or (/>) by the Government of such Opposing Power, may be summarised as follows : (1) In the absence of any express agreement to the contrary, such sum is payable in the currency of the Power, of which the creditor is a national, at the pre-war rate of exchange.^ The rate of exchange fixed by the Controller of the Clearing Office as between nationals of Great Britain and Germans is 20*5075 marks (i.e., 20 marks and 5 Of pfennigs) for every £1.^ (2) In the absence of any contract, law, or custom to the contrary, such sum carries interest at the rate of 5 per cent, per annum from the commence- ment of hostilities (or, if the sum became payable during the war, from the date at which it became payable) until the sum is credited to the Creditor Clearing Ofiice (§ 22 of Annex to Section III.). 1 Article 296 {d) of Treaty with Germany ; Article 248 {d) of Treaty with Austria ; Article 231 {d) of Treaty with Hungary; Article 176 {d) of Treaty with Bulgaria. 2 The rate of exchange as between nationals of Great Britain and Austrians (or Hungarians) is 24,236 kronen [i.e., 24 kronen and 23f heller) for every £1, and as between nationals of Great Britain and Bulgaria is 31-5 leva for every £1. 56 CLEARING OFFICES Ch.iu. (3) Such sum, together with the interest thereon, admitted or adjudged to be owing to the creditor, will be credited by the Debtor Clearing Office to the Creditor Clearing Office (§§ 6, 22 of Annex to Sec- tion III.), and will be paid by the Creditor Clearing Office to the creditor after deductincf therefrom 2^ per cent, (to cover the risks and expenses of the Clearing Office), which will be retained by the Creditor Clearing Office (§ 9 of Annex to Section III.). (4) The Government of the Power, of which the debtor is a national, is re.<^ponsible for and guarantees the payment of the sum owing by such debtor, unless the debt was barred at the date of the outbreak of the war, or unless the debtor was at that date bankrupt or insolvent or had made a formal declaration of inability to pay his debts, or unless the debtor, being a company, has been liquidated under emergency legislation during the war.^ (5) Such sum with interest thereon may be secured by a charge (created by the Allied Associated Power, of which the creditor is a national) on the property, rights, and interests of the nationals of the Opposing Power within the territory of the creditor's country,^ Rights of The position of a national of Germany, Austria, German, ■*■ •' hudSd, or Hungary, or Bulgaria, to whom a sum recoverable through respect of enemy a Clearing; Office is owing- {a) by a national of an Allied debt claimed ° ... aSg Office. ^^ Associated Power residing in the territory of such Allied or Associated Power or (/>) by the Government of such last-mentioned Power in respect of securities issued 1 Article 296 {b) of Treaty with Germany ; Article 248 {h) of Treaty with Austria; Article 251 (6) of Treaty with Hungary; Article 176 (i) of Treaty with Bulgaria; § 4 of Annex to Section III. of these Treaties. ^ § 4 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. CLEARING OFFICES 57 or taken over by such Power, may be summarised as ^^- ^"• follows : (1) Such sum is payable in the currency and at the rate of exchange agreed upon expressly or by implication.^ (2) In the absence of any contract, law, or custom to the contrary, such sum carries interest at the rate of 5 per cent, per annum from the commencement of hostilities (or, if the sum became payable during the war, from the date at which it became payable) until the sum is credited to the German [or Austrian, Hungarian, or Bulgarian] Clearing Office (§ 22 of Annex to Section III.). (3) Such sum and interest thereon will be paid by the debtor to the Debtor Clearing Ojjice and will, though credited to the German [Austrian, Hungarian, or Bulgarian] Clearing Office, be retained by the Debto7' Clearing Office, until complete payment shall have been effected of the sums due to the Allied and Associated Powers and their nationals on account of the war (§11 of the Annex to Section III). (4) The creditor is entitled to recover compensation from his Government in respect of the sum so retained by the Debtor Clearing Office.^ As has been stated in the last chapter, debts owing prsonlr^eLmg . ^-p . "r> 1 ' i^i ^^^y part of to Germans, Austrians, Hungarians, or 13ulgarians on the British " <^ Empire who the date, on which the Peace Treaties with their re- °-«^\^^^^ts *« spective countries came into force, by any person what- soever (whether a British subject or not) residing in Great Britain or in any part of His Majesty's Dominions 1 Article 296 {d) of Treaty with Germany; Article 248 {d) of Treaty with Austria; Article 231 {d) of Treaty with Hungary; Article 176 {d) of Treaty with Bulgaria. 2 Article 297 (i) of Treaty with Germany; Article 249 (j) of Treaty with Austria ; Article 232 (j) of Treaty with Hungary ; Ai-ticle 1 77 (j) of Treaty with Bulgaria. 58 CLEARING OFFICES Ch. III. QY Protectorates, are by several Orders in Council^ charged with payment of the amounts due in respect of any claims by British subjects (a) in respect of their property, rights, and interests in Germany [Austria, Hungary, or Bulgaria] or any of the other enemy countries, and {h) against German [Austrian, Hungarian, or Bulgarian] nationals and the German [Austrian, Hungarian, or Bulgarian] Government. The effect of those Orders is to prohibit the payment of such a debt by any person residing in any part of His Majesty's Dominions or Protectorates to a German, Austrian, Hungarian, or Bulgarian (whether he resides in Great Britain or elsewhere) and to impose on the person owing such sum the duty, if he has not already made a return of the particulars thereof to the Public Trustee as the Custodian of Enemy Property appointed under the Trading with the Enemy (Amendment) Act, 1914, to communicate the particulars of the debt to the Custodian without delay. The Controller of the Clearing Office (or, according to the circumstances of the case, the Administrator of the Austrian or Bulgarian Claims Department) will, on receiving these particulars, send a notice to the debtor requiring the debtor to pay to the Controller (or the Administrator) the debt with such interest as is payable for the same, and, upon such payment being made, interest on the debt will cease to run. 1 § 1 (xvi.) Treaty of Teace Order, 1919; § 1 (ix.) Treaty of Peace (Austria) Order, 1920 ; § 1 (i.) Treaty of Peace (Bulgaria) Order, 1920. CHAPTER IV. Industrial, Literary, and Artistic Property. The expression "industrial property" is used in these ch.iv. Treaties in the same sense, in which it is used in the "industrial property." International Convention of Paris of March 20, 1883, as revised at Washington on June 2, 1911 (see infra, pp. 371, 376-377), and comprises the advantages granted by the Legislature of each party to the Convention in respect of patents, industrial designs, or models, trade marks, trade names, and industrial, agricultural, and mineral products. The expression " literary and artistic property " "mei"fy°and , , . artistic (generally called copyright) is used m the same sense, m property.- which it is used in the International Convention of Berne of September 9, 1886, as amended by the revised Berlin Convention of 1908 (see infra, p. 380), and com- prises the advantages granted by the Legislature of each party to the Convention in respect of every production in the literary, scientific, or artistic domain, which can be published by any mode of impression or reproduction. The rights of industrial, literary, or artistic property are in the nature of monopolies granted to the inventors or originators of certain compositions, productions, and articles, and are dealt with separately by Section VII. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. At the time of the outbreak of the wars with Germany ferSm/con- and Austria-Hung-ary, provision was made by the Inter- isss, as revised c3 •/ ' i- •' m Washington national Convention of Paris of March 20, 1883 (as j'^i'^^^^p^Lf " revised at Washinofton on June 2, 1911), for the pro- between imed ~ ' ' J. Powers, on the tection of the industrial property belonging to the sub- 59 one hand, and 60 INDUSTRIAL AND LITERARY PROPERTY Ch IV. jects or citizens of the following Powers, all of which had Austria, and becoine Dartics to such Convention — viz., Great Britain Hungary on the A other hand. (including New Zealand, Ceylon, and Tobago), Germany, Austria-Hungary, the Dominican Ilepublic, Spain, the United States, France and Tunis, Italy, Japan, Mexico, Norway, Holland, Portugal, and Switzerland. Under this Convention the citizens or subjects of each of these Powers were entitled to the same advantages, protection, and rights as were by the respective laws of each of such Powers granted, or should be granted, to its own sub- jects or citizens, provided that they observed the formali- ties and conditions imposed on subjects or citizens by the internal legislation of each State. (The full text of the Convention of Paris, as revised at Washington in 1911, is set out in Appendix X. See infra, pp. 370-378.) In so far as it is not affected or modified by the Peace Treaties with Germany, Austria, and Hungary, the above-mentioned International Convention of Paris (as revised in Washington) is re-established and restored by Articles 286 and 306 of the Treaty with Germany, Articles 237 and 258 of the Treaty with Austria, and Articles 220 and 241 of the Treaty with Hungary, as from the dates, on which these Peace Treaties respectively came into force. Beriuf conven- At the time of the outbreak of the war with Germany tion of 1008 . , T n -i ' n ^' i (protecting provisiou was made lor the protection ot literary and literary and ■•• l ^ property) as artlstic property by the International Convention of Powers and Bcme of September 9, 1886 (as revised at Berlin on Germany. ^ ^ November 13, 1908, by a Convention called the Berlin Convention of 1908, and completed by an additional Protocol signed at Berne on March 20, 1914). The full text of the Berlin Convention of 1908 and of the above-mentioned Protocol is set out in Part XL of Appendix XII. (See infra, pp. 379-389.) In so far as the Berlin Convention of 1908 and the INDUSTRIAL AND LITERAEY PROPERTY 61 Protocol of 1914 are not modified by the Peace Treaty c^- 1"^- with Germany, Ai'ticles 286 and 306 of this Treaty pro- vide that the Berlin Convention of 1908 (completed by the Protocol) "will again come into effect," and the rights of literary and artistic property be re-established or restored (as between such of the Allied and Associated Powers as were parties to or adhered to that Convention, on the one hand, and Germany, on the other hand), as from the coming into force of the Peace Treaty with Germany. Though it is not expressly so stated, it is submitted, ^^SBeme^ that the International Convention of Berne (as revised at witureserva- ^ tions. Berlin in 1908) is re-established and restored by the Peace Treaty with Germany, icith the reservations which were in force at the time of the outbreak of the war, that is to say : {a) As regards Great Britain : As regards works, luhich, at the time of the coming into force of the International Conven- tion of Berne, as revised in Berlin in 1908, had not yet fallen into the public domain in their country of origin, Great Britain is not bound by Article 18 of the Convention revised in Berlin in 1908, but is still bound by Article 14 of the Convention of Berne of 1886, and by Para- graph 4 of the Final Protocol of that Conven- tion of the same date, as amended by the Additional Act of Paris of May 4, 1896.^ (6) As regards France : As regards ivorks of art applied to industrial purposes, France and Tunis are bound by the stipulations of the former Conventions of the Union ({.e., the Berne Convention of 1886, as 1 See Declaration of June 14, 1912, ratifying the Convention revised in Berlin in 1908, made on behalf of Great Britain. 62 INDUSTRIAL AND LITERARY PROPERTY ch.iv. modified by the Additional Act of 189G) for the protection of literary and artistic works. ^ (c) As regards Italy : As regards translations and public performances of translations of dramatic or dramatico-musical ivorks, Italy still remains bound by the stipula- tions of the Berne Convention of 1886,^ as modified by the Additional Act of 189G. {d) As regards Japan : (i.) As regards the exclusive right of authors to make or authorise the translation of their works, Japan (in lieu of acceding to Article 8 of the Convention of Berlin, 1908) still remains bound by Article 5 of the Berne Convention of September 9, 1886, as modified by Article 1 (3) of the Additional Act signed at Paris May 4, 1896, and (ii.) As regards the public performance of musical works^ Japan (in lieu of acceding to Article 2 of the Convention of Berlin, 1908) still remains bound by the stipula- tions of Article 9, Paragraph 3, of the Berne Convention of September 9, 1886.^ The following Powers had at the time of the outbreak of the war with Germany ratified the International Con- vention of Berne, as revised at Berlin in 1908, namely : (1) Subject to reservations : Great Britain, France, Japan, and Norway. (2) Without reservation : Germany, Belgium, Holland, Spain, Switzerland, Haiti, Liberia, Denmark, Luxemburg, Monaco, and Tunis. 1 See the Declaration, dated June 30, 1910, made on behalf of France and Tunis and ratifying the Berne Convention as revised at Berlin in 1908. 2 See the Declaration dated September '23, 1914, and ratifying the Berlin Convention of 1908 on behalf of Italy. ^ See Clause 2 of tlie Protocol of Deposit of the ratifications of the Convention of Berlin dated June 9, 1910. (See infra, p. 387.) INDUSTRIAL AND LITERAEY PEOPERTY 63 Italy adhered to the Convention in September, Ch. iv. 1914. The gist of the Berne Convention, 188G, as revised ,?^d*B^erifncon- and completed by the Berlin Convention, 1908, isandwos.' to grant (without requiring the observance of any formality) : (a) To authors, who are subjects or citizens of any of the countries of the Union, constituted by the Convention, and {h) To authors, who, 7iot being subjects or citizens of any of such countries, jirst publish their works in one of those countries, a right to enjoy in countries of the Union other than in the country of origin for their literary or artistic works (whether unpublished or first published in a country of the Union), the same protection and rights as the respective laws of the countries of the Union do now, or may hereafter, grant to their natives, as well as the rights specially granted by these Conventions respectively. Austria-Hungary had not at the time of the outbreak nW^giry not of the war signed the International Convention of Berne, convention. or acceded to the Berlin Convention, 1908, but had entered into a separate Convention- with the United Kingdom, which proceeded on the same lines as the Berne Convention. Austria and Hungary have respectively undertaken Hungry under- by Article 239 of the Treatv with Austria, and by Berlin conven. Article 222 of the Treaty with Hungary, within twelve ute^y and months from the comine^ into force of those Treaties, to property untu " such adherence. adhere in the prescribed form to the International Con- vention of Berne (as revised by the Berlin Convention of 1908 and completed by the above-mentioned Protocol), and, until such adherence, to recognise and protect by effective measures and in accordance with the principles 64 INDUSTRIAL AND LITERARY PROPERTY Ch. IV. of that Convention the literary and artistic works of nationals of the Allied and Associated Powers. In addition to, and irrespective of, such adherence, Austria and Hungary have undertaken by those Articles to continue to assure such recognition and such protec- tion to all literary and artistic works of the nationals of each of the Allied and Associated Powers to an extent at least as great as upon July 28, 1914, and upon the same conditions. tekKVdhere' Bulgaria (which was not a party to the Internationa] International Conveutiou of Parls or Berne) has undertaken by Conventions of fortroTettfon of ^I'ticle 166 of the Treaty with Bulgaria : ifteraryrand (l) Wlthiu a period of twclve months from the artistic p^°p'''"*y- coming into force of that Treatv to adhere in the prescribed form to the above-mentioned Inter- national Convention of Paris of March 20, 1883(for the protection of industrial property), as revised at Washington on June 2, 1911, and the above- mentioned International Convention of Berne of September 9, 1886 (for the protection of literary and artistic works), as revised at Berlin on November 13, 1908, and the additional Protocol of Berne of March 20, 1914, and (2) Within the same period to recognise and protect by effective legislation, in accordance with the principles of the said Conventions, the industrial, literary, and artistic property of nationals of the Allied and Associated Powers. In addition to, and independently of, the obligations mentioned above, Bulgaria has by the same Article 166 undertaken to continue to assure such recognition and protection to all the industrial, literary, and artistic property of the nationals of each of the Allied and Asso- ciated States to an extent at least as great as upon July 28, 1914, and upon the same conditions. INDUSTKIAL AND LITERARY PROPERTY 65 Section 1. — Rights of Nationals of Allied and Associated Powers in respect of Industrial, Literary, and Artistic Property in Germany, Austria, Hungary, and Bulgaria. The rights of nationals of the Allied and Associated ^^^ ij''- • Powers with reo-ard to their industrial, literary, and Rights of AUied ^ ^ nationals as artistic property in Germany [Austria, Hungary, and auS,^' Bulgrarial under the Treaties are as follows : artistic' " -■ property in Ger- I. As from the coming into force of the Treaties, the m^lar^'and rights to the protection (a) of industrial property, as prc.warrights defined by the International Convention of Paris of such rights are •^ restored. March 20, 1883 (as revised at Washington on June 2, 1911), and (6) of literary and artistic property, as defined by the International Convention of Berne of September 9, 188(3 (as revised at Berlin on November 13, 1908, and completed by the additional Protocol signed at Berne on March 20, 1914), are, subject to the stipulations in the Peace Treaties, restored in the territories of the Con- tracting Powers in favour of the persons entitled to the benefit thereof at the time of the outbreak of the war, or the legal representatives of such persons/ II. Pvights which, except for the war, would have fpfc^o/ smt . . . / !• property arising been acqun-ed during: the war in consequence ia) oi an tiuring wai are I O I \ ' recognised. application made for the protection of industrial property, or (b) of the publication of a literary or artistic work, will be recognised and established as from the coming into force of the Treaty, in favour of the persons, who would have been entitled thereto.^ ^ Article 306 of the Treaty with Germany ; Article 258 of the Treatj' with Austria ; Article 241 of the Treaty with Hungary ; Article 190 of the Treaty with Bulgaria. 2 Article 306 of the Treaty with Germany ; Article 258 of the Treaty with Austria ; Article 241 of the Treaty with Hungary ; Article 190 of the Treaty with Bulgaria. 5 66 INDUSTRIAL AND LITERARY PROPERTY SecT' ^^^' ^^^^^^ produced by special measures taken by the Allied natiouai Germaii [Austrian, Hunararian, or Buloariani Govern- can recover ■- '^ o -i dliTed by war mciit ill I'espect of rights in industrial, literary, or artistic measures taken ,11 • i* i r aitt A in Germany propertv belonsfniir to nationals or an Aihed or Asso- [Austria, Hun- ^ , ^ "^ & fc> |arhi]*in Respect ciatcd Power ^vill be considei'ed and treated in the same of his industrial ,, ni, i f> /~i rAj_' property. Way as otuer debts due irom Crermans [Austrians, Hungarians, or Bulgarians]^ — that is to say, if Clearing Offices have been established, these sums will be credited to the Clearing Office of the country, of which the owner of such rights is a national ; if, on the other hand, no Clearing Office has been established, such sums will be paid either to the owner of such rights or to the Govern- ment of his country. i^ntitfertodme IV. A uatloual of au Allied or Associated Power, for compliance ,, .,., •/-< rAj_' with formalities ha vm 2: mdustrial property ni Germany Austria, for preserving '^ i i ./ ^ i_ property^' Huugary, Or Bulgaria], is entitled to a minimum of one year after the coming into force of the Treaty with Germany [Austria, Hungary, or Bulgaria], without ex- tension fees or other penalty, to comply with the for- malities and satisfy the obligations prescribed by the laws or regulations of Germany [Austria, Hungary, or Bulgaria], relating to the obtaining, preserving, or opposing rights to, or in respect of, such property either acquired before August 1, 1914 (in the case of Germany or Bulgaria), or before July 28, 1914 (in the case of Austria or Hungary), or which, except for the war, might have been acquired since that date.^ lapSightsin V. All Hghts of uatiouals of the Allied and Asso- property. ciated Powers in respect of industi'ial property in Germany [Austria, Hungary, or Bulgaria], which have lapsed by reason of failure to comply with any prescribed ^ Article 306 of the Treat}^ with Germany ; Article 258 of the Treaty with Austria; Article 241 of the Treaty with Hungary; Article 190 of the Treaty with Bulgaria. '^ Article 307 of the Treaty with Germany ; Article 259 of the Treaty with Austria; Article 242 of the Ti-eaty with Hungary; Article 191 of the Treaty with Bulgaria. INDUSTRIAL AND LITERARY PROPERTY 67 formality or to satisfy any law or regulation, are revived gg^^^'' by the Treaty.^ YI. The period of the duration of the war is to be peSTduL ,.,. .,. , . *1* 1*1 '"^"'^ °^ war. excluded m considering the time, within which a patent should be worked or a trade-mark or design be used.^ VII. Subject and without prejudice to any existing perioTo*f"on^joy. rio-hts of any person, who before the cominef into force of of priority fur o J i- ' o registration the Treaty with Germany or [with Austria or Hungary] natlonai'coS*^'' was bona fide in possession of adverse riHits, the rie^hts isss, as revised « ■■■ CI T) .^^ Washington of priority (obtained under Article IV. of the Inter- '" ^'^"• national Convention of Paris of March, 20, 1883, as revised at Washington in 1911, for the Protection of Industrial Property), for the filing or registration of applications for patents or models of utility, or for the registration of trade-marks, designs and models, which had not expired on August 1, 1914 (in the case of Germany), or on July 28, 1914 (in the case of Austria or Hungary), or those, which have arisen during the war or would have arisen but for the war, are required to be extended by each of the Contracting Powers in favour of all nationals of the other Contracting Powers for a period of six months after the coming into force of the Treaty.^ VIII. No action can be brought or claim made by a if^t to bring"^' national of any of the Allied or Associated Powers (other fringement of •^ ^ rights during than the United States of America), or by any person '''''^'■■ residing or carrying on business in the territory of any of such Powers : {a} By reason of any action, which has been taken in the territories of Germany [Austria, Hungary, or Bulgaria], during the period between the existence ^ Article 307 of the Treaty with Germany ; Article 259 of the Ti-eaty with Austria ; Article 242 of the Treaty with Hungary ; Article 191 of the Treaty with Bulgaria. - Article 307 of the Treaty with Germany; Article 2f)9 of the Treaty with Austria ; Article 242 of the Treaty with Hungary ; Article 191 of the Treaty with Bulgaria. 3 Article 308 of the Treaty with Germany; Article 260 of the Treaty with Austria; Article 243 of the Treaty with Hungary. 68 INDUSTEIAL AND LITERARY PROPERTY Ch. IV.. Sec. I. Licence in re- spect of such property granted by Ger- man [Austrian, Hungarian, or Bulgarian] to Allied national treated as can- celled as from declaration of Right to new licence. of a state of war and the cominof into force of the Treaty with Germany [Austria, Hungary, or Bulgaria], and which might constitute an in- fringement of his rights of industrial, literary, or artistic property, or {/>) For infringement of such rights in respect of the sale or offering for sale, for a joeriod of one year after the signature of the Treaty with Germany [Austria, Hungary, or Bulgaria] in the territories of Germany [Austria, Hungary, or Bulgaria], of products or articles manufactured, or of literary or artistic works published during the period between the declaration of war and the signature of the Treaty.^ IX. A licence granted by a German [Austrian, Hungarian, or Bulgarian] to a national of any of the Allied or Associated Powers (other than the United States of America) or to a person, who resided or carried on business in the territory of such Allied or Associated Power, in respect of any industrial, literary, or artistic property, is treated as cancelled from the date of the declaration of war or the existence of a state of war between Germany [or Austria, Hungary, or Bulgaria], and the Allied or Associated Power concerned. But the national of such Allied or Associated Power, whose licence is treated as cancelled under the Treaty, is entitled within six months after the coming into force of the Treaty to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, will be fixed in the manner provided by the Treaty.^ 1 Article 309 of the Treaty with Genuauy ; Article 26 1 of the Treaty with Austria ; Article 244 of the Treaty with Hungary ; Article 192 of the Treaty with Bulgaria. - Article 310 of the Treaty with Germany; Article 262 of the Treaty with Austria ; Article 245 of the Treaty with Hungary ; Article 193 of the Treaty with Biilgaria. As to applications for new licences in respect of enemy-owned British copyrights and patents, see infra, pj). 353-354 and 366-367. INDUSTEIAL AND LITERARY PROPERTY 69 Section II. — Eights of German [Austrian, Hun- garian, OR Bulgarian] Rational in respect of Industriai,, Literary, and Artistic Property in the Territories of the Allied and Associated Powers. The legal position of a German [Austrian, Hungarian, ^^^ ^^•' or Bulgarian] as reg-ards his rio-hts relatinof to industrial, RigWsofGor- c> -i c} n O ' man [Austrian, literary, and artistic property in the territory of the iuigirS'as'' Allied and Associated Powers (so far as such property tnai, uterary, ^ i 1 »/ and artistic has not been dealt with in the liquidation of businesses aS teiTltory. under war legislation by any such Power, or will not be dealt with in liquidation by any such Power, pursuant to the provisions contained in Article 297 (h) of the Treaty with Germany [or Article 249 (b) of the Treaty with Austria, or Article 232 [b) of the Treaty with Hungary, or Article 177 {b) of the Treaty with Bulgaria]), is as follows : I. As from the coming into force of the Treaty, the Son o°f fuck rights to the protection {a) of industrial property, as the inter defined by the International Convention of Paris of p|^i*^'°jJif/E March 20, 1883 (as revised at Washington on June 2, 1911), and (i) of literary and artistic property, as defined by the International Convention of Berne of September 9, 1886 (as revised at Berlin on November 13, 1908, and completed by the additional Protocol signed at Berne on March 20, 1914), are, subject to the stipulations con- tained in the Peace Treaties with Germany [Austria, Hungary, and Bulgaria], restored in the territories of the Contracting Powers in favour of the persons entitled to the benefit thereof at the time of the outbreak of the war or the legal representatives of such persons.^ 1 Article 306 of the Treaty with Germany; Article 258 of the Treaty with Austria ; Article 241 of the Treaty with Hungary ; Article 190 of the Treaty with Bulgaria. property under the Inter- national Con- f Berne are restored. 70 INDUSTRIAL AND LITERARY PROPERTY ^^- ^y-- II. Subject to the stipulations contained in the Sec. II. '^ ^ Kecognition of Peace Treaties with Germany [Austria, Huns^ary, and rights in such ^ ^ _ ./ l o j quir^fduring BulgaHa], rights, which, except for the war, would have been acquired during the war in consequence {a) of an application made for the protection of industrial property, or (l>) the publication of a literary or artistic work, will be recognised and established as from the coming into force of the Peace Treaties in favour of the persons, who would have been entitled thereto.^ sp^ciaT*""^ ° III. All acts done by virtue of special measures taken measures taken . as to sud/"'^'''^ dunng the war under the authority of any Allied or iongfn?toGer- Assoclated Power in regard to rights of Germans mans [Aus- r*. • t-\i'-i.. ••! triaus, Hun- Austriaus, Huno;arians, or BuWrians | ni mdustrial, ganans, or Bui- l ' O ' C5 J ' garians). literary, or artistic property will continue to remain in full force.^ Sau,'''Hi'in"^' IV. No claiui can be made or action brought by garian, or Bui- _. P . . . -r> l • ~\ • dah^Tin re"°* ^ Gemiau [Austrian, Hungarian, or BulgarianJ m respect safe of'lucr ""^ of («) the usc durlug the war of any rights in industrial, property in , . . . ^ ^ r^ > n Allied territory, literary, Or artistic property by the Government oi any Allied or Associated Power, or (Jj) the sale, offering for sale, or use of any products, articles, or apparatus to which such rights applied.^ moneys^e"' °^ V. Sums recelved by an Allied or Associated Power Government in Under Article 297 (A) of the Treaty with Germany for respect of such ^ ' •' ^ i_ lonTnftoGcr- uuder Article 249 (b) of the Treaty with Austria, or Hungar"ian"or' Article 232 (h) of the Treaty wdth Hune^ary, or Article 177 (b) of the Treaty with Bulgaria], or in the liquida- tion of industrial, literary, or artistic property belonging to a German [Austrian, Hungarian, or Bulgarian], or resulting from any acts done by virtue of special measures taken during the war under the authority of any Allied or Associated Power, will be dealt with in the same ^ Article 306 of the Treaty with Germany ; Article 258 of the Treaty with Austria; Article 241 of the Treaty with Hungary; Article 190 of the Treaty with Bulgaria. 2 Ibid. 3 ji)ia^ Bulgarian] INDUSTRIAL AND LITEEARY PROPERTY 71 way as other sums due to Germans [Austrians, Hun-Cb^iv., garians, or Bulgarians] are directed to be dealt with by these Treaties — i.e., they may be retained by the Allied or Associated Power concerned.'^ But the German [or Austrian, Hungarian, or Bulgarian], who but for such retention would have been entitled to the sums so retained, will be entitled to be compensated by his Government for the sums so retained.^ VI. Each of the Allied or Associated Powers reserves t'l'e r?ghw"" . -. Germans [Aus- the right to impose such limitations, conditions, and tnans,^Hun^^^^ restrictions on rights of industrial, literary, or artistic fpecrof thei?' •11/^ industrial, property (other than trade-marks) acquired by a German uterary, and [Austrian, Hungarian, or Bulgarian], in the territory of imrd'cLntry such Allied or Associated Power ^ (whether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way) as may be considered necessary — {a) For national defence, or ip) In the public interest, or (c) For assuring the fair treatment by Germany [Austria, Hungary, or Bulgaria] of the rights of such property held by nationals of the Allied or Associated Power concerned, or {d) For securing the due fulfilment of Germany's [Austria's, Hungary's, or Bulgaria's] obligations under the Treaties. The above limitations, conditions, and restrictions will only he inqiosed as regards rights of industrial, literary, and artistic property acgtt /ret/ after the coming into force of the Peace Treaties, where such limitations, conditions, 1 Article 306 of the Treaty with Germany ; Article 258 of the Treaty with Austria ; Article 241 of the Treaty with Hungary ; Article 190 of the Treaty with Bulgaria. 2 See Article 297 (^) of the Treaty with Germany ; Article 249 {j) of the Treaty with Austria; Article 232 {j) of the Treaty with Hungary ; Article 177 {j) of the Treaty with Bulgaria. 3 As to the restrictions on enemy-owned British copyrights and patents, see infra, pp. 311. 319, 345-351, 357-363. 72 INDUSTRIAL AND LITERARY PROPERTY Ch. IV., Sec. II. Compensation for restrictious oil German '.s [Austrian's, Hungarian's, or Bulgarian's] rights in re- spect of such property. Transfer by German [Aus- trian, Hun- garian, or Bul- garian] of his rights in such property. German [Aus- trian, Hun- garia:j, or Bulgarian] entitled to time fur compliance with formalities for preserving industrial property. or restrictions are considered necesmrij for national defence, or in the public interest} Reasonable indemnities or royalties, to be dealt with in the same way as other sums due to Germans [Austrians, Hungarians, or Bulgarians] are by these Treaties directed to be dealt with, will be paid in the event of the imposi- tion of such limitations, conditions, or restrictions as are mentioned above. ^ YII. Any transfer, in the whole or in part, of, or other dealing with, rights of, or in respect of, industrial, literary, or artistic property effected by a German or Bulgarian after August 1, 1914, or by an Austrian or Hungarian after July 28, 1914, or in future, which would have the result of defeating the objects of Article 306 of the Treaty with Germany [or Article 258 of the Treaty with Austria, or Article 241 of the Treaty with Hungary, or Article 190 of the Treaty with Bulgaria], may be treated as void by any of the Allied or Associated Powers.'^ The transfer by a German, Austrian, Hungarian, or Bulgarian of his rights of industrial, literary, and artistic property (other than trade-marks) in Great Britain is only permitted, if and so far as such transfer is con- sistent with the limitations, conditions, and restrictions prescribed by the Board of Trade.^ Vni. A German [Austrian, Hungarian, or Bulgarian] having industrial property in the territory of an Allied or Associated Power, is entitled to a minimum of one year after the coming into force of the Treaty with 1 Article 306 of the Treaty with Germany ; Article 258 of the Treaty with Austria ; Article 241 of the Treaty with Hungary ; Article 190 of the Treaty with Bulgaria. 2 Article 306 of the Treaty with Germany ; Article 258 of the Treaty with Austria; Article 241 of the Treaty with Hungary; Article 190 of tiie Treaty with Bulgaria. 3 § 1 (xx.) of Treaty of Peace Order, 1919; §1 (xxvi.) of Treaty of Teace (Austria) Order, 1920; § 1 (xix.) of Treaty of Peace (Bulgaria) Order, 1920. See infra, pji. 311, 319, 348, 353, 360, 365. INDUSTRIAL AND LITERARY PROPERTY 73 Germany [Austria, Hungary, or Bulgaria], without ^^^/J' extension fees or other penalty, to comply with the formalities and satisfy the obligations prescribed by the laws or regulations in force in the territory of such Allied or Associated Power relating to the obtaining, preserving, or opposing rights to, or in respect of, such property either acquired (in the case of a German or Bulgarian) before August 1, 1914 (or in the case of an Austrian or Hungarian before July 28, 1914), or which, except for the war, might have been acquired since that date/ IX. xAll rights of Germans [Austrians, Hungarians, i^preTrights k . . I industrial and Bulgarians] in respect of industrial property m the property, territory of an Allied or Associated Power, which have lapsed by reason of failure to comply with any prescribed formality or to satisfy any law or regulation, are revived by the Treaty, subject to («) the imposition (in the case of patents and designs) of conditions, which are deemed reasonably necessary for the protection of persons, who have manufactured or made use of the subject-matter of such property, and {h) the same provisions in respect of the grant of any licences in respect of patents and designs belonging to Germans [Austrians, Hungarians, or Bul- garians] as would have been applicable to a German [Austrian, Hungarian, or Bulgarian] during the war as well as to the provisions of this Treaty.^ As regards industrial property in Great Britain Bo^rd of Trade belonging to Germans [Austrians, Hungarians, or Bui- with^r^eference garians], the Board of Trade has power, so far as iSan^ddSfgns necessary for the purpose of Article 307 of the Treaty with Germans, J r i •/ Austrians, Germany [or Article 259 of the Treaty with Austria, or ^^p^y|;ta Article 242 of the Treaty with Hungary, or Article 191 1 Article 307 of the Treaty with Germany ; Article 259 of the Treaty with Austria; Article 242 of the Treaty with Hungary; Article 191 of the Treaty with Bulgaria. 2 Ibid. arians in Great Britain. 74 INDUSTRIAL AND LITEEAKY PROPERTY ch. IV., of the Treaty with Bulejarial/ to make such rules and do Sec. II. "^ T n ^ such things as it thinks expedient for the purpose oi — (i.) Avoiding or suspending : (a) Patents or Ucences belonging to Germans [Austrians, Hungarians, or Bulgarians], (b) The registration of designs or trade-marks belonging to Germans [Austrians, Hungarians, or Bulgarians], and (c) Applications made by Germans [Austrians, Hungarians, or Bulgarians] under the Patents and Designs Act, 1907, or the Trade-Marks Act, 1905, and (ii.) Enabling the Board of Trade to grant to persons other than Germans [Austrians, Hungarians, or Bulgarians] licences to make, use, exercise, and vend patented inventions and registered designs so liable to avoidance or suspension (see infra, pp. 311, 345-368). Exclusion of X. The period of the duration of the war is to be period of dura- JT tion of war. gxcluded lu cousideriug the time within which a patent should be worked or a trade-mark or design be used.^ Extension of XL Subiect aud without preiudice to any existing period of enjoy- «J i. tJ ^ i~> 7tp,olitftov rights of any person, who before the coming into force of registration ,m • t /-* r t , • rr "i under Inter- the Treaty with Germany [Austria, or Hungary] was bona fide in possession of adverse rights, the rights of priority (obtained under Article IV. of the International Convention of Paris of March 20, 1883, revised at Washington in 1911, for the Protection of Industrial Property) for the filing or registration of applications for patents or models of utility, or for the registration of trade-marks, designs, and models, which had not expired on August 1, 1914 (in the case of Germany), 1 § 1 (.\xi.) of Treat}' of Peace Order, 1919; § 1 (xxvii.) of Treaty of Peace (Austria) Order, 1920 ; § 1 (xx.) of Treaty of Peace (Bulgaria) Order, 1920. 2 Article 307 of the Treaty with Germany ; Article 2.09 of the Treaty witli Austria ; Article 242 of the Treaty with Hungary ; Article 191 of the Treaty with Bulgaria. vention of Paris, 1S83. INDUSTRIAL AND LITERARY PROPERTY 75 or on July 28, 1914 (in the case of Austria and Hungary), ^b^ ^i' and those, which have arisen during the war, or would have arisen but for the war, are required to be extended by each of the Contracting Powers in favour of all nationals of the other Contracting Powers for a period of six months after the coming into force of the Treaty.^ XII. No action can be brought or claim made by a f^rrS!m"'" ^ • -1 -1 garian, or Bui- German [Austrian, Hungarian, or Bulgarian] or by any ™n|^;^^^*°,,, person residing or carrying on business in Germany ;^|^t7^Jf^J"^ . -. war. [Austria, Hungary, or BulgariaJ : {a) By reason of any action, which has taken place within the territory of any of the Allied or Associated Powers (other than the United States of America) during the period between the exist- ence of a state of war and the coming into force of the Treaty with Germany [Austria, Hungary, or Bulgaria], and which might constitute an in- fringement of the rights of industrial, literary, or artistic property, or {b) For infringement of such rights in respect of the sale or offering for sale, for a period of one year after the signature of the Treaty in the territories of any of such Allied or Associated Power of products or articles manufactured, or of literary or artistic works published during the period between the declaration of war and the signature of the Treaty.^ XIII. A hcence granted by a person, who was a J^^^geToTsuch . , 1 . • , 1 property national of, or resided or carried on business m the granted by^^^^ territory of, any of the Allied or Associated Powers, fiusS^Hun •^ "^ • /-I garian, or Bui- (other than the United States of America) to a German ^anani^treated from declara- tion of war. . , uon oi wai. 1 Article 308 of the Treaty witli C4ermany; Article 260 of the Treaty with Right to new Austria ; Article 243 of the Treaty with Hungary. 2 Article 309 of the Treaty with Germany ; Article 261 of the Treaty with Austria ; Article 244 of the Treaty with Hungary ; Article 192 of the Treaty with Bulgaria. 76 INDUSTRIAL AND LITERARY PROPERTY Ch. IV., [Austrian, Hungarian, or Bulgarian] in respect of any industrial, literary, or artistic property before the war is treated as cancelled as from the date of the declaration of war or the existence of a state of war between Germany [Austria, Hungary, or Bulgaria] and the Allied or Asso- ciated Power concerned. But the German [or Austrian, Hungarian, or Bulgarian], whose licence is treated as cancelled under the Treaty, is entitled within six months after the coming into force of the Treaty to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, will, according to the circumstances, be fixed by the duly qualified Tribunal in the country, under whose legislation the rights had been acquired, or by the Mixed Arbitral Tribunal/ In Great Britain the Comptroller-General of Patents, Designs, and Trade-Marks is the " qualified Tribunal " as between nationals of Great Britain and Germany [Austria, Hungary, or Bulgaria].^ A licence granted under the special war legislation of any Allied or Associated Power (other than tlie United States of America), in respect of any industrial, literary, or artistic property belonging to a German [Austrian, Hungarian, or Bulgarian], will be in no way affected by any such new licence, which may, pursuant to the above- mentioned right, be demanded by, and may be granted to, the German [Austrian, Hungarian, or Bulgarian] by the proprietor of property. durinjwtiu XIV. The Allied and Associated Powers (other than respect of .^_ ^a'\i 1 j.!- licence granted ^{^g United States of America) have power under the to German [or ' ■■■ HwTan.or provlslons of Artlclo 297 (b) of the Treaty with Germany Bulgarian] as to industrial „ . , ^ . ,. , ^^^ p ji m ±. -ii property. > Article 310 of the Treaty witli Germany ; Article 262 of the Treaty with Austria; Article 215 of the Treaty with Hungary; Article 193 of the Ti-eaty with liulgaria. 2 § 1 (xxii.) of Treaty of Teace Order, 1919 ; § 1 (xxviii.) of Treaty of Peace (Austria) Order, 1920 ; § 1 (xxi.) of Treaty of Peace (Bulgaria) Order, 1920. INDUSTRIAL AND LITERARY PROPERTY 77 [Article 249 (b) of the Treaty with Austria, Article 232 Ch^ iv, (l>) of the Treaty with Hungary, and Article 177 (b) of the Treaty with Bulgaria] to retain or liquidate any rights vested in a German [Austrian, Hungarian, or Bulgarian] national at the commencement of the war under a licence (a) in respect of any industrial property, or (I)) for the reproduction or representation of literary, dramatic, or artistic works. If any such Power has during the war, while exercising such power to retain or liquidate such rights, retained or disbursed any sums of money, such sums will respectively be dealt with in the same w^ay as other credits and debts of German [or Austrian, Hungarian, or Bulgarian] nationals under the Treaty/ Section HI. — British Copyrights and Patents owned BY Enemy Nationals. The Board of Trade has power under Section 1 (xx.) of the Treaty of Peace Order, 1919, and Section 1 (xxvi.) of the Treaty of Peace (Austria) Order, 1920, and Section 1 (xx.) of the Treaty of Peace (Bulgaria), to impose conditions and restrictions on rights of industrial, literary, and artistic property owned by German, Austrian, and Bulofarian nationals, and to control the transfer of such rights. The Board has accordingly by Orders and Bules made elaborate provisions with reference to the user and transfers (a) of British copyrights belonging to German and Austrian nationals, and (b) of British patents belonging to German, Austrian, or Bulgarian nationals, and with reference to applications to be made to the Board concerning such copyrights and patents. The Orders and Pules of the Board of Trade are set out at length in Appendices VI., VII., VIIL, and IX."^ 1 Article 310 of the Treaty with Germany; Article 262 of the Ti-eaty with Austria ; Article 245 of the Treaty with Hungary ; Article 193 of the Treaty with Bulgaria. ^ See infra, pp. 345-368. CHAPTER V. CONTKACTS BETWEEN EXEMIES. Ch. V. jrp |g manifest, that the outbreak of war between two Effect of war on between'' countrles must have far-reaching effects on the contracts then existing between the persons residing and trading in those countries. The state of war will render impos- sible the performance of some contracts, whereas other contracts may be of such a nature, that one or other or both of the belligerent Powers cannot, on public grounds* allow them to be carried out ; for it should be borne in mind, that the continued existence of contractual relations between persons residing or trading in two countries, which are at war with each other, gives opportunities for the conveyance of information, which may be injurious to the conduct of the war, or may tend to increase the resources of the enemy, or cripple the resources of either of the belligerent Powers. Though there is a general agreement among the jurists and judges of all civilised countries, that contracts entered into by persons residing or trading in the territories of several States, which go to war with each other after the contracts have been entered into, are vitally affected by the outbreak of a war, there are considerable divergences in the views taken in different countries as to what is the effect of war on such contracts. English law ;is Xho vlew taken by English iudg-es and jurists is, that to effect of war J n O n O betwe'ln'"'*^ evcry contract, which involves intercourse (whether com- mercial or otherwise) between a person voluntarily residing or trading in Great Britain, of the one part, and an enemy (i.e., a person voluntarily residing or trading 78 enemies. CONTRACTS BETWEEN ENEMIES 79 in the enemy territory), of the other part, after the out- ^^ ^ break of hostiHties, is dissolved by the war for all purposes.^ Thus, a contract of business partnership was recently held to have been dissolved by the war.^ Again, any contract between enemy subjects, which tends to the detriment of Great Britain and to the advantage of the enemy country,^ or which is of such a nature, that the suspension thereof during the war would, in eftect, in- volve the making of a new contract, is treated by the laws of England as dissolved by the war.^ But, as has been stated by Lord Dunedin in Ertel, Bieber and Co., V. Bio Tinto Co. [1918], A.C., 260, 264, the laws of England do not lay down any such general proposition as that a state of war dissolves all contracts between subjects and enemies. Accrued rights are not affected by the war, though the right of suing in respect thereof is suspended. Further, there are certain contracts, particularly those, which are really the concomitants of rights of property, which, even so far as executory, are not dissolved: such as, for instance, the contract between landlord and tenant.^ Having regard to the uncertainty of the law (and to ^I'^^l^ the lack of uniformity of the views which may be taken ciTuseTo'f •^ -^ , Peace Treati by the jurists and judges of the various States which are J^^elfbetween parties to a Treaty) as to the effect of the outbreak of the *'"^°''^^- war on pre-war contracts between the nationals, residents, and traders in the territories of these States, on the one hand, and their enemies, on the other hand, it has been necessary to embody in the Peace Treaties rules, which ^ Esposito I'. Bowden, 7 E. and B., 763 ; the Panariellos, 112 L.T.R., 777 ; 114 L.T.R., 670 ; Robson v. Premier Oil and Pipe Line [1915], 2 Ch., 124; Naylor, Benyou and Co. v. Krainisciie Industrie Gesellschaft [1918], 1 K.B., 331 ; Ertel, Bieber and Co. v. Rio Tinto Co. [1918], A.C., 260. 2 Hugh Stevenson and Sons v. A. G. flir Cartonnagen Ind. [1918], A.C , 239. 3 Furtado r. Rogers, 3 Bos. and P., 191 ; Ertel, Bieber and Co. v. Rio Tinto Co. [1918], A.C, 260 ; Zinc Corporation Ltd. v. Hirsch [1916], 1 K.B., 541. * Distiugton Hrematite Iron Co. r. Possehl and Co. [1916], 1 K.B., 811. 5 Halsey v. L^wenfeld [1916], 2 K.B., 707. effect of Economic Ch V. 80 CONTEACTS BETWEEN ENEMIES will provide for the uniform treatment of pre-war con- tracts between these parties. These Treaties accordingly declare that (subject to certain exceptions and reserva- tions contained in Section V. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria) all pre-war contracts concluded between "enemies" — i.e., parties between whom trading shall have been prohibited b}'-, or other- wise become unlawful under, laws, orders, and regulations to which one of the parties was subject — shall, except in the case of contracts to which nationals of the United States of America, or Brazil, or Japan were parties, be re- garded as having been dissolved as from the time, when any two of the parties became enemies^ — i.e., from the date, when trading between them was prohibited or otherwise became unlawful.^ It will be seen, on referring to the notes on § 1 of the Annex to Section V. of Part X. of the Treaty with Germany, and the judicial decisions there cited (see infra, p. 265) that : (a) The residence or place of business (but 72ot the nationcdity) of the parties to a contract is, according to the laws of England, the deter- mining factor for the purpose of deciding whether such parties are or have become " enemies," and [h) Trading between persons residing or trading in Great Britain, on the one hand, and persons residing or trading in Germany, Austria, Hungary, or Bulgaria, on the other hand (whatever the nationality of any of such persons may have been), became unlawful from the time of the 1 Article -299 (a) of the Treaty witli German}- ; Article 251 {a) of the Treaty with Austria ; Article 234 (a) of the Treaty with Hungary; Article 180 («) of tlie Treaty with Bulgaria. 2 § 1 of Annex to Section V. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. CONTRACTS BETWEEN ENEMIES 81 outbreak of war between Great Britain and each ch. v. of these Powers — (i.) By the Common Law of England, (ii). By an express statutory enactment — viz. Section I. of the Trading with the Enemy Act, 1914 (4 & 5 Geo. V., cap. 87), and (iii.) By Clause 3 of the Trading with the Enemy Proclamation, No. 2, of September 9, 1914. The following categories of pre-war contracts between arTnoT^JT^'"^ persons, who subsequently become enemies [i.e., between StYgs of 1 - . . ^ Treaty with whom tradmg has become unlawful under laws, orders, Ar™ie°25i°of or regulations to which one of such persons was subiect) lu'sfria^r^ Article 234 of are not dissolved by Article 299 of the Treaty with Hun^L^^'^r Germany [or Article 251 of the Treaty with Austria, or Tr'eif wt? Article 234 of the Treaty w^ith Hungary, or Article 180 of the Treaty with Bulgaria] : {a) Contracts, the execution of which is required by the Government of an Allied or Associated Power (other than the United States of America, Brazil, or Japan) in the general interest within six months of the coming into force of the Treaty.-^ {h) Contracts, the parties to which became enemies by reason of one of them being an inhabitant of territory ceded by the Treaty, if such party acquired the nationality of one of the Allied or Associated Powers under the Treat}^- (c) Contracts between nationals of the Allied and Associated Powers, between whom trading has been prohibited by reason of one of the parties ^ Article 299 (h) of Treaty with Germany ; Article 251 {h) of Treaty with Austria; Article 234 {b) of Treaty with Hungary; Article ISO ((6) of Treaty with Bulgaria. 2 Article 299 [d) of Treaty with Germany ; Article 251 {d) of Treaty with Austria ; Article 234 {d) of Treaty witli Hungary ; Article ISO (d) of Treaty with Bulgaria. 6 82 CONTRACTS BETWEEN ENEMIES c^- ^ being In Allied or Associated territory in the occupation of the en^my.^ (d) Contracts having for their object the transfer of real or personal property, where the property therein had passed, or the object had been de- livered, before the parties became enemies,^ (e) Leases and agreements for leases of land and houses (Annex to Section V., § 2 [b]). (/) Contracts of mortgage, pledge, or lien (Annex to Section v., § 2[c]). (g) Concessions concerning mines, quarries, or deposits (Annex to Section V., § 2 [c/] ). (/?) Contracts with states, provinces, municipalities, or other similar juridical persons charged with administrative functions (Annex to Section V., §2M). (i) Concessions granted by states, provinces, munici- palities or other juridical persons charged with administrative functions (Annex to Section V., § 2 H). Contracts of fire (o) CONTRACTS OF FiRE INSURANCE. These COUtractS insurance. \J I are kept alive notwithstanding failure during the war to perform the obligations of the contract. Under § 9 of the Annex to Section V . the contract will only be dissolved, if the first annual premium, which becomes payable after the expiration of three months after the coming into force of the Treaty, remains unpaid. Provision is made by § 9 for the settlement of unpaid premiums and claims for losses, which became payable during the war. 1 Article 299 {d) of Treaty with Germany ; Article 251 {d) of Treaty with Austria; Article 234 {d) of Treaty with Hungary; Article 180 (cZ) of Treaty with Bulgaria. 2 § 2 (rt) of Annex to Section V. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. CONTRACTS BETWEEN ENEMIES 83 Where a pre-war contract of fire assurance Ch- v. has, by administrative or legislative action, been compulsorily transferred to another insurer during the war, the liability of the original insurer will cease as from the date of the transfer. Special provision is made for the renewal of the original contract with the consent of the original insurer, where such contract was compulsorily transferred (§10 of Annex to Section V.). All pre-war contracts of insurance between enemies, other than life and marine insurance, are treated on the same footing as fire insurance, (§18 of the Annex to Section V.). {k) Contracts of Life Assurance between enemies as'^uVance."^"^^ (§ 11 to § 14 of the Annex to Section Y.). Where the premiums on a pre-war life insur- ance contract are paid after the outbreak of the war by an agent on behalf of the assured, who is an alien enemy (and, according to the laws of England, there is no objection to this being done : see Seligman v. Eagle Insurance Company [1917], 1 Ch., 519), the sum insured together with interest at five per cent, per annum from the due date will be recoverable after the war, subject nevertheless, as regards sums to be recovered by German, [Austrian, Hungarian, or Bulgarian] nationals, to the provisions contained in Articles 297 and 298, and § 4 of the Annex to Section lY. of Part X. of the Treaty with Germany [and, subject as regards sums to be recovered by Austrian, Hungarian, or Bulgarian nationals, to the provisions contained in Articles 249 and 250 and § 4 of the Annex to Section lY. of Part X. of the Treaty with Austria, in Articles 232 and 233 and § 4 of the Annex to Section I Y. of Part X. of the Treaty with Hungary, Ch. V 84 CONTRACTS BETWEEN ENEMIES and in Articles 177 and 178 and § 4 of the Annex to Section IV. of Part IX. of the Treaty with Bulgaria]. If such a contract of life assurance has lapsed during the war owing to non-payment of premiums, the assured or the persons taking through him will be entitled : (i.) To restoration of the contract (on payment of the arrears of premiums with interest at five per cent, per annum within three months from the coming into force of the Treaty), if the payment of the premiums was prevented by the enforcement of any measure of war, or (ii.) To recover the surrender value of the insur- ance policy at the date of the lapse, if the payment of the premiums was not so pre- vented. If such a contract has become void by reason of some breach of its conditions (other than the non-payment of premiums), the surrender value will be recoverable ( § 1 i of the Annex to Section V. of the Treaties). Each of the Allied and Associated Powers was empowered by the Treaty with Germany to can- cel within three months from the coming into force of that Treaty, under conditions which would protect such nationals from prejudice, all contracts of life assurance running between a German insurance company and its nationals.^ A contract of life insurance, entered into by a local branch of an insurance company in an enemy country with an enemy, will be governed by the local law, but, if such branch is compelled by 1 § 12 of the Annex to Section V. of Part X. of the Treaty with Germany. Contracts of marine insur ance. CONTRACTS BETWEEN ENEMIES 85 measures taken during the war in the enemy Ch. v. country to pay to an enemy sums on a claim, which is inconsistent with the contract itself or with the laws or treaties existing at the date of the contract, the company or their representatives may recover from the insured, or his representatives, the sums so paid.^ If the terms of a life insurance contract are such, that it does not lapse merely by reason of the non-payment of a premium, but that it can only be determined by notice to the insured, the insurer (if prevented by the war from giving such notice) will be entitled to recover from the insured the unpaid premiums with interest at the rate of five per cent, per annum. ^ (/) Contracts of Marine Insurance insuring against a risk, which had attached before the parties had become enemies.^ The sums due under such a contract by way of premiums or in respect of losses are recoverable after the coming into force of the Treaty. If after the outbreak of the war the insured has entered into a new contract of marine in- surance covering the same risk as an earlier contract, the new contract will, as from its date, be treated as substituted for the earlier contract, and the premiums payable will be adjusted on that basis. 1 § 13 of the Annex to Section V. of Part X. of the Treaty with Germany ; § 12 of the Annex to Section V. of Part X. of the Treaties with Austria and Hungary, and of Part IX. of the Treaty with Bulgaria. 2 § 14 of the Annex to Section V. of Part X. of the Treaty with Germany; § 13 of the Annex to Section V. of Part X. of the Treaties with Austria and Hungary, and of Part IX. of the Treaty with Bulgaria. 3 § 16 to § 18 of the Annex to Section V. of Part X. of the Treaty with Germany ; § 15 to § 17 of the Annex to Section V. of Part X. of the Treaties with Austria and Hungary, and of Part IX. of the Treaty with Bulgaria. 86 CONTRACTS BETWEEN ENEMIES cii- V. . Money paid to the insurer under a contract of marine insurance will be recoverable from him, if the risk had not attached before the parties became enemies. fnsurTnce?^ '"' ('«) CeRTAIN CONTRACTS OF IIe-INSURANCE.^ General treaties of re-insurance or contracts of re-insurance of particular risks with a person, who subsequently became an enemy, will, except in the case of re-insurances against life and marine risks, which had attached before the war, be treated as having been abrogated. A general treaty of re-insurance will, however, remain in force, if, owing to invasion, it was im- possible for the re-insured to find a re-insurer. In the case of re-insurance treaties, which are treated as abrogated, there will be an adjustment of accounts between the parties in respect of the premiums paid and to be paid, and of liabilities for losses in respect of life and marine risks, which had attached before the war. In the case of the re-insurance of risks, other than life or marine risks, the adjustment of accounts will be made as at the date of the parties becoming enemies, without regard to claims for losses, which occur after that date. Particular pre-war contracts for the re-in- surance of life risks remain in full force. In the case of a pre-war re-insurance of a contract of insurance of a marine risk, which had attached before the war, the cession of such risk by the re-insurer will remain valid notwithstanding the war, and the sums due under the contract of re- 1 §§ 20-23 of the Annex to Section V. of Part X. of the Treaty with Germany ; §§ 19-23 of tlie Annex to Section V. of Part X. of the Treaties with Austria and Hungary, and of Part IX. of the Treaty with Bulgaria. NEGOTIABLE INSTRUMENTS BETWEEN ENEMIES 87 insurance in respect of premiums and losses are ^h. v. . recoverable. If after the outbreak of the war the re- insurer has entered into a new contract of re- insurance covering the same risks as are covered by the earlier contract of re-insurance, the new contract will be treated as from its date as sub- stituted for the earlier contract, and the premiums payable will be adjusted on that basis. (n) Negotiable Instruments between enemies. The [^Xuments expression "negotiable instrument" (like the corresponding term effet de commerce in the French version of the Treaty) is a wide term capable of comprising every instrument, which is capable of being negotiated {i.e., transferred) either by delivery (in the case of an instrument trans- ferable by delivery, such as a bearer debenture) or by endorsement (in case of an instrument to order, such as a bill of exchange or promissory note). Article 301 of the Treaty with Germany [Article 253 of the Treaty with Austria, Article 236 of the Treaty with Hungary, and Article 184 of the Treaty with Bulgaria] provide (a) that, as between enemies, a pre-war negotiable in- strument shall not be invalidated merely by reason of failure within the prescribed time to present the same for acceptance or payment, or to give notice of non-acceptance or non-payment to the drawer or endorser or to protest the same, or to complete any formality during the war, and {b) that a period of not less than three months after the coming into effect of the Treaty shall be allowed within which presentation, notice of non- acceptance or non-payment or protest may be LIMITATION OF RIGHT OF ACTION Ch. V, Suspension of period of pre- scription during the war as re- gards rights under contracts between enemies. made or given. As between Great Britain and His Majesty's Dominions and Protectorates (other than AustraHa, South Africa, New Zealand, New- foundland, and India) and Germany, Austria, ' and Bulgaria respectively, the period fixed for making or giving any such presentation, notice, or protest is ten months from the coming into force of the Peace Treaties with these four Powers. ^ All periods of prescription or limitation of rifrht of action as reo-ards neg^otiable instruments will be treated as susjoended in the territory of the Contracting Powers for the duration of the war, and will not begin to run again until, at the earliest, three months from the date, on which any exceptional regulations applied in the terri- tories of the interested Power with regard to negotiable instruments shall have definitely ceased to have force.^ Liabilities arising from negotiable instruments between enemies, whose countries have adopted Section III., providing for the establishment of Clearing Offices, will be settled through the in- strumentality of the Clearing Offices.^ As regards the rights arising from con- tracts between persons, who subsequently be- came enemies. Article 300 {a) of the Treaty with Germany [Article 252 {a) of the Treaty with Austria, Article 235 (a) of the Treaty with Hungary, and Article 183 (d) of the Treaty with 1 See § 1 (xviii.) of the Treaty of Peace Order, 1919 ; § 1 (xxiv.) of the Treaty of Peace (Austria) Order, 1920; § 1 (xvii.) of the Treaty of Peace (Bulgaria) Order, 1920. Sec iii/ra, pp. 311, .319. 2 Article 300 (g) of the Treaty with Germany; Article 252 {>/) of the Treaty with Austria ; Article 235 (g) of the Treaty with Hungary ; Article 183 {g) of tlie Treaty with Bulgaria. •' § 6 of Annex to Section V. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. LIMITATION OF RIGHT OF ACTION 89 Bulgaria] provide that all periods of prescription ch. v. or limitation of right of action shall be treated in the territory of the Contracting Powers, so far as regards relations between enemies, as having been suspended for the duration of the war, and that the Contracting: Powers shall in no case make such periods begin to run before the expiration of three months after the coming into force of the Treaty. As between Great Britain and His Majesty's Dominions and Protectorates (other than Australia, South Africa, New Zealand, Newfoundland, and India) and Germany, Austria, and Bulgaria respectively, a period of six months after the coming into force of the Peace Treaties with these four Powers is fixed as the time at which the period of prescription or limitation of a right of action shall again begin to run.^ Where a contract between enemies has been Mixed'ArbUrii • ini '1 r»r»'i 1 j_ p Tribunal when dissolved bv reason either of failure on the part ot contract is dis- J *■ solved by de- either party to carry out its provisions, or the J^^rtyThereto! exercise of a right stipulated in the contract itself, the party prejudiced may apply to the Mixed Arbitral Tribunal for relief, and such Tribunal will order the restoration of the rights, w^hich have been prejudiced by such dissolution, in cases in which, having regard to the circum- stances, such restoration is equitable and possible, or may, where restoration is inequitable or impossible, grant compensation to the prejudiced party. ^ For information (1) as to the effect of orders 1 See § 1 (xviii.) of the Treaty of Peace Order, 1919 ; § 1 (xxiv.) of the Treaty of Peace (Austria) Order, 1920 ; § 1 (xvii.) of the Treaty of Peace (Bulgaria) Order, 1920 Seeitt/m, pp. 310, 319. 2 Article 300 {cV) of the Treaty with Germany ; Article 252 [d) of the Treaty with Austria ; Article 285 {d) of the Treaty with Hungary ; Article 183 of the Treaty with Bulgaria. 90 LAAYS APPLICABLE TO CONTRACT Sale of enemy property by pledgee. Ch. V. made during the war by the Courts of the belligerent States in respect of contracts between enemies, and (2) as to the Tribunals and Courts, which now have jurisdiction to deal with disputes arising on pre-war contracts between enemies, the reader is referred to Chapter YL (See infra^ pp. 94-103.) While dealing with the subject of contracts, reference should be made to the position (as defined by the Peace Treaties) of persons, with whom property had been deposited before the war by way of pledge or security for a sum owing by persons, who subsequently became enemies. The Treaties provide, that a sale of such property by the pledgee or depositee, if made in good faith and with reasonable care and prudence, shall be deemed to have been valid even in the absence of notice to the owner, and that the owner shall have no right of action against the pledgee or depositee by reason of such a sale (§ 5 of the Annex to Section Y. of the four Peace Treaties). bITpiiedto Before concluding this chapter it is proposed to refer contracts ^ • n i • ' ^ n •^ ' r between parties bi-iefly ^o the Questiou, which caunot fad to arise ire- residing \n J X ' entries. quently with reference to contracts between nationals of Allied or Associated Powers, on the one hand, and nationals of one of the Opposing Powers, on the other hand — namely, the question, which law is to be applicable to a contract between parties residing in different countries, where different systems of law prevail. Should the lex loci C07itractus or the lex loci solutionis or should any other canon of law be applied to the contract as between the parties ? The view taken by English judges and jurists is broadly, that prima facie the lex loci con- frcuiiis presumably governs the nature, the obligation, and the interpretation of the contract, unless the contrary appears to be the express intention of the parties.^ 1 Ikitish South Africa Co. v. De Beers Consolidated Mines Limited [1910], 1 Ch.. 354, 381 ; Lloyd v. Guibert, L R., 1 Q.B., 11:'), 122. IN CASE OF CONFLICT OF LAWS 91 But, as Bowen L.J. said in Jacobs v. Credit Lyonnais^^ ^^- ^^ the rules laid down by juridical writers are only presump- tions or prima facie rules, capable of being displaced, wherever the clear intention of the parties can be gathered from the document itself and from the nature of the transaction. The subject-matter of a contract must be looked at, as well as the residence of the parties and the place, where the contract is made, in order to ascertain the intention of the parties. In some cases it may be, that the contract is partly to be performed in one place and partly in another. In such a case the only certain guide is to be found in applying sound ideas of business, convenience, and sense to the language of the contract itself, with a view to discovering from it the true intention of the parties. *' It thus appears clear," says Sir C. S. Eady M.B. (then J.), " that the law of the contract, or the law which the contract itself imports as the law governing the contract, is that which the contracting parties intended should govern and regulate it. In the absence of express stipulation, various ingredients or factors have from time to time been considered as of weight in arriving at the intention of the parties, but they are only matters to be taken into consideration, and cannot of themselves be relied upon as absolutely determining the law of the contract. Thus, if a provision of the contract would be valid or effective according to one law, and invalid or inoperative according to another law, that is a material fact in favour of the parties intending the contract to be governed by the law, which will give effect to their bargain, rather than by a law, which will consider it invalid and inoperative."^ 1 L.R., 12 Q.B.D., 589, 600, 601; see also Westlake's Private International Law, fifth edition, p. 86. 2 British South Africa Co. v. De Beers Consolidated Mines Limited [1910], 1 Ch., at pp. 382-383 ; see also Lloyd v. Guibert, L.R., 1 Q.B., 115, 123 ; Peninsular 92 CONFLICT OF LAWS ^^- '^- By way of illustration of the above principles to be applied for determining, which system of law is to be treated as governing a contract, we may refer to contracts for the sale of '' futures " of cotton {i.e., a contract to deliver cotton at a specified future date for a specified price) ; these contracts are valid according to English law, but are or may be void according to the laws of some continental countries, as being in the nature of gambling transactions. In such a case, in determining, which system of law is to be treated as governing a contract of such a nature, the fact that the contract, if treated as governed by English law, will be valid, and, if treated as governed by the continental law in question, will be void, is a material factor, when considering which is the law to be applied to the contract. Compliance with the formalities prescribed by the lex loci contractus is generally sufficient for its external validity, and is necessary for the validity of a contract in England. (Westlake's Private Inteyiiational Law, fifth edition, pp. 295-296.) On the other hand, the capacity of a person to enter into a contract will generally be governed by the law of his domicile [lex domicilii) except {a) in the case of an ordinary mercantile contract, in which case the law of the country, in which the contract is made, will probably be applicable, or {b) in the case of a contract in respect of immovable property (/.e , land), in which case the lex situs is applicable. (See Dicey 's Convict of Laics, second edition, ch. xxv, rule 149, p. 534.) For further information on the above subject see Story's Conflict of Latvs, ch. viii., §§ 241, 273 ; Foote's Private International Law, third edition, ch. viii. and Oriental Steam Navigation Co. v. Shand. 3 Mos. P.O. (No. 5), 272, 292 ; Re Missouri Co., L.R., 42 Ch.D., 321; Haralyn and Co. v. Talisker Distillery. L.R. [1894], A.C., 202, 207-8, 212; Spurrier v. La Cloche, L.R. [1902] A.C., 446. CHAPTER YI. Jurisdiction of various Courts and Tribunals to MAKE Orders relating to Enemy Property and Disputes between Nationals of Opposing Powers, and the effect of such Orders made during the War. In the territories of most of the Powers, which are ^^- ^^• Peace Treaties parties to the Peace Treaties, it has been found necessary ^s to enem?*^' on the outbreak or during the course of the war to take Fn°countn^s^of *-' _ ^ all the Contract- over the control or custody of, or to Hquidate or other- ^°g Powers. wise deal with, enemy property, rights, and interests and, for this purpose, vesting orders, winding-up orders, and other orders aftecting such property, rights, and interests, were from time to time made either by the Courts of Justice or by Government Departments and other authorities. It was manifestly impossible to upset and annul all such orders and to undo all the effects thereof. The Treaties accordingly confirm all such orders, subject to the reservations contained in the Treaties, and thus preclude the nationals of the Allied and Associated Powers as well as the nationals of Germany, Austria, Hungary, and Bulgaria from disputing the validity of these orders or the jurisdiction of the Courts or authori- ties, by whom the orders were made.^ This chapter contains a brief summary of : of"chapt«-^""' 1. The effect and consequences of the orders made during the war^ on questions relating to contracts 1 § 1 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 93 94 ORDERS MADE BY ALLIED COURTS ch. VI. between nationals of Opposing Powers or relating to enemy property, by — (a) The Courts of the Allied or Associated Powers, {/>) German [Austrian, Hungarian, and Bul- garian] Courts, and (c) The Courts of neutral Powers, and 2. The jurisdiction to make orders relating to enemy property, and to disputes between nationals of Opposing Powers 7ioiv vested in — (a) The Courts of the Allied and Associated Powers, {[>) The German [Austrian, Hungarian, and Bulgarian] Courts, (c) The Courts of neutral Powers, and (d) The Mixed Arbitral Tribunal. Sec. I. Orders made by Courts of Allied Powers before the coming into force of the Treaties. Section I. — Orders made during War by Courts of Allied Powers in respect of Enemy Property OR OF Disputes between Nationals of Opposing Powers. Germany [Austria, Hungary, and Bulgaria] are respec- tively bound by the Treaties to recognise as final and to enforce all orders and judgments made and given by an English Court or a Court of any other Allied or Associated Power before the coming into force of the Treaties in all cases, in which such Court was under the Treaty competent to exercise jurisdiction.^ Thus orders, which have been made by any Court of an Allied or Associated Power with reference to enemy property belonging to a German [Austrian, Hungarian, or Bul- garian] national in the territory of such Power, and 1 Article 302 of the Treaty with Germany ; Article 254 of the Treaty with Austria; Article 2-37 of the Treaty with Hungary ; Article 185 of the Treaty with Bulgaria. ORDERS OF ALLIED PRIZE COURTS 95 which have the effect of depriving the proprietors ofg^^Y" such property of the power to dispose of the same, are by these Treaties declared to be final and binding.^ As to the jurisdiction of the High Court of Justice in England to deal with contracts between enemies, see infra the note (on p. 283) on Article 304 {h) of the Treaty with Germany. Germany [Austria, Hungary, and Bulgaria] have re- ^^^^11 ^^f ^y spectivelv, bv Article 440 of the Treaty with Germany Aiued Powers ir J ^ J -I -^ as to German [by Article 378 of the Treaty with Austria, Article 361 oftj^^'^S^or the Treaty with Hungary, and Article 296 of the Treaty shiS"^°' with Bulgaria], expressly bound themselves to accept and recognise as valid and binding all decrees and orders concerning German [Austro-Hungarian or Bulgarian] ships and German [Austrian, Hungarian, or Bulgarian] goods, and all orders relating to the payment of costs made by any Prize Court of Great Britain or any of the other Allied or Associated Powers, and have respectively undertaken not to put forward any claim arising out of such decrees or orders on behalf of any German [Austrian, Hungarian, or Bulgarian] national. Section II. — Present Jurisdiction of Courts of Allied Powers to deal with Enemy Property AND with Pre- War Contracts between Allied Nationals and Germans [Austrians, Hun- garians, OR Bulgarians]. The Allied and Associated Powers have by Art. 297 ^®°- "• {})) of the Treaty with Germany [Art. 249 (6) of the Treaty ^[euon i^'- with Austria, Art 232 ih) of the Treaty with Hungary, powers ' ^ ' -^ o ./ liquidate enemy and Art. 177 {b) of the Treaty with Bulgaria] expressly P'°p^''<^y- reserved the right to retain and liquidate all property, 1 Article 297 {d) of the Treaty with Germany; Article 249 [d) of the Treaty with Austria ; Article 232 [d) of the Treaty with Hungary ; Article 177 (d) of the Treaty with Bulgaria ; § 1 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria. 96 PRESENT JURISDICTION OF ALLIED COURTS Ch. VI., ritrhts, and interests, which, at the respective dates of the Sec. II. coming into force of the above-mentioned Treaties, be- longed to Germans [Austrians, Hungarians, or Bulgar- ians], or com2)aiiies controlled by Germans [Austrians, Hungarians, or Bulgarians], and are within the territories, colonies, possessions, or protectorates of such Allied and Associated Powers (including territories ceded to them by the Treaty), or under the Control of those Powers ; and these Treaties expressly provide that such liquidation will be carried out in accordance with the laws of the Allied and Associated Powers concerned, and accordingly the Courts of such Powers now have jurisdiction to make all such orders as are proper for the purpose of carrying out such liquidation. drctlonVf""^" Questions relating to pre-war contracts between pCwertodeai^ British subjects or the nationals of any of the other with disputes natSslnd*^ Allied Or Associated Powers, on the one hand, and trllns^'Him"'" Germaus [Austrians, Hungarians, or Bulgarians], on the garians, or Bui- . . . ^ garians. other hand, will, if they are under the laws of England or such other Power within the jurisdiction of the English Courts or the Courts of such other Allied or Associated Power, be decided by such Courts to the ex- clusion of the Mixed Arbitral Tribunal. However, in such a case, the party, who is a British subject or a national of one of the other Allied or Associated Powers, may bring the case before the Mixed Arbitral Tribunal (instead of the Court of his own country), if he is not precluded by the laws of his country from so doing. ^ If any of the questions submitted to an English Court or a Court of any of the other Allied or Associated Powers relates to any matter coming within Sections in., IV., v., or Vn., of Part X. of the Treaties with 1 Article 304 (b) of the Treaty with Germany ; Article 256 (h) of the Treaty with Austria ; Article 239 (6) of the Treaty with Hungary ; Article 188 (b) of the Treaty with Bulgaria. PEESENT JURISDICTION OF ALLIED COURTS 97 Germany, Austria, or Hungary, or of Part IX. of theCh^"^J' Treaty with Bulgaria, the Court should bear in mind, that its decision must be consistent with the provisions of those Sections and that, in the event of such decision being inconsistent with any of these provisions, the party, who is prejudiced thereby, may apply to the Mixed Arbitral Tribunal for redress.^ In all cases, in which Clearing Offices have been estab- i^urtstlZiL _- . Powers as re- lished by the adoption of Section III. of these Treaties, 1*^'^^^^^'"^ pre-war " enemy debts," {i.e., the pecuniary obligations as defined in § 2 of the Annex to Section III.) can only be recovered through the Clearing Offices. It is expressly provided, that the Contracting Powers, which have adopted Section III., shall prohibit (1) the payment and acceptance of enemy debts otherwise than through the Clearing Offices, and (2) all legal process within their territory relating to payment of " enemy debts in " accordance with the Annex to Section HI. Great Britain has, as regards enemy debts owing by Sl^i no fur'ij!'^ 1 1 r< diction to deal and to German and Austrian nationals, adopted bee- ^^^^3','.",^,"^^,. tion III., and several Orders in Council, having the force of ciearing°offiice. an Act of Parliament under the Treaty of Peace (Germany) Act, 1919 (9 and 10 Geo. V., cap. 33), and the Treaties of Peace (Austria and Bulgaria) Act, 1920 (10 Geo. V., cap. 6), declared that it shall not be lawful for any persons to take proceedings in any Court for the recovery of any enemy debt except in the circumstances provided under paragraphs 16, 23, and 25 of the Annex to Section III. {i.e., where the enemy debt is not recoverable through the Clearing Offices). It has accordingly been held by Russell J., in the case of Be H. A. Nierhaiis, A?i Enemy, that, as between British subjects and Germans, " enemy debts " can only be settled through the Clearing Office 1 Article 305 of the Treaty with Germany ; Article 257 of the Treaty with Austria ; Article 240 of the Treaty with Hungary ; Article 189 of the Treaty with Bulgaria. 7 98 ORDERS MADE DURING WAR BY ^^ y^' in England, and that all proceedings in the Courts of Justice in Engrland with reference to such debts are prohibited. The French Courts have delivered judgments to the same effect.^ pm^^'swwch^ Having regard to the above-mentioned provisions diction" to deal relatiuo: to the establishment of Clearing Offices, the with " enemy ^ *^^^^'" national Courts of Justice of the Allied or Associated Powers (other than Great Britain), which have adopted Section HI. of Part X. of the Treaty with Germany, Austria, or Hungary, or of Part IX. of the Treaty with Bulgaria, and established Clearing Offices, will likewise ]iave no jurisdiction to deal with " enemy debt," sucli debts being recoverable through the Clearing Offices and not otherwise. The Courts of such of the Allied or Associated Powers as have not established Clearing Offices can deal with claims relating to " enemy debts," if and so far as such Courts have, under the laws of the Power concerned, jurisdiction to do so. Section III. — Orders made during the War by German [Austrian, Hungarian, or Bulgarian] Courts in respect of Enemy Property or of Dis- putes between Allied Nationals and Germans [AusTRiANS, Hungarians, or Bulgarians]. maMAultn^In, Judgmeuts aud orders given or made by a German ^^Idurin [Austrian, Hungarian, or Bulgarian] Court, before the property swd coming into force of the Treaty with Germany [Austria, Hungary, or Bulgaria], for the purpose of giving effect to " exceptional war measures " (as defined by § 3 of the Annex to Section IV. of the Treaties) with respect to the property, rights, or interests of British subjects or nationals of any of the other Allied or Associated Powers 1 W.N. [1920], 134 ; 36, Times L.R.. 425 ; 55 L.J.. 134 ; 149 L.T.R., 233; see also Louis Levy c. Mayer ct Schmidt ; Meylein c. Waddy (Rec. des Dec des Trib. Arb. Mixtes, Vol. I., pp. 76-77). COURTS OF CENTRAL POWERS 99 will not be carried out after the comiiip; into force of the Ch. vi. . m • 1 1 • T 1 1 1 1 Sec. III. ireaties, but must be immediately stayed under the terms of the Treaties, and it is the duty of Germany [Austria, Hungary, or Bulgaria] to restore such property, rights, or interests, to the owners.^ If an order or judgment in respect of a dispute, which mal°[Aus^'i^n, d. I , , , . , Hungarian, or urinof the war, has been made or given bv a Bulgarian] , r> J Court during German [Austrian, Hungarian, or Bulgarian] Court (or if AUieTnawonai' .■,..■, , , , .. .. .- who was unable luclicial measures have been taken in invaded or occupied to make his " ^ ^ '■ defence. territories) against a British subject or against a national of any of the other Allied or Associated Powers, or a company or association, in Mdiich any British subject or one of such nationals was interested, such British subject or the national of such other Allied or Associated Power will (if unable to make his defence) be entitled to recover compensation, to be fixed by the Mixed Arbitral Tribunal, for any prejudice, which he may have suffered by reason of such order or judgment. Such compensation may (where possible) be effected by an order of the Tribunal replacing the parties in the situation occupied by them before the order or judgment.^ If a German [Austrian, Hungarian, or Bulgarian] fi^i^riL?,™" Court (while acting: within its competence) has given afarianicourV . . . ° ^ / O during the war decision on a dispute between a British subject or a ^|t*°g'^^^p^i*i^g^ national of any of the other Allied or Associated Powers, oe^an iTul trian, Hun- on the one hand, and a German [Austrian, Hungarian, or ^arian] where' Bulgarian] national, on the other hand, in a case covered siltent wuh°"' 1 ^ . TTT T-VT Sections III. to by Sections III., IV., v., or VII., and such decision is in- vii. of Treaties. consistent with any of the provisions of one or other of those sections, the party, who is prejudiced by the decision of that German [Austrian, Hungarian, or Bulgarian] Court, may obtain redress by applying to the Mixed Arbitral 1 Articles 297 (a) and 298 of the Treaty with Germauy ; Articles 249 (a) and 250 of the Treaty with Austria ; Articles 232 (a) and 233 of the Treaty with Hungary ; Article 177 (a) and 178 of the Treaty with Bulgaria. 2 Article 302 of the Treaty with Germauy; Ai'ticle 254 of the Treaty with Austria ; Article 237 of the Treaty with Hungary ; Article 185 of the Treaty with Bulgaria. 100 ORDERS OF ENEMY PRIZE COURTS Ch. VI.. Tribunal. If the applicant is a British subject or the Sec. III. ^^ • 1 Ti national of any of the other Allied or Associated Towers, the redress may, whenever possible, be effected by the Tribunal directing the replacement of the parties in the position occupied by them before the decision of the German [Austrian, Hungarian, or Bulgarian] Court/ mS'luIwau, Great Britain and the other Allied and Associated Buig!n"n°prize Powers have reserved to themselves power to examine. Courts. _ - , . in such manner as they may determine, all the decisions and orders of German [Austrian, Hungarian, or Bulgarian] Prize Courts, whether affecting the property rights of nationals of those Powers or of neutral Powers, and . Germany [Austria, Hungary, and Bulgaria] have respec- tively bound themselves by the Treaty to furnish copies of all the documents constituting the record of the cases (including the decisions and orders made) and to accept and give effect to the recommendations made after the examination of the cases.^ Section IV. — Limitation of Present Jurisdiction of German [Austrian, Hungarian, and Bulgarian] Courts. German [Aus- The German [Austrian, Huns^arlan, and Bulgarian] trian, Hun- l ' o cd -• ISicour^ts^' Courts have no jurisdiction to determine questions dteUonVoTeli relating to (1) contracts concluded before the coming witli questions O ' iS^rols'm!" into force of the Treaty with Germany [Austria, Hungary, p°artx.°of or Bulpfaria] between British subiects or the nationals of Treaty with to J o S'or h™"" any of the other Allied or Associated Powers, of the one ix.^of the"* ''"^ part, and Germans [Austrians, Hunsrarians, or Bulgarians], Treaty with 1 ' "- ^ . . , . , Bulgaria. of the other part, or (2) any questions coming within the competence of the Mixed Arbitral Tribunal under Sections III., IV., v., or VII., of Part X. of the Treaties with 1 Article 305 of the Ti-eaty witli Germany ; Article 257 of the Treaty with Austria ; Article 210 of the Treaty with Hungary; Article 189 of the Treaty with Bulgaria. 2 Article 440 of the Treaty with Germany ; Article 378 of the Treaty with Austria ; Article 361 of the Treaty with Hungary ; Article 290 of the Treaty with Bulgaria. JURISDICTION OF NEUTRAL COURTS 101 Germany, Austria, or Hungary, or of Part IX. of the ggg/^vl Treaty with Bulgaria. These questions will (except in cases in which they are decided by a British Court, or a Court of one of the other Allied or Associated Powers, or of a neutral Power) be determined by the Mixed Arbitral Tribunal.^ The German [Austrian, Hungarian, and Bulgarian] Courts have no jurisdiction to deal with claims relating to the payment of " enemy debts " in any case, in which such debts are recoverable through Clearing Offices established pursuant to the provisions of Section HI. and the Annex thereto. Section V. — Jurisdiction of Courts of Neutral Powers to deal ^vith Disputes relating to Pre - War Contracts between an Allied National and a German [Austrian, Hun- garian, OR Bulgarian], Some pre-war contracts between British subjects or ^^J^f^\°courts the nationals of any other Allied or Associated Power, on Jfre'^wa^con- . . tracts between the one hand, and Germans [ Austrians, Huno^arians, or Aiued nationals ' L ' a ' and Germans Bulgarians], on the other hand, are subject to the juris- Hungarians, or /^ n iT~» 1/1* Bulgarians]. diction of the Courts of neutral Powers, and (subject to the right of the parties to such contract, who are nationals of an Allied or Associated Power, to bring the case before the Mixed Arbitral Tribunal) all questions relating to such contracts will be decided by the Courts of the neutral Power concerned to the exclusion of the Mixed Arbitral Tribunal.^ The Peace Treaties appear, however, to authorise a national of any Allied or Associated Power to oust the jurisdiction of the Court of the neutral Power in such a 1 Article 304 of the Treaty with Germany ; Article 256 of the Treaty with Austria ; Article 239 of the Treaty with Hungary ; Article 188 of the Treaty with Bulgaria. 2 Article 304 {b) of the Treat}' with Germany ; Article 256 (&) of the Treaty with Austria; Article 239 (6) of the Treaty with Hungary ; Article 188 {b) of the Treaty with Bulgaria. 102 JURISDICTION OF NEUTRAL COURTS ch.vi., case, and to require any question arising on such a contract (though within the ordinary jurisdiction of the Court of the neutral Power) to be decided by the Mixed Arbitral Tribunal. Hence, if a German [Austrian, Hungarian, or Bulgarian] takes proceedings against a national of an Allied or Associated Power before a Court of a neutral Power with reference to such a contract, the defendant would appear (unless expressly prohibited from so doing by the laws of his country) to have a right, of which the Court of the neutral Power would (it is submitted) be bound to take cognizance, to have the case removed from the neutral Court, in which the proceedings were instituted, to the Mixed Arbitral Tribunal. dedsionfrf'* If a Court of a neutral Power has during the war Power? "*'" '"' given, or shall hereafter give, a decision in any case covered by Section IH. (Debts), Section IV. (Private Property, Rights, or Interests), Section V. (Contracts, Prescriptions, Judgments), or Section VII. (Industrial, Literary, and Artistic Property), and such decision is inconsistent with the provisions of any of these Sections, the party, who is prejudiced by such a decision, is entitled to obtain redress by applying to the Mixed Arbitral Tribunal.^ S.°^l*8h'ou}d'''^ While dealing with the effect of the Treaties on the debtrrecover?' jurisdiction of neutral Courts to decide disputes relating able through "^ • i r» i a i t i Clearing Offices. |.q pi^e-war coutracts betwecu nationals of the Allied or Associated Powers, on the one hand, and Germans [Austrians, Hungarians, or Bulgarians], on the other hand, reference should be made to the difficult question as to whether a branch business, which was carried on during the war in a neutral country by servants acting on behalf of a German [Austrian, Hungarian, or Bulgarian] residing in Germany [Austria, Hungary, or Bulgaria], 1 Article 305 of the Treaty with Germany ; Article 257 of the Treaty with Austria ; Article 240 of the Treaty with Hungary ; Article 189 of the Treaty with Bulgaria. JURISDICTION OF NEUTRAL COURTS 103 should for the purpose of Article 296 of the Treaty with secV Germany [or for the purpose of the corresponding Articles of the Treaties with Austria, Hungary, and Bulgaria] be treated by a neutral Court as a German [Austrian, Hungarian, or Bulgarian] national residing in Geimany [Austria, Hungary, or Bulgaria], so that debts owing by such branch business to a British subject residing in Great Britain, or owing by a British subject residing in Great Britain to such branch business, would have to be paid through the Clearing Offices, and should accordingly be treated by a neutral Court as not en- forceable by it. The above question is open to doubt ; there are, it is submitted, good grounds for contend- ing that, where a branch business, which is run in a neutral country by servants of a German residing in Germany, has become a creditor of, or a debtor to, a British subject residing in England, the moneys so owing should be treated by the Courts of such neutral country as an "enemy debt," and should accordingly be settled through the Clearing Offices in England and Germany. On the other hand, if the branch business above referred to was owned by a separate company, incorporated under the laws of the neutral country, it would (even if all the shares in the company were the property of a German residing in Germany) appear to be open to some doubt whether the neutral Court would feel bound to treat the moneys owing by or to such company as an " enemy debt," as the neutral Court might hold that the company was not residing in German territory. Section YL — Jurisdiction of the Mixed Arbitral Tribunal. Except in cases, in which (as we have seen above) an Sd Arbun/i English Court, or a Court of one of the other Allied or with contracts. Associated Powers, or a Court of a neutral Power, has Ch. VI., Sec. VI. other than con- tracts. 104 MIXED ARBITRAL TRIBUNAL jurisdiction to deal with the same, all questions whatso- ever relating to contracts concluded before the coming into force of the Treaties with Germany, Austria, Hungary, and Bulgaria between British subjects or nationals of any of the other Allied or Associated Powers, on the one hand, and Germans [Austrians, Hungarians, or Bulgarians], on the other hand, will be decided by the Mixed Arbitral Tribunal, which will be constituted and will conduct its proceedings in the manner prescribed by Section YL of Part X. of these Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulg-aria. MTxfdAriTtrfi I^ additiou to the above-mentioned questions, the with matters ' Mlxed Arbitral Tribunal has jurisdiction under PartX. of the Treaties with Germany, Austria, and Hungary, and Part IX. of the Treaty with Bulgaria to finally and con- clusively deal with the following matters : (a) Debts settled through the Clearing Offices : (i.) Disagreement between the two Clearing Offices as to whether a debt is due (§ 16 of Annex to Section III. of the Treaties), (ii.) Diffi3rences between an enemy debtor and an enemy creditor (§ 16 of Annex to Section III. of the Treaties), (iii.) Differences between the Clearing Offices (on a question other than the existence of a debt). (§ 16 of Annex to Section III. of the Treaties.) (/>) The assessment of the amount of compensation payable to a British subject or to a national of any other of the Allied or Associated Powers in respect of damage or injury inflicted on his property, rights, or interests in Germany [or in the former Austrian Empire or in Bulgaria] by the application of any " exceptional war measures " or MIXED ARBITRAL TRIBUNAL 105 " measures of transfer " (as defined in § 3 of the gec.^V. Annex to Section IV. of the Treaties). (c) The appointment of an arbitrator by the Mixed Arbitral Tribunal to assess the amount of the claims growing out of the acts committed by the German Government or the German authorities since July 31, 1914 [or by the former Austro- Hungarian Government, or by any Austrian authorities since July 28, 1914, or by the Bulgarian Government, or by any Bulgarian authorities since October 11, 1915], and before the Allied or Associated Power concerned entered into the war (§ 4 of the Annex to Section IV. of the Treaties). (d) The grant of compensation payable to a party to a contract, which is kept alive in the general in- terest by the Government of one of the Allied or Associated Powers.^ (e) Order the restoration of rights or award compen- sation to a British subject or a national of any other Allied or Associated Power, if he has been prejudiced by measures of execution taken in Germany [or in the former Austrian Empire or Kingdom of Hungary or in Bulgaria] on account of failure on his part to perform any act or comply with any formahty during the war.^ (/) Order the restoration of rights or award compen- sation to a British subject or a national of any other AlHed or Associated Power, if he has been prejudiced by the dissolution of a contract by reason of failure on the part of either party to 1 Article 299 {b) of the Treaty with Germany ; Article 251 {b) of the Treaty with Austria ; Article 234 (6) of the Treaty with Hungary ; Article 180 (6) of the Treaty with Bulgaria. 2 Article 300 (6), (c) of the Treaty with Germany ; Article 252 {b), {c) of the Treaty with Austria ; Article 235 {b), (c) of the Treaty with Hungary ; Article 183 (6), (c) of the Treaty with Bulgaria. 106 MIXED ARBITEAL TRIBUNAL Sec. vi'. carry out its provisions or of the exercise of a right stipulated in the contract itself^ {g) Order the restoration of parties to their former position or compensation on the appHcation of a British subject or the national of any other Allied or Associated Power, if he was not able to make his defence and he has suffered prejudice by a judgment or measure of execution given or ordered by a German [Austrian, Hungarian, or Bulgarian] judicial authority in respect of a dispute which arose during the war.^ (h) The determination of the conditions, on which a new licence is to be granted by {or to) a German [Austrian, Hungarian, or Bulgarian] national to {or by) a British subject or a person residing in Great Britain, or to {or by) a national of or person residing in the territory of any other Allied or Associated Power (except the United States of America), in cases in which the original licence in respect of rights of industrial, literary, or artistic property was acquired under the law of Germany [the former Empire of Austria or Kingdom of Hungary or Bulgaria], and is treated as cancelled under the provisions of the Treaty.^ Each of the signatory Powers of the Treaty is bound by § (//) of Article 304 of the Treaty with Germany [and by § (//) of the corresponding Articles of the Treaties with Austria, Hungary, and Bulgaria] to 1 Article 300 (d) of the Treaty with Germany ; Article 252 {d) of the Treaty with Austria ; Article 235 {d) of the Treaty with Hungary ; Article 183 {d) of the Treaty with Bulgaria. 2 Article 302 of the Treaty with Germany ; Article 25 i of tlie Treaty with Austria ; Article 237 of the Treaty with Hungary ; Article 185 of the Treaty with Bulgaria. 3 Article 310 of the Treaty with Germany ; Article 262 of the Treaty with Austria ; Article 245 of the Treaty with Hungary ; Article 193 of the Treaty with Bulgaria. MIXED ARBITRAL TRIBUNAL 107 reo-ard the decisions of the Mixed Arbitral Tribunal as 2^- Y,V o Sec. VI. final and conclusive, and to render them binding upon their nationals.^ So far as Great Britain is concerned, the decisions of the Mixed Arbitral Tribunals as between Germans [Austrians, and Bulgarians] and British subjects have been made binding by several Orders in Council, which provide that these decisions shall be binding on all Courts. As regards the procedure to be adopted by the Mixed bef°ore the Arbitral Tribunals and the formalities to be complied with Tribunal. by the parties appearing before it, each such Tribunal has a perfectly free hand to settle its own procedure, provided that it shall be "in accordance with justice and equity." ^ The Tribunal may (1) direct the unsuccessful party to pay the costs of the proceedings,'^ and (2) decide the order and time, at which each party must conclude its arguments, and (3) arrange all formalities required for deallno;- with the evidence.^ The arguments in support of or in defence of each case may be presented to the Tribunal either orally or in writing by the agent or counsel of each of the parties.^ The evidence and information furnished by the parties 1 Article 304 (g) of the Treaty with Germany ; Article 256 (g) of the Treaty with Austria ; Article 239 {g) of the Treaty with Hungary ; Article 188 {g) of the Treaty with Bulgaria. The decisions of the Mixed Arbitral Tribunals are made binding in Germany by a law passed on August 10, 1920, No. 7724 (see infra, p. 308). 2 Article 304 {d) of the Treaty with Germany ; Article 256 of the Treaty with Austria ; Article 239 (d) of the Treaty with Hungary ; Article 188 {d) of the Treaty with Bulgaria ; and § 2 of the Annex of each of these Articles. 3 Article 304 {d) of the Treaty with Germany ; Article 256 (d) of the Treaty with Austria ; Article 239 {d) of the Treaty with Hungary; Article 188 {d) of the Treaty with Bulgaria, * § 2 of Annexes to Article 304 of the Treaty with Germany ; Article 256 of the Treaty with Austria ; Article 239 of the Treaty with Hungary ; and Article 188 of the Treaty with Bulgaria. ^ § 3 of the Annexes to Article 304 of the Treaty with Germany ; Article 256 of the Treaty with Austria ; Article 239 of the Treaty with Hungary ; and Article 188 of the Treaty with Bulgaria. 108 MIXED ARBITKAL TRIBUNAL ch. VI.. concerned will be the evidence, on which the decisions of Sec. VI. . ' the Tribunal will be based/ The Anglo- German Mixed Arbitral Tribunal has prepared a set of rules, which will regulate proceedings taken before them. These rules are set out at length in Appendix IV. (See infra, pp. 324-337.) proceeding^ "^^^ procecdiugs before the Anglo- German Mixed Geralnilfixed Arbitral Tribunal, as prescribed by the above-mentioned Arbitral Tt ^ • • Tribunal. Rulcs, maj be briefly summarized as follows : 1. The Claimant lodg^es with the Secretariat of the Tribunal what is called " the Memorial " — that is to say : (a) Particulars as to the Claimant and Respondent. {h) A concise statement of the material facts affect- ing the same, (c) Copies of the documents which are material to the claim. In addition to the Memorial, six printed or type- written copies of the Memorial will be lodged with the Secretariat. 2. The Secretariat will transmit one copy to the Government Agent of the Claimant and two copies to the Government Agent of the Respondent, which last- mentioned Agent will cause one copy to be served on the Respondent. 3. The Respondent will present his answer (/.e., his defence) to the Secretariat within sixty days after the receipt of the memorial by the Government Agent of the Respondent. 4. The Respondent will deliver to the Secretariat the following documents with his answer : [a) The answer {i.e., his defence to the claim), which should raise any objection to the jurisdiction, which it is desired to raise, but should not make ^ § 6 of tlie Annexes to Article 304 of the Treaty with tiermany ; Article 2f)6 of the Treaty with Austria ; Article 239 of the Treaty with Hungary ; and Article 188 of the Treaty with Bulgaria. MIXED AKBITRAL TRIBUNAL 109 a counter-claim against the Claimant. Any claim, ^^^ "^j- which the Respondent wishes to make against the Claimant, should be made as a separate claim. (h) A concise statement of facts, disputing, where necessary, the statements in the Claimant's state- ment of facts, (c) Copies of all documents relied on by the Respondent. The above documents are collectively called "the Response." The Response and six typed or printed copies thereof should be supplied to the Secretariat. 5. The Secretariat will send one copy of the Response to each of the following persons, namely : (a) the Claimant, (b) the Government Agent of the Claimant, and (c) the Government Agent of the Respondent. 6. If the Claimant desires to answer the facts alleged in the Response, he must send to the Secretariat his " Reply" and six copies thereof within thirty days from the receipt by him of the Response. If the Claimant merely wishes to deny the facts alleged in the Response, it will not be necessary to send any Reply. A copy of the Reply will be sent by the Secretariat to the Respondent, who may, in his turn, send a " Rejoinder," if he wishes to deny the facts alleged in the Reply. 7. The Secretariat will inform the respective Govern- ment Agents and parties, when the written proceedings are closed. 8. Within twenty days after notice of the closing of the written proceedings the parties will send to the Secretariat a statement of the witnesses, whose testimony they desire. The Tribunal will determine where, when, and how the evidence shall be taken, and give directions as to the inspection of books and documents by the parties. The Tribunal may of its own motion require evidence on any point to be produced. 110 MIXED ARBITRAL TRIBUNAL ch. VI., 9. After the written proceedings are closed, any Sec VI 1 party or either of the Government Agents may submit a reasoned argument In writing, but this should be left at the Secretariat not less than ten days before the date fixed for the hearing. Such argument will not preclude them from adducing oral evidence. 10. On the conclusion of all preliminary matter the date and place of hearing will be fixed, and the Govern- ment Agents and the parties will be informed. 11. The hearing will be public, and the case may be presented by the parties themselves or by counsel. 12. The parties may themselves give evidence and call witnesses. There is a right to cross-examine witnesses. A party to a case will not be compelled to give evidence, unless the Tribunal shall have given leave to so compel him or the Tribunal shall itself have required him to ffive evidence. 13. If a party fails to appear, the case may be proceeded with in his absence. 14. Either Government may conduct the case of its national through its Agent, who may appear in person or by counsel. 15. A party requiring to prove a fact may give notice to the other party to admit or dispute the fact. A party declining to admit a fact, which is afterwards established, may be mulcted in costs by the Tribunal. 16. The Tribunal may, if the parties agree, determine a case upon admitted facts. 17. The decision of the Tribunal will be drawn up and registered, and copies thereof will be sent by the Secretariat to the parties and Government Agents. The decision will also deal with the costs and expenses. The Tribunal has power to correct any slip in its decisions and to stay execution (where it is proper to do so). The Tribunal has power to permit amendments of Tribunal. MIXED ARBITRAL TRIBUNAL 111 written proceedings and to relax the compliance with gec.^i the Rules, and also power to alter and add to the Rules. By virtue of the Treaty of Peace (Amendment) Order, Ifr/undJruke 1 • /-N •! 1 T to conduct case 1920, beincr an Order m Council made on June 28, 1920, oubehaifof ' & British subject and by § 1 (xxii.) of the Treaty of Peace (Austria) Order, 1^=^ '"'' 1920, and § 1 (xv.) of the Treaty of Peace (Bulgaria) Order, 1920, the Board of Trade is authorised to under- take on behalf of a British national the presentation to and conduct before the Mixed Arbitral Tribunal of any claim, difference, or dispute referable to the Tribunal under the provisions of Sections IV., V., and VII., of Part X. of the Peace Treaties with Germany, Austria, and Hungary, and of Part IX. of the Treaty with Bulgaria, and may make regulations with the consent of the Treasury in respect of the fees to be charged in respect of such services. The Franco-German, Germano-Belgian, and Greco- iSnanT . Greek Mixed German Mixed Arbitral Tribunals have respectively ^rbitr^ai^^ framed Rules of Procedure, which are set out at length in the Recueil des Decisions des Tribunaux Arbitraux Mixtes.i ^Vol. I., pp. 33-73. The office of the editor of this publication is at 20 Rue Soufflot, Paris. Rules of French, CHAPTER VII. Compensation recoverable by Nationals of Allied OR Associated Power from Germany, Austria, Hungary, Bulgaria, and Turkey for Injuries to Person or Property. ch. VII. The Treaties with Germauy, Austria, and Hungary pro- recoverabie by yidc for the pavn^eut of compensation by the Govern- Allied nationals i. J J- "^ AuSria™^' ments of those Powers to nationals of each AUied or ' ^'''^^" Associated Power for damage in respect of : {a) Personal injuries suffered by nationals of such Allied or Associated Power and caused by Ger- many (or Austria-Hungary) or her Allies, and [h) Injury to or destruction of property belonging to nationals of such Allied or Associated Power and caused by the acts of Germany (or Austria- Hungary) or her Allies. For*^eXii°'' Where a national of an Allied or Associated Power damage to pro- deslres to recover from Germany, Austria, or Hunefary perty caused by "^ o ./ acts of war. compeusatlon for personal injuries or for damage to or destruction of his property caused by acts of loar done during the period of belligerency of such Allied or Associated Power, he will have recourse to the provisions of Part yni. (headed "Reparation") of the Treaties with those countries.^ The cases, in which compensation may be claimed by nationals of an Allied or Associated Power against Ger- many [Austria, or Hungary] under the above-mentioned Part Vin. of the Treaties with Germany, Austria, or 1 Articles 2:31-214 of tlie Treaty with Geniuuiy ; Articles 177-190 of the Treaty Avith Austria ; Articles 161-174 of the Treaty with Hungary. 112 GOVEKNMENT COMPENSATION FOR INJURY 113 Hungary, in respect of acts of war done during the ^^- "^"• period of belligerency, are set out in the Annex to Section I. of Part VIIL, and are as follows : (1) Damage to injured persons and to surviving depen- dents by personal injury to or death of civilians caused by acts of war, including bombardments or other attacks on land, on sea, or from the air, and all the direct consequences thereof, and of all operations of war by the two groups of belligerents wherever arising. (2) Damage caused by Germany [Austria, or Hungary] or her Allies to civilian victims of acts of cruelty, violence, or maltreatment (including injuries to life or health as a consequence of imprisonment, deporta- tion, internment or evacuation, of exposure at sea, or of being forced to labour, wherever arising), and to the surviving dependents of such victims. (3) Damage caused by Germany [Austria, or Hungary] or her Allies in their own territory or in occupied or invaded territory to civilian victims of all acts injurious to health or capacity to work, or to honour, as well as to the surviving dependents of such victims. (4) Damage caused by any kind of maltreatment of prisoners of war. (5) As damage caused to the peoples of the Allied and Associated Powers, all pensions and compensa- tion in the nature of pensions to naval and military victims of war (including members of the air force) whether mutilated, wounded, sick, or invalided, and to the dependents of such victims, the amount due to the Allied or Associated Governments being calculated for each of them as being the capitalised cost of such pensions and compensation at the date of the coming into force of the said Treaties respec- 114 GOVERNMENT COMPENSATION FOR INJURY ^^- ■^"' tively on the basis of the scales in force in France at such date. (6) The costs of assistance by the Governments of the AlHed and Associated Powers to prisoners of war and to their famihes and dependents. (7) Allowances by the Governments of the Allied and Associated Powers to the families and dependents of mobilised persons or persons serving with the forces, the amount due to them for each calendar year, in which hostilities occurred, being calculated for each Government on the basis of the average scale for such payments in force in France during that year. (8) Damage caused to civilians by being forced by Germany [Austria, or Hungary] or her Allies to labour without just remuneration. (9) Damage in respect of all property, wherever situated, belonging to any of the Allied or Asso- ciated States or their nationals, with the exception of naval and military works or materials, which has been carried oflP, seized, injured, or destroyed by the acts of Germany [Austria, or Hungary] or her Allies on land, on sea, or from the air, or damage directly [caused ?] in consequence of hostilities or of any operations of war. (10) Damage in the form of levies, fines, and other similar exactions imposed by Germany [Austria, or Hungary] or her Allies upon the civilian population. The amount of compensation payable by Germany (or Austria, or Hungary), under any one or more of the above heads, will be determined by the Reparation Commission, which will be constituted in the manner and will have the powers specified in various Annexes to Section I. of Part Vin. of the Treaties. When the amounts of the compensation payable by TO PERSON AND PfiOPERTY 115 Germany, Austria, and Hungary respectively have been ch. vn. ascertained, the Reparation Commission will draw up schedules of the payments to be made by Germany, Austria, and Hungary respectively, prescribing the time and manner for securing and discharging the entire amount of compensation payable by Germany, Austria, and Hungary respectively within a period of thirty years from May 1, 1921/ Provision has been made by Section I. ofPart VIH. of forTictTdonTby „ Germany or the Treaties with Germany, Austria, and Hungary loi" ^U8|;ria-^ ^^ the payment by these countries of compensation in cases, Sl&owir^ . . f. entered into in which damage to the property, rights, or interests oi war. an Allied or Associated Power has been caused by acts of war done by the German or Austro-Hungarian forces after such Allied or Associated Power had entered into the war. This provision accordingly gives no relief in respect of acts done before such entry into the war. In order to secure compensation to nationals of an Allied or Associated Power in respect of acts committed : {a) By the German Government or any German authorities after July 31, 1914 {i.e., the date of the commencement of the war by Germany). [b) By the Austro-Hungarian Government or any Austrian or Hungarian authorities after July 28, 1914 {i.e., the date of the commencement of the war by Austria-Hungary), or (c) By the Bulgarian Government or any Bulgarian authorities after October 11, 1915 (the date of the commencement of the war with Bulgaria), but before such Allied or Associated Power entered into the war. Clause 4 of the Annex to Section IV. of Part X. of the Treaties with Germany, Austria, and 1 Article 233 *of tlie Treaty with Germany; Article 170 of the Treaty with Austria ; Article 163 of the Treaty with Hungary. 116 GOVERNMENT COMPENSATION FOR INJURY ch. VII. Hungary, and of Part IX. of the Treaty with Bulgaria provides, that each of the Alhed and Associated Powers may secure the amount of the claims growing out of such acts (which amount is to be assessed by an arbitrator to be appointed by Mons. Ador or by the Mixed Arbitral Tribunal) by a charge upon the property, rights, and interests belonging (according to the circumstances of the case) to Germans or the nationals of the former Austrian Empire or Kingdom of Hungary or Bulgaria within the territory of such Allied or Associated Power. ForTmag""" Where the property, rights, or interests of a national exceptional war of au AlUcd or Associated Power in German, Austrian, measures in AuXrirf' Hungarian, or Bulgarian territory has or have been BuigS"' subjected in Germany, in the former Austrian Empire or Kingdom of Hungary or in Bulgaria to " exceptional war measures," or "measures of transfer" (as defined in § 3 of the Annex to Section IV.), such national will, according to the circumstances of the case, be entitled to recover from the German (Austrian, Hungarian, or Bulgarian) Government compensation in respect of the damage or injury inflicted on such property, rights, or interests by reason of the application of measures. The amount of such compensation will be determined by the Mixed Arbitral Tribunal or by an arbitrator appointed by that Tribunal. The property, rights, and interests of Germans or nationals of the former Austrian Empire, or Kingdom of Hungary or Bulgarians within the territory, or under the control of any Allied or Associated Power may under the Peace Treaties^ be charged and have (so far as Great Britain is concerned) by Orders in Council been charge with the amount of such compensation.^ ^ See Article 297 {e) of Treaty witli Geriimny ; Article 249 (t) of Treaty with Austria; Article 232 (c) of Treaty with IJungary ; Article 177 (e) of Treaty with Bulgaria. 2 Section I. (xvi.) of the Treaty of Peace Order, 1919 ; Section I. (ix.) of the Treaty of Teace (Austria) Order, 1920 ; Section I. (1) of the Treaty of Peace (Bularia") Order, 1920. TO PERSON AND PROPERTY 117 Having regard to the wide terms used in Article 297 ^^" ^^^• (e) of the Treaty with Germany and in the corresponding articles in the other Treaties, any damage or injury to property, such as loss or damage suffered by reason of a sale at an undervalue, or by reason of the closing down of a business, or by reason of the depreciation of j)roperty through negligence, would appear to give a right to a national of an Allied or Associated Power to recover compensation, provided, of course, that proper evidence is laid before the Mixed Arbitral Tribunal (or the arbitrator appointed by it) proving the damage or injury. The Hungarian Government is by virtue of the pro- visions in the last paragraph of Article 232 (k) of the Treaty* with Hungary subject to the further liability to pay to the nationals of the Allied and Associated Powers compensation for damage to their property, rights, and interests, which have been subjected since November 3, 1918, to injurious measures, effected as the result of the laws or regulations, or of acts of violence on the part of the de jure or de facto authorities, which existed in Hungary, or of the Hungarian population. The Treaty with Turkey makes the following pro- gy^aEf °'' visions contained in Part VIII. (Financial Clauses) for Aiued nationals ^ ' for loss or the payment of compensation for loss or damage suffered pe^oror^ by Allied nationals in respect of their persons or property : Article 235. "The Turkish Government engages to pay, in ac- g^.Ef °'' " cordance with the provisions of the present Treaty, for Aiued ■■■ i. J nationals. "all loss or damage, as defined in Article 236, suffered " by civilian nationals of the Allied Powers, in respect of " their persons or property, through the action or negli- " gence of the Turkish authorities during the war and up " to the coming into force of the present Treaty. ^ See infra, pp. 153-154. 118 GOVERNMENT COMPENSATION FOR INJURY Ch. VII. Security for and mode of payment of compeusation payable by Turkey to AUied nationals. Article 23 G. " All the resources of Turkey, except the reveuues " conceded or hypothecated to the service of the Ottoman " Public Debt (specified in the Annex to Part VIII.) "shall be placed at the disposal of the Financial Com- " mission/ which shall employ them, as need arises, in " the followinof manner : " (i.) The first charge (after payment of the salaries ** and expenses of the Financial Commission " and of the ordinary expenses of such Allied " forces of occupation as may be required after " the coming into force of the present Treaty " in territories remaining Turkish) shall be the " expenses of the Allied forces of occupation "since October 30, 1918, in territory remaining " Turkish, and the expenses of Allied forces of oc- " cupation in territories detached from Turkey in " favour of a Power other than the Power which "has borne the expenses of occupation. *' The amount of these expenses and of the " annuities by which they shall be discharged " will be determined by the Financial Commis- " sion, which will so arrange the annuities as "to enable Turkey to meet any deficiency that " may arise in the sums required to pay that " part of the interest on the Ottoman Public " Debt for which Turkey remains responsible in " accordance with this Part. " (ii.) The second charge shall be the indemnity which "the Turkish Government is to pay, in ac- " cordance with Article 235, on account of the ^ This Commission consists of a ro[iresentative of each of the following Powers — viz., France, the Britisli Empire, and Italy, with whom is associated a Turkish Commissioner in a consultative capacity (Article 231). TO PERSON AND PROPERTY 119 " claims of the Allied Powers for loss or damage ^^- "^"• " suffered in respect of their persons or property " by their nationals (other than those who *' were Turkish nationals on August I, 1914) as "defined in Article 317/ Part IX. (Economic " Clauses), through the action or negligence of " the Turkish authorities during the war, due " regard being had to the financial condition of " Turkey and the necessity of providing for the " essential expenses of its administration. The " Financial Commission shall adjudicate on and " provide for payment of all claims in respect of " personal damage. The claims in respect to " property shall be investigated, determined, "and paid in accordance with Article 287,^ "Part IX (Economic Clauses). The Financial " Commission shall fix the annuity to be applied " to the settlement of claims in respect of " persons as well as in respect of property, " should the funds at the disposal of the Allied "Powers, in accordance with the said Article "287, be insufficient to meet this charge, and "shall determine the currency in which the "annuity shall be paid." If property, rights, or interests situated in territory, which was under Turkish sovereignty on August 1, 1914, and belonging to nationals of an Allied Power, has been damaged or injured, whether they have been seized or not, the owner is, under Article 287, entitled to compen- sation. That Article further provides that claims made in this respect by nationals of Allied Powers or by com- panies controlled by them shall be investigated and the total of the compensation shall be determined by an Arbitral Commission to be appointed by the Council of ^ See infra, p. 185. ^ See infra, p. 166. Ch. VII. 120 GOVERNMENT COMPENSATION the League of Nations. Tlie compensation will be borne by the Turkish Government and may be charged upon the property of Turkish nationals within the territory or under the control of the Claimant's State. So far as it is not met from this source, it will be satisfied out of the annuity referred to in Article 23 G (ii.) set out above. CHAPTEK VIII. Government Securities issued by Germany, Austria, Hungary, Bulgaria, and Turkey. As Germany, Austria, HuDgary, Bulgaria, and Turkey ch. viii., have, under the terms of the Peace Treaties recently signed Apportionment by them, been compelled to surrender a considerable part for Government •J i- ■>• securities. of their territories either to New States or to some of the other Allied Powers, it has been necessary to provide (as is customary in such cases) that, as between Germany, Austria, Hungary, Bulgaria, and Turkey, on the one hand, and the New States or the Allied Powers, to whom such territories had been surrendered, on the other hand, the responsibility for the payment of the pre-war debts of the German, Austro - Hungarian, Bulgarian, and Turkish Governments, shall be apportioned in proportion to the extent and importance of the territory surrendered. Section I. — German Government Securities. As regards the German Government Securities, the meuTOTitS! following provisions are made by Articles 254 and 255 of the Peace Treaty with Germany for the apportionment of the responsibility for such securities : Article 254. "The Power to which German territory is ceded shall. Peace Treaty^ " subiect to the qualifications made in Article 255, under- (providing W " J- api^ortionment " faVp "l-n -nnAr • of German Cd-Ke LO pd«y . Government " (i.) A portion of the debt of the German Empire "as it stood on August 1, 1914, calculated on e ra 121 " the basis of the ratio between the average for 122 GEEMAN GOVERNMENT SECURITIES ^^;.™' " the three financial years 19J 1, 1912, 1 913, of " such revenues of the ceded territory, and the " average for the same years of such revenues " of the whole German Empire as in the judg- *' ment of the Keparation Commission are best " calculated to represent the relative ability of *' the respective territories to make payment ; " (ii.) A portion of the debt as it stood on August 1, "1914, of the German State to which the ceded *' territory belonged, to be determined in ac- " cordance with the principle stated above. " Such portions shall be determined by the Keparation " Commission, " The method of discharging the obligation, both In " respect of capital and of interest, so assumed shall be " fixed by the Reparation Commission. Such a method " may take the form, inter alia, of the assumption by the " Power to which the territory is ceded of Germany's " liability for the German debt held by her nationals. But " in the event of the method adopted involving any pay- " ments to the German Government, such payments shall " be transferred to the Reparation Commission on account " of the sums due for reparation so long as any balance in " respect of such sums remains unpaid. Article 255. peace\"euty* " (1) As au exceptlon to the above provision", and in- with Germany. , • -i o i-r i /-< r> -x t i "asmuch as ni 1871 Germany refused to undertake any " portion of the burden of the French debt, France shall be, " in respect of Alsace-Lorraine, exempt from any payment " under Article 254. " (2) In the case of Poland that portion of the debt " which, In the opinion of the Reparation Commission, is " attributable to measures taken by the German and " Prussian Governments for the German colonisation of AUSTRO-HUNGARIAN GOVERNMENT SECURITIES 123 " Poland shall be excluded from the apportionment to be ^^^ ™ ' "made under Article 254. " (3) In the case of all ceded territories other than " Alsace-Lorraine, that portion of the debt of the German " Empire or German States which, in the opinion of the " Reparation Commission, represents expenditure by the " Government of the German Empire or States upon the " Government properties referred to in Article 256 " {i.e., property and possessions belonging to the German Empire or to the German States, including all the property of the Crown and the private property of the former German Emperor and other Royal personages) "shall be excluded from the apportionment to be made " under Article 254." Section IL — Austrian and Hungarian Government Securities. Provision is made for the apportionment of the Hungarian responsibility for the capital and interest payable in securities. respect of : (rt) The securities issued by and the debts of the former Austrian Government, by Article 203 (with the Annex thereto) of the Treaty with Austria ^ and {h) The securities Issued by and the debts of the former Hungarian Government, by Article 186 (with the Annex thereto) of the Treaty with Hungary. Article 186 (with the Annex thereto) of the Treaty with Hungary is (subject to the modifications set out in the footnotes on the following pages) in identically the same terms as Article 203 (with the Annex thereto) of the Treaty with Austria, which runs as follows : ^ The Serb-Croat-Slovene State, the Czecho-Slovak State and Roumania are by Articles 52, 58, and 61 of the Treaty with Austria expressly required to assume their proper proportion of the Austrian Government debt. 124 AUSTRO-HUNGARIAN GOVERNMENT SECURITIES Article 203. ch. VIII., "1. Each of the States to which territory of the Sec. II. . • /. 1 J Arportionment " foriiier Austro-Huiigariaii Monarchy is transferred, and of responsibility . . ^ i i • i i? for specifically <' each of the States arisinof from the dismemberment oi secui'ed Austro- " Gov™^^^^ "that Monarchy, including Austria,^ shall ^ assume rtaJeTrea^t°^ " respouslbility for a portion of the debt of the former rnd\rt^^ie'i'sG "Austrian^ Government which is specifically secured on with Hungary). " railways, salt mines, or other proj^erty, and which was " in existence on July 28, 1914. The portion to be so "assumed by each State shall be such portion as in the "opinion of the Reparation Commission represents the "secured debt in respect of the railways, salt mines, and "other properties transferred to that State under the "terms of the present Treaty or any treaties or agree- " ments supplementary thereto. " The amount of the liability in respect of secured debt "so assumed by each State, other than Austria,^ shall be " valued by the Reparation Commission, on such basis as " the Commission may consider equitable, and the value " so ascertained shall be deducted from the amount payable "by the State in question to Austria^ in respect of "property of the former or existing Austrian^ Govern- " ment which the State acquires with the territor3^ Each " State shall be solely responsible in respect of that portion "of the secured debt for which it assumes responsibility " under the terms of this Article, and holders of the debt " for which responsibility is assumed by States other than "Austria shall have no recourse against the Government " of any other State. "Any property which was specifically pledged to "secure any debt referred to in this Article shall remain ^ In Article 186 of the Treaty with Hungary the words "Hungary" and ' Hungarian " are substituted for the words " Austria " and " Austrian." 2 In Article 186 of the Treaty with Hungary the words " in so far as territory is assigned to it in accordance with tlie present Treaty " are inserted before the word 'assume." AUSTRO-HUNGARIAN GOYEKNMENT SECURITIES 125 " specifically pledged to secure the new debt. But in g^^ Yi^' " case the joroperty so pledged is situated as the result "of the present Treaty in more than one State, that " portion of the property which is situated in a particular " State shall constitute the security only for that part " of the debt which is apportioned to that State, and not " for any other part of the debt. " For the purposes of the present Article there shall "be regarded as secured debt payments due by the " former Austrian ^ Government in connection with the " purchase of railways or similar property ; the distribu- " tion of the liability for such payments will be deter- " mined by the Reparation Commission in the same " manner as in the case of secured debt. " Debts for which the responsibility is transferred " under the terms of this Article shall be expressed " in terms of the currency of the State assuming the " responsibility, if the original debt was expressed in "terms of Austro-Hungarian paper currency. For the " purposes of this conversion the currency of the assuming " State shall be valued in terms of Austro-Hungarian "paper kronen at the rate at which those kronen were "exchanged into the currency of the assuming State by "that State when it first substituted its own currency " for Austro-Hungarian kronen. The basis of this con- " version of the currency unit in which the bonds are " expressed shall be subject to the approval of the "Reparation Commission, which shall, if it thinks tit, " require the State effecting the conversion to modify " the terms thereof Such modification shall only be "required if, in the opinion of the Commission, the "foreign exchange value of the currency unit or units " substituted for the currency unit in which the old 1 In Article 186 of the Treaty with Hungary tJie word "Hungarian" is substituted for the word "Austrian." 126 AUSTEO-HUNGARIAN GOVERNMENT SECURITIES ch. VIII.. " bonds are expressed is substantially less at the date of "the conversion than the foreign exchange value of the " original currency unit. " If the original Austrian ^ debt was expressed in "terms of a foreign currency or foreign currencies, the •'new debt shall be expressed in terms, of the same " currency or currencies. "If the original Austrian^ debt was expressed in " terms of Austro-Hungarian gold coin, the new debt "shall be expressed in terms of equivalent amounts of ' ' pounds sterling and gold dollars of the United States of " America, the equivalent being calculated on the basis "of the weight and the fineness of gold of the three "coins as enacted by law on January 1, 1914. " Any foreign exchange options, whether at fixed "rates or otherwise, embodied explicitly or implicitly " in the old bonds, shall be embodied in the new bonds " also. Apportionment " 2. Each of the States to which territory of the former of responsibility , r» i l 1 f^j;»°«f cured a Austro-Hungarian Monarchy is transferred, and each or^nnfe^ut " of the States arising from the dismemberment of that " Monarchy, including Austria/ shall assume responsi- " bility for a portion of the unsecured bonded debt of the " former Austrian ^ Government which was in existence "on July 28, 1914, calculated on the basis of the ratio "between the average for the three financial years 1911, " 1912, 1913, of such revenues of the distributed terri- "tory^ and the average for the same years of such "revenues of the whole of the former Austrian^ territories " as in the judgment of the Reparation Commission are "best calculated to represent the financial capacity of 1 In Article 186 of the Treaty with Hungary the word-s "Hungary" and "Hungarian " are substituted for the words "Austria" and "Austrian." 2 In Article 186 of the Treaty with Hungary the words "of tlie territory dis- tributed in accordance with the present Treaty" are substituted for the words " of the distributed territory." securities. AUSTRO-HUNGARIAN GOVERNMENT SECURITIES 127 " the respective territories. In making the above ^^- ^i^' "calculation the revenues of Bosnia and Herzegovina "shall not be included. [Nevertheless, when there "existed before July 28, 1914, financial agreements "relating to the unsecured bonded debt of the former "Hungarian Government, the Reparation Commission "may take such agreements into consideration when "effecting the division of this debt between the States " mentioned above.] '^ *' The responsibilities in respect of bonded debt to be " assumed under the terms of this Article shall be dis- " charged in the manner laid down in the Annex hereto. " The Austrian^ Government shall be solely responsible " for all the liabilities of the former Austrian^ Govern- "ment incurred prior to July 28, 1914, other than those " evidenced by the bonds, bills, securities, and currency " notes which are specifically provided for under the "terms of the present Treaty. " Neither the provisions of this Article nor the pro- " visions of the Annex hereto shall apply to securities of " the former Austrian ^ Government deposited with the " Austro-Hungarian Bank as security for the currency " notes issued by that bank." Annex. " The amount of the former unsecured Austrian ^ " Government Bonded Debt, the responsibility for which " is to be distributed under the provisions of Article 203,^ " shall be the amount of that debt as it stood on July 28, "1914, [after deducting that portion which represents "the liability of the former Hungarian Government for " that debt as provided by the additional Convention ^ The words enclosed in square brackets are in Article 186 of the Treaty with Hungary, but are not in Article 203 of the Treaty with Austria. 2 In Article 186 (and Annex) of the Treaty with Hungary the word "Hun- garian" is substituted for the word "Austrian" and "Article 186" for "Article 203." 128 AUSTEO-HUNGAPJAN GOVERNMENT SECURITIES ch VIII., " relatine: to the contribution of the countries of the Sec. II. =' " Sacred Hungarian Crown to the charges of the general "debt of Austria- Hungary approved by the Austro- " Hungarian Law of December 30, 11307. B.L.J. "No. 278.]^ " Each State assuming responsibility for the old "unsecured Austrian^ Government Debt shall, within "three months of the coming into force of the present " Treaty, if it has not already done so, stamp with the " stamp of its own Government all the bonds of that "debt existing in its own territory. The distinguish- " ing numbers of the l)onds so stamped shall be recorded "and shall be furnished, together with the other records " of the stamping, to the E-eparation Commission. " Holders of bonds within the territory of a State, " which is required to stamp old Austrian ^ bonds under " the terms of this Annex, shall, from the date of the " coming into force of the present Treaty, be creditors in " respect of these bonds of that State only, and they "shall have no recourse against the Government of any " other State. " Each State which, under the terms of Article 203,^ " is required to assume responsibility for a portion of the "old unsecured Austrian^ Government Debt, and which " has ascertained by means of stamping the old Austrian^ " bonds that the bonds of any particular issue of such old "Austrian^ bonds lield within its territory were smaller " in amount than the amount of that issue for which, in " accordance with the assessment of the lleparation Com- " mission, it is held responsible, shall deliver to the 1 In the Annex to Article 18G of the Treaty with Hungary tlie aljove words in square brackets are omitted. 2 In the Annex to Article 186 of the Treaty with Hungary the word "Hun- garian " is substituted for the word " Austrian." •' In the Annex to Article 186 of the Treaty with Hungary the words "Article 186" are substituted for the words "Article 203." AUSTRO-HUNGARIAN GOVERNMENT SECURITIES 129 "Reparation Commission new bonds equal in amount toCh^vm* "the difference between the amount of the issue for "which it is responsible and the amount of the same " issue recorded as held within its own territory. Such " new bonds shall be of such denominations as the " Reparation Commission may require. They shall carry "the same rights as regards interest and amortisation "as the old bonds for which they are substituted, and " in all other respects the conditions of the new bonds "shall be fixed subject to the approval of the Reparation " Commission. '' If the original bond was expressed in terms of *' Austro-Hungarian paper currency, the new bond by " which it is replaced shall be expressed in the terms of " the currency of the State issuing the new bond, and for "the purpose of this currency conversion the currency " of the new State shall be valued in terms of Austro- ** Hungarian paper kronen at the rate at which those " kronen were exchanged for the currency of the new " State by that State when' it first substituted its own "currency for Austro-Hungarian paper kronen. The " basis of this conversion of the currency unit in which " the bonds are expressed shall be subject to the approval " of the Reparation Commission, which shall, if it thinks " fit, require the State effecting the conversion to modify "the terms thereof Such modification shall only be "required if, in the opinion of the Commission, the "foreign exchange value of the currency unit or units " substituted for the currency unit in which the old bonds "are expressed is substantially less at the date of the "conversion than the foreign exchange value of the " original currency unit. " If the original bond was expressed in terms of a "foreign currency or foreign currencies, the new bond "shall be expressed in terms of the same currency or 130 AUSTKO-HUNGARIAN GOVERNMENT SECURITIES Ch. VIII.. "currencies. If the original bond was expressed in terms Sec. II. . . " of Austro-Hungarian gold coin, the new bond shall be " expressed in terms of equivalent amounts of pounds "sterling and gold dollars of the United States of " America, the equivalents being calculated on the basis " of the weight and fineness of gold of the three coins "as enacted by law on January 1, 1914. " Any foreign exchange options, whether at fixed " rates or otherwise, embodied explicitly or implicitly in " the old bonds shall be embodied in the new bonds also. "Each State which under the terms of Article 203^ " is required to assume responsibility for a portion of the " old unsecured Austrian^ Government Debt, which has " ascertained by means of stamping the old Austrian^ " bonds that the bonds of any particular issue of such old " Austrian''" bonds held within its territory were larger " in amount than the amount of that issue for which " it is held responsible in accordance with the assessment " of the Reparation Commission, shall receive from the "Reparation Commission its due proportionate share of " each of the new issues of bonds issued in accordance " with the provisions of this Annex. " Holders of unsecured bonds of the old Austrian^ "Government Debt held outside the boundaries of the " States, to which territory of the former Austro- " Hungarian Monarchy is transferred, or of States " arising from the dismemberment of that Monarchy, " including Austria,^ shall deliver through the agency " of their respective Governments to the Reparation " Commission the bonds which they hold, and in ex- " change therefor the Reparation Commission shall 1 In the Annex to Article 186 of the Treaty with Hungary the words "Article 186" are substituted for the words "Article 203" and the word "Hungarian " is substituted for the word " Austrian." 2 In the Annex to Article 186 of the Treaty with Hungary the word " Hungary " is substituted for the word " Austria." AUSTRO-HUNGAKIAN GOVERNMENT SECURITIES 131 *' deliver to them certificates entitling: them to their ^^- "^^^i- ^ _ Sec. II. " due proportionate share of each of the new issues of "bonds corresponding to and issued in exchange for " their surrendered bonds under the provisions of this "Annex. " The share of each State or private holder entitled to " a share in any new issue of bonds issued in accordance " with the provisions of this Annex shall bear such pro- " portion to the total amount of bonds of that new issue " as the holding of the State or private owner in question " of the old issue of bonds bears to the total amount of " the old issue presented to the Reparation Commission " for exchange into new bonds in accordance with the "provisions of this Annex. [Each such participating " State or private holder will also be entitled to its or " his due proportionate share of the new bonds issued " under the terms of the Treaty with Hungary in ex- " change for that portion of the former Austrian Govern- " ment Debt for which Hungary accepted liability under "the additional Convention of 1907.]^ " The Reparation Commission shall, if it thinks fit, "arrange with the holders of the new bonds provided " for by this Annex a consolidation loan of each debtor " State, the bonds of which loan shall be substituted " for the various difierent issues of new bonds on such " terms as may be agreed upon by the Commission and "the bondholders. " The State assuming liability for any bond of the " former Austrian^ Government shall assume any liability " attaching to the bond in respect of unpaid coupons or " sinking fund instalments accrued since the date of the " coming into force of the present Treaty. ^ In the Annex to Article 186 of the Treaty with Hungary the above words in square brackets are omitted. 2 In the Annex to Article 186 of the Treaty with Hungary the word " Hun- garian " is substituted for the word "Austrian." 132 AUSTKO-HUNGAEIAN GOVERNMENT SECURITIES ch. VIII., [" In addition to the former unsecured Hano-arian Sec. II. L . . * " Government Bonded Debt to be divided as above, there "shall also be divided among the several States, in the "same proportion, the amount of the former unsecured "Austrian Government Bonded Debt which represents " the liability of the former Hungarian Government for "that debt, as provided by the additional Convention "relating to the contribution of the countries of the "' Sacred Hungarian Crown to the charges of the general " debt of the Austro-Hungarian State approved by the " Austro-Hungarian Law of December 30, 1907. B.L.J. "No. 278. "Each State which in virtue of the present Treaty " assumes responsibility for a part of this Austrian debt " shall deliver to the Reparation Commission new securi- " ties for an amount equal to the part of the above- " mentioned Austrian debt which is attributed to it. " The terms of these securities shall be fixed by the " Reparation Commission. They shall be such as to " represent as exactly as possible the terms of the former " Austrian securities for which these securities are to be " substituted. The new securities will be delivered to " the States or holders of Austrian securities, who will " have the right to a portion of each of the issues made " in accordance with the provisions of the Annex of " Article 203 of the Treaty with Austria."] ^ Section HL — Bulgarian Government Securities. Gollrnment -^^ regards the Bulgarian Government Securities, Article 141 of the Peace Treaty with Bulgaria makes the following provision for the apportionment of the responsi- bility for meeting the capital and interest accruing due thereunder : ' The above clauses enclosed in square brackets form the last part of the Annex to Article 186 of the Treaty with Hungary and are not in the Treaty with Austria. BULGAEIAN GOVERNMENT SECURITIES 133 Article 141. " Any Power to which Bulgarian territory is ceded ^^- ''''^^^•> " in accordance with the present Treaty undertakes to pay Article hi of "a contribution towards the charge for the Bulgarian ^ith Bulgaria. " Public Debt as it stood on October 11, 1915,^ including "the share of the Ottoman Public Debt attachino- to " Bulgaria in accordance with the principles laid down in "Article 134. " The Reparation Commission, acting through the " Inter- Allied Commission, will fix the amount of the " Bulgarian Public Debt on October 11, 1915, taking into " account only such portion of the debt contracted after "August 1, 1914, as was not employed by Bulgaria in " preparing the war of aggression. " The portion of the Bulgarian Public Debt for which " each State is to assume responsibility will be such as the " principal Allied and Associated Powders, acting through " the Inter- Allied Commission, may determine to be equit- " able, having regard to the ratio between the revenues of " the ceded territory and the total revenues of Bulgaria for " the average of the three complete financial years next "before the Balkan war of 1912." The principles, according to which the share of the Ottoman Public Debt attaching to Bulgaria shall be apportioned, are laid down in the following Article : Article 134. " Bulgaria engages to pay towards the charge for the ^"^J ^Jeati "service of the external pre-war Ottoman Public Debt, "^'^^ ^^t''^"*- " both in respect of territory ceded by Turkey under the "Treaty of Constantinople, 1913, for the period during " which such territory was under Bulgarian sovereignty, ^ The Serb-Croat-Slovene States and Greece are by Articles 41 and 47 of this Treaty expressly required to assume a share of the financial obligations of Bulgaria. Ch. VIII. Sec. III. 134 TURKISH GOVERNMENT SECURITIES " and in respect of territory the cession of which is con- " firmed by the present Treaty, such sums as may be "determined hereafter by a Commission to be appointed " for the purpose of determining to what extent the cession " of Ottoman territory will involve the obligation to con- " tribute to that debt." Section IV. — Turkish Government Securities. iveltyasto" The following provisions are made by the Peace Turkish Govern- _, . *" ment securities, ireaty With Turkey with reference to the pre-war Turkish Government securities : The revenues, which have been conceded or hypothe- cated to the service of the Ottoman Public Debt (con- sisting of the ' securities specified in the Annex to Part VIII. of the Treaty), are excepted from the resources of Turkey, which are by Article 236 placed at the disposal of the " Financial Commission." ^ Any hypothecation of the Turkish revenues efi'ected during the war in respect of obligations (including the internal debt) contracted by the Turkish Government during the war is annulled (Article 247). Article 241. ottoman Public " States iu whosc favour territory is detached from borne by states " Turkoy, either as a result of the Balkan War, or under to whom Turkey '' cedes territory. « ^^(3 prescut Treaty, shall participate in the annual "charge for the service of the Ottoman Public Debt "contracted before November 1, 1914. " The Governments of the States of the Balkan "Peninsula and the newly-created States in Asia, in "favour of whom such territory has been or is detached " from Turkey, shall give adequate guarantees for the ' This Commission consists of one representative of each of the following Powers — viz., France, the ]>ritish Empire, and Italy, and a Turkish Conimissioner^'asso- ciated with them in a consultative capacity (Article 231). TURKISH GOVERNMENT SECURITIES 135 "payment of the share of the above annual charge ^h- viii., "allotted to them respectively." Article 242. Appropriation "For the purposes of this Part, the Ottoman Public of nabuity for payment of tho ' Debt shall be deemed to consist of the debt heretofore otto^man Pubuc Uebt. ' governed by the Decree of Mouharrem, together with ' such other loans as are enumerated in Annex I. to this ' Part.' "Loans contracted before November 1, 1914, will be ' taken into account in the distribution of the Ottoman * Public Debt between Turkey, the States of the Balkan ' Peninsula, and the new States set up in Asia. "This distribution shall be effected in the following ' manner : " 1. Annuities arising from loans prior to October 17, '1912 (Balkan wars) shall be distributed between Turkey ' and the Balkan States, including Albania, which receive ' or have received any Turkish territory "2. The residue of the annuities for which Turkey 'remains liable after this distribution, together with ' those arising from loans contracted by Turkey between 'October 17, 1912, and November 1, 1914, shall be ' distributed between Turkey and the States in whose ' favour territory is detached from Turkey under the 'present Treaty." Article 243. "The general principle to be adopted in determining ^^^«^/^.°^^ " the amount of the annuity to be paid by each State Habiiit"for°'^° '' X J ottoman Public "is as follows : ^'^^*- " The amount shall bear the same ratio to the total " required for the service of the debt as the average " revenue of the transferred territory bore to the average ^ See infra, p. 137. 136 TURKISH GOVERNMENT SECURITIES Ch. VIII., "revenue of the whole of Turkey (includiiif)^ in each case Sec, IV. _ . . " the yield of the Customs surtax imposed in the year " 1907) over the three financial years 1909-1910, 1910- "1911, and 1911-1912." Article 244. c^mlSouto "The Financial Commission shall as soon as possible, amol^isof " after the coming into force of the present Treaty, deter- liabiliiies on . , •ii ••il*ii principle laid " mnie, lu accordaiice with the pimciple laid down m down by Article ' 1 1 ^^' "Article 243, the amount of the annuities referred to in "that Article, and communicate its decisions in this " respect to the High Contracting Parties, "The Financial Commission shall fulfil the functions "provided for in Article 134 of the Treaty concluded "with Bulgaria on November 27, 1919." Under Article 134 of the Treaty with Bulgaria, Bulgaria engages to pay towards the charge for the service of the external pre-war Ottoman Public Debt, both in respect of territory ceded by Turkey under the Treaty of Constantinople, 1913, for the period during which such territory was under Bulgarian sovereignty, and in respect of territory, the cession of which is con- firmed by the Treaty with Bulgaria, such sums as may be determined thereafter by a Commission to be ap- pointed for the purpose of determining to what extent the cession of Ottoman territory will involve the obliga- tion to contribute to that debt. Article 245. Period during " fjij^g anuuities assessed in the manner above provided wliicn appor- i of ottorn'^n"" '^ " will be payable as from the date of coming into force PubUc Debt will m • i i • • • • be payable. " of the Treaties by which the respective territories were "detached from Turkey, and, in the case of territories " detached under the present Treaty, from March 1, 1920 ; " they shall continue to be payable (except as provided "by Article 252) until the final liquidation of the Debt. TURKISH GOVERNMENT SECURITIES 137 " They shall, however, be proportionately reduced as g^^ ^^^•' " the loans constituting the Debt are successively ex- " tinguished." As rea^ards the property hypothecated to secure the of popert^**'" ^ 1 i ^ ^ 1 hypothecated to pre-war Ottoman Public Debt, the Treaty with Turkey "^^ »^J,«™'i'i provides that the Council of the Ottoman Public Debt shall consist of the British, French, and Italian delegates and of the representative of the Imperial Ottoman Bank, and shall continue to operate as before and shall ad- minister and levy all revenues conceded to it under the Decree of Mouharrem and all other revenues, the manage- ment of which has been entrusted to it in accordance with any other loan contracts previous to November 1, 1914, and that the system of direct levy of certain revenues by the Administration of the Ottoman Public Debt shall, within limits to be prescribed by the Financial Commis- sion, be extended as widely as possible and applied throughout the provinces remaining Turkish (Article 246). It is further provided by Article 248 of the Treaty with Turkey that all property, movable and immovable, belonging to the Administration of the Ottoman Public Debt, wherever situate, shall remain integrally at the disposal of that body. The Turkish Government Loans constituting the constuiting the TPl Ottoman Public Ottoman Public Debt on November 1, 1914, as denned Debt, in Annex I. of Part VIII. of the Treaty with Turkey, consist of the following outstanding securities (amounting in the aggregate to £143,241,757 Turkish, gold) : Unified Debt (1903); Turkish Lottery Bonds (1870); Osmanie Loan (1890); Five per Cent. 1896 Loan; Four per Cent. 1903 Fisheries Loan; Bagdad Loan, Series 1. (1903) : Four per Cent. 1904 Loan ; Four per Cent. 1901-5 Loan; Tedjhizat-Askerie Loan (1905); Bagdad Loan, Series IL (1908) ; Bagdad Loan, Series IIL (1908) ; Four per Cent. 1908 Loan ; Five per Cent. 1914 Loan ; Docks, Arsenals, and Naval Construction Loan (1913) ; Tombac 138 TURKISH CxOVERNMENT SECURITIES Sec™' Priority Loan (1893) ; 40,000,000 Francs (Oriental Eail- ways) Loan (1894) ; Customs Loan (1 902) ; Four per Cent. 1909 Loan ; City of Constantinople Municipal Loan 1913 ; Hodeida-Sanaa 1911 Loan ; Soma-Panderma 1910 Loan ; Four per Cent. Customs Loan (1911); City of Bagdad Municipal Loan (1912); Six per Cent. Treasury Bonds of the Imperial Ottoman Bank 1912: Five per Cent. Treasury Bonds (Perier and Co.) 1913; Five per Cent. Treasury Bonds (Purchase of Warships) 1911 ; Advance by the Tobacco Regie ; Plain of Koniah Irrigation. S'secS™' As regards Turkish Government securities charged Egyltiair on the Egyptian Tribute, the Treaty with Turkey makes the following provisions : Article 112. " Turkey renounces all claim to the tribute formerly " paid by Egypt. " Great Britain undertakes to relieve Turkey of all "liability in respect of Turkish Loans secured on the " Egyptian Tribute. "The loans are: the guaranteed loan of 1855; the "loan of 1894 representing the converted loans of 1854 "and 1871 ; the loan of 1891 representing the converted "loan of 1877. "The sums which the Khedives of Egypt have from " time to time undertaken to pay over to the houses, by " which these loans were issued, will be applied as here- " tofore to the interest and the sinking funds of the loans "of 1894 and 1891 until the final extinction of these " loans. The Government of Egypt will also continue to " apply the sum hitherto paid towards the interest on the " guaranteed loan of 1855. Upon the extinction of these " loans of 1894, 1891, and 1855, all liability on the part of " the Egyptian Government arising out of the Tribute "formerly paid by Egypt to Turkey will cease." CHAPTER IX. Special Provisions in the Economic Clauses of the Peace Treaties with Austria, Hungary, and Bulgaria affecting Private Property. It has beeu stated repeatedly, that in substance all the ^^ ^^• Special pro- provisions contained in Sections III. to VII. of the regar"dtoprivate Economic Clauses in the Peace Treaty with Germany are taS m*"""' , Treaties with repeated in and made applicable to Austria, Hungary, ^^"/^"jf^^f '''" and Bulgaria, and their nationals by the corresponding ^"'s''"^- Sections in the Peace Treaties with Austria, Hungary, and Bulgaria, but that, in certain matters of detail, variations have been introduced into the provisions of these three last-mentioned Treaties, which are not found in the corresponding Articles in the Treaty with Germany. Having regard to the fact that the differences between these provisions are confined to matters of detail, it has been thought to be unnecessary to set out ^?^ extenso the full text of these clauses of the four Treaties. The plan adopted has been to print the full text of Sections III. to VII. of the Economic Clauses of the Treaty with Ger- many in Part II. of this book (see infra, pp. 191-303) and to set out on the opposite pages the variants, which must be read into the text of each Article of the Treaty with Germany, in order to convert it into the corresponding Article in the Treaty with Austria, Hungary, or Bulgaria (as the case may be). Before dealins: with the special provisions in the clauses of ^ •'•■'■ Treaties with Economic Clauses of the Peace Treaties with Austria, gaTy.lnd"""' Hungary, and Bulgaria, it should be stated, that Sections give^nVwoe of ° -^ O ' 5 law in Great HI. to VII. of Part X. (Economic Clauses) of the Treaties I'^^t^'^ -ion Council. 140 ESTABLISHMENT OF CLEARING OFFICES ch. IX. with Austria and Hungary, and of Part IX. of the Peace Treaty with Bulgaria, have by virtue of the Treaty of Peace (Austria and Bulgaria) Act, 1920, and of the Treaty of Peace (Hungary) Act, 1921, and of Section 1 of two Orders in CounciP full force and effect as law in all His Majesty's Dominions and Protectorates, except in India, Egypt, and the self-governing Dominions of Aus- tralia (including Papua and Norfolk Island), South Africa, New Zealand, and Newfoundland. for collection of Oue of tho above-meutioued Orders in Council estab- debts estab- Grea^Sfn" ^^shes Clearing OflSces for the collection of debts owing by Hungary"'' ''° British subjects resident in any of His Majesty's Do- minions or Protectorates (other than India, Egypt, and the above-mentioned self-governing Dominions) to Aus- trian nationals resident in Austria or owing by such Austrian nationals to such British subjects. The above- mentioned Clearing Offices have been established pursuant to the power conferred on Great Britain by Article 248 {e) of the Treaty with Austria. No doubt, Clearing Offices between Great Britain and Hungary ^vill be established under Article 231 (e) of the Treaty with Hungary, when that Treaty has been ratified. The Official at the head of the Clearing Office established by the Treaty of Peace (Austria) Order, 1920, for the collection of enemy debts as between nationals of Great Britain and Austria is called the " Administrator," whose functions are practically the same as those of the " Controller " of the Clearino- Office established for the collection of enemy debts as between nationals of Great Britain and Germany. exciiangc. It should here be stated that debts owing by Austrian and Hungarian nationals to British subjects must be paid at the pre-war rate of exchange, which the Administrator ^ See 10 and 11 Geo. V., cap. 6 ; 11 and 12 Geo. V., cap. 11 ; see also Section 1 of tlie Ti-eaty of Peace (Austria) Order, 1920, and of the Treaty of Peace (.Bulgaria) Order, 1920. AUSTRIAN CLEARING OFFICE 141 has fixed at 24,236 kronen {i.e., 24 kronen and 23,G ^^- 1^- heller) to one pound sterling. Having regard to the critical financial position ofStctwe^n^' Austria, which is, under the Treaty with Austria, made Austrian" •^ Governments as responsible for the debts owing by its nationals to owing b?'*^ British nationals (so far as they are recoverable throuerh *" British ^ "^ c5 nationals. the Clearing Office), and to the enormous depreciation of the krone, which renders the payment in sterling of debts owing to British nationals veryonerous to Austrian debtors, a special arrangement has been come to between the British and Austrian Governments for facilitating the pay- ments of the debts owing by Austrian nationals to British nationals. This arrangement is embodied in a memo- randum published by the Board of Trade, ^ under which — {a) The Austrian Clearing Office binds itself to pay to the British Clearing Office, not later than March 31 and September 30 in each year (begin- ning with the year 1921) the sterling value of the amounts collected from Austrian nationals during the previous six months, the sum to be paid in each half year being not less than £250,000 sterling or the sterling equivalent of 140,000,000 kronen, whichever of the two is greater. [h) Each of the first eight minimum payments made may, however, be reduced to the extent of £100,000 or the sterling equivalent of 56,000,000 kronen, by the amounts previously paid in cash direct by Austrian debtors to British creditors, in accordance with arrangements sanc- tioned by the Clearing Offices, and provided out of funds, which are not chargeable under the Treaty. Such payments are to continue until the balance against Austria with simple interest at 5 per cent, shall have been met. 1 See London Gazette, October 15, 1920, No. 32086 ; pp. 9995-9997. See infra, Appendix III., pp. 321-323. 142 SPECIAL PROVISIONS IN THE Ch. IX. No Clearing Office between Great Britain and Bulgaria. No Clearing Office has been established by Great Britain for collecting debts owing by British subjects to Bulgarian nationals or vice versa, as the aggregate amount of these debts was not considered to be sufficiently large to warrant the setting up of a Clearing Office. In the remaining portion of this chapter it is proposed to call the reader's attention to such special provisions (af- fecting private property, rights, and interests) in the Economic Clauses in the Treaties with Austria, Hungary, and Bulgaria as are not found in the corresponding Clauses in the Treaty with Germany. SECTION L— SPECIAL PROVISIONS IN THE PEACE TREATY WITH AUSTRIA RELATING TO PRIVATE PROPERTY. Special pro- visions in Economic Clauses of Treaty with Austria. (1) Limitation of sum recover- able through Clearing Office in respect of securities issued by former Austro- Hungurian Government. {a) Special Provisions in Economic Clauses of the Treaty WITH Austria as to Private Property and Rights as BETWEEN Allied Nationals and Austrians. There are only two special provisions in Sections III. to VII. of Part X. (Economic Clauses) of the Treaty with Austria, which are not found in the corresponding Sections of Part X. of the Treaty with Germany and which call for notice. The first of the above-mentioned special provisions is in Article 248 of the Treaty with Austria, and directs that : " In the case of interest or capital sums payable in " respect of securities issued or taken over by the former " Austro- Hungarian Government, the amount to be " credited and paid by Austria will be the interest or "capital in respect only of the debt for which Austria is "liable in accordance with Part IX. (Financial Clauses) " of the present Treaty, and the principles laid down by " the Beparation Commission." As has been stated in Chapter VIII.,^ Article 203 of ^ See supra, Chapter VIII., Section II., pp. 124-1.32. PEACE TREATY AVITH AUSTRIA 143 this Treaty provides that the responsibility for the ch. ix., debts of the former Austrian Government shall be ap- portioned by the Reparation Commission between the present Republic of Austria and the several States, to whom part of the territory of the former Austro- Hungarian Monarchy is transferred under this Treaty. The effect of the above extracted portion of Article 248 is to restrict the amount recoverable through the Clearing Office ^ from the present Austrian Government by a national of an Allied or Associated Power in respect of a security issued by a former Austrian Government to such part of the capital and interest payable in respect of such security as will be or has been apportioned by the Reparation Commission to Austria under Article 203. The other above-mentioned special provision in the S^ropertrof°'' °^ Austrians who Economic Clauses of the Treaty with Austria, to which it ^j^'^^ l^^^^- is desired to call the reader's attention, is the last para- Tr^ty wit^ . Austria. graph of clause {b) of Article 249, which exempts from the right vested in each Allied or Associated Power to retain and liquidate enemy property within its territory all property belonging to persons who, having been nationals of the former Austrian Empire, show within a limited time that they have acquired the nationality of one of the Allied or Associated Powders under this Treaty. The paragraph of Article 249 above referred to runs as follows : " Persons who within six months of the coming into " force of the present Treaty show that they have acquired "ipso facto in accordance with its provisions the nation- " ality of an Allied or Associated Power, including those " who under Articles 72 or 76 obtain such nationality with " the consent of the competent authorities, or who under " Articles 74 or 77 acquire such nationality in virtue of " previous rights {pertinenza)^ will not be considered as 1 See supra^ pp. 11-12, aud infra, p. 202, 144 SPECIAL PROVISIONS IN THE ch. IX., "nationals of the former Austrian Empire within the Sec. I. (a). _ ^ " meaning of this paragraph." persons whose The exemption granted by Article 249 (6) applies to uo7be ^e"afned the Dropertv of two classes of persons, who, haviner been by Allied r r J r^ ' ^ ' & Power. nationals of the former Austrian Empire, acquire the nationality of one of the Allied or Associated Powers under this Treaty, namely, those persons who acquire such nationality ipso facto (i.e., automatically) and those who acquire such nationality by taking the prescribed steps. Articles 70 and 71 define the persons, who ipso facto acquire the nationality of one of those Powers : Persons, who having been nationals of former Austrian Empire, ipso jacto, acquire Allied nation- ality. ' Pertinenzi." Article 70. '* Every person possessing rights of citizenship {perti- nenza) in territory which formed part of the territories of the former Austro-Hungarian Monarchy, shall obtain ipso facto to the exclusion of Austrian nationality the nationality of the State exercising sovereignty over such territory." Article 71. '' Notwithstanding the provisions of Article 70, Italian " nationality shall not in the case of territory transferred "to Italy be acquired ipso facto — "(1) By persons possessing rights of citizenship in " such territory who were not born there ; " (2) By persons who acquired their rights of citizen- "ship in such territory after May 24, 1915, or " who acquired them only by reason of their "official position." " Pertinenza " is a right to which every national of the former Empire of Austria or Kingdom of Hungary, domiciled and actually residing in a commune situated within certain districts of Austria or Hungary (such a PEACE TREATY WITH AUSTRIA 145 the province of Istria and the district of Gorizia and 2^- ^J-; . ■I- Sec. I. (a). Gradisca), was entitled — viz., the right to the undisturbed enjoyment of residence in that commune. The following articles define the persons who may, by r°quir"e iTaiian taking certain steps, acquire the Italian, or the Serb- "'^ '°"'' ' ^' Croat-Slovene, or the Czecho-Slovak nationality : Article 72. "The persons referred to in Article 71, as well as " those who — " (a) Formerly possessed rights of citizenship in the " territories transferred to Italy, or whose father "or mother, if the father is unknown, possessed "rights of citizenship in such territories, or " {h) Have served in the Italian army during the " present war, and their descendants, " may claim Italian nationality, subject to the conditions "prescribed in Article 78 for the right of option." Article 74. "Where the claim to Italian nationality under " Article 72 is not made, or is refused, the persons con- "cerned will obtain, ipso facto, the nationality of the " State exercising sovereignty over the territory in which " they possessed rights of citizenship before acquiring such " rights in the territory transferred to Italy." Article 78. "Persons over 18 years of age losing their Austrian "nationality under Article 70 shall be entitled within " a period of one year from the coming into force of the " present Treaty to opt for the nationality of the State "in which they possessed rights of citizenship before " acquiring such rights in the territory transferred." 10 146 PEACE TREATY WITH AUSTRIA Ch. IX.. Sec. I. (a). Persons who acquire Serb- Croat-Slovene or Czecho- slovak nationality. " Option by a husband will cover his wife and option "by parents will cover their children under 18 years 01 age. Article 76. '* Notwithstanding the provisions of Article 70, per- *'sons who acquired rights of citizenship after January 1, "1910, in territory transferred under the present Treaty " to the Serb-Croat-Slovene State, or to the Czecho-Slovak " State, will not acquire Serb-Croat-Slovene or Czecho- " Slovak nationality without a permit from the Serb-Croat- " Slovene State, or the Czecho-Slovak State respectively." Property of Austrians in Morocco, in Egypt, and in Siam. Article 77. " If the permit referred to in Article 76 is not applied " for, or is refused, the persons concerned will obtain ipso ^^ facto the nationality of the State exercising sovereignty " over the territory in which they previously possessed " rights of citizenship." All such movable and immovable property in the Sherifian Empire (Article 9IJ), or in Egypt (Article 108), or in Siam (Article 111), as belongs to Austrian nationals, will be dealt with in accordance with Sections III. and IV. of Part X. of the Treaty with Austria. (/;) Special Pro\t[sions in the Peace Treaties with Austria AND Hungary as to Private Property and Rights in Territories transferred under these Treaties. As a large part of the territory, which was formerly Private pro- perty and rights transferred couiprised ill the Austrian Empire or the Kinofdom of under Treaties ^ i o with Austria and Hungary. Hungary, has, under the provisions of the Treaties with Austria or Hungary, been transferred to other States, special provisions had to be made for the purpose of defining the position of the nationals and inhabitants TERRITORY CEDED BY AUSTRIA OR HUNGARY 147 inter .se of the territory of the former Austrian Empire and ch. ix , , . . Sec I. (b). Kingdom of Hungary, as regards their private property and rights within such territory. These special pro- visions are made by Section VIII. of Part X. of the Treaties with Austria and Hungary. As it has, however, not been possible to deal exhaustively with all these questions by these Treaties, it is expressly provided that, so far as they have not been dealt with by these Treaties, these questions will form the subject of special Conven- tions to be entered into hereafter by the States con- cerned, including Austria or Hungary (as the case may be).i For the purposes of Section VIII. of Part X. of the Treaties with Austria and Hungary, persons, who were formerly nationals of the former Austrian Empire or of the former Kingdom of Hungary, are respectively divided into two classes (namely) : {a) Individuals and juridical persons, who, having been nationals of the former Austrian Empire, or of the former Kingdom of Hungary, respectively acquire ipso facto^ under these Peace Treaties the nationality of an Allied or Associated Power (and who are respectively designated as " nationals of the former Austrian Empire " and " nationals of the former Kingdom of Hungary "), and (6) The remaining individuals and juridical persons who were respectively nationals of the former Empire of Austria or of the former Kingdom of Hungary (and who are respectively designated as " Austrian nationals " and "Hungarian nationals "). The Austrian and Hungarian Governments are re- prTySroperty spectively bound to restore without delay to nationals of tr^ste^ed " ' territory. ^ Article 265 of the Treaty with Austria ; Article 248 of the Treaty with Hungary. 2 As to the persons, who acquire ^JJso facto the nationality of an Allied or Associated Power under the Treaties with Austria and Hungary, see siqyra, pp. 14-4-146, and infra, pp. 152-153. U8 TEEATY RIGHTS AS TO PROPERTY IN Ch IX., Sec. I. (b). Property of Austrian.s or Hungarians in transferred territory not liable to reten- tion or liquida- tion. Contracts between former nationals of Austria and Hungary. the former Austrian Empire, or of the foamier Kingdom of Hungary, their property, rights, and interests, situated in Austrian or Hungarian territory, and to repay to the owners of such property, rights, and interests all taxes or imposts on capital, which have been levied or increased thereon since November 3, 1918. The property, rights, and interests restored may not be subjected to any tax levied in respect of any other property or any other business owned by the same person, after such property has been removed from Austria or Hungary, or such business has ceased to be carried on therein.^ Cash assets must be paid in the currency and at the rate of exchange provided for (according to the circum- stances of the case) in the case of debts under Articles 248 {d), or 271 of the Treaty with Austria, or Articles 231 {d), or 254 of the Treaty with Hungary.^ Notwithstanding the provisions of Article 249 (with the Annex to Section IV.) of the Treaty with Austria, and of Article 232 (with the Annex to Section IV.) of the Treaty with Hungary, the property, rights, and interests belonging to Austrian and Hungarian nationals (or companies controlled by them), and situated in terri- tories, which formed part of the former Austro-Hungarian Monarchy, are not subject to retention or liquidation in accordance with these provisions.^ All contracts for the sale of goods for delivery by sea concluded before January 1, 1917, between nationals of the former Austrian Empire, or of the former Kingdom of Hungary, of the one part, and the administrations of the former Austro-Hungarian Monarchy, Austria, Hungary, or Bosnia-Herzegovina, or Austrian or Hungarian nationals 1 Article 266 of the Treaty with Au.stria ; Article 249 of tlie Treaty with Hungary. 2 Ibid. See infra, pp. 204-207. 3 Article 267 of the Treaty witli Austria ; Article 250 of the Treaty with Hungary. TERRITORY CEDED BY AUSTRIA OR HUNGARY 149 of the other part, are annulled by the Treaties, except in ^^ ^fly^) respect of any debt or other obligation arising out of any act done or money paid thereunder. All otJier contracts between such parties, which were made before Novem- ber 1, 1918, and were in force at that date, are maintciined by the Treaties.^ With regard to prescriptions, limitations, and forfeitures I'^^Hl^^^^^l^ within the transferred territories, it is provided that the pro- ierritory!'^"^'"^ visions of Articles 252 and 253 of the Treaty with Austria, and Articles 235 and 236 of the Treaty with Hungary (see infra^ pp. 256-261), are to be applied with the substitution for the expression *' outbreak of war " of the expression " date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law," and for the expression " duration of the war " of the expression "period between the date above indicated and that of the coming into force of the present Treaty."^ Austria and Hungfary are respectively bound by Transfer of O •/ i. J •/ property Article 270 of the Treaty with Austria and Article 253 ^'^^^^fl^o n 1 m • 1 TT , , • T • j_-L other Company 01 the ireaty with Hungary not to impede m any way the transfer of property, rights, or interests belonging to a company incorporated in accordance with the laws of the former Austro- Hungarian Monarchy, in which Allied or Associated nationals are interested, to a company incor- porated in accordance with the laws of any other Poiver, to facilitate all measures necessary for giving effect to such transfer, and to render any assistance which may be required for effecting the restoration to Allied or Associated nationals or to companies, in which they are interested, of their property, rights, or interests, whether in Austria and Hungary or in transferred territory. 1 Article 268 of the Treaty with Austria ; Article 251 of the Treaty with Hungary. 2 Article 269 of the Treaty with. Austria ; Article 252 of the Treaty with Hungary. 150 TREATY EIGHTS AS TO PROPERTY IN Oh. IX., Article 271 of the Treaty with Austria and Article Sec. I. (b). _ "^ Debts owing by 254 of the Treatv with Huncjary respectively provide Austrians and "^ o ^ i j j. nSaulV° ^^^* Section III. of these Treaties (except clause (r/) of lid viTvt^aJ Article 248 of the Treaty with Austria and of Article 231 of the Treaty with Hungary) shall not apply to debts contracted (1) between Austrian nationals and nationals of the former Austrian Empire, and (2) between Hun- garian nationals and nationals of the former Kingdom of Hungary, and that, subject to the special provisions in the above-mentioned clause ((/), which are applicable to the New States, these debts shall be paid in the legal currency (at the time of payment) of the State, of which the national of the former Austrian Empire or the national of the former Kingdom of Hungary has be- come a national, and that the rate of exchange applicable shall be the average rate quoted on the Geneva Exchange during the two mouths preceding November 1, 1918. companies Insurauce companies, whose principal place of business authorised to •,«. I'l • ^ c i jPii carry on busi- was lu temtory, which previously lormed part ot the ness for ten ^ tlrritOTyof former Austro-Hungarian Monarchy, have the rigid to former Austrian ^l • l • ' a j. • i • i P 'J Empire. carvij OH tlieiv business in Austrian territory lor a period of ten years from the coming into force of the Treaty with Austria [or in Hungarian territory for a period of ten years from the coming into force of the Treaty with Hungary] without the rights, which they previously enjoyed, being affected in any way by the change of nationality, and these companies and their property are protected against taxation in excess of taxation affecting national insurance companies and their property. These provisions are, however, only to apply, if and so long as Austrian [or Hungarian] insurance companies, which previously carried on business in the transferred terri- tories, are reciprocally accorded a similar right to carry on their business in the transferred territorv,^ ^ Article 272 of the Treaty with Austria ; Article 255 of the Treaty with Hungary. TERRITORY CEDED BY AUSTRIA OR HUNGARY lol Svecial aqreemenis will have to be made determiniiifr the ^^- ^^•' J^ '' _ ^ & Sec. I. (b). division of the property of associations or public corpora- special agree- . . i'Pj" • • i*i- luents as to hons carrvinof on their functions m territoriL which is division of pro Jo o perty of public divided in consequence of the Treaties with Austria and when^ej^rtory . is divided. Hungary. States, to which territory of the former Austro- rightfjf'indul Hunerarian Monarchy is transferred, and States arising; and krustic O -^ ~ property in from the dismemberment of that Monarchy, are required to te^rltoix^ recognise, and give effect to, rights of industrial^ literary, and artistic property in force in the territory at the time, when it passes to the State in question, or re-established or restored in accordance with the provisions of Article 258 of the Treaty with Austria and Article 241 of the Treaty with Hungary. These rights are to remain in force in that territory for the same period, for which they would have remained in force under the law of the former Austro- Hungarian Monarchy.^ SECTION II.— SPECIAL PROVISIONS IN PEACE TREATY WITH HUNGARY RELATING TO PRIVATE PROPERTY. There are only three special provisions introduced into ^|g^o|fsfjJ"°' Sections HI. to VH. of Part X. (Economic Clauses) of the to vn^'of Part X. of Treaty with Hungary and not found in the corresponding '^^f^J^}^ sections of the Treaty with Germany, to which the reader's attention should be called. The first of the above-mentioned special provisions is ^^} Limitation sum recover- contained in Article 231 of the Treaty with Hungary, ciearing°office in respect of which directs that : iswS'former " In the case of interest or capital sums payable in GOTemmeut. " respect of securities issued or taken over by the former " Austro-Hungarian Government, the amount to be 1 Article 273 of tlie Treaty with Austria ; Article 256 of the Treaty witli Hungary. 2 Article 274 of the Treaty with Austria ; Article 257 of the Treaty with Hungary. 152 SPECIAL PROVISIONS IN ch. IX., " credited and paid by Hungary will be the interest or "capital in respect only of the debt for which Hungary " is liable in accordance with Part IX. (Financial Clauses) " of the present Treaty, and the principles laid down " by the Reparation Commission." As has been stated in Chapter VHI. (see supra, pp. 123- 132), Article 186 of this Treaty provides that the respon- sibility for the debts of the former Hungarian Govern- ment shall be apportioned by the Reparation Commis- sion between the present State of Hungary and the several States, to whom part of the territory of the former Austro-Hungarian Monarchy is transferred under this Treaty. The effect of the above provision in Article 231 is to restrict the amount recoverable through the Clearing Office by a national of an Allied or Associated Power from the present Hungarian Government in respect of any security issued by the former Hungarian Government to such part of the capital and interest payable in respect of such security as will be or has been apportioned by the Reparation Commission to Hungary under Article 186. (2) Protection ^jjg secoud special provision in the Economic Clauses of property oi 1 i fofmeTKingdom of the Treaty with Hungary, to which it is desired to of Hungary who • • i 1 i 1. C acquire nation- di^ect thc reader s attention, is the last paragraph oi ality of Alhed '- '■- ^ ^reTtr^itif Article 232 (b), which exempts, from the right vested in each Allied and Associated Power to retain and liquidate enemy property within its territory, all property belong- ing to persons who, having been nationals of the former Kingdom of Hungary, show within six months from the coming into force of this Treaty, that they have ipso facto acquired the nationality of one of the Allied or Associated Powers under the terms of Article 62 of this Treaty, or in virtue of the previous rights of citizenship (pertinenza). Persons who, ^^g pcrsoiis, who ipso f J ' ' authorities lu and IV. of Article 232, which in effect declare that : NovSt" (i.) All measures (other than those specified in Clause I. of Article 232) taken between Novem- ber 3, 1918, and the coming into force of this Treaty by the de jure or de facto authorities in Hungary and causing injury to the property, rights, or interests of any Allied nationals or companies in which they are interested, shall be null and void, (ii.) The provisions contained in paragraphs {a), (e), (/), (h) and (/•) of Article 232 ^ shall apply to property ^ As to the meaning of^ pertinenza, see supra, p. 144. See infra, pp. 222-237. 154 SPECIAL PEOVISIONS IN Ch. IX., Sec. II. Property rights in territory transferred by Hungary. Property of Hungarians in Morocco, Egypt, and Siam. of Allied nationals, which has been subjected to injurious measures on the part of the de jure or de facto authorities in Hungary or of the Hungarian population, and (iii.) No forfeiture on account of failure to complete any formality or make any declaration imposed by Hunofarian laws or decrees since the Armistice (November 3, 1018) and the coming into force of this Treaty shall be valid as against the nationals of the Allied and Associated Powers. The provisions in the Treaty with Hungary affecting private property and rights in territory transferred by Hungary under this Treaty are fully dealt with in an earlier pan of this chapter (see supra, pp. 146-151). All such movable or immovable property in the Sherifian Empire (Article 83), or in Egypt (Article 92), or in Siam (Article 95), as belongs to Hungarian nationals will be dealt with in accordance with Sections IH. and IV. of Part X. of the Treaty with Hungary. SECTION III.— SPECIAL PROVISIONS IN THE PEACE TREATY WITH BULGARIA RELATING TO PRIVATE PROPERTY AND RIGHTS. (a) Special Provisions in the Economic Clauses of the Teeaty WITH Bulgaria as to Private Property and Rights as between Allied Nationals and Bulgarians. Special pro- visions in Economic Clauses of Treaty with Bulgaria. Revocation of war measures affecting con- cessions and contracts. The following special provisions in Sections IH. to YH. of the Economic Clauses of the Treaty with Bulgaria are not found in the corresponding sections of the Treaty with Germany : (a) The Bulgarian Government is bound to revoke all legislative or administrative provisions made during the war and interfering with the enjoy- ment by Allied or Associated nationals of the PEACE TREATY WITH BULGARIA 155 benefit of concessions or contracts in Bulgaria ^^^ ^^^^ vested in them (Article 177 [«]). (b) Compensation may be recovered by Bulgarians ^^JJ^S^'b" from the Government of the New States for "^*"^°'- measures prejudicial to the property of such Bulgarians taken in the territory of such new States (Article 177 [d]). (c) Certain arbitrary measures of the Bulgarian Government affecting the property of Allied and Associated nationals are declared void (Article 177 [d]). (d) Diplomatic and consular claims made before the n^fti^ta.S' war in respect of private property, rights, and property.' interests of the Allied and Associated nationals are to be submitted to the Mixed Arbitral Tribunal for adjudication (Article 179). (e) The private ria^hts referred to in the Treaties of undef xwlue^s Constantinople 1913, of Athens 1913, and of tmopie^^aens, Stamboul 1913, are to be unaffected by, and to ^'•'^^■ be protected in the event of, a transfer of territory by or to Bulgaria, and' in the event of disagree- ment such matters are to be referred to arbitration (Article 181). (/) Provision is made for the extension of concessions, guarantees of receipts, and rights of exploitation in Bulgarian territory as fixed by this Treaty as follows : Article 182. " Concessions, guarantees of receipts, and rights of ex- ^°?g'^it?°' "' *' ploitation in Bulgarian territory, as fixed by the present '' Treaty, in which nationals of the Allied and Associated " Powers, or companies or associations controlled by such " nationals, are interested, may in case either of abnormal " conditions of working or of dispossession resulting from *' conditions or measures of war be extended on the appli- 156 SPECIAL PliOVISIONS IN" «^ ■^^v / N " cation of the interested party, which must be presented Sec. III. (a). _ , . . " within three months from the coming into force of the ''present Treaty, for a period to be determined by the " Mixed Arbitral Tribunal which shall take account of "the period of dispossession or of the abnormal con- edition of working. " All arrangements approved, or agreements come to, " before the entry of Bulgaria into the war between the " Bulgarian authorities and companies or associations con- '' trolled by Allied financial groups are confirmed. Never- " theless, periods of time, prices, and conditions therein "laid down may be revised, having regard to the new " economic conditions. In case of disao^reement the "decision shall rest with the Mixed Arbitral Tribunal." ((/) Companies, which are incorporated in accordance with some law other than that of Bulgaria and o in which Allied nationals are interested, are authorised to transfer the property of such com- panies to other companies incorporated in accord- ance with the law of Bulgaria or one of the Allied or Associated Powers as follows : Article 186. property in " ^^^J compauy lucorporated in accordance with some ing to company " law othor thau that of Bulgaria owninof property, risfhts, incorpoiated "-' O J. i ./ ' O ' thalfBui^ariau! " ^r iuterosts in Bulgaria, which is now or shall hereafter " be controlled by nationals of the Allied or Associated " Powers, shall have the right, within five years from the " coming into force of the present Treaty, to transfer its " property, rights, and interests to another company incor- " porated in accordance with Bulgarian law or the law of " one of the Allied and Associated Powers whose nationals " control it ; and the company to which the property is " transferred shall continue to enjoy the same rights and PEACE TEEATY WITH BULGARIA 157 " privileges which the other company enjoyed under the ^ ^^_' " laws of Bulgaria and the terms of the present Treaty. " The company shall not be subjected to any special tax on ''account of this transfer." {h) Bulgaria is required by Article 195 of the Treaty f^^'tfr'' ,ria to into con- vention as to with Bulo^aria to enter into a special convention documents relating to determining all questions relative to the records, juerary pi and pro- registers, and copies in connection with the pro- tection of industrial, literary, or artistic property, and fix their eventual transmission or communica- tions by the Bulgarian Offices to the Offices of the States to which Bulgarian territory is transferred. The provisions in the Treaty with Bulgaria, which ^^^hlngef*^ °^ deal with private property and rights generally will be found in Part IL of this book, but it should here be stated that debts owing by Bulgarians to British subjects must be paid at the pre-war rate of exchange, which is at the rate of SToO {i.e., 31 J) leva to the pound sterling (if the contract does not provide for any other fixed rate of exchange). ih) Special Provisions in the Peace Treaty with Bulgaria RELATING TO PRIVATE PROPERTY IN TRANSFERRED TERRITORY. As a substantial part of Bulgarian territory has, under rights^^w- the provisions in the Treaty Avith Bulecaria, been ceded to under the Peace ^ JO' Treaty with several States, it has been necessary to make special pro- ^'^^°'*"^- visions relating to private property and rights within the territory of Bulgaria as between the former nationals of Bulgaria inter se. These special provisions are contained in Section VIII. (Articles 196 to 203) of Part IX. of the Peace Treaty with Bulgaria. For the purposes of Section VIII. the nationals of Bulgaria are divided into two classes (namely) : 158 SPECIAL PEOVISIONS IN Ch. IX., Sec III. (b). Persons who, ipso facto, acquire Allied nationality under Treaty with Bulgaria. Restoration of private property to nationals of territory trans- ferred by Bulgaria. Contracts be- tween former nationals of Bulgaria. («) Individuals and juridical persons, who acquire ipso facto under this Treaty the nationality of an Allied or Associated Power (and who are designated as " former Bulgarian nationals "), and (h) The remaining individuals and juridical persons, who were formerly nationals of Bulgaria (and who are designated as " Bulgarian nationals "). The following persons acquire ipso facto the nation- ality of an Allied or Associated Power under the Treaty with Bulgaria : Bulgarian nationals habitually resident in the terri- tories assigned (a) To the Serb-Croat-Slovene State will acquire Serb-Croat-Slovene nationality ipso facto, and (^) To Greece will acquire Greek nationality ipsa facto. But Bulgarian nationals, who became resident in these territories after January 1, 1913, will not acquire Serb- Croat-Slovene or Greek nationality without a permit from the Serb-Croat-Slovene State, in the former case, and from Greece, in the latter case. The Bulgarian Government is required by Article 196 of the Treaty with Bulgaria to restore to former Bulgarian nationals their property, rights, and interests situated in Bulgarian territory, and to repay to the ow^ners of such property, rights, and interests, all taxes and im- posts on capital w^hich have been levied or increased thereon since September 29, 1918. All contracts (not comprised in the exception herein- after mentioned) between former Bulgarian nationals of the one part, and Bulgaria or Bulgarian nationals of the other part, w^iich were made before and still were in force on September 29, 1918, remain in force. But any contract, to which a former Bulgarian national was a party, will be annulled ( except in respect of any debt or PEACE TREATY WITH BULGARIA 159 other pecuniary obligation arising out of any act done or ^^' ^^j- money paid thereunder) if (a) he has acquired the nation- aUty of any Allied or Associated Power, and (b) that Power shall, within six months from the coming into force of the Treaty with Bulgaria, notify to Bulgaria the can- cellation thereof in the general interest. Such cancella- tion will, however, not be made in any case where the Bulgarian national, who is a party to the contract, shall have received permission to reside in the territory of the Allied or Associated Power concerned. Any of the parties to a contract annulled by an Allied or Associated Power pursuant to the above provision may, if he has been prejudiced by such annulment, be granted com- pensation by the Mixed Arbitral Tribunal, but such compensation must be calculated solely on the capital employed without taking account of the loss of profits (Articles 198 and 199). With regard to prescriptions, limitations, and for- rndiiiuauons feitures in territory transferred from Bul2:aria, the transferred by •^ . Bulgaria. provisions of Articles 183 and 184 of the Treaty with Bulgaria (which are the same as Articles 300 and 301 of the Treaty with Germany)^ are to be applied with the substitution for the expression " outbreak of war " of the expression " date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law," and for the expression " duration of the war " of the expression "period between the date above indicated and that of the coming into force of the present Treaty " (Article 200). By Article 201 Bulgaria has undertaken to recognise, BuigfSaoT^^ r. 1 -1 f . agreements SO tar as she may be concerned, any agreement or con- between Aiiied •^ ./ o Powers to safe- vention, which has been or shall be made between the ^f'Jhei!"*"''*^'' Allied and Associated Powers for the purpose of safe- 1 See infra, pp. 256-261. 160 PEACE TREATY WITH BULCtARIA Ch. IX.. o-uarding the rights and interests of the nationals of these Sec. III. (b). p^^^^^,g interested in companies or associations consti- tuted according to the laws of Bulgaria, which exercise any activities whatever in the transferred territories, and also to facilitate all measures of transfer, to restore all documents or securities, to furnish all information, and generally to accomplish all acts or formalities appertaining to the above-mentioned agreements or conventions. Settlement of The Settlement of questions relating to debts con- debts owing by ^ . . pel?nswho° tracted before September 29, 1918, betw^een Bulgaria brBui^irians° or Bulgarian nationals resident in Bulgaria of the one part, and former Bulgarian nationals resident in the transferred territories of the other part, is by Article 202 required to be effected through the intermediation of Clearing Offices in accordance with Article 176 and the Annex thereto (corresponding to Article 296 of the Treaty with Germany), the expression " before the war" being replaced by the expression " before the date, which shall be fixed by administrative decision of each Allied or Associated Power, at which relations between the parties became impossible in fact or in law." If the debts were expressed in Bulgarian currency, they are to be paid in that currency ; if the debt was expressed in any currency other than Bulgarian, it is to be paid in the currency stipulated. CHAPTER X. Provisions in the Peace Treaty with Turkey affect- ing Private Property, Rights, and Interests. The Peace Treaty with Turkey, which was signed at Ch. x. Parties Treaty a Turkey. Sevres on August 10, 1920, is made between : Treaty' wuh {a) The British Empire, France, Italy, Japan, Armenia, Belgium, Greece, the Hedjaz, Poland, Portugal, Boumania, the Serb- Croat-Slovene State and Czecho-Slovakia,^ of the one part, and (b) Turkey, of the other part. The general framework of this Treaty, which is in ^r^'el^rw/th many ways similar to that of the other Treaties dealt ^'^'■^®^' with in the earlier chapters of this book,' is as follows : Part I. The Covenant of the League of Nations. Part 11. defines the frontiers of Turkey. Part III. deals with territorial and political matters. Part IV, provides for the protection of minorities in Turkey. Part V. contains military, naval, and air clauses. Part VI. deals with the prisoners of war and graves. Part VII. provides for the punishment of those who have violated the laws and customs of war. Part VIII. contains the Financial Clauses. Part IX. contains the Economic Clauses. Part X. deals with Aerial Navigation. Part XL contains j^rovision with reference to Ports, Waterways, and Railways. Part XII. deals with Labour, and Part XIII. contains miscellaneous matters. ^ It will be noted that the United States of America are not made parties to this Treaty. 161 11 162 PRIVATE PROPERTY UNDER Distinguishing features of Economic Clauses of Treaty with Turkey. ^- X Though the provisions in Part IX. (Economic Clauses) Provisions 'n •imi rv • Treaty with^_^ 01 the Peace Ireaty with Turkey anectnig private and hftw-^«!^tr*^ property and rights are in many respects substantially the same as the corresponding provisions in the Treaties with Germany, Austria, Hungary, and Bulgaria, the reader will find, that there are, on the one hand, a number of Articles in the Treaty with Turkey dealing with matters not touched on by the other Peace Treaties, and, on the other hand, some important matters in these last-mentioned Treaties are entirely omitted from the Treaty with Turkey. The chief features, which distinguish the Economic Clauses of the Treaty with Turkey, so far as they affect private property and rights, from the corresponding pro- visions in the Economic Clauses of the other Treaties, are : 1. No provision is made for collecting debts through a Clearing Office. 2. No provision is made for the creation of a Mixed Arbitral Tribunal to deal with disputes relating to private property and rights as between Turkish nationals and nationals of Allied Powers. These matters are dealt with by an Arbitral Commission appointed by the League of Nations. 3. Special provisions are made for dealing with rail- way undertakings in Turkey. 4. Special provision is made for the liquidation of private property and rights in Turkey belonging to Germany, Austria, Hungary, and Bulgaria and their nationals and the payment of the pro- ceeds of liquidations of property of the four last- mentioned States to the Reparation Commission established under the Peace Treaty with the State to which the property belongs. 5. Where the question arises, whether a pre-war contract between a Turk and a national of an THE TREATY WITH TURKEY 163 Allied Power will be maintained or dissolved, the ^^- ^• matter will be decided in accordance with the law of such Allied Power. 6. Special provisions are made for safeguarding : (a) The rights of Allied nationals holding conces- sions granted by the Turkish Government or Turkish local authorities, and {!>) Companies controlled by Allied nationals and operating in Turkey and the property and rights of such companies. 7. The term " national of the Allied Powers," as used in the Economic Clauses of the Treaty with Turkey, has a wide meaning, comprising, as it does, "pro- tected persons " and companies controlled by Allied groups or nationals, or in which such groups or nationals possessed a preponderant interest before August I, 1914, 8. The United States of America are not parties to this Treaty. The Treaty with Turkey is to be ratified (like the rndTteifan^"^''' Treaties with Austria, Hungary, and Bulgaria) in French, Treaty"'"^ in English, and in Italian, and in case of divergence the French text prevails, except in Parts I. and XII., where the French and English texts have equal force. Before dealing with the provisions in the Treaty ^1°"^^^^^ "' defining the rights with reference to private property, the attention of the reader should be called to the following provisions in this Treaty relating to Egypt and Egyptians and property in Egypt. Article 102. " Turkish subjects habitually resident in Egypt on sil'bSots "December 18, 1914, will acquire Ecryptian nationality EgypTon" Decerabcr IS " ipso facto and will lose their Turkish nationality, except ^^'^*- " that, if at that date such persons were temporarily 164 PRIVATE PROPERTY UNDER Ch. X. "absent from, and have not since returned to, Egypt, "they will not acquire Egyptian nationality without a "special authorisation from the Egyptian Government." Article 103. Jub\;ct8who "Turkish subjects, who became resident in Egypt reSntsin "after December 18, 1914, and are habitually resident Egypt after . , n i December 18, " there at the date of the commg into force of the present " Treaty, may, subject to the conditions prescribed in "Article 105 for the right of option, claim Egyptian " nationality, but such claim may in individual cases be "refused by the competent Egyptian Authority." Article 104. Ifyptians to be " Eor all purposcs connected with the present Treaty, Power and ' " Esfvpt aud Egfvptian nationals, their goods and vessels, Allied nationals. OJ f ^J L ' & "shall be treated on the same footing, as from August 1, "1914, as the Allied Powers, their nationals, goods and " vessels, and })rovisions in respect of territory under " Turkish sovereignty, or of territory detached from " Turkey in accordance with the present Treaty, shall " not apply to Egypt." Article 111. TuT/in Egypt. "All movable and immovable property in Egypt " belonging to Turkish nationals (who do not acquire " Egyptian nationality) shall be dealt with in accordance " with the provisions of Part IX. (Economic Clauses) of "the present Treaty." The following pages deal fully with the material portions of Part IX. (Economic Clauses) of the Treaty with Turkey : menrry""''"' The provlslons in Section III. of Part IX. of the Peace Treaty Treatv wlth Turkcv dealino^ with industrial, literary, and with Turkey. -^ J r> ' J ' THE TREATY WITH TURKEY 165 artistic copyright are almost identical with those contained ^^- ^• in Section VII. of Part X. of the Treaty with Germany. By Article 1^72 Turkey undertakes to adhere to the International Convention of Paris of March 20, 1883 (for the protection of industrial property), as revised at Washington on June 2, 1911, and the International Convention of Berne of September 9, 1886 (for the pro- tection of literary and artistic works), as revised at Berlin on November 13, 1908, within a period of twelve months from the coming into force of the Treaty with Turkey. Articles 281, 282, 283, 284, and 285 (Section III. of Part IX.) of the Treaty with Turkey as to industrial, literary, and artistic property are identically the same as Articles 306, 307, 309, 310, and 311 of the Treaty with Germany,^ subject to the following modifications : The words " Turkey," " Turkish," and "Arbitral Commission" are respectively substituted for the words "Germany," *' German," and "Mixed Arbitral Tribunal." Article 286 of the Treaty with Turkey further pro- vides that a Special Convention shall determine all questions relative to the records, registers, and copies in connection with the protection of industrial, literary, and artistic property and fix their eventual transmission or communication by the Turkish ofiices to the offices of the States in favour of which territory is detached from Turkey. Section IV. of Part IX. of the Treaty with Turkey, ^^^^^f^l^ ^.ig^ts, which deals with the subject of "Property, Kights, and Caty wuh^ ''' T 55 • • • -1 1 T Turkey. Interests, is in many ways similar to the corresponding Section IV. of Part X. of the Treaty with Gdrmany. The following are the main provisions of Section IV* of the Treaty with Turkey : 1 These Articles are set out at length in Part II. infra, pp. 289-30-3, with the variants in the Treaty with Turkey. 2 See infra, pp. 223-249. 166 PRIVATE PROPERTY UNDER Ch. X. Article 287. Anfe?ruItio.mis "The property, rights, and interests, situated in of their jnopurty n , ■ , i • i i T^ 1 • l • j. and interests in temtorv which was under iurkisn sovereio;nty on Turkish -^ . territory. '' August 1, 1914, aud belougiug to nationals of Allied " Powers who were not during the war Turkish nationals, " or of companies controlled by them, shall be immediately " restored to their owners free of all taxes levied by or " under the authority of the Turkish Government or " authorities, except such as would have been leviable in " accordance with the capitulations. Where property " has been confiscated during the war or sequestrated in " such a way that its owner enjoyed no benefit therefrom, "it shall be restored free of all taxes. "The Turkish Government shall take such steps as "may be within its power to restore the owner to the " possession of his property free from all encumbrances or " burdens with which it may have been charged without " his assent. . It shall indemnify all third parties injured " by the restitution. ^TMohi'"'' " If ^^^ restitution provided for in this Article cannot raenVwhe?r™' " be effectcd, or if the property, rights, or interests have proi^erty of cumotT"'"'''^ "been damaged or injured, whether they have been dTmag^d""^ "seized or not, the owner shall be entitled to compensa- "tion. Claims made in this respect by the nationals of " Allied Powers, or by companies controlled by them, shall " be investigated, and the total of the compensation shall " be determined by an Arbitral Commission to be ap- " pointed by the Council of the League of Nations. This Property of " conipensatiou shall be borne by the Turkish Govern- Turks in Allied J- '^ be'charged with " mcut, aud may be charged upon the property of Turkish suc^ compensa- " j^^^'^j^g^jgi ^yithiu thc tcrrltory or under the control of " the claimant's State. So far as it is not met from this " source, it shall be satisfied out of the annuity referred to 1 As to the meaning of "Turkish national," see r,ifra, Article 290, p. 168. THE TREATY WITH TURKEY 167 "in Article 236 (ii.) of Part VIII. (Financial Clauses) ' of ci»- ^ " the present Treaty. " The above provision shall not impose any obligation " on the Turkish Government to pay compensation for "damage to property, rights, and interests effected since " October 30, 1918, in territory in the effective occupation " of the Allied Powers and detached from Turkey by the "present Treaty. Compensation for any actual damage " to such property, rights, and interests, inflicted by the " occupying authorities since the above date shall be a " charge on the Allied authorities responsible." It being the duty imposed upon the Turkish Govern- ^*^P^*b°y^lnied . - , , , national to ment bv Article 287 to take the necessary steps to recover his •J ^ J. property in restore to Allied owners their property in Turkish Turkey. territory, the proper course to be pursued by the Allied owner, to whom the property is not voluntarily restored, is to apply to the Foreign Office of the Allied Power, of which he is a national, in order that representations should be made to the Turkish Government to take the necessary steps to restore the property to the Allied owner. Article 288. "The property, rights, and interests in Turkey of R;„«J°;-f°r' "former Turkish nationals who acquire ms'(? /ac^o the nationals of i L ^ territory ceded " nationality of an Allied Power or of a new State in ^'^ ^""'"^y- " accordance with the provisions of the present Treaty, or " any further Treaty regulating the disposal of territories "detached from Turkey, shall be restored to them in " their actual condition." Turkish subjects habitually resident in territory, which in accordance with the provisions of the present Treaty is detached from Turkey, will become, ipso facto, in the conditions laid down by the local law, nationals of the State, to which such territory is transferred (Article 123). * ^QG supra, pp. 118-119. 168 PRIVATE PROPERTY UNDER ^^ ^- Article 289. powerof Allied " Siibiect to aDV coiitrarv stipulations, which may be Powers to retain J j j t. ^rXT "provided ill the present Treaty, the Allied Powers the'ir'tcrritory. " rescrve the right to retain and liquidate all property, "rio-hts, and interests of Turkish nationals^ or companies "controlled by them, within their territories, colonies, " possessions, and protectorates, excluding any territory "under Turkish sovereignty on October 17, 1912. " The liquidation shall be carried out in accordance " with the laws of the Allied Power concerned, and the "Turkish owner shall not be able to dispose of such " property, rights, or interests, or to subject them to any "charge, without the consent of that Power." Article 290. Persons who are " Turkish uatioiials who acquire ipso facto the nation- not considered ■■• / e/ national^'''' " allty of au Allied Power or of a new State in accordance " with the provisions of the present Treaty, or any further " Treaty regulating the disposal pf territories detached "from Turkey, will not be considered as Turkish " nationals within the meaning of the fifth paragraph of "Article 281, Articles 282, 284, the third paragraph of "Article 287, Articles 289, 291, 292, 293, 301, 302, "and 308." Article 291. Power of Allied "All propertv, rio-hts, and interests of Turkish Powers to r 1 ./ o ^ in- i t-» of Tu^kHS " nationals within the territory of any Allied Power, wuhamounu.f " excludinsc any territory under Turkish sovereignty on claims of their O J ./ i p i • ' i againstTurks. '' October l7, 1912, and the net proceeds of their sale, "liquidation, or other dealing therewith, may be charged " by that Allied Power with payment of amounts due in " respect of claims by the nationals of that Allied Power ^ > See infra, Article 290. 2 As to tlie meaning of " national of an Allied Power,'* see infra, p. 185 THE TREATY WITH TURKEY 169 " under Article 287, or in respect of debts owing to them ch. x. " by Turkish nationals. "The proceeds of the liquidation of such property, ''rights, and interests not used as provided in Article ''289 and in the first paragraph of this Article shall be " paid to the Financial Commission, to be employed in "accordance with the provisions of Article 236 (ii.) " (Financial Clauses)^ of the present Treaty." Article 236 (ii.) provides for the payment of an in- demnity against all loss or damage suffered by nationals of the Allied Powers (as defined by Article 317) in respect of their persons or property through the action or negli- gence of the Turkish authorities during the war and up to the coming into force of the Treaty with Turkey. Article 292. " The Turkish Government undertakes to compensate "^Z^^^^t^ " its nationals in respect of the sale or retention of their retention or saie J- of their property "property, rights, or interests in Allied countries." iw!4*;'^ Article 293. "The Governments of an Allied Power or new State J;;^^^^^"^ °* "exercising; authority in territory detached from Turkey panics in cs ./ J '' territory ceded " in accordance with the present Treaty, or any other ^^ Turkey. " Treaty concluded since October 17, 1912, may liquidate " the property, rights, and interests of Turkish companies ^' or companies controlled by Turkish nationals in such " territory ; the proceeds of the liquidation shall be paid " direct to the company. " This Article shall not apply to companies in which " Allied nationals, including those of the territories placed "under mandate, had on August 1, 1914, a prepon- " derant interest. " The provisions of the first paragraph of this Article ^ See supra, p. 118. com- pensate Turks 170 PRIVATE PROPERTY UNDER Ch. X. u relating to the payment of the proceeds of liquidation, " do not apply in the case of railway undertakings where "the owner is a Turkish company in which the majority " of the capital or the control is held by German, "Austrian, Hungarian, or Bulgarian nationals either "directly or through their interests in a company "controlled b}' them, or was so held on August 1, 1914. " In such case the proceeds of the liquidation shall be " paid to the Financial Commission." The provisions of Article 293 are, however, not applicable to Smyrna and the adjacent territory (see Article 80). Article 294. tlkirgs^in"'^^'" " The Turkish Government shall, on the demand of Turkey tobe^^. ••iaitit-* transferred as thc prmciual Allied Powcrs, take over the undertakmg:, the Financial ^ ^ ' o" toecTs!^''"'' " property, rights, and interests of any Turkish company " holding a railway concession in Turkish territory as it " results from the present Treaty, and shall transfer in " accordance with the advice of the Financial Commission " the said undertaking, property, rights, and interests " together with any interest which it may hold in the line " or in the undertaking, at a price to be fixed by an "arbitrator nominated by the Council of the League of " Nations. The amount of this price shall be paid to the " Financial Commission and shall be distributed by it, " together with any amount received in accordance with " Article 293, among the persons directly or indirectly " interested in the company, the proportion attributable " to the interests of nationals of Germany, Austria, " Hungary, or Bulgaria being paid to the Reparation " Commission established under the Treaties of Peace " with Germany., Austria, Hungary, and Bulgaria " respectively ; the proportion of the price attributable "to the Turkish Government shall be retained by the " Financial Commission for the purposes referred to in THE TREATY WITH TURKEY 171 "Article 236, Part YIII. (Financial Clauses), of the en x. "present Treaty." Article 295. " Until the expiration of a period of six months from deaK wlti/ . , property in "the coming into force of the present ireaty, the Turkey beion^^^^ "Turkish Government will effectively prohibit allC*gL'V,or . , . Bulgaria, or 'dealings with the property, rights, and mterests withui their nationals. " its territory which belong, at the date of the coming " into force of the present Treaty, to Germany, Austria, "Hungary, Bulgaria,, or their nationals, except in so far "as may be necessary for the carrying into effect of "the provisions of Article 260 of the Treaty of Peace "with Germany^ or any corresponding provisions in the " Treaties of Peace with Austria, Hungary, or Bulgaria. " Subject to any special stipulations in the present ^^Xp^operty* "Treaty affecting property of the said States, the " Turkish Government will proceed to liquidate any of " the property, rights, or interests above referred to, " which may be notified to it within the said period "of six months by the Principal Allied Powers. The " said liquidation shall be effected under the direction " of the said Powers, and in the manner indicated by " them. The prohibition of dealings with such property " shall be maintained until the liquidation is completed. " The proceeds of liquidation shall be paid direct " to the owners, except where the property so liquidated "belongs to the German, Austrian, Hungarian, or "Bulgarian States, in which event the proceeds shall be " handed over to the Reparation Commission established "under the Treaty of Peace with the State to which " the property belonged." 1 Under Article 260 of the Treaty with Germany the Reparation Commission has a right to demand that the German Government shall become possessed of any rights and interests of German nationals in any public utility undertaking or in any concession operating in Turkey, and shall ti-ansfer such rights and interests to the Reparation Commission. There are corresponding pi-ovisions in Article 211 of the Treaty with Austria, Article 194 of the Treaty with Hungary, and Article 139 of the Treaty with Bulgaria. 172 PEIVATE PROPERTY UNDER Ch X Article 29G. propertV""" " The Govemments exeFcisino^ authority In territory belonging to -, , , ^ Au«tria5' "aetached from Turkey in accordance with the present Bui'Sin' " Treaty may liquidate any property, rio^hts, and interests, tc'iritorv ceded • i • i ^ a i ./ O by Turkey. " withui such territory, which belong at the date of the "coming into force of the present Treaty to Germany, " Austria, Hungary, Bulgaria, or their nationals, unless "they have been dealt with under the provisions of "Article 200 of the Treaty of Peace with Germany or " any corresponding provisions in the Treaties of Peace " with Austria, Hungary, or Bulgaria. The proceeds of " the liquidations shall be disposed of in the manner " provided by Article 295." Article 297. Compensation " If, QU the appHcatiou of the owner, the Arbitral for unfair ■■• '- GOTernment'L " Commissiou provided for in Article 287 is satisfied that by Turkey. "the couditious of Sale of property liquidated in virtue "of Articles 293, 295, or 290, or measures taken outside " its general legislation by the Government exercising "authority in the territory, in which the property was " situated, was unfairly prejudicial to the price obtained, " the Commission shall have discretion to award to the " owner equitable compensation to be paid by that " Government." Confirmation of Article 298 coufirms the validity of all orders made orders or direc- ./ or°Governments by the Courts and Government departments of the of the Contract- .n- -, -p. . , -, . , ing Powers. Allied Powers with regard to enemy property, rights, and interests in their territories. This Article follows verbatim the first paragraph of clause 1 of the Annex to Section IV. of Part X. of the Treaty with Germany, subject to («) the substitution of the words " Allied Powers " for the words " Hi^h Contracting: Parties," and {h) the omission of the last sentence beginning with the word "Provided."^ 1 See infra, p 239. THE TREATY WITH TURKEY 173 Ch. X. Article 299. " The validity of any measures taken between confirmation of •^ J ■^■^i^ .T vjv^xx measures taken "October 30, 1918, and the coming into force of the so^ms! by '' Allied Powers 3iS " present Treaty, by or under the authority of one or c^eiuraffwrs " more of the Allied Powers in regard to the property, nationals. " rights, and interests in Turkish territory of Germany, "Austria, Hungary, or Bulgaria, or their nationals, is "confirmed. Any balance remaining under the control " of the Allied Powers as the result of such measures " shall be disposed of in the manner provided in the last "paragraph of Article 295." Article 300. " No claim or action shall be made or brought against xurks^cannot J ( . 1 , . 1 -p. . . make claim as any Alhed Power or against any person acting on ^i^g^ Power " behalf of or under the direction of any legal authority p'JJperty of " or department of the Government of such a Power by " Turkey, or by or on behalf of any person, wherever " resident, who on August 1,1914, was a Turkish national, " or who became such after that date, in respect of any " act or omission with regard to the property, rights or " interests of Turkish nationals durino; the war or in "preparation of the war. " Similarly, no claim or action shall be made or " brought against any person in respect of any act or " omission under or in accordance with the exceptional " war measures, laws, or regulations of any Allied Power." Article 301. " The Turkish Government, if required, will, within d"n^eJ:'t*o Aiiied a • i.1 I" J.1 ' ' ^ r i? j_1 J. Power securities six months trom the coming into force ot the present of Turkish iiTT-r-k •• national relat- Treaty, deliver to each Allied Power any securities, i^\\'Ji^™''®''*^ " certificates, deeds, or documents of title held by its ''''""*' y- " nationals and relating to property, rights, or interests. shall be paid. 171 PRIVATE PROPERTY UNDER ch. X " which are subject to liquidation in accordance with "the provisions of the present Treaty, including any " shares, stock, debentures, debenture stock, or other " obligations of any company incorporated in accordance " with the laws of that Power. " The Turkish Government will, at any time, on " demand of an Allied Power concerned, furnish such " information as may be required with regard to any " transactions concerning such property, rights, or "interests since July 1, 1914." Article 302. whicHebt" "Debts, other than the Ottoman Public Debt "provided for in Article 236 and Annex L, Part VIII. " (Financial Clauses),^ of the present Treaty, between the " Turkish Government or its nationals resident in " Turkish territory on the coming into force of the "present Treaty (with the exception of Turkish com- " panies controlled by Allied groups or nationals), on the " one hand, and the Governments of the Allied Powers "or their nationals, who were not on August 1, 1914, " Turkish nationals or (except in the case of foreign "officials in the Turkish service, in regard to their "salaries, pensions, or official remuneration) resident or " carrying on business in Turkish territory, on the other " hand, which were payable before the war, or became "payable during the war and arose out of transactions'^ " or contracts of which the total or partial execution " was suspended on account of the war, shall be paid "or credited in the currency of such one of the Allied "Powers, their colonies or protectorates, or the British " Dominions or India, as may be concerned. If a debt " was payable in some other currency, the conversion " shall be effected at the pre-war rate of exchange. ' See sitpra, ]ip. 119, 137. 2 As to the meauiiit' of tlic term " transactions," see infra, \\ 201. THE TREATY WITH TURKEY 175 " For the purpose of this provision the pre-war rate ^^' ^ " of exchange shall be defined as the average cable " transfer rate prevailing in the Allied country con- *' cerned during the month immediately preceding the " outbreak of war between the said country and Turkey.^ " If a contract provides for a fixed rate of exchange " governing the conversion of the currency, in which the " debt is stated, into the currency of the Allied Power " concerned, then the above provisions concerning the " rate of exchange shall not apply. " The proceeds of liquidation of enemy property, *' rights and interests, and the cash assets of enemies, " referred to in this section, shall also be accounted for " in the currency and at the rate of exchange provided " for above. " The provisions of this Article regarding the rate of " exchange shall not affect debts due to or from persons " resident in territories detached from Turkey in accord- " ance with the present Treaty." As this Treaty does not provide any special machinery for the recovery of pre-war debts owing by Turkish nationals to Allied nationals, it follows that such debts, which are not paid voluntarily, must be recovered in the ordinary way by legal proceedings before the proper tribunals. Debts owing by Allied nationals to Turkish nationals will, of course, not be paid by the Allied nationals ; but, where such a debt is owing, the proper course to be adopted is to communicate with the Allied Government and inform them that such a debt is due, and the Allied Government will require payment of such debt to be made to them. Allied Powers have, as we have seen, a right under Articles 289 and 291 to retain and liquidate and charge all property, rights, and interests of Turkish nationals within their territories. ^ There was no quotation between October 5 and ISTovember 5, 1914, Roughly the Turkish £ was then worth 18 shillings and 2 pence. The £ sterling was worth about 110 piastres. 176 PRIVATE PROPERTY UNDER Ch. X. Articles 287 to 802 to applv to industrial and literary property. Contracts, pre- scriptions, and judgments. Law to be applied to con- tract between Turkish and Allied nationals. Article 303. "The provisions of Articles 287 to 302 apply to "industrial, literary, and artistic property which has "been or may be dealt with in the liquidation of " property, rights, interests, companies, businesses under " war legislation by the Allied Powers, or in accordance " with the stipulations of the present Treaty." Section V. of Part IX. of the Treaty with Turkey, which deals with contracts, prescriptions, and judgments, is in many ways similar to Section V. of Part X. of the Treaty with Germany.^ The following are the provisions of Section V. of the Treaty with Turkey : Article 304. " Subject to the exceptions and special rules with " regard to particular contracts or classes of contracts "contained in the Annex hereto, any contract concluded " between enemies- will be maintained or dissolved " according to the law of the Allied Power, of which the "party who w^as not a Turkish subject on August 1, " 1914, is a national, and on the conditions prescribed by "that law." Article 304 is not applicable to contracts between Japanese and Turkish nationals. Article 305. pSTTpro- "All periods of prescription or limitation of right of the war. " actiou, whether they began to run before or after the " outbreak of war, shall be treated in the territory of the " High Contracting Parties, so far as regards relations " between enemies,^ as having been suspended from "October 29, 1914, till the coming into force of the 1 See infra, pp. 251-281. 2 As to the meaning of " enemies," see infra, p. 177- THE TREATY WITH TURKEY 177 ** present Treaty. They shall begin to run again at ^^- ^• " earliest three months after the coming into force of the "present Treaty. This provision shall apply to the "period prescribed for the presentation of interest or *' dividend coupons or for the presentation for repayment " of securities drawn for repayment or repayable on any "other ground. " Having regard to the provisions of the law of "Japan, neither the present Article, nor Article 304, nor " the Annex hereto, shall apply to contracts made between "Japanese nationals and Turkish nationals." Article 306 of the Treaty with Turkey (dealing with SSs negotiable instruments) is in precisely the same terms as enemies are <=» / L J yalid notwith- Article 301 of the Treaty with Germany.^ As regards ^*^^^,^,",°^:ti, the meaning of the word " enemies," Clause 1 of the . 1 oi I • -\T • 1 /* n Meaning of term Annex to Section V. provides as lollows : "enemies.- " Within the meaning of Articles 304 to 306 and of " the provisions of this Annex, the parties to a contract "shall be regarded as enemies when trading between " them became impossible in fact, or was prohibited by " or otherwise became unlawful under laws, orders, or " regulations to which one of those parties was subject. " They shall be deemed to have become enemies from the "date when such trading became impossible in fact, or "was prohibited or otherwise became unlawful." The following provisions are made with reference to orders and judgments made and delivered by Turkish and Allied Courts and authorities : Article 307. "Judgments given or measures of execution ordered °^^^^g^°^<^ ^^ "during: the war by any Turkish iudicial or administra- and authorities le . ^ . . ... . afifecting Allied tive authority against or prejudicially affecting the '***'<«*^^«- •■■ See infra, p, 261. 12 178 PRIVATE PROPERTY UNDER ch. X. ** interests of a person who was at the time a national of " an Allied Power, or against or affecting the interests of "a company in w^hich such an Allied national was " interested, shall be subject to revision on the applica- "tion of that national, by the Arbitral Commission "provided for in Article 287.^ Where such a course is " equitable and possible, the parties shall be replaced in "the situation which they occupied before the judgment " was given or the measure of execution ordered by "the Turkish authority. Where that is not possible, "the national of an Allied Power who has suffered " prejudice by the judgment or measure of execution "shall be entitled to recover such compensation as the " Arbitral Commission may consider equitable, such com- " pensation to be paid by the Turkish Government. Compensation " Where a contract has been dissolved by reason tor aissolution •/ of contract. " ^-^.j^gj. ^^f failure ou the part of either party to carry " out its provisions, or of the exercise of a right stipulated " in the contract itself, the party prejudiced may apply " to the Arbitral Commission. This Commission may "grant compensation to the prejudiced party, or may " order the restoration of any rights in Turkey which " have been prejudiced by the dissolution wherever, " having regard to the circumstances of the case, such " restoration is equitable and possible. " Turkey shall compensate any third party who may " be prejudiced by any restitution or restoration effected " in accordance with the provisions of this Article." Article 308. or consutal'''"'^ " All questlous relating to contracts concluded before mine rights "the comlug luto force of the present Treaty between under contracts '-' i. J Twks^and*""' " persons who were or have become nationals of the bcfo're Treaty* " " Allied Powcrs, or of the new States whose territory is comes into *°'^'=®- " detached from Turkey and Turkish nationals, shall be ^ See supra, p. 166. THE TEEATY WITH TURKEY 179 "decided by the national Courts or consular Courts of^^'-^- " the Allied Power or new State of which one of the " parties to the contract is a national, to the exclusion of "the Turkish Courts." Article 309. " Judgments gfiven by the national or consular Courts Judgments and ci a J orders of Allied " of an Allied Power or new State whose territory is AXtrar*^ " detached from Turkey, or orders made by the Arbitral recognised as •^ "^ final in Turkey. " Commission provided for in Article 287, in all cases " which, under the present Treaty, they are competent " to decide, shall be recognised in Turkey as final, and " shall be enforced without it being necessary to have "them declared executory." While dealing with the subject of orders made by Courts of the belligferent Powers with reference to dis- putes between the Allied nationals and Turks, reference should be made to Article 418 of the Treaty with Turkey (which is in precisely the same terms as Article 440 of the Treaty with Germany,^ subject to the substitution therein of "Turkey" and "Turkish" for "Germany" and "German"), whereby the Orders of Allied Prize Courts are accepted, but the Orders of the Turkish Prize Courts are made liable to revision. Orders of Prize Courts. " Concessions" nies. Section VI. of Part IX. of the Treaty with Turkey and compa contains a number of provisions, the object of which is to safeguard concessions and companies, in which Allied nationals are interested. These provisions are as follows : Akticle 310. "In the application of the provisions of Article 287, hewTy Aiued " Allied nationals and companies controlled by Allied territory •'■ ■' remaining " groups or nationals holding concessions^ granted before Treaty!' ""'^^ "October 29, 1914, by the Turkish Government or by 1 See supra, pp. 95, 100. 2 As to the meaning of " concession," see infra, p. 267. 180 PRIVATE PROPERTY UNDER Ch. X. any Turkish local authority in territory remaining Turkish under the present Treaty, or holding concessions which may be assigned to them by the Financial Com- mission in virtue of Article 294, shall be replaced by such Government or authorities in complete possession of the rights resulting from the original concession con- tract and any subsequent agreements prior to Octo- ber 29, 1914. The Turkish Government undertakes to adapt such contracts or agreements to the new economic conditions, and to extend them for a period equal to the interval between October 29, 1914, and the coming into force of the present Treaty. In cases of dispute with the Turkish Government the matter shall be submitted to the Arbitral Commission referred to in Article 287. " All legislative or other provisions, all concessions and agreements subsequent to October 29, 1914, and prejudicial to the rights referred to in the preceding paragraph, shall be declared null and void by the Turkish Government. "The concessionaires referred to in this Article may, If the Financial Commission approves, abandon the whole or part of the compensation accorded to them by the Arbitral Commission under the conditions laid down in Article 287 for damage or loss suffered during the war, In exchange for contractual compensation." Concessions held by Allied nationals in territory detached from Turkey and placed under tutelage of a Principal Allied Power. Article 311. " In territories detached from Turkey to be placed under the authority or tutelage of one of the Principal Allied Powers,^ Allied nationals, and companies con- trolled by Allied groups, or nationals holding concessions granted before October 29, 1914, by the Turkish ^ That is to say, the Eritisb Einjiirc, France, Italy, or Japan. THE TEE AT Y WITH TURKEY 181 *' Government, or by any Turkish local authority, shall ^^' X- ** continue in complete enjoyment of their duly acquired " rights, and the Power concerned shall maintain the " guarantees granted or shall assign equivalent ones. " Nevertheless, any such Power, if it considers that *' the maintenance of any of the concessions would be " contrary to the public interest, shall be entitled, within *' a period of six months from the date on which the " territory is placed under its authority or tutelage to *' buy out such concession or to propose modifications " therein ; in that event it shall be bound to pay to the " concessionaire equitable compensation in accordance " with the following provisions : " If the parties cannot agree on the amount of such " compensation, it will be determined by Arbitral Tri- " bunals composed of three members, one designated by " the State of which the concessionaire or the holders of " the majority of the capital in the case of a company is " or are nationals, one by the Government exercising *' authority in the territory in question, and the third " designated, failing agreement between the parties, by " the Council of the League of Nations. *' The Tribunal shall take into account, from both the " legal and equitable standpoints, all relevant matters, *' on the basis of the maintenance of the contract adapted " as indicated in the following paragraph : " The holder of a concession which is maintained in " force shall have the right, within a period of six months " after the expiration of the period specified in the second " paragraph of this Article, to demand the adaptation of " his contract to the new economic conditions, and in the " absence of agreement direct with the Government con- " cerned the decision shall be referred to the Arbitral *' Commission provided for above." 182 PRIVATE PROPERTY UNDER Ch. X. Article 312. hcurbyTuied " 111 all temtorles detached from Turkey, either as a nationals in teiTitory which rcsult 01 the Balkan Wars in 1913, or under the present is detached from ' J- piace^undc"'''^ "Treaty, other than those referred to in Article 311, the tutelage of ^. ^ ^ • ^ i o • i • • in* lower^'''^ ■^"''^'' btate which dennitely acquires the territory shall ipso "facto succeed to the duties and charges of Turkey " towards concessionaires and holders of contracts, referred "to in the first paragraph of Article 311, and shall "maintain the guarantees granted or assign equivalent "ones. "This succession shall take effect, in the case of " each acquiring State, as from the coming into force "of the Treaty under which the cession was effected. " Such State shall take all necessary steps to ensure " that the concessions may be worked and the carry- " ing out of the contracts proceeded with without " interruption. " Nevertheless, as from the coming into force of the "present Treaty, negotiations may be entered into " between the acquiring State and the holders of contracts " or concessions, with a view to a mutual agreement for " bringing such concessions and contracts into conformity " with the legislation of such States and the new economic " conditions. Should agreement not have been reached " within six months, the State or the holders of the " concessions or contracts may submit the dispute to " an Arbitral Tribunal constituted as provided in "Article 311." Article 313. paper nfoncy'' " Thc appHcatiou of Artlclcs 311 and 312 shall not not affected ^y ^ . AxticieBsu and give rise to any award of compensation in respect of the "right to issue paper money." THE TREATY WITH TURKEY 183 Ch. X. Article 314. *' The Allied Powers shall not be bound to recognise ^""ntl^'after " in territory detached from Turkey the validity of the STterritory^ ' iiirni'i/^ detached from *' grant of any concession granted by the Turkish Govern- Turkey. "ment or by Turkish local authorities after October 29, " 1914, nor the validity of the transfer of any concession " effected after that date. Any such concessions and "transfers may be declared null and void, and their "cancellation shall give rise to no compensation." Article 315. " All concessions or rights in concessions granted by ^"anTld^b^ "the Turkish Government since October 30, 1918, and octobJrso.ms, to Germans, "all such concessions or rights granted since August 1, Hungarians, "1914, in favour of German, Austrian, Hungarian, xurS"'^""^' *° " Bulgarian, or Turkish nationals or companies controlled "by them, until the date of the coming into force of the "present Treaty, are hereby annulled." Article 316. " (a) Any company incorporated in accordance with Jany'coSied " Turkish law and operating in Turkey, which is now or nationals may . , transfer their "shall hereafter be controlled by Allied nationals, shall ^ssets^to^ ,^^^^ "have the rig-ht, within five years from the comins; into accordance with * -' n ' Allied law. " force of the present Treaty, to transfer its property, " rights, and interests, to another company incorporated in "accordance with the law of one of the Allied Powers " whose nationals control it ; and the company to which " the property, rights, and interests are transferred shall " continue to enjoy the same rights and privileges as the " other company enjoyed under the laws of Turkey and " the terms of the present Treaty, subject to meeting " obligations previously incurred. 184 PRIVATE PROPERTY UNDER oh.x. "The Turkish Government undertakes to modify its '* legislation so as to allow companies of Allied nationality " to hold concessions or contracts in Turkey. " {b) Any company incorporated in accordance with " Turkish law and operating in territory detached from "Turkey, which is now or hereafter shall be controlled " by Allied nationals, shall, in the same way and within " the same period, have the right to transfer its property, "rights, and interests to another company incorporated "in accordance with the law either of the State exercising " authority in the territory in question or of one of the " Allied Powers whose nationals control it. The company "to which the property, rights, and interests are trans- " ferred shall continue to enjoy the same rights and " privileges as the other company enjoyed, including those " conferred on it by the present Treaty. " (c) In Turkey companies of Allied nationality to " which the property, rights, and interests of Turkish " companies have been transferred in virtue of para- " graph (a) of this Article, and, in territories detached "from Turkey, companies of Turkish nationality controlled " by Allied groups or nationals and companies of nation- " ality other than that of the State exercising authority " in the territory in question to which the property, rights, " and interests of Turkish companies shall have been " transferred in virtue of paragraph (b) of this Article, " shall not be subjected to legislative or other provisions, "or to taxes, imposts, or charges more onerous than those " applied in Turkey to similar companies possessing "Turkish nationality, and in territory detached from " Turkey to those possessing the nationality of the State " exercising authority therein. " (d) The companies to which the property, rights, " and interests of Turkish companies are transferred in " virtue of paragraphs (a) and (b) of this Article shall THE TREATY WITH TURKEY 185 " not be subjected to any special tax on account of this ch. x. '' transfer." Section VII. of Part IX. of the Treaty with Turkey defines the term " national of the Allied Powers " as follows : Article 317. " The term ' nationals of the Allied Powers ' where- !?Snaw "'ever used in this Part {i.e., Part IX.) or in Part VIII. powers." '' (Financial Clauses) covers — " (1) All nationals, including companies and associa- " tions of an Allied Power or of a State or territory " under the protectorate of an Allied Power ; *'(2) The protected persons of the Allied Powers "whose certificate of protection was granted "before August 1, 1914 ; " (3) Turkish financial, industrial, and commercial com- " panies controlled by Allied groups or nationals, " or in which such groups or nationals possessed "the preponderant interest on August 1, 1914 ; " (4) Religious or charitable institutions and scholastic " establishments in which nationals or protected " persons of the Allied Powers are interested. "The Allied Powers will communicate to the Financial * Commission, within one year from the coming into force ' of the present Treaty, the list of companies, institutions, *and establishments in which they consider that their ' nationals possess a preponderant interest or are ' interested." PART II Text of Economic Clauses of Treaty with Germany AND THE Variants in the Peace Treaties with Austria, Hungary, and BuiiGARiA. In the following pages the full text of Sections III. to VII. of Part X. (Economic Clauses) of the Peace Treaty with Germany, with commentaries thereon, are set out. It has been repeatedly stated, that Sections III. to^J^j^f^^^* VII. of the Economic Clauses in the Peace Treaties with ^^^^^' Austria, Hungary, andBulgaria are (subject to slight varia- tions in matters of detail) the same as the corresponding Sections in the Treaty with Germany. In order to avoid the necessity of printing in extenso the text of these Sections of four Treaties, the plan adopted has been to set out the full text of these Sections in the Treaty with Germany on the pages on the right-hand side, and to print on the pages on the left-hand side the variants found in the corresponding Sections of the Economic Clauses in the Peace Treaties with Austria, Hungary, and Bulgaria. Some few Articles forming part of the Economic Clauses (Part IX.) of the Treaty with Turkey are (subject to minute variations) identical with the corre- sponding Articles in the Treaty with Germany. The variants in these Articles of the Treaty with Turkey are set out on the pages opposite to the corresponding Articles of the Treaty with Germany. The marginal notes, which will be found in the ^^^'■^^^^^"°*^" following pages in the margin of the text of the Peace 187 188 INTRODUCTOEY Treaty with Germany, are Dot contained in, and do not form part of, that Treaty, but have been added by the author for the convenience of the reader. ^"etTtkfuof^"^" The first question, which will be asked, before pro- Treaties. ceediug to discuss the provisions of the Treaty in detail, is whether there are any principles or rules, which are applied for the purpose of interpreting the provisions con- tained in treaties. Vattel has, indeed, framed an elaborate set of rules, which he suggests should be followed by those, who are called upon to interpret international Treaties (see Book II., Chapter XVIL, §§ 262-321, Vattel's Laio of Nations) ; but, as these rule shave not met with general acceptance, the author has deemed it advisable not to add to the size of this book by inserting them. There are no special generally accepted rules or principles applicable to the interpretation of international Treaties, other than the rules and principles applicable in the case of any other documents. bfrX'enclTo There is, however, in the case of the Peace Treaty Treaty in other with Germany a novel feature, which materially facilitates languages. -^ the correct interpretation of its provisions ; I allude to the fact that there are two versions of this Treaty (viz., an English and a French version), both of which are, as appears from the last clause of the Treaty, equally authentic and binding on the Powers, which have ratified the Treaty. Hence an ambiguity or obscurity in the English version may be cleared up by referring to the French version, and vice versa. The text of the Treaties with Austria, Hungary, Bulgaria, and Turkey is in French, English, and Italian, but in the case of divergence the French text prevails, except in Parts I. (Covenant of the League of Nations) and XII. (Labour), where the French and English texts are of equal force. TEXT OF THE ECONOMIC CLAUSES IN THE PEACE TREATY WITH GERMANY AND VARIANTS IN THE PEACE TREATIES WITH AUSTRIA, HUNGARY, AND BULGARIA ECONOMIC CLAUSES CONTAINED IN SECTIONS III. TO VII. OF PART X. OF THE TREATIES OF PEACE WITH AUSTRIA AND HUNGARY, AND OF PART IX. OF THE TREATY OF PEACE WITH BULGARIA. AUSTRIA (ART. 248). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty with Austria. HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in Article 176 of the Treaty with Bulgaria. ECONOMIC CLAUSES CONTAINED IN SECTIONS III. TO VII. OF PABT X. OF THE TEEATY OF PEACE WITH GERMANY SECTION III.— DEBTS. Article 296. There shall be settled thi^ough the intervention of clearing offices Art. 296. to be established by each of the High Contracting Parties within three Srsettun?°^^ months of the notification referred to in paragraph (e) hereafter the ® ®' following classes of pecuniary obligations : 1. Debts payable before the war and due by a national of one of Pre-war debts. the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory. Main object The main object of Article 296 is to regulate NOTES, ^^effect of ^^^® method of collecting and paying certain Art. 296 Article 296. specified categories of pecuniary liabilities, in the event of Clearing Offices being established between Germany, on the one hand, and an Allied or Associated Power, on the other hand. Article 296 does, no doubt, confer certain rights on persons entitled to payment of their debts through Clearing Offices (viz.) : (a) The guarantee of the debt by the Government of the debtor's country, (h) Interest on the debt at 5 per cent. ; and (c) The payment of a debt owing to nationals of an Allied or Associated Power in the currency of the creditor's country at the pre-Avar rate of exchange. But these rights (other than the right to the Government guarantee) are given to persons entitled to debts, whether they are or are not recoverable through Clearing Offices (see infra, § 14 of the Annex to Section IV., p. 249) : for the provisions of Article 297 and the Annex to Section IV. are applicable to debts as well as to other property, rights, and interests. The effect of Article 296 as between two Powers, which adopt Section III. of Part X. of this Treaty, is that, as a 191 192 VAEIANTS IN OTHER TREATIES AUSTRIA (ART. 248). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty -with Austria. HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 193 There shall be settled through the intervention of clearing offices ^^- 296. to be established by each of the High Contracting Parties within three for'settfing months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations : 1. Debts* payable before the war and due by a national of one of P^e-war debts, the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory. matter of contract^ these Powers agree, that debts between NOTES, their respective nationals, which are recoverable through Art. 296. the Clearing Offices, shall be recoverable only through the Clearing Offices and not otherwise. As between Great Britain and Germany that contract has been placed on a statutory basis by the Treaty of Peace Order, 1919 (see infra, Appendix I., p. o05), which by virtue of Section I. (2) of the Treaty of Peace Act, 1919, operated as a statutory enactment. Accordingly Russell, J. held that the English Courts have been deprived of their jurisdiction to make an order for the payment of any debt, which is recoverable through the Clearing Office, (Re H. A. Nierhaus [an enemy] [1920], W.N., 134; 36 Tmes L.R., 425 ; 149 L.T.R., 233; 55 L.J., 134.) The French Courts have also held, that their national Courts have no jurisdiction to make orders in respect of debts, which are so recoverable (see supra, p. 47). Clearing Offices have been established by the Treaty of Peace (Austria) Order, 1920, between Great Britain and Austria (see infra, Appendix II., p. 313), and Clearing Offices between Great Britain and Hungary will, no doubt, also be established by a similar Order, when the Peace Treaty with Hungary has come into force. No Clearing Office has been established between Great Britain and Bulgaria, *"D bt " "^^^ "debts," which are made payable through the Clearing Offices, must, it is submitted, be liquidated debts : first, because Article 296 only applies to debts, which became " payable " before or during the war, and a debt, the exact amount of which could not be ascer- tained until after the war, cannot strictly be said to have been "payable" before or during the war; and, secondly, because the Clearing Offices do not appear to have sufficiently wide powers to enable them to compel witnesses to attend and give evidence, without which it would in many cases be impossible to ascertain the amount of an unliquidated debt. Assuming that the above grounds are sufficient to warrant the conclusion that debt means " liquidated debt," this conclusion does not assist materially in arriving at anything like a definition of the term "debt" within the meaning of Article 296, A sum due, which accrued due 13 194 VAEIANTS IN OTHER TREATIES AUSTRIA (ART. 248). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty with Austria. HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Ajiticle 176 of the Ti-eaty with Bulgaria. TEXT OF TREATY WITH GERMANY 195 There shall be settled through the intervention of clearing offices Art. 296. to be established by each of the High Contracting Parties within three for settung ^^^ months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations : 1. Debts payable* before the war and due by a national of one of Pie-war debts. the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory. before or during the war under a fire policy, would appear NOTES. to be (and has, it is believed, in several cases been passed •*^*- ^96 (i). by the Clearing- Office in London as being) a " debt," which is recoverable through the Clearing Office, though t^ie amount actually payable has to be arrived at by ascertaining the real value of the articles insured and the amount, for which they have been insured, and then calculating the sum which is payable by the insurer under the policy. If the amount payable under a fire policy in respect of a risk, which matured during the war, is a '^debt" within Article 296, it is difficult to see why logically a sum payable for dilapidations under a lease should not be a " debt." On the other hand, damages for the breach of an ordinary trading contract would, it is believed, be held not to be a " debt " within the meaning of Article 296, which is recover- able through the Clearing Office, as the Clearing Office has no power to take the necessary evidence for the purpose of deciding whether or how far there has been a breach of contract, and whether and how far there is a right of set-off. A claim for damages for breach of such a contract should, it is submitted, be brought before the Mixed Arbitral Tribunal under Section VI. of Part X. of this Treaty. This Tribunal has ample power to take all the necessary evidence for dealing with such a case. * " Payable " ^^ ^^ submitted that a debt, which is payable on demand, is a present debt, and is consequently " payable " within the meaning of paragraphs (1) and (2) of Article 296. In support of this view the following remarks of Baron Parke in Norton v. Ellam (2 M. & W., 461, 464) — in which there was a promissory note payable with interest on demand, and the question before the Court was from what time the Statute of Limitations began to run — may be referred to : " I entertain no doubt at all on this point. It is the same as the case of money lent, payable upon request, with interest, where no demand is necessary before bringing the action. There is no obligation in law to give any notice at all : if you choose to make it part of the contract that notice shall be given, you may do so. The debt, which con- stitutes the cause of action, arises instantly on the loan. . , . 196 VAKIANTS IN OTHER TREATIES AUSTRIA (ART. 248). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty with Austkia. HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 176 of the Treaty with Bulgaria. TEXT OF TEEATY WITH GERMANY 197 There shall be settled through the intervention of clearing offices Art. 296 (i). to be established by each of the High Contracting Parties within three for settung ^^^ months of the notification referred to in paragraph (e) hereafter the Pre-war debts. following classes of pecuniary obligations : 1. Debts payable* before the war and due by a national f of one of the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory. Where money is lent^ simply, it is not denied that the statute begins to run from the time of lending. Then is " '' there any defence where it is payable with interest ? It is quite clear that a promissory note, payable on demand, is a present debt, and is payable without any demand, and the statute begins to run from the date of it. Then the stipula- tion for compensation in the shape of interest makes no difference, except that thereby the debt is continually increasing de die in diemT This passage was cited with approval by Chitty, L.J. (then J.) in Re George, Francis v. Bruce, L.R., 44, Ch.D., 627. " In the French version of the above passage " payable " is represented by the word " exigible,'^ which strictly means " the payment of which may be required." The French word " exigible " also occurs (a) in Article 59 of this Treaty, where it is used in connection with the payment of taxes, and is translated as "leviable"; and (b) in § 11 of the Annex to Section V. of Part X. of this Treaty (see infra, p. 273), where it is translated as " due." "tNafo 1 " '^^ appears from the testatum of Article 440 of this Treaty, both the French and English versions are authentic and binding, and, where (as is some- times the case) the two versions of a passage do not appear to mean the same thing, it is necessary to examine both versions for the purpose of correctly interpreting the passage. The word " national " or " nationals " in the English version of this Treaty sometimes represents " ressortissants " (Articles 36, 37, 69, 124, 137, 260, 296) and sometimes represents "nationaux" (Articles 16, 122, 123, 179, 220, 231, 260, 296) in the French version. Strictly speaking, the term " ressortissants " means persons, who are " subject to the jurisdiction of a country," and is not confined to persons of a particular nationality. The term "ressortis- sants " is translated as (a) " subjects or citizens " of a country (in the official translation of Articles 5 and 6 of the Berlin Convention, 1908) and (b) as "subject to the jurisdictioii " of a country (in Article 1 of the Protocol of 1914 to that Convention on p. 389 infra). As, however, the terms "ressortissants" and " nationaux" 198 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 248). The text of Article 296 of the Treaty with (xermany, so far as the same appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty with Austria. HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 199 There shall be settled through the intervention of clearing offices Art. 296 (i). . . . , . , Clearing offices to be established by each of the High Contracting Parties withm three for settling months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations : 1. Debts payable before the war and due by a national of one of ^''e-^'"- debts. the Contracting Powers, residing* within its territory, to a national of an Opposing Power, residing within its territory. repeatedly appear to be treated in the French version of NOTES, the Peace Treaty with Germany as synonymous in the same Art. 296 (i). Articles [see Articles 53, 137, 260, 296 (1), (2), (b), (c)], there does not appear to be any real discrepancy between the French and the English versions, and accordingly the term "nationals^' can be properly treated as a correct translation of " ressortissants '^ and " nationaux.'^ The term "national" primarily only refers to an individual, but the provisions in § (h) of Article 296 and in § 4 of the Annex to that Article, by which the Contracting Powers guarantee the payment of the debts due by their respective nationals except {inter alia) " where the debt was due by a company, whose business has been liquidated under emer- gency legislation during the war," would appear to indicate that companies, whose businesses have not been so liquidated, are included in the term " nationals." It is not quite clear which "companies'^ are so included; but it is submitted that any company formed in a country according to the laws of that country is a " national " within the meaning of this Article [see infra, pp. 312, 319, and § 2 of the Treaty of Peace Order, 1919,andof theTreatyof Peace (Austria) Order, 1920] . A person, who has completely divested himself of his nationality according to the law of his country and has not acquired another nationality, is "stateless'' — i.e., not a national of any country {8toeck v. Public Trustee, 65 Sol. Jo. 605, W. N. [1921], 180; Times newspaper, April, 29, 1921). ^^ A debt will be recoverable through the Clear- Residing. ^^^ Ofhcej if it became due by a national of one of the Contracting Powers residing wdthin its territory to a national of an Opposing Power residing within its territory. It is not clear whether Article 296 is intended to make a debt recoverable through the Clearing Office, if the debtor and creditor were residing in their respective countries at the time when the debt became due, or if they were so residing at the time when the Treaty came into force. On the whole, it is submitted that the more reasonable con- struction is, that the Clearing Office shall collect and pay debts, which are owing by or to a person, who is resident at the time of the coming into force of the Treaty [i.e., in the case of Germany, January 10, 1920; in the case of Austria, July 16, 1920). 200 VARIANTS IN OTHEK TREATIES AUSTRIA (ART. 248). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 248 of the Treaty Avith Austria, subject to the substitu- tion (in chiuso 2) of the words ''existence of a state of ivar" for the words " declaration of war." HUNGARY (ART. 231). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 231 of the Treaty with Hungary, subject to the sub- stitution (in clause 2) of the words " existence of a state of war " for the words " declaration of tear." BULGARIA (ART. 176). The text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 176 of the Treaty with Bulgaria, subject to the substi- tution (in clause 2) of the words " existence of a state of tvar " for the words '^ declaration of war." TEXT OF TREATY WITH GERMANY 201 There shall be settled throuc^h the intervention of clearing offices ^rt. 296 (1). ^ o «-■ Clearing oflices to be established by each of the High Contracting Parties within three ^^'^'j.^f "'°k months of the notification referred to in paragraph (e) hereafter the following classes of pecuniary obligations : 1. Debts payable before the war and due by a national of one of Pre-war debts. the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory. 2. Debts which became payable during the war to nationals of one -^^t- 296 (2). ^ "^ ^ Debts payable Contracting Power residing within its territory and arose out of tran- during war. sactions * or contracts with the nationals of an Opposing Power, resident within its territory, of which the total or partial execution was sus- pended on account of the declaration of war. Questions of considerable difficulty may arise under Article 296 in the case of debts, which became payable during the war by or to businesses carried on in neutral countries on behalf of a national of one of the Contracting Powers. Thus^ if a British subject residing in England and carrying on business in Spain became indebted to a person, who carried on business in Spain as the servant of or manager for a German, who resided in Germany^ but was the proprietor of such business in Spain, can the sum so owing be said to be a " debt " payable to a German national residing in Germany^ and therefore only recoverable through the Clearing Office, or can it be fairly argued that the debt is owing to the servant or manager in Spain and is there- fore properly recoverable by him in Spain ? If proceedings were taken in Spain to recover such debt, ought the Spanish Court to decline to make an order enforcing the payment to the servant of or manager for the German in the above case, on the ground that the Court is bound to take cogni- zance of Article 296, and that under that Article the debt, being in substance a debt payable by a British subject residing in England to a German residing in Germany, is only recoverable through the Clearing Office ? Though the point is not free from doubt, it is submitted that there is great force in the above contention, and that in such a case Xjhe Spanish Court should refuse to enforce the debt. If a debt is payable by or to two persons jointly, any one of whom is not a national of one of the Contracting Powers or did not at the time of the coming into force of the Treaty reside in the territory of such Power, such debt will not, it is submitted, be recoverable through the Clearing Office, even though such persons held the debt as trustees for persons who are nationals of one of the Contracting Powers and reside within the territory of such Power. * "Transactions." "^^^^ French term "transaction" is defined by Article 2044 of the French Civil Code as NOTES. Art. 296 (1). 202 VARIANTS IN OTHER TREATIES Additional clause in Treaties with Austria and Hungary. Omission. AUSTRIA (ART. 248), AND HUNGARY (ART. 231). In Clause 3 of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary, the words " or taken over " are inserted after the word " issued." After the first paragraph of Clause 4 of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary, the following additional paragraph is inserted : "In case of interest or capital sums payable in respect of " securities issued or taken over by the former Austro-Hungarian " (Government, the amount to be credited and paid by Austria " [Hungary] will be the interest or capital in respect only of the " debt for which Austria [Hungary] is liable in accordance with "Part IX. (Financial Clauses) of the present Treaty and the "principles laid down by the Reparation Commission." In sub-clause {h) of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary, the following words in Sub-clause (6) of Article 296 of the Treaty with Grermany are omitted : " Nevertheless, debts due by the inhabitants of territory " invaded or occupied by the enemy before the Armistice will not "be guaranteed by the States of which those territories form " part." Subject to the above alterations, the text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Aeticle 248 of the Treaty with Austria, and in Article 23 1 of the Treaty with Hungaky. BULGARIA (ART. 176). In Clause 3 of Article 176 of the Treaty with Bulgaria, the words " or taken over by " are inserted after the word " issued." Subject to this alteration, the text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 203 3. Interest which has accrued due before and during the war to a f^^- 2^6. national of one of the Contracting Powers in respect of securities issued Govern^g^"*^ by an Opposing Power, provided that the payment of interest on such securities to the nationals of that Power or to neutrals has not been suspended during the war. 4. Capital sums which have become payable before and during the by Government war to nationals of one of the Contracting Powers in respect of *''°''" ''"'■ securities issued by one of the Opposing Powers, provided that the payment of such capital sums to nationals of that Power or to neutrals has not been suspended during the war. The proceeds of liquidation of enemy property, rights, and interests liquidation of ..,,,. 1 enemy property. mentioned in Section IV. and in the Annex thereto will be accounted for through the clearing offices, in the currency and at the rate of exchange hereinafter provided in paragraph (d) and disposed of by them under the conditions provided by the said Section and Annex. The settlements provided for in this Article shall be effected f;™i^^^\f according to the following principles and in accordance with the Annex to this Section : — (a) Each of the High Contracting Parties shall prohibit,* as from rjtue'^xc°ept° the coming into force of the present Treaty, both the pay- ingTiice? ^^'^ ment and the acceptance of payment of such debts, and also all communications between the interested parties with regai'd to the settlement of the said debts otherwise than through the clearing offices. {h) Each of the High Contracting Parties shall be respectively ^Zrln^rof responsible for the payment of such debts due by its nauonais. nationals, except in the cases where before the war the debtor was in a state of bankruptcy or failure, or had given formal indication of insolvency, f or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. Nevertheless, debts a contract for the settlement of disputes between parties. NOTES. But the term is, it is submitted, used in the French and English versions of Article 296 (2) of the above Peace Treaty in the popular sense of an arrangement, dealing, or agreement between several parties. (See Littre and the "New English Dictionary.") ■^ The prohibition to pay or accept payment of debts ■*^*- ^^^ ^*)- recoverable through the Clearing Office has, so far as Great Britain and His Majesty's Dominions and Protectorates (other than Canada, Australia, South Africa, New Zealand, Newfoundland, and India) are concerned, been made by 204 VAEIANTS IN OTHER TREATIES AUSTRIA (ART. 248), AND HUNGARY (ART. 231). In the second paragraph of Sub-clause {d) of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary, the word " Austria-Hungary " is substituted for the Avord " Germany." Subject to the above alteration, the text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 248 of the Treaty with Austria and in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). In the second paragraph of Sub-clause {d) of Article 176 of the Treaty with Bulgaria, the word " Bulgaria" is substituted for the word " Germany." Subject to the above alteration, the text of Article 296 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 205 due by the inhabitants of territory invaded or occupied Ijy Art. 296 (b). the enemy before the Armistice will not be guaranteed by the States of which those territories form part.* (c) The sums due to the nationals of one of the High Contracting de^i^ted^to^ Parties by the nationals of an Opposing State will be :|^*^,*°'^ ^^^^^^^^ debited to the clearing office of the country of the debtor, and paid to the creditor by the clearing office of the country of the creditor. (d) Debts shall be paid or credited in the currency of such one of |?at7of'ex-*"'^ the Allied and Associated Powers, their colonies or protec- '^'^'^'^se. torates, or the British Dominions or India, as may be con- cerned. If the debts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Associated Power, Colony, Protectorate, British Dominion, or India, at the pre-war rate of exchange. For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied or Associated country concerned during the month immediately preceding the outbreak of war between the said country concerned and Germany. clause 1 (ii.) of the Treaty of Peace Order, 1919, and of the NOTES. Treaty of Peace (Austria) Order, 1920 (see infra, Ap- pendices I. and II., pp. 306, 314). t As to the meaning of the terms "bankruptcy," "failure," and "formal indication of insolvency," see infra, p. 211. * Government The guarantee given by the Governments of Art. 296 (b). guarantee of ^j Contracting Powers of the payment of the debts of their j i ^ i i, i.i • /• i.- i nationals, pre-war debts due by their respective nationals appears to be applicable only to " such debts," that is to say, debts settled through the Clearing Office. As the term "such debts," as used in paragraph (a) of Article 296, is confined to debts recoverable through the Clearing Office, "such debts," as used in paragraph (b) of Article 296, should, it is submitted, be likewise limited to the debts so recoverable. The only provisions of Article 296 and the Annex thereto, which are applicable to debts not recoverable through the Clearing Office, are : (a) Payment of the debt in the currency of the creditor's country at the pre-w^ar rate of exchange, if the creditor is a national of an Allied or Associated Power, and (b) Payment of interest at the rate of 5 per cent, per annum in the absence of any custom, law, or con- 206 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 248), AND HUNGARY (ART. 231). In the last paragraph of Stb-clause (d) of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary : (i.) The words " neiv States of Poland and the Czecho-Slovak State " are substituted for the words " new States," and (ii.) The words "unless they have been previously settled by agreement between the States interested " are added at the end of sub-clause (d). In Sub-clause (e) of Article 248 of the Treaty with Austria, and of Article 231 of the Treaty with Hungary, the word " Austria " [" Hungary "] is substituted for the word " Germany." Subject to the above alterations, the text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 248 of the Treaty with Austria, and in Article 231 of the Treaty with Hungary. BULGARIA (ART. 176). In the last paragraph of Sub-clause {d) of Article 176 of the Treaty with Bulgaria : (i.) The words ''new States of Poland and the Czecho-Slovak State " are substituted for the words " new- States," and (ii.) The words " tonless they have been pi-eviously settled by agreement between the States interested " are added at the end of sub-clause {d}. In Sub-clause (e) of Article 176 of the Treaty with Bulgaria the word " Bulgaria " is substituted for the word " Germany." Subject to the above alterations, the text of Article 296 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verbatim in Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 207 If a contract provides for a fixed rate of exchange Art. 296 (d), governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concerned, then the above provisions concerning the rate of exchange shall not apply. In the case of new States the currency in which and the rate of exchange * at which debts shall be paid or credited shall be determined by the Reparation Commission provided for in Part VIII. (Reparation). (e) The provisions of this Article and of the Annex hereto shall not Notice to Ger- ' -^ many adopting apply as between Germany on the one hand, and any one of ^^- ^96. the Allied and Associated Powers, their colonies or protec- torates, or any one of the British Dominions or India on the other hand, unless within a period of one month from the deposit of the ratifications of the present Treaty by the Power in question, or of the ratification on behalf of such Dominion or of India, notice f to that effect is given to Germany by the Go^'ernment of such Allied or Associated Power or of such Dominion or of India as the case may be, tract to the contrary. (§ 22 of the Annex to Article ^O*^^^* 296; see infra, p. 221.) * Pre-war rate The pre-war rate of exchange as between Art. 296 (d). exc ange. gpjj-jg}^ ^^^ German nationals has been fixed by the Controller of the Clearing- Office in London at 20,5075 marks {i.e., 20 marks and 50f pfennigs) to one pound sterling. As to the pre-war rate of exchange between British nationals and Austrian, Hungarian, or Bulgarian nationals, see supra, pp. 140, 157, and 175. t Notice of Notice of the adoption of Article 296 and the ^^- ^^^ (®)' ^of^ClearhiT ^^''^©x thereto has been given to Germany by Office. the British Government, and by many of the Colonies, Dependencies, and Protectorates forming part of the British Empire, and many Local Clear- ing Offices have been established ; but, except in the cases of Egypt and South Africa, which have established their own independent Clearing Offices, the Central Clearing- Office in London collects the debts and sums claimed through those Local Clearing Offices. It is not quite clear whether a country, over which a mandate has been given to an Allied Power by the League of Nations under Article 22 of the above Treaty, is a "protectorate" within the meaning of Article 296 (e). If such a country is a "protectorate," clause 3 of the Treaty of Peace Order, 1919, would be applicable to it, as that clause is expressly stated to apply to the whole of His Majesty's Dominions and Protectorates. 208 VARIANTS IN OTHER TREATIES AUSTRIA (ART 248). In the Annex to Article 248 of the Treaty with Austria, the words " Article 248 " are substituted for the words "Article 296/' HUNGARY (ART. 231). In the Annex to Article 2ol of the Treaty with Hungary, the words "Article 231" are substituted for the words "Article 29G." BULGARIA (ART. 176). In the Annex to Article 176 of the Treaty with Bulgaria, the words " Article 176 " are substituted for the words " Article 296." Subject to the above alterations, Article 296 and the Annex thereto, so far as the same appear on the opposite page, are reproduced verbatim in Article 248 of the Treaty with Austria, in Article 231 of the Treaty with HunCiARY, and Article 176 of the Treaty with Bulgaria, and the Annexes to these Articles. TEXT OF TREATY WITH GERMANY 209 (/) The Allied and Associated Powers who have adopted this -^-rt- 296 (f)^ Article and the Annex hereto may agree between themselves may apply Art. to apply them to their respective nationals established in their territory so far as regards matters between their nationals and German nationals. In this case the payments made by application of this provision will be subject to arrangements between the allied and associated clearing offices concerned.* ANNEX. 1. Each of the High Contracting Parties will, within three months Establishment o a ' of cleanng from the notification provided for in Article 296, paragraph (e), ^^ces. establish a clearing office for the collection and payment of enemy debts. Local clearing officesf maybe established for any particular portion of the territories of the High Contracting Parties. Such local clearing offices may perform all the functions of a central clearing office in their respective districts, except that all transactions with the clearing office in the Opposing State must be effected through the central clearing office. * Clearing Though Article 296 (/) vests in the Allied NOTES. uS7or'^ettiing ^^^^ Associated Powers, which have adopted ^^- ^^^ ^f^' debts of other Section III., a power to use their respective Allied Clearing Offices for the collection and pay- nationals, ment of debts owing by or to nationals of any one or more of such Allied or Associated Powers, it should be borne in mind, that each Allied or Associated Power is only authorised by paragraph 4 of the Annex to Section IV. to charg*e the property of Germans within its territory with payment of debts due to its own nationals. Arrangements have been made between Great Britain and France to use their Clearing Offices for forwarding to Germany claims of each other's nationals resident in each other's territory. The course adopted with reference to a claim made by or against a Frenchman residing in England will be the same, as if he had been a British subject residing in England. t All His Majesty^s Dominions and Protectorates (except § i of Annex Egypt and the Union of South Africa) have established *° ^^^- ^^®' Local Clearing Offices, whose claims are notified to the Clearing Offices in Germany and Austria through the Central Clearing Office in London, The Local Clearing Office in India is established by the India Treaty of Peace Order, 1920, dated June 28, 1920. 14 210 VAEIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO ART. 248). In clauses 2, S, and 4 of the Annex to Article 248 of the Treaty with Austria, the words " Article 248 " are substituted for the words "Article 296." HUNGARY (ANNEX TO ART. 231). In clauses 2, 3, and 4 of the Annex to Article 231 of the Treaty with Hungary, the words " Article 231 " are substituted for the words "Article 296." BULGARIA (ANNEX TO ART. 176). In clauses 2, 3, and 4 of the Annex to Article 176 of the Treaty with Bulgaria, the words "Article 176" are substituted for the words "Article 296." Subject to the above alterations, clauses 2, 3, and 4 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 2, 3, and 4 of the Annexes to Article 248 of the Treaty with Austria, Article 231 of the Treaty with Hungary, and Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 211 2. In this Annex the pecuniary obligations referred to in the first Annex to iVlTu. 296. paragraph of Article 296 are described as " enemy debts," the persons Definitions. from whom the same are due as " enemy debtors," the persons to whom they are due as "enemy creditors," the clearing office in the country of the creditor is called the " Creditor Clearing Office," and the clearing office in the country of the debtor is called the " Debtor Clearing Office." 3. The High Contracting Parties will subject contraventions of ^ontralenin'^ paragraph (a) of Article 296 to the same penalties as are at present * ^"^ °^ '^''*" "^^^' provided by their legislation for trading with the enemy. They will similarly prohibit within their territory all legal process relating to payment of enemy debts, except in accordance with the provisions of this Annex.* 4. The Government guarantee specified in paragraph (h) of guarantee of Article 296 shall take effect whenever, for any reason, a debt shall not nationals under be recoverable, except in a case where at the date of the outbreak of ^ ' ° war the debt was barred by the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had given formal indication of insolvency, or where the debt was due by a company whose business had been liquidated under emergency legislation during the war. In such case the procedure specified by this Annex shall apply to payment of the dividends. The terms " bankruptcy " and " failure "f refer to the application of legislation providing for such juridical conditions. The expression " formal indication of insolvency "J bears the same meaning as it has in English law. ^ This has been done as regards Great Britain by clause 1 NOTES. (ii.), (iii.) of the Treaty of Peace Order, 1919, and of the Treaty §3 Anne of Peace (Austria) Order, 1920 (see infra, pp. 306 and 314). ^^^ t The terms in the French version of paragraph 4 corre- § 4 of Annex spending to " bankruptcy " and " failure " are " enfailUte " *° ^^- '^^^^ and " en deconfiture," which respectively mean the inability of a trader and a non-trader to pay his debts. (See Littre's Dictionary under the heads of ^'failUte" and "deconfiture.") t "Formal "Formal indication of insolvency" is not an indication of „ • i • tti t i n mi insolvency." expression known m English law. The mean- ing of this expression is, however, made clear by the corresponding expression in the French version of this clause, which is " en 4tat d'insolvahilite dedaree." 212 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO ART. 248). Clauses 5, 6, and 7 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 5, 6, and 7 of the Annex to Article 248 of the Treaty with Austria. HUNGARY (ANNEX TO ART. 231). Clauses 6, 6, and 7 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 5^ 6, and 7 of the Annex to Article 231 of the Treaty with Hungary. BULGARIA (ANNEX TO ART. 176). Clauses 5, 6, and 7 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 5, 6, and 7 of the Annex to Ai^ticle 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 213 5. Creditors shall give notice to the Creditor Clearinff Office within Annex to " Art. 296. six months of its establishment of debts due to them, and shall furnish creditor to give the Clearing Office with any documents and information required of creduor ciear- , ing Office. them. The High Contracting Parties will take all suitable measures to Co»|>^^jjon to be / trace and punish collusion* between enemy creditors and debtors. The clearing offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion. The High Contracting Parties will facilitate as much as possible ^etw^iTparSe^ postal and telegraphic communication at the expense of the parties concerned and through the intervention of the clearing offices between debtors and creditors desirous of coming to an agreement as to the amount of their debt. The Creditor Clearing Office will notify the Debtor Clearing Office Sto Debtor of all debts declared to it. The Debtor Clearing Office will, in due ^^"'''^"s *^^'^- course, inform the Creditor Clearing Office which debts are admitted and which debts are contested. In the latter case, the Debtor Clearing Office will give the grounds for the non-admission of debt. 6. When a debt has been admitted, in whole or in part, the Debtor Admitted debt ' jr ' to be credited. Clearing Office will at once credit the Creditor Clearing Office with the amount admitted, and at the same time notify it of such credit. 7. The debt shall be deemed to be admitted in full and shall be When debt deemed ad- credited forthwith to the Creditor Clearing Office unless within three mitted. months from the receipt of the notification or such longer time as may be agreed to by the Creditor Clearing Office notice has been given by the Debtor Clearing Office that it is not admitted. This French term clearly refers^ it is submitted, to NOTES. Section I. (1) of The Bankruptcy Act, 1914 (4 & 5 Geo. V., § * of Annex cap. 59), which provides that : *° ^*- ^^^• " I. (1) A debtor commits an act of bankruptcy in each of the following cases : " (/) If he files in the Court a declaration of his inability to pay his debts, or presents a bankruptcy petition against himself, or " {h) If the debtor gives notice to any of his creditors that he has suspended, or that he is about to suspend, payment of his debts." * Collusive As to this see Section I. (viii.) of the Treaty of § 5 of Annex claims. Peace Order, 1919, and Section I. (vii.) of the *° ^^- '^^®- Treaty of Peace (Austria) Order, 1920 (see iiifra, pp. 307, 315). 214 A^AEIANTS IN OTHER TKEATIES AUSTRIA (ANNEX TO ART. 248). Clauses 8 to 11 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 8 to 1 1 of the Annex to Article 248 of the Treaty with Austria. HUNGARY (ANNEX TO ART. 231). Clauses 8 to 11 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 8 to 11 of the Annex to Article 231 of the Treaty with Hungary. t BULGARIA (ANNEX TO ART. 176). Clauses 8 to 11 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 8 to 11 of the Annex to Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 215 8. When the whole or part of a debt is not admitted the two Annex to Art. 296. clearing offices will examine into the matter jointly and will endeavour contested debt to bring the parties to an agreement. fSnT/^^ 9. The Creditor Clearing Office will pay to the individual creditor P''*y™<=nt to ° J- -^ creditor. the sums credited to it out of the funds placed at its disposal by the Government of its country and in accordance with the conditions fixed by the said Government, retaining any sums considered necessary to cover risks, expenses or commissions. * 10. Any person having claimed payment of an enemy debt which is Fines. not admitted in whole or in part shall pay to the clearing office, by way of fine, interest at 5 per cent, on the part not admitted. Any person having unduly refused to admit the whole or part of a debt claimed from him shall pay, by way of fine, interest at 5 per cent, on the amount with regard to which his refusal shall be disallowed. Such interest shall run from the date of expiration of the period provided for in paragraph 7 until the date on which the claim shall have been disallowed or the debt paid. Each clearing office shall, in so far as it is concerned, take steps to collect the fines above provided for, and will be responsible if such fines cannot be collected. The fines will be credited to the other clearing office, which shall retain them as a contribution towards the cost of carrying out the present provisions. 11. The balance between the clearing offices shall be struck monthly Monthly balances. and the credit balance paid in cash by the debtor State within a week. Nevertheless, any credit balances which may be due by one or more of the Allied and Associated Powers shall be retained until complete payment shall have been eff"ected of the sums due to the Allied or Associated Powers or their nationals on account of the war."]" * Commission The commission chargeable by the Clearing NOTES. '^Enfufh'^ Office in London has been fixed at 2h per cent. § 9 of Annex Clearing Office." on the claims paid (Clause 1 (vi.) of the Treaty *° ^^^' ^^^' of Peace Order, 1919; see infra, p. 307). t Credit Any credit balances due by an Allied or Asso- § n of Annex '^Amed Powe?^ ciated Power in favour of Germany, under *° ^rt. 296. to Germany, the provisions of Section III. of Part X., will, by virtue of Article 243 (6) of the Treaty, be reckoned as a credit to Germany in respect of her repara- tion obligations. 216 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO ART. 248). In Clause 14 of the Annex to Article 248 of the Treaty with Austria, tlie words " Ai'ticle 248" are substituted for the "words " Article 296 " in clause 14 on the opposite page. The last paragraph of Clause 14 of the Annex to Article 248 of the Treaty with Austria commencing with the words " As an exception " is omitted. Subject to this alteration, clauses 12 to IG of the Annex to Article 290 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 12 to 16 of the Annex to Article 248 of the Treaty with Austria. HUNGARY (ANNEX TO ART. 231). In Clause 14 of the Annex to Article 231 of the Treaty with Hungary, the words "Article 231 " are substituted for the words " Article 296 " on the opposite page. The last paragraph of Clause 14 of the Annex to Article 23 1 of the Treaty with Hungary commencing wnth the words " As an exception " is omitted. Subject to this alteration, clauses 12 to 16 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 12 to 16 of the Annex to Article 231 of the Treaty with Hungary. BULGARIA (ANNEX TO ART. 176). In Clause 14 of the Annex to Article 176 of the Treaty with Bulgaria, the words "Article 176" are substituted for the words " Article 296 " in clause 14 on the opposite page. Clauses 12 to 16 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 12 to 16 of the Annex to Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 217 12. To facilitate discussion between the clearing offices, each of ^^®Jgg° them shall have a representative at the place where the other is Representa- '- tives. established. 13. Except for special reasons all discussions in regard to claims ^^^^^^ °^ •^''°''*' will, so far as possible, take place at the Debtor Clearing Office. 14. In conformity with Article 296, paragraph (h), the High Con- guarantee under IP, J w 5 C'') of Art. 29(5. tracting Parties are responsible for the payment of the enemy debts owing by their nationals. The Debtor Clearing Office will therefore credit the Creditor Clearing Office with all debts admitted, even in case of inability to collect them from the individual debtor. The Governments concerned will, never- theless, invest their respective clearing offices with all necessary powers for the recovery of debts which have been admitted.* As an exception, the admitted debts owing by persons having suffered injury from acts of war shall only be credited to the Creditor Clearing Office when the compensation due to the person concerned in respect of such injury shall have been paid. 15. Each Government will defray the expenses of the clearing office fiSg^office. set up in its territory, including the salaries of the staff. 16. Where the two clearing offices are unable to agree whether a Dmgreemen debt claimed is due, or in case of a difference betAveen an enemy debtor and an enemy creditor or between the clearing offices, the dispute shall either be referred to arbitration, if the parties so agree under conditions fixed by agreement between them, or referred to the Mixed Arbitral Tribunal provided for in Section VI. hereafter. At the request of the Creditor Clearing Office the dispute may, [There are corresponding provisions in Article 189 (b) o£ NOTES, the Treaty with Austria, and in Article 173 (a) of the Treaty with Hungary, that any such credit balances shall be reckoned as credits to Austria and Hungary respectively. Article 129 of the Treaty with Bulgaria provides that the amounts, which the Reparation Commission may consider should be credited to Bulgaria under Part IX., shall be reckoned as credits to Bulgaria in respect of her reparation obligations.] ♦Clearing The Clearing Office in London has been § i* of Annex ^'e^mpcJwe^rStr empowered by clause 1 (iv.) of the Treaty of '' ^'- '''■ enforce payment Peace Order, 1919, and of the Treaty of Peace of enemy debts. (Austria) Order, 1920, to enforce the payment of enemy debts against the persons, by whom such debts are due, in any part of His Majesty's Dominions or Protectorates (except Canada, Australia, South Africa, New Zealand, Newfoundland, and India). 218 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO ART. 248). Clauses 17 to 20 of tlie Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 17 to 20 of the Annex to Article 248 of the Treaty with Austria. HUNGARY (ANNEX TO ART. 231). Clauses 17 to 20 of the Annex to Article 296 of the Treaty with Grermany on the opposite page are reproduced verbatim in clauses 17 to 20 of the Annex to Article 231 of the Treaty ^vith Hungary. BULGARIA (ANNEX TO ART. 176). Clauses 17 to 20 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 17 to 20 of the Annex to Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 219 however, be submitted to the lurisdiction of the Courts of the place of Annex to "' Art. 296. domicile of the debtor. 17. Recovery of sums found by the Mixed Arbitral Tribunal, the debt7b7c°ear. Court, or the Arbitration Tribunal to be due shall be effected through ""^ °®''®- the clearing offices* as if these suras were debts admitted by the Debtor Clearing Office. 18. Each of the Governraents concerned shall appoint an agent who afj^^™'"®"* will be responsible for the presentation to the Mixed Arbitral Tribunal of the cases conducted on behalf of its clearing office. This agent will exercise a general control over the representatives or counsel employed by its nationals. Decisions will be arrived at on documentary evidence, but it will be Evidence. open to the Tribunal to hear the parties in person, or according to their preference by their representatives approved by the two Governments, or by the agent referred to above, who shall be competent to intervene along with the party or to re-open and maintain a claim abandoned by the same. 19. The clearing offices concerned will lay before the Mixed information '^ '' supplied TO Arbitral Tribunal all the information and documents in their possession, ^^^^^^^^^^^^^^^ so as to enable the Tribunal to decide rapidly on the cases which are brought before it. 20. Where one of the parties concerned appeals against the ioint Deposit and ^ . . fees paid on decision of the two clearing offices he shall make a deposit against the appeal, costs, which deposit shall only be refunded when the first judgment is modified in favour of the appellant and in proportion to the success he may attain, his opponent in case of such a refund being required to pay an equivalent proportion of the costs and expenses. Security accepted by the Tribunal may be substituted for a deposit. A fee of 5 per cent, of the amount in dispute shall be charged in respect of all cases brought before the Tribunal. This fee shall, unless the Tribunal directs otherwise, be borne by the unsuccessful party. Such fee shall be added to the deposit referred to. It is also in- dependent of the security. The Tribunal may award to one of the parties a sum in respect of the expenses of the proceedings. * In Great Britain such enemy debts are enforced by pro- NOTES, ceedings taken by and in the name of the Controller of the § 17 of Annex Clearing Office or the Administrator of Austrian Property *° against the enemy debtor, and for that purpose the Clearing- Office has all such rights and powers as if it was the creditor (see Clause 1 (iv.), (x.) of the Treaty of Peace Order, 1919 (see infra, pp. 306-307), and clause 1 (iv.), (x\ai.) of the Treaty of Peace (Austria) Order, 1920, pp. 314, 318). 220 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO ART. 248). In Clau.sk 23 of the Annex to Article 248 of the Treaty with Austria, the words "Article 248" are substituted for the words " Article 296 " in clause 23 on the opposite page. Subject to the aforesaid modifications, clauses 21 to 24 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verhatim in clauses 21 to 24 of the Annex to Article 248 of the Treaty with Austria. HUNGARY (ANNEX TO ART. 231). In Clause 23 of the Annex to Article 231 of the Treaty with Hungary, the words "Article 231" are substituted for the words " Article 296 " in clause 23 on the opposite page. Subject to the aforesaid modification, clauses 21 to 24 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verhatim in clauses 21 to 24 of the Annex to Article 231 of the Treaty with Hungary. BULGARIA (ANNEX TO ART. 176). In Clause 23 of the Annex to Article 176 of the Treaty with Bulgaria, the words " Article 176 " are substituted for the words " Article 296 " in clause 23 on the opposite page. Subject to the aforesaid modification, clauses 21 to 24 of the Annex to Article 296 of the Treaty with Germany on the opposite page are reproduced verhatim in clauses 21 to 24 of the Annex to Article 176 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 221 Any sum payable under this paragraph shall be credited to the Annex to clearing office of the successful party as a separate item. 21. With a view to the rapid settlement of claims, due regard shall Selection of '■ "^ officials of clear- be paid in the appointment of all persons connected with the clearing ^,^g^^';^^?'t°^i offices or with the Mixed Arbitral Tribunal to their knowledge of the Tribunal. language of the other country concerned. Each of the clearing offices will be at liberty to correspond with the other, and to forward docu- ments in its own language. 22. Subject to any special agreement to the contrary between the ^ebte"^**'" Governments concerned, debts shall carry interest in accordance with the following provisions : — Interest shall not be payable on sums of money due by way of dividend, interest, or other periodical payments which themselves represent interest on capital. The rate of interest shall be 5 per cent, per annum except in cases where, by contract, law, or custom, the creditor is entitled to payment of interest at a different rate. In such cases the rate to which he is entitled shall prevail. Interest shall run from the date of commencement of hostilities (or, if the sum of money to be recovered fell due during the war, from the date at which it fell due) until the sum is credited to the clearing office of the creditor. Sums due by way of interest shall be treated as debts admitted by the clearing offices and shall be credited to the Creditor Clearing Office in the same way as such debts. 23. Where by decision of the clearing offices or the Mixed Arbitral ^I'ii™^ ."^*„„. •' o within Art. 296. Tribunal a claim is held not to fall within Article 296, the creditor shall be at liberty to prosecute the claim before the Courts or to take such other proceedings as may be open to him. The presentation of a claim to the clearing office suspends the operation of any period of prescription. 24. The High Contracting Parties agree to regard the decisions of Decisions final. the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.* •^ The decisions of the Mixed Arbitral Tribunal are made NOTES, conclusive and binding on all Courts in His Majesty \s §24 of Annex Dominions and Protectorates by clause 1 (xiv.) of the Treaty *° ^^" ^^^ of Peace Order, 1919, and clause 1 (xxi.) of the Treaty of Peace (Austria) Order, 1920, and clause 1 (xiv.) of the Treaty of Peace (Bulgaria) Order, 1920. Such decisions have been made binding- in Germany by a law (No. 7724) passed by the Reichstag on August 10, 1920. 222 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 249). In clause (a) of Article 249 of the Treaty with Austria : (i.) The words " in the territory of the former Aicstrian Empire " are substituted for the words " by Germany." (ii.) The words " who shall enjoy full rights therein in accord- ance ivith the jiroinsions of Article 298 " on the opposite page are omitted. Subject to the above alterations, the text of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in the Treaty with Austria. HUNGARY (ART. 232). In clause (a) of Article 232 of the Treaty with Hungary : (i.) The words "in the territory of the former Kingdom of Hungary " are substituted for the words " hy Germany." (ii.) The words "who sliall enjoy full rights therein in accord- ance loith the provisions of Article 298 " on the opposite page are omitted. Subject to the above alterations, the text of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verhatim in the Treaty with Hungary. BULGARIA (ART. 177). In clause (a) of Article 177 of the Treaty with Bulgaria : (i.) The words "Article 178 " are substituted for the words "Article 298." (ii.) The following words are added at the end of clause (a): AddiHonai " The Bulgarian Government will revohe all legislative or administrative provisions ivhich it may have made during the icar forbidding companies of Allied and Associated nationality or companies in which Allied or Associated nationals are interested to enjoy the benefit of concessions or contracts in Bulgaria." Subject to the above alterations, the text of the Treat}^ with Germany, so far as it appears on the opposite page, is reproduced verhatim in the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 223 25. In any case where a Creditor Clearing Office declines to notify Annex to A.rij 296 a claim to the Debtor Clearing Office, or to take any step provided for creditors rfrfits in this Annex, intended to make effective in whole or in part a request notified to '^"'^ of which it has received due notice, the enemy creditor shall be entitled office.*^ cieanng to receive from the clearing office a certificate setting out the amount of the claim, and shall then be entitled to prosecute the claim before the Courts or to take such other proceedings as may be open to him. SECTION IV.— PROPERTY, RIGHTS, AND INTERESTS.* Article 297. The question of private property, rights, and interests in an enemy Art. 297. country shall be settled according to the principles laid down in this fettiemlnt"^ Section and to the provisions of the Annex hereto : — (a) The exceptional war measures and measures of transfer (de- Germany to dis- ^ ' ■*• V^*^^ continue excep- fined in paragraph 3 of the Annex hereto) taken by Germany ^easu^s!^ with respect to the property, rights and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been comj^leted, shall be immediately discontinued or stayed and the property, rights, and interests concerned restored to their owners, who shall enjoy full rights therein in accordance with the provisions of Article 298. All- ?^^^^^^°^, Article 242 expressly provides that the pro- NOTES. under^'lec'Son' visions of Part VIII. (Reparation) of the Treaty Art. 297. IV. of Part X. with Germany, whereby Germany undertakes °^x'^ff^Yd^h ^° ^PPlj -^^®^' economic resources for the ^provisions 0/ Purpose of making reparation for the loss and Part VIII. damage suffered by the nationals of the Allied and Associated Powers as a consequence of the war, do not apply to the property, rights, and interests referred to in Sections III. and IV. of Part X. of this Treaty, nor to the proceeds of the liquidation thereof, except so far as concerns the final balance in favour of Germany under Article 243 (a). Property of The private property, rights, and interests ten-Uory 0^ belonging to German nationals in — Siam, Liberia, (a) The territories of the oversea possessions E^ypHre^sub- formerly belonging to the German ject to Section Empire, or to any German State IV. of Part X. (Article 121) ; of Treaty. (^^ g -^^ (Article 136) ; (c) Liberia (Article 140) ; (d) The Sherifian Empire of Morocco (Article 144), and (e) Egypt (Article 153), 224 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 249 [?>]). In clause {h) of Article 249 of the Treaty with Austria : (i.) The words '' nationals of the former Austrian Empire'' are substituted for the words " German nationals" (ii.) The words " or are under the control of those Powers " are inserted at the end of the first paragraph of clause (&). (iii.) The word " owner " is substituted for the words " German owner." HUNGARY (ART. 232 [5]). In clause (b) of Article 232 of the Treaty with Hungary : (i.) The words " nationals of the former Kingdom of Hungary " are substituted for the words " German nationals." (ii.) The words "or are under the control of those Powers " are inserted at the end of the first paragraph of clause (h). (iii.) The word "owner" is substituted for the words " German owner." BULGARIA (ART. 177 [/>]). In clause {h) of Article 177 of the Treaty with Bulgaria, the word " Bulgarian " is substituted for the word " German." TEXT OF TREATY WITH GERMANY 225 (b) Subject to any contrary stipulations which may be provided Art. 297. for in the present Treaty, the Allied and Associated Powers may retain and , . , . 1 T • 1 * 11 -1 liquidate enemy reserve the right to retain and liquidate* all property, rights, property, and interests belonging at the date of the coming into force of the present Treaty to German nationals, f or companies controlled by them, within their territories, colonies, posses- sions and protectorates, including territories ceded to them by the present Treaty. The liquidation shall be carried out in accordance with the laws of the x\llied or Associated State concerned, :|: and the German owner shall not be able to dispose of such property, rights, or interests nor to subject them to any charge with- out the consent of that State. will be subject to/ and be dealt with in accordance with, tlie NOTES. provisions of Section lY. of Part X. of the above Treaty. Art. 297 (b). * Property of Under Article 297, each of the Allied and teStSy^'ceSd Associated Powers has a right, \vliicli is in no by Treaty to ^^av affected by the other provisions of the Allied Powers. Treaty (see Article 252)^ to retain and licpidate the property and assets of German nationals, not only where such property and assets is situated within the territory of such Allied or Associated Power, or of its colonies, possessions, or protectorates, but also where it is situated in territories ceded to the Allied and Associated Powers by this Treaty, It is, however, not clear who Avill be entitled to the benefit of the property so retained, or of the proceeds of any property so liquidated, where, as in the cases of Memel (Article 99), Danzig (Article 100), and the oversea territories of the German Empire (Article 119), the territory, in which the ]3roperty and assets in c[uestion was or were situated, has been ceded to the Principal Allied and Associated Powers jointly. + German Germans, who have entirely divested them- nationals. selves of their German nationality according to German law without acquiring a new nationality, are not German nationals, but are " stateless." {Stoech v. Public Trustee, W.N. [1921], p. 180.) X "In accord- It is submitted, that the provision in Article TlUe'd*^.^^^ 297 (h) prescribing that the liquidation of State property in territories ceded by Germany- concerned." under this Treaty shall be carried out "in accordance Avith the laws of the Allied or Associated State concerned," only applies in cases in which Germany has ceded territory to a single Power {e.g., Alsace 15 226 VARIANTS IN OTHER TREATIES Substituted clause. AUSTRIA (ART. 249). The last paragraph of clause (b) of Article 297 of the Treaty with Germany is omitted from clause (h) of Article 249 of the Treaty with Austria, and is replaced by the following paragraph : " Persons who within six months of the coming into force of " the present Treaty show that they have acquired ipso facto in " accordance with its provisions the nationality of an Allied or " Associated Power, including those who under Articles 72 or 76 "obtain such nationality with the consent of the competent " authorities, or who under Articles 74 or 77 acquire such nation- " ality in virtue of previous rights of citizenship {pertinenza), will " not be considered as nationals of the former Austrian Empire " within the meaning of this paragraph." (See supra, pp. 143-146.) Clause (c) of Article 297 of the Treaty with (rermany is repeated verbatim in clause (c) of Article 249 of the Treaty with Austria. Substituted clause. HUNGARY (ART. 232). The last paragraph of clause (b) of Article 297 of the Treaty with Germany on the opposite page is omitted from clause (b) of Article 232 of the Treaty with Hungary, and is replaced by the follo"vving paragraph : '' Persons who within six months of the coming into force of " the present Treaty show that they have acquired ipso facto in " accordance with its provisions the nationality of an Allied or " Associated Power, including those who under Article 62 obtain "such nationality with the consent of the competent authorities "or in virtue of previous rights of citizenship [pertinenza), will "not be considered as nationals of the former Kingdom of " Hungary within the meaning of this paragraph." (See supra, pp. 152-153.) Clause (c) of Article 297 of the Treaty with Germany is repeated verbatim in clause (c) of Article 232 of the Treaty with Hungary. BULGARIA (ART. 177). Clauses (/>) and (c) of Article 297 of the Treat}^ with Germany are repeated verJiatiin in clauses (l)) and (c) of Article 177 of the Treaty with Bulgaria, subject to the substitution in clause (b) of the Avord "Bulgarian" for the word "German." TEXT OF TREATY WITH GERMANY 227 German nationals who acquire ipso facto the nationality* of •*^*- 297. an Allied or Associated Power in accordance with the pro- visions of the present Treaty will not be considered as Ger- man nationals within the meaning of this paragraph, (c) The price or the amount of compensation in respect of the Price or com- - 1 . , - 1 • 1 pensation for exercise of the right referred to in the preceding paragraph property re- ih) will be fixed in accordance with the methods of sale or dated under \ (6) ' _ by Allied valuation adopted by the laws of the country in which the Powers, property has been retained or liquidated. Lorraine^ and territory ceded to Belgium, Poland, and NOTES. Czecho-Slovakia respectively), but is inapplicable in the ■^^- ^^"^ (^) • case of territory ceded to several Powers jointly; for, as several Powers have or may have several different sets of laws, it would be impossible to determine which set should be applied in carrying out the liquidation. In such a case, it would seem that the liquidation should be carried out in accordance with the laws of the country, in which the property to be liquidated is. * Germans who The following German nationals will acquire acquirethe ^f**^ facto the nationality of an Allied or nationality of Associated Power in accordance with the Allied Power above Treaty, (namely) German nationals who under Treaty. ^^^^^,^ .^ (A) i.e., Belgian nationality, if they habitually reside in the territories ceded to Belgians by the Treaty (Article 36) ; (B) i.e., French nationality, if they have regained such nationality in virtue of § 1 of the Annex to Section V. of Part III. of the Treaty (viz.): (i.) Persons who lost French nationality by the applica- tion of the Franco-German Treaty of May 10, 1871, and who have not since that date acquired any nationality other than German ; (ii.) The legitimate or natural descendants of the persons referred to in the immediately preceding paragraph, with the exception of those whose ascendants in the paternal line include a German who migrated into Alsace Lorraine after July 15, 1870. (iii.) All persons born in Alsace Lorraine of unknown parents, or whose nationality is unknown; (C) i.e., Czecho-Slovak nationality, if they habitually reside in any of the territories recognised as forming part of the Czecho-Slovak State (Article 84), and (D) i.e., Polish nationality, if they habitually reside in territories recognised as forming part of Poland (Article 91). 228 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 249). In Clause ((/) of Article 219 of the Treaty with Austria the words '« the nationals of the former Austrian Enqjire, on the other hand, as also between Austria, on the one hand, and the Allied and Associated Poivers and their nationals" are substituted for the words " Germany or her nationals." In Clause {e) of Article 249 of the Treaty with Austria : (i.) The words "territory of the former Austrian Empire" are substituted for the Avords "German territory as it existed on Au^mst 1, 1914," in clause (e) of Article 297 of the Treaty with Germany. (ii.) The word "Austria" is substituted for the word "Germany," and the words ^^ nationals of the former Austrian Umpire m' companies controlled by them as defined in paragraph (6)" are substituted for the words " German nationals" in clause (c) of Article 297 of the Treaty with Germany. HUNGARY (ART. 232). In Clause {d) of Article 232 of the Treaty with Hungary the words " nationals of the former Kingdom of Hungarij, on the one hand, as cdso between Hungary, on the one hand, and the Allied and Associated Powers and their nationals" are substituted for the words " Germany or her nationals" In Clause {e) of Article 232 of the Treaty with Hungary : (i.) The words " territory of the former Kingdom of Hungary " are substituted for the words " German territory as it existed on August 1, 1914," in clause {e) of Article 297 of the Treaty with Germany, (ii.) The word " Hungary " is substituted for the word "Germany," and the words " nationals of the former Kingdom of Hungary or companies controlled by them as defined by piaragrapli (b)" are substituted for the words ''German nationals" in . . . clause (e) of Article 297 of the Treaty with Germany. BULGARIA (ART. 177). In Clause {<() of Article 177 of the Treaty with Bulgaria the word "Bulgaria" is substituted for the word "Germany," and the following words arc added at the end of clause {d) : Additional '< if^ however, in the States referred to in paragraph (i) of this "' " Article measures prejudicial to the property, rights, and interests of "Bulgarian nationals and not in accordance with the local law have been "taken, the Bulgarian proprietor shall be entitled to compensation for "the damage caused to him. This compensation shall be fixed by the "Mixed Arbitral Tribunal provided for by Section VI. The same " measures and all others afiecting the property, rights, and interests of " nationals of the Allied and Associated Powers — notably acts of requi- " sition or seizure, wheresoever eftected, by the civil or military authori- " ties, the troops or population of Bulgaria, or effected in Bulgaria by the " civil or military authorities or the troops of the Powers allied with " Bulgaria— are declared void, and the Bulgarian Government will take " all measures necessary for the restoration of such property, rights, and "interests." In Clause (e) of Article 177 of the Treaty with Bulgaria the words "September 20, 191.5," "Bulgarian," and "Bulgaria" are respectively substituted for the words" August 1, 1914," "German," and"Germany," in clause (e) of Article 297 of the Treaty with Germany. clause. TEXT OF TREATY WITH GERMANY 229 ((/) As between the Allied and Associated Powers or their nationals Art. 297. on the one hand and Germany or her nationals on the other vatiins war®""' hand, all the exceptional war measures, or measures of uig'^on teiu^'^' transfer, or acts done or to be done in execution of such Ind thefr^""" measures as defined in paragraphs 1 and 3 of the Annex '^''*'°''^^^- hereto shall be considered as final and binding upon all persons except as regards the reservations laid down in the present Treaty. (e) The nationals of Allied and Associated Powers shall be entitled Compensation for damage done to compensation in respect of damage or injury inflicted n°ationaiI*o^f °* upon their property, rights, or interests, including any ^^^^f^^^^^f^ company or association in which they are interested, in German territory as it existed on August 1, 1914, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs 1 and 3 of the Annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compen- sation shall be determined by the Mixed Arbitral Tribunal* provided for in Section VI. or by an Arbitrator appointed The effect of the last paragraph of Article 297 (6) is to NOTES, exclude all the property, rights, and interests belonging to German nationals, who t2)so facto acquire the Belgian, French, Czecho- Slovak, or Polish nationality, from the above-mentioned right to retain and liquidate, which is vested in the Allied and Associated Powers. German nationals, who were at the time of the coming into force of the Treaty with Germany ordinarily resident in the territory to be transferred to the Free City of Danzig, ipso facto became nationals of such Free City (Articles 100 and 105), and persons, who Avere at that time inhabitants of the territory returned by Germany to Denmark under this Treaty, ipso facto acquired the Danish nationality (Article 112). As, however, neither the Free City of Danzig nor Denmark is an Allied or Associated PoAver, the property, rights, and interests belonging to nationals of Danzig, or to persons so acquiring Danish nationality, within the terri- tories, colonies, possessions, and protectorates of the Allied and Associated Powers appear not to be exempted from the power to retain and liquidate under Article 297 (6). ■^ As to the procedure to be adopted and the steps to be Art. 297 (e) taken before the Anglo-German Mixed Arbitral Tribunal for establishing a claim for compensation in respect of damage or injury inflicted on the property, rights, and interests of British subjects in Germany, see supra, pp. 108-110, and infra, pp. 324-337. 230 VARIANTS IN OTHER TREATIES AUSTRIA. HUNGARY, AND BULGARIA. Clauses {e) and (/) o£ Article 297 of the Treaty -with Germany, so far as they appear on the opposite page, are reproduced verbatim in clauses (e) and (/) of Article 249 of the Treaty with Austria, of Article 232 of the Treaty with Hungary, and of Article 177 of the Treaty with Bulgaria, subject to the followino' alterations : AUSTRIA (ART. 249). in clause (/) of Article 249 of the Treaty with Austria, the words " territory of the former Austrian Empire " and '' Austria " are respectively substituted for the words " German territory " and " Germany " in clause (/) of Article 297 of the Treaty with Germany.* HUNGARY (ART. 232). In clause (/) of Article 232 of the Treaty with Hungary, the words " territory of the former Kingdom of Hungary " and " Hungary " are respectively substituted for the words " German territory " and " Germany " in clause (/) of Article 297 of the Treaty with Germany. BULGARIA (ART. 177). In clause (/) of Article 177 of the Treaty with Bulgaria, the words " Bulgarian " and " Bulgaria '^ are respectively sub- stituted for the words '^German " and "Germany" in clause (/) of Article 297 of the Treaty with Germany. • For the Order in Council charging Austrian property in the United Kingdom, see infra, Appendix II., pp. 315-317. TEXT OF TREATY WITH GERMANY 231 by that Tribunal. This compensation shall be borne by Art. 297. Germany, and may be charged upon the property of German nationals within the territory or under the control of the claimant's State. This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto.* The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Germany. (/) Whenever a national of an Allied or Associated Power is ^^etmpen^atL entitled to property which has been subjected to a measure natfonaf o7 °^ of transfer in German territory and expresses a desire for its subfected'tr , . , . . ... 1 • , 1 measure of restitution, his claim for compensation in accordance with transfer in Ger- paragraph (e) shall be satisfied by the restitution of the said '"*"^* property if it still exists in specie. In such case Germany shall take all necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which it may have been charged after the liquidation, and to indemnify all third parties injured by the restitution. * Charge on The property, rights, and interests within His NOTES. SS?/s in Majesty's Dominions and Protectorates belong- ^'^- ^^ '^^^■ British territory ing to German nationals, when the Treaty and Egypt to came into force {i.e., January 10^ 1920), has to'^'^o ^eT^S ^^^^^ charged by paragraph 1 (xvi.) of the Br'itffhrubj'ects Treaty of Peace Order, 1919, {inter alia) caused by war with payment of the amounts due in respect °Geman ^^ °^ claims by British nationals with regard to ermany. ^j^gj^. property, rights, and interests (including companies and associations in which they are interested) in German territory (see infra, Appendix, pp. 308-309). A similar Order charging the property, rights, and interests in Egypt belonging to German nationals, on January 10, 1920, has been made by the Egypt Treaty of Peace Order in Council, 1920, dated January 22, 1920 (London Gazette, February 3, 1920, No. 31,765), in favour of British nationals (the British nationals resident or carrjang on trade in Egypt being given priority over other British claimants). A subsequent Order in Council of March 25, 1920 (which amends the last Order), provides that Egyptian nationals, resident or carrying on business in Egypt, shall share the benefit of the charge created by the Order of January 22, 1920, on the same terms as British nationals resident or carrying on business in Egypt, if such Egyptian nationals were treated by the German Government as enemies, and their property was subjected by the German Government to exceptional war measures. 232 VARIANTS IN OTHER TREATIES AUSTRIA AND HUNGARY. Clauses (f), {y), and (A) of Article 297 of the Treaty with Germany, so far as they appear on the opposite page, are re- produced verhatim in clauses (/), (g), and (li) of Aeticle 249 of the Treaty with Austkia and of Article 232 of the Treaty with Hungary, subject to the following alterations : AUSTRIA (ART. 249). In clause (/() of Article 249 of the Treaty with Austria: The words " other than 'proceeds of sale of property or cash assets in Allied or Associated countries belonging to persons covered hy the last sentence of paragraph (6) above " are inserted after the words " cash assets of enemies" in clause (h) of Article 297 of the Treaty with Germany. HUNGARY (ART. 232). In clause (h) of Article 232 of the Treaty with Hungary : The words " other than proceeds of sale of property or cash assets in Allied or Associated countries belonging to persons covered by the last sentence in paragraph (b) above " are inserted after the words " cash assets of enemies " in clause (h) of Article 297 of the Treaty with Germany. BULGARIA (ART. 177). The text of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 233 If the restitution provided for in this paragraph cannot Art. 297. be effected, private agreements arranged by the intermedia- tion of the Powers concerned or the clearing offices provided for in the Annex to Section III. may be made, in order to secure that the national of the Allied or Associated Power may secure compensation for the injury referred to in para- graph (e) by the grant of advantages or equivalents which he agrees to accept in place of the property, rights, or interests of which he was deprived. Through restitution in accordance with this Article, the price or the amount of compensation fixed by the application of paragraph {e) will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration. (g) The rights conferred by paragraph (f) are reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation* of enemy property, rights, or interests were not applied before the signature of the Armistice. (h) Except in cases where, by application of paragraph (/), j^r'oceeds^o? °^ restitutions in specie have been made, the net proceeds of dat^edVnemy sales of enemy property, rights, or interests, wherever 1""°?®*'*^- situated, carried out, either by virtue of war legislation, f or ♦"General "General liquidation of enemy property " NOTES. liquidation." ^^^^^^ -^ -^ g^^^mitted, mean liquidation of all Art. 297 (g). enemy property. As no legislative measure (either in the form of an Act of Parliament or an Order in Council or Regulations or Rules made under statutory authority) was passed in Great Britain before the signature of the Armistice prescrib- ing such '^general liquidation/' nationals of Great Britain are, it is submitted, entitled to restitution in specie under paragraph (/) of Article 297, if correctly interpreted. The Law Officers appear, however, to have advised the British Government that British claimants have not the right con- ferred on nationals of the Allied Powers to recover in specie their property, which has been subjected to a measure of transfer in Germany. The grounds for so holding are not apparent. t "War legis- The expression '' war legislation " corresponds Art. 297 (h) * ^°°' to legislation exceptionelle cle guerre in the French version of this passage, and would appear to be equivalent to '' exceptional war measures," as defined by paragraph 3 of the Annex to Section lY. (see infra, p. 241). 234 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clause (A) of Article 297 of the Treaty with Germany^ so far as it appears on the opposite page, is reproduced verbatim in clause (h) of Aeticle 249 of the Treaty with Austria, of Article 232 of tlie Treaty with Hungary^ and of Article 177 of the Treaty with Bulgaria, subject to the following alterations : AUSTRIA (ART. 249 [h]). (i.) "Austria " is substituted for " Grermany." (ii.) The words "nationals of the former Atistrian Empire or companies controlled by them as defined by paragraph {b) " are substituted for the words " German nationals." (iii.) The words "Article 189, Part VIII. (Reparation) of the present Treaty" are substituted for the words " Article 243." (iv.) The words " (i) Subject to the provisions of Article 267 " are inserted immediately before the words "in the case of liquidations." (v.) The words "Articles 181, Part VIII. (Reparation) and 211, Part IX. (Financial Clauses) " are substituted for the words " Articles 235 and 260." HUNGARY (ART. 232 [/i]). (i.) " Hungary " is substituted for " Germany." (ii.) The words " nationcds of the former Kingdom of Hungary or companies controlled by them as defined by paragraph {h) " are substituted for the Avords " German nationals." (iii.) The words " Article 173, Part VIII. (Reparation) of the present Treaty^' are substituted for the words "Article 243." (iv.) The words " (i) Subject to the provisions of Article 250 " are inserted immediately before the words " in the case of liquidations." (v.) The words "Articles 165, Part A^III. (Reparation), and 211, Part IX. (Financial Clauses) " are substituted for the words " Articles 235 and 260." BULGARIA (ART. 177 [Z;]). (i.) " Bulgaria " and " Bulgarian " are substituted for " Germany " and " German." (ii.) The words "Article 129, Part VII. (Reparation) of the present Treatv" are substituted for the words " Article 243." 'iii.) The words " Article 121, Part VII. (Reparation) of the present Treaty " are substituted for the words " Articles 235 and 260." TEXT OF TREATY WITH GERMANY 235 by application of this Article, and in general all cash assets* Art. 297 (h). of enemies, shall be dealt with as follows : — (1) As regards Powers adopting Section III. and the Annex thereto, the said proceeds and cash assets shall be credited to the Power of which the owner is a national, through the clearing office established thereunder ; any credit balance in favour of Germany resulting therefrom shall be dealt with as provided in Article 243.t (2) As regards Powers not adopting Section III. and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or Associated Powers held by Germany shall be paid immediately to the person entitled thereto or to his Government ; the proceeds of the property, rights and interests, and the cash assets, of German nationals received by an Allied or Associated Power shall be subject to disposal by such Power in accordance with its laws and regulations and may be applied in payment of the claims and debts defined by this Article or paragraph 4 of the Annex hereto. Any property, rights and interests or proceeds thereof or cash assets not used as above provided may be retained by the said Allied or Associated Power and if retained the cash value there of shall be dealt with as provided in Article 243. In the case of liquidations effected in new States, which are signatories of the present Treaty as Allied and Associated Powers, or in States which are not entitled to share in the reparation payments to be made by Germany, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Articles 235 and 260, be paid direct to the owner. If on the application of that owner, the Mixed Arbitral Tribunal, provided for by Section VI. of this Part or an arbitrator appointed by that Tribunal, is satisfied that the conditions of the sale or measures * " Cash assets." ^® ^^ *^^® meaning of " cash assets/' see NOTES, paragraph 11 of the Annex to Section IV. (see infra, p. 247). t Article 243 provides that credit balances in favour of Germany under Section IV. of Part X. shall be reckoned as credits to Germany in respect of her reparation obligations. 236 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clauses (i) and (j) of Article 297 and Article 298 of the Treaty with Germany are reproduced verhatim in clauses (_/) and (k) of Article 249 and in Article 250 of the Treaty with Austria, in clauses (/) and (k) of Article 232 and in Article 233 of the Treaty with Hungary, and in clauses (./) and (k) of Article 177 and in Article 178 °of the Treaty with Bulgaria, subject to the following modifications : AUSTRIA (ARTS. 249 AND 250J. (i.) "Austria " is substituted for " Germany.'^ (ii.) "November 3, 1918" is substituted for "November 11, 1918." (iii.) 'Jlie words " Article 249 " are substituted for the words " Article 297." (iv.) The words " nationals of the former Austrian Empire under the laws" are substituted for the words "German nationals under the laws." (v.) The words " Austrian nationals and to pay " are sub- stituted for the words "German nationals and to pay." HUNGARY (ARTS. 232 AND 233). (i.) " Hungary " is substituted for " Germany." (ii.) "November 3, 1918" is substituted for "November 11, 1918." (iii.) At the end of Article 232 several clauses, the substance of which is set out supra on pp. 153 and 154, are added. The effect of these claiases is to protect the property of Allied nationals against damage due to acts of violence during the Bolshevic regime in Hungary. (iv.) The words " Article 232 " are substituted for the words " Article 297." (v.) The words " nationals of the former Kingdom of Hungary under the laws " are substituted for the words " German nationals under the laws." (vi.) The words "Hungarian nationals and to pay" are substituted for the words " German nationals and to pay." BULGARIA (ARTS. 177 AND 178). (i.) "Bulgaria" and "Bulgarian" are substituted for " Germany " and " German." (ii.) The words "September 29, 1918" are substituted for the words "November 11, 1918." (iii.) Article 179 of the Treaty with Bulgaria provides that pre-war diplomatic and consular claims in respect of property of Allied nationals shall be submitted to the Mixed Arbitral Tribunal. (See swpra, p. 155.) TEXT OF TREATY WITH GERMANY 237 taken by the Government of the State in question Art. 297. outside its general legislation were unfairly prejudicial to the price obtained, they shall have discretion to award to the owner equitable compensation to be paid by that State. (i) Germany undertakes to compensate its nationals in respect of Germany to ^ ' "^ '■ J- compensate its the sale or retention of their property, rights, or interests in "^^'^ionais. Allied or Associated States.* (/) The amount of all taxes and imposts upon capital levied or to German capital ' J. J. 1 taxes on pro- be levied by Germany on the property, rights, and interests Jj^tiJnais of of the nationals of the Allied or Associated Powers from A^^i^'^ Powers Since Siriiiisxic© November 11, 1918, until three months from the coming *° ^''^ '"^P'''^'^- into force of the present Treaty, or, in the case of property, rights, or interests which have been subjected to exceptional measures of war, until restitution in accordance with the present Treaty, shall be restored to the owners. Article 298. Germany undertakes, with regard to the property, rights, and Art. 298. interests, including companies and associations in which they were duti^^asto interested, restored to nationals of Allied and Associated Powers in stoSto*^^ accordance with the provisions of Article 297, paragraph (a) or (/) : — AJii^d Powers /\m T • 1 • .11. 1 under §? (a) and (a) io restore and maintain, except as expressly provided m the (/) of Art. 297. present Treaty, the property, rights, and interests of the nationals of Allied or Associated Powers in the legal position obtaining in respect of the property, rights, and interests of German nationals under the laws in force before the war ;t (6) Not to subject the property, rights, or interests of the nationals of the Allied or Associated Powers to any measures in de- rogation of property rights, which are not applied equally to * Extent of It will be noticed that, whereas the right to NOTES. Ge?manybrtli°e ^'^^^.^^ ^^^^ liquidate under clause {b) of Art. 297 (i). German Article 297 extends to property, rights, and Government. interests in the territories, as well as in the colonies, possessions, and protectorates of the Allied and Associated Powers and in the territories ceded to them, the undertaking to compensate German nationals under clause (i) only comprises property, rights, and interests in Allied and Associated States. t Restitution of A special agreement between the British and Art. 298 (a). in^Germany'^^ ^ German Governments provides for the resti- tution of British-owned property which has been subjected to exceptional war measures in Germany. (See infra. Appendix V., pp. 338-342.) 238 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clause 1 of the Annex to Section IV. of tlie Treaty with Germany on the opposite page is reproduced verbatim in clause 1 of Section IV. of the Treaties with Austria, Hungary^ and Bulgaria, subject to the following modifications : AUSTRIA (ANNEX TO SEC. IV.). (i.) The words "Article 249^' are substituted for the words "Article 297." (ii.) "Austria" and "Austrian" are substituted for " Germany " and " German." (iii.) The Avords " taken by the former Austro-Hungarian Government" are substituted for the words "taken by the German authorities." (iv.) The words "November 3, 1918" are substituted for the words "November 11, 1918." HUNGARY (ANNEX TO SEC. IV.). (i.) The words "Article 232" are substituted for the words " Article 297." (ii.) " Hungary " and " Hungarian " are substituted for the Avords " Germany " and " German." (iii.) The words " taken by the former Austro-Hungarian Government" are substituted for the words "taken by the German authorities." (iv.) The words "November 3, 1918" are substituted for the words "November 11, 1918." BULGARIA (ANNEX TO SEC. IV.). (i.) The words "Article 177" are substituted for the words " Article 297." (ii.) The last paragraph of clause 1 on the opposite page beginning with the words " The provisions " is omitted from clause 1 of Section IV. of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 239 the property, rights, and interests of German nationals, and Art. 298. to pay adequate compensation* in the event of the application of these measures. ANNEX. 1. In accordance with the provisions of Article 297, paragraph {d), Annex to the validity of vesting orders and of orders for the winding up of confirmation of businesses or companies, and of any other orders, directions, decisions, directions liven or instructions of any Court or any Department of the Government of Powers^pm-su- any of the High Contracting Parties made or given, or purporting to fation.^*'^ ^^^' be made or given, in pursuance of war legislation with regard to enemy property, rights, and interests is confirmed. The interests of all persons shall be regarded as having been effectively dealt with by any order, direction, decision, or instruction dealing with property in which they may be interested, whether or not such interests are specifically mentioned in the order, direction, decision, or instruction. No question shall be raised as to the regularity of a transfer of any property, rights, or interests dealt with in pursuance of any such order, direction, decision, or instruction. Every action taken with regard to any property, business, or company, whether as regards its investiga- tion, sequestration, compulsory administration, use, requisition, supervision, or winding up, the sale or management of property, rights, or interests, the collection or discharge of debts, the payment of costs, charges, or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions, or instructions of any Court or of any Department of the Government of any of the High Con- tracting Parties, made or given, or purporting to be made or given, in pursuance of war legislation with regard to enemy property, rights, or interests, is confirmed. Provided that the provisions of this paragraph ehallnot be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of the country in which the property is situated by nationals of the Allied and Associated Powers. The provisions of this paragraph do not apply to such of the above- mentioned measures as have been taken by the German authorities in invaded or occupied territory, nor to such of the above-mentioned measures as have been taken by Germany or the German authorities since November 11, 1918, all of which shall be void. * Assessment The amount of compensation payable by NOTES. °^'°T/e?*'°'' G^ermany for any damage suffered by a ^. 298(b). Article 298 (b). national of an Allied or Associated Power by reason of his property being subjected to a measure in derogation of property rights should, it is sub- mitted, be fixed by the Mixed Arbitral Tribunal. 240 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clauses 2, 3, and 4 of the Annex to Section IV. of the Treaty with Germany on the opposite page are reproduced verbatim in clauses 2, 3, and 4 of the Annexes to Section IV. of the Treaties with Austria, Hungary, and Bulgaria, subject to the folloAving modifications : AUSTRIA (ANNEX TO SEC. IV.). (i.) In clause 2 the words "by Austria or by any Austrian national, or by or on behalf of any national of the former Austrian Empire,^' are substituted for the Avords " by Germany or any German national." (ii.) In clause 3 the words " Article 249 " are substituted for the words "Article 297." (iii.) In clause 4 the words "interests of nationals of the former Austrian Empire " are substituted for the words "interests of German nationals." HUNGARY (ANNEX TO SEC. IV.). (i.) In clause 2 the words " by Hungary or by any Hungarian national, or by or on behalf of any national of the former Kingdom of Hungary,^' are substituted for " by Germany or any German national." (ii.) In clause 3 the words "Article 232" are substituted for the words "Article 297." (iii.) In clause 4 the words " interests of nationals of the former Kingdom of Hungary " are substituted for "interests of German nationals." BULGARIA (ANNEX TO SEC. IV.). (i.) "Bulgaria" and "Bulgarian" are substituted for " Germany " and " German." (ii.) The words "Article 177" are substituted for the words "Article 297." TEXT OF TREATY WITH GERMANY 241 2. No claim or action shall be made or brought against any Allied Annex to Sec. IV. or Associated Power or against any person acting on behalf of or under Germany and the direction of any legal authority or Department of the Government make claim as of such a Power by Germany or by any German national wherever Government of . . II- Allied Power in resident in respect of any act or omission with regard to his property, respect of pro- rights, or interests during the war or in preparation for the war. Similarly mans. no claim or action shall be made or brought against any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied or Associated Power. 3. In Article 297 and this Annex the expression " exceptional leaning of ^ "^ exceptional war measures '"■' includes measures of all kinds, legislative, administra- ^^J ™meMu^re tive, judicial, or others, that have been taken or will betaken hereafter of t'^'^nsfer." with regard to enemy property, and which have had or will have the effect of removing from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory administration, and of seques- tration ; or measures which have had or will have as an object the seizure of, the use of, or the interference with enemy, assets for whatso- ever motive, under whatsoever form, or in whatsoever place. Acts in the execution of these measures include all detentions, instructions, orders, or decrees of Government departments or Courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collecting of credits, the payment of any costs, charges, or expenses, or the collecting of fees. Measures of transfer are those which have affected or will affect the ownership of enemy property by transferring it in whole or in part to a person other than the enemy owner, and without his consent, such as measures directing sale, liquidation, or devolution of owner- ship in enemy property, or the cancelling of titles or securities. 4. All property, rights, and interests of German nationals within of^nationak* oT^ the territory of any Allied or Associated Powerf and the net proceeds ^^p^Jerty cff of their sale, liquidation or other dealing therewith may be charged by AiuTd territory. • "Exceptional The Trading with the Enemy Acts, 1914 to NOTES. war measures." -^g^g^ ^^^ "exceptional war measures "§ V^ Aim®^ {Meyer and Co. v. Faher, W.N. [1921], 180). ** ^®*'- ^^• t Charge on It will be noticed that, whereas para- GerSsi'n g^^P^ (^). ^f Article 297, which authorises British Colonies, the retention and liquidation of the property, Dominions, and rights, and interests of German nationals, ro ec ora es. g^pressly makes such power applicable to such property, rights, and interests within the territories, colonies, possessions, and fj-otectorates of the Allied and 16 242 VARIANTS IX OTHER TREATIES AUSTRIA. HUNGARY, AND BULGARIA lANNEX TO SEC. IV.) Clause 4 of the Annex to Section IV. of the Treaty with Germany, so far as the same appears on the opposite page, is repeated verbatim in clause 4 of the Annexes to Section IV. of the Treaties with Austria, Hungary, and Bulgaria, subject to the following modifications : AUSTRIA (ANNEX TO SEC. IV.). (a) The words " territory of the former Austrian Empire " are substituted for the words " German territory," (b) The words "by Austrian nationals " are substituted for " German nationals," (c) The words " the former Austro-Hungarian Government " are substituted for " the German Government," (cZ) The words " Austrian authorities " are substituted for " German authorities." (e) The words "July 28, 1914" are substituted for the words "July 31, 1914." HUNGARY (ANNEX TO SEC. IV.). (a) The words "territory of the former Kingdom of Hungary" are substituted for "German territory," {h) The words "Hungarian nationals" are substituted for " German nationals," (c) The words " the former Austro-Hungarian Government " are substituted for " the German Government," (d) The words " Hungarian authorities " are substituted for "German authorities." (e) The words "July 28, 1914" are substituted for the words "July 31, 1914." BULGARIAN (ANNEX TO SEC. IV.). The words "October 11, 1915" are substituted for "July 31, 1914," and the word "Bulgarian" is substituted for the word " German." TEXT OF TREATY WITH GERMANY 243 that Allied or Associated Power in the first place with payment of § * of Annex . A IT 1 ^0 Sec. IV. amounts due in respect of claims by the nationals of that Allied or Associated Power* with regard to their property, rights, and interests, including companies and associations in which they are interested, in German territory, or debts owing to them by German nationals, and with payment of claims growing out of acts committed by the German Government or by any German authorities since July 31, 1914, and before that Allied or 'Associated Power entered into the war. The amount of such claims may be assessed by an arbitrator appointed by Mr. Gustave Ador, if he is willing, or, if no such appointment is made by him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided for in Section VI. They may be charged in the second place with payment of the amounts due in respect of claims by the nationals of such Allied or Associated Power with regards to their property, rights, and interests in the territory of other enemy Powers, in so far as those claims are otherwise unsatisfied. Associated Powers, paragraph 4 of the Annex only NOTES. authorises the creation of a charge on the property, rights, and interests of German nationals " within the territory of any Allied or Associated Power/' but does not expressly authorise the creation of a corresponding charge on the property, rights, and interests of German nationals in the " colonies, possessions, and pi'^otectorates " of the Allied and Associated Powers. It Avould therefore appear not to be quite clear, that His Majesty's Government in Great Britain had power under paragraph 4 of the Annex to create a charge on the property, rights, or interests of German nationals within the territory of any British Colonies or Pro- tectorates other than the following five Colonies, (namely) Canada, Australia, South Africa, New Zealand, and India (see Clause 1 [xvi.] of the Treaty of Peace Order, 1919). As has been stated above, two Orders in Council, charging the property, rights, and interests of Germans in Egypt in favour of British and Egyptian nationals residing or trading in Egypt, have been made, but it is open to some doubt whether there was power under paragraph 4 of the Annex to create those charges. However, whether such charges were authorised or not, there is clearly power to retain and liquidate such property in the colonies, possessions, and protectorates under clause {h) of Article 297. * Restrictions The power vested in each Allied or Associated crea^e^harge Po^^^r to secure debts by creating a charge under § 4. on German property within its territory is restricted to securing the moneys owing in respect of claims by nationals of that Allied or Associated 244 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clauses 5 and 6 of the Appendix to Section IV. of the Treaty with Germany are reproduced verhativi in clauses 5 and 6 of the Annexes to Section IV, of the Treaties with Austria, Hungary, and Bulgaria, subject to the following modifications : AUSTRIA (ANNEX TO SEC IV.)- (i.) The words "Austria" and "Austrian" are substituted for "Germany" and " German." (ii.) The words" Article 249" are substituted for " Article297." (iii.) The words " taken under war legislation in force in the former Austro-Hungarian Monarchy " are substituted for " under German war legislation." HUNGARY (ANNEX TO SEC IV.). (i.) The words " Hungary " and " Hungarian " are substituted for " Germany " and " German." (ii.) The words " Article 232 " are substituted for " Article 297." (iii.) The words " taken under war legislation in force in the former Austro-Hungarian Monarchy " are substituted for " under German war leadslation." BULGARIA (ANNEX TO SEC IV). The words " Bulgaria," "Bulgarian," and " Article 177 " are respectively substituted for the words " Germany," " German," and "Article 297." TEXT OF TKEATY WITH GERMANY 245 5. Notwithstanding the provisions of Article 297, where imme- Annex to diately before the outbreak of war a company incorporated in an Trade-marks Allied or Associated State had rights in common with a company con- by^companies trolled by it and incorporated in Germany to the use of trade-marks in posing states. third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in third countries to the exclusion of the German company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action under German war legis- lation with regard to the latter company or its business, industrial property or shares. Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the con- tinuation of reproduction of articles for use within German territory. 6. Up to the time when restitution is carried out in accordance ^^^f^j^ [^' with Article 297, Germany is responsible for the conservation of nati'o^nais°of property, rights, and interests of the nationals of Allied or Associated ^^^^'^ Powers. Powers, including companies and associations in which they are in- terested, that have been subjected by her to exceptional war measures. Power. Hence, though France and Great Britain may, NOTES. by virtue of Article 296 (/), mutually agree that the |^*g°c^*^ machinery of the French Clearing Office shall be used for settling debts owing by and to British subjects residing in France, and the machinery of the English Clearing Office shall be used for settling debts owing by and to French subjects residing in Great Britain, the claims of British subjects in France cannot be charged by the French Government on the property of Germans in France, and similarly the claims of French subjects cannot be charged by the British Government on the property of Germans in Great Britain. As has been stated above (p. 227), the property of certain German nationals, who ipso facto acquired the nationality of one of the Allied or Associated Powers, was exempt by the last paragraph of Article 297 (h) from retention and liquidation by the Allied and Associated Powers. It would appear to follow that, as the Allied and Associated Powers have no power to retain the property of such German nationals within their territory, the power given to those Powers by paragraph 4 of the Annex to create a charge is not applicable to the property of German nationals, who ipso facto acquired the nationality of one of the Allied or Associated Powers. 246 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clauses 7 to 12 of the Annex to Section IV. of tlie Treaty with Germany are reproduced verbatim in clauses 7 to 12 of the Annexes to Section IV. of the Treaties with Austria, Hungary, and Bulgaria, subject to tlie following modifications : AUSTRIA (ANNEX TO SEC. IV.). (i.) The words "Austria," "Austrian," and "Article 249" are respectively substituted for the words " Germany," " German," and " Article 297." (ii.) In clause 11 the words " existence of a state of war" are substituted for the words " declaration of war." HUNGARY (ANNEX TO SEC. IV.). (i.) The words " Hungary," " Hungarian," and " Article 232 " are respectively substituted for the words " Germany," " German," and " Article 297." (ii.) In clause 11 the words "existence of a state of war" are substituted for the words " declaration of war." BULGARIA (ANNEX TO SEC. IV.). (i.) The words "Bulgaria," "Bulgarian," and "Article 177" are respectively substituted for the words " Germany," " German," and " Article 297." (ii.) In clause 10 the words " September 1, 1915 " are substi- tuted for "July 1, 1914." (iii.) In clause 11 the words " existence of a state of war "j_are substituted for the words " declaration of war." TEXT OF TREATY WITH GERMANY 247 7 Within one year from the comine into force of the present Annex to "^ Sec. IV. Treaty the Allied or Associated Powers will specify the property, specification of 1-11 • 1 J -J.! • 1-i. property to bu rights, and interests over which they intend to exercise the right pro- dealt with under ° ' § (/) of Art. 297. vided in Article 297, paragraph (/). 8. The restitution provided in Article 297 will be carried out by ^^'Iftresti- order of the German Government or of the authorities which have been ^^^I^oqT'^^'' substituted for it. Detailed accounts of the action of administrators shall be furnished to the interested persons by the German authorities upon request, which may be made at any time after the coming into force of the present Treaty.* 9. Until completion of the liquidation provided for by Article 297, ^'XafioL^s'' paragraph (J), the property, rights, and interests of German nationals j°,'ft"o w° '''^" will continue to be subject to exceptional war measures that have been i^easures. or will be taken with regard to them. 10. Germany will, within six months from the coming into force of ^^^i^^^^^y^^ed the present Treaty, deliver to each Allied or Associated Power all f^^ll^^^^"^^''^ securities, certificates, deeds, or other documents of title held by its ^^uXountry. nationals and relating to property, rights, or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, debenture stock, or other obligations of any com- pany incorporated in accordance with the laws of that Power. Germany will at any time on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights, and interests of German nationals within the territory of such Allied or Associated Power, or with regard to any transaction concerning such property, rights, or interests effected since July 1, 1914. 11. The expression "cash assets "+ includes all deposits or funds J?^J,"j|*^°°e^[.. established before or after the declaration of war, as well as all assets coming from deposits, revenues, or profits collected by administrators, sequestrators, or others from funds placed on deposit or otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, Provinces, or Municipalities. 12. All investments wheresoever eflfected with the cash assets of J^Jj^^'^^^J^g^ftobe nationals of the High Contracting Parties, including companies and annulled. ^ A special agreement between the British and German NOTES. Governments provides for the restitution of British owned § 8 of Annex property, which has been subjected to exceptional war measures in Germany (see infra, Appendix V., pp. 338-342). t The expression " cash assets " is found in paragraph {h) § 12 of Annex of Article 297 and in paragraph 12 of the Annex to *<» Sec. IV. Article 298. 248 - VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY. AND BULGARIA. Clauses 13 to 15 of tlie Annex to Section IV. in the Treaty with Germany are reproduced verbatim in clauses 13 to 15 of the Annexes to Section IV. of the Treaties with Austria, Hungary, and Bulgaria, subject to the following modifications : AUSTRIA (ANNEX TO SEC. IV.). (i.) The words " Austria," " Austrian," and " Article 249 " are respectively substituted for the words " Germany,'' " German," and " Article 297." (ii.) In clause 13 the words " the territory of the former Austrian Empire or in territory occupied by that Empire or its Allies " are substituted for the words " German territory or in territory occupied by Germany or her Allies." HUNGARY (ANNEX TO SEC. IV.). (i.) The words " Hungary," " Hungarian," and " Article 232 " are respectively substituted for the words " Germany," " German," and " Article 297." (ii.) In clause 13 the words "the territory of the former Kingdom of Hungary or in territory occupied by that Kingdom or its Allies " are substituted for the Avords " German territory or the territory occupied by Germany or her Allies." BULGARIA (ANNEX TO SEC IV.). The words " Bulgaria," " Bulgarian," and "Article 177" are respectively substituted for the words "Germany," "German," and " Article 297." TEXT OF TREATY WITH GERMANY 249 associations in which such nationals were interested, by persons Annex to Sec IV responsible for the administration of enemy properties or having control over such administration, or by order of such persons or of any authority whatsoever, shall be annulled. These cash assets shall be accounted for irrespective of any such investment. 13. Within one month from the cominsr into force of the present Germany to '~' deliver docu- Treaty, or on demand at any time, Germany will deliver to the Allied ^^^tfon'^^to and Associated Powers all accounts, vouchers, records, documents, and P^tPj^^^f/Jj information of any kind which may be within German territory, and ^^®<^ Powers, which concern the property, rights, and interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in German territory or in territory occupied by Germany or her allies. The controllers, supervisors, managers, administrators, sequesti'ators, liquidators, and receivers shall be personally responsible under guarantee of the German Government for the immediate delivery in full of these accounts and documents, and for their accuracy. 14. The provisions of Article 297 and this Annex relating to ^''^Q^^t^^PP^®^ property, rights, and interests in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits, and accounts, Section III. regulating only the method of payment. In the settlement of matters provided for in Article 297 between |j^7ii\';''ast^ Germany and the Allied or Associated States, their colonies or o^exchTngeand protectorates, or any one of the British Dominions or India, in respect even^where'^^ of any of which a declaration shall not have been made that they adopt adopted.'^" Section III., and between their respective nationals, the provisions of Section III. respecting the currency in which payment is to be made and the rate of exchange and of interest* shall apply unless the Govern- ment of the Allied or Associated Power concerned shall within six months of the coming into force of the present Treaty notify Germany that the said provisions are not to be applied. 15. The provisions of Article 297 and this Annex apply to industrial, ^ inlultriS"^^ literary and artistic property which has been or will be dealt with in artistic pro- the liquidation of property, rights, interests, companies or businesses p^"" ^' under war legislation by the Allied or Associated Powers, or in accord- ance with the stipulations of Article 297, paragraph {b). * The rate of exchange and currency, in which debts are NOTES. to be paid, are defined by Article 296 (d) (see supra, p. 205). §o^|g°/^" The interest to be paid on debts is defined by paragraph 22 of the Annex to Article 296 (see supra, p. 221). 250 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 251). Clauses (a) and {h) of Article 299 of the Treaty with Germany are reproduced verhathn in clauses (a) and {h) of Article 251 of the Treaty with Austria. HUNGARY (ART. 234). Clauses (a) and {})) of Article 299 of the Treaty with Germany are reproduced verbatim in clauses (o) and {h) of Article 234 of the Treaty with Hungary. BULGARIA (ART. 180). Clauses (a) and {h) of Article 299 of the Treaty with Germany are reproduced verbatim in clauses (a) and (b) of Article 180 of the Treaty with Bulgaria. TEXT OF TREATY WITH GERMANY 251 SECTION v.— CONTRACTS, PRESCRIPTIONS, JUDGMENTS. Article 299. (a) Any contract concluded between enemies* shall be regarded as Art. 299. ^ 1 . 1 r i.1. I.- Dissolution of having been dissolved f as from the time when any two oi the parties contracts be- ° . . tween enemies. became enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the exceptions and special rules with regard to particular contracts or classes of contracts contained herein or in the Annex hereto. {b) Any contract of which the execution shall be required in the ^[^^oived.'"'* general interest, within six months from the date of the coming into force of the present Treaty, by the Allied or Associated Governments of which one of the parties is a national, shall be excepted from dissolution under this Article. When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI. As to the persons, who will be regarded as NOTES. * ' ' Enemies." ,, enemies " within the meaning of Article 299, Art. 299 (a), and the time from which they will be regarded as " enemies/' see infra, paragraph 1 of the Annex to Section V., pp. 263-265. t Dissolution Among the contracts, which are dissolved by ^^conSactf '^ Article 299, are contracts of partnership between enemies. According to the laws of England partnerships between persons, who became enemies on the outbreak of the war, were dissolved by the war independently of the provisions of the Treaty {Hugh Stevenson and Sons v. Aktiengesellschaft fur Cartonnagen- Industrie [1917], 1 K.B., 842; [1918], A.C., 239). If a partnership business, which was carried on in England before the war by a British subject and a German, has been continued by the English partner after the dissolution of the partnership by the outbreak of the war, the enemy partner will, under the laws of England, be entitled to the value of his share of the partnership assets, and also to a share of the profits made by the English partner carrying on the business after the dissolution with the aid of the enemy's share of the capital {Hugh Stevenson and Sons v. Aktiengesellschaft, etc., uhi supra). But these sums will not be paid over by the English partner to the German partner, but to the Public Trustee, who will deal with the same in the manner provided by the Peace Treaty with Germany. 252 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clauses (r) and (d) of Article 299 of the Treaty with Germany are reproduced verbatim in clauses (c) and (rZ) of Article 251 of the Treaty with Austria, of Article 234 of the Treaty with Hungary, and of Article 180 of the Treaty with Bulgaria, subject to the following modifications : AUSTRIA (ART. 251). In clause (c) the words : (i.) "Article 252 " are substituted for the words "Article 300." (ii.) " Article 257 " are substituted for the words "Article 305." (iii.) " Nationals of the former Austrian Empire " are substituted for the words " German nationals." HUNGARY (ART. 234). In clause (r) the words : (i.) "Article 235" are substituted for the words "Article 300." (ii.) " Article 240" are substituted for the words " Article 305." (iii.) " Nationals of the former Kingdom of Hungary " are substituted for the words " German nationals." BULGARIA (ART. 180). In clause {c) the words : (i.) "Article 183" are substituted for the words "Article 300." (ii.) " Article 189 " are substituted for the words "Article 305." (iii.) "Bulgarian " is substituted for " German." TEXT OF TREATY WITH GERMANY 253 shall be empowered to grant to the prejudiced party equitable com- Art. 299. pensation. (c) Having regard to the provisions of the Constitution and law of ^'^"'^^'^^^209 the United States of America, of Brazil, and of Japan, neither the ^oes not apply, present Article, nor Article 300, nor the Annex hereto shall apply to contracts made between nationals of these States and German nationals ; nor shall Article 305 apply to the United States of America or its nationals. (d) The present Article and the Annex hereto shall not apply to gx^e^^g^^f^oj^ contracts * the parties to which became enemies by reason of one of ^n^ex'to"'^ them being an inhabitant of territory of which the sovereignty has ^^°- ^• been transferred, if such party shall acquire under the present Treaty Contracts The effect of the first part of clause (d) of NOTES, epted froir " " _ . . . . Article 299. excepted from ^r^ide 299 is open to some doubt. If Art. 299 (d). literally interpreted, clause (d) would mean that the provision in clause (a) dissolving contracts between enemies shall not apply to a contract between : (a) A national of an Allied or Associated Power, and (b) A person who (having become an enemy by reason of his being an inhabitant of territory which is ceded by this Treaty) acquires the nationality of one of the Allied or Associated Powers. Thus a contract between a British subject and an inhabitant of Alsace or Lorraine, who acquires the French nationality, will be treated as not having been dissolved by Article 299 (a). It is, however, not quite clear whether in such a case, according to the correct interpretation of Article 299(cZ), the contract should be treated as not having been dissolved by the outbreak of the war, and therefore as continuing to be in full force, as though the parties thereto never had been enemies, or whether, on the other hand, the contract should be treated as merely not having been dis- solved by Article 299 (a), but as being subject to the ordinary rules of international law affecting contracts between persons, who became enemies by reason of the outbreak of the war. On the whole, it is submitted, that the latter is the correct view, having regard to the wording of the Article, though the result is unsatisfactory owing to the uncertainty of the rules of international law in different countries as regards the effect of the outbreak of a war on contracts. Chapter V. of Part I. of this book contains a summary of the views taken by English judges and jurists on the effect of war on pre-war contracts between persons, who sub- sequently become enemies (see supra, pp. 78-79). 254 VARIANTS IX OTHER TREATIES AUSTRIA (ART. 251). Clause (d) of Article 299 of the Treaty with Germany, so far as it appears on the opposite page, is reproduced verbatim in clause (d) of Article 251 of the Treaty with Austria.* HUNGARY (ART. 234)- Clause (d) of Article 299 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verhatim in clause {d) of Article 234 of the Treaty with Hungary.* BULGARIA (ART. 180). Clause (d) of Article 299 of the Treaty with Germany, so far as the same appears on the opposite page, is reproduced verhatim in clause (d) of Article ] 80 of the Treaty with Bulgaria.* * As to the persons, who acquire the nationality of one of the Allied or Associated Powers under : (a) The Peace Treaty with Austria (see sufra, pp. 144-146). {})) The Peace Treaty with Bulgaria (see supra, p. 158). (c) The Peace Treaty with Hungary (see supra, pp. 152- TEXT OF TREATY WITH GERMANY 255 the nationality of an Allied or Associated Power,* nor shall they apply Art. 299. to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy. * Persons who The following persons will acquire the nation- NOTES. thrTreat^wiJ"!! ^^'^Y ^f an Allied or Associated Power under Art. 299 (d), Germany the the Treaty with Germany : ^Allied^ or^Asso- ^- French nationality will be acquired : dated Power. ^^^^ Automatically without a claim by — (i.) Persons who lost French nationality by the appli- cation of the Franco-German Treaty of May 10, 1871, and who have not since that date acquired any nationality other than German ; (ii,) The legitimate or natural descendants of the persons referred to in the immediately preceding para- graph with the exception of those whose descend- ants in the paternal line include a German who migrated into Alsace-Lorraine after July 15, 1870; (iii.) All persons born in Alsace-Lorraine of unknown parents, or whose nationality is unknown (§ 1 of Annex to Section Y. of Part III. of this Treaty). (b) Upon a claim to French nationality being made within one year from the coming into force of the Treaty by — (i.) Any person not restored to French nationality under paragraph 1 above, whose descendants include a Frenchman or Frenchwoman who lost French nationality under the conditions referred to in the said paragraph ; (ii.) Any foreigner, not being a national of a German State, who acquired the status of a citizen of Alsace Lorraine before August 3, 1914 ; (iii.) Any German domiciled in Alsace-Lorraine, if he has been so domiciled since a date previous to July 15, 1870, or if one of his ascendants was at that date domiciled in Alsace-Lorraine; (iv.) Any German born or domiciled in Alsace-Lorraine who has served in an Allied or Associated Army during the present war, and his descendants ; (v.) Any person born in Alsace-Lorraine before May 10, 1871, of foreign parents and the descendants of such person ; (vi.) The husband or wife of any person whose French nationality may have been restored under para- 256 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clause (e) of Article 299 and clauses (a) and (6) of Article 300 are reproduced verbatim in : Clause (e) of Article 251 1 r 4.1, m i. -^.i, a *. •-, ^ ' „ . . , ^.^ ^ot the Treaty with Austria, Clauses (a) and {h) of Article 2o2 J -^ Clause (e) of Article 234 1 £.1 m , ■.^ tj „ „ . . , „^^ -of the Treaty with Hungary, Clauses (a) and (6) of Article 235 J ^ ^ ^' Clause (e) of Article 180 1 £^.1 m , -^i, -o 1 ^ ^ ^^\oi the Treaty with Bulgaria, Clauses (a) and (h) of Article 1 83 J -^ ^ subject to the following modifications : AUSTRIA (ARTS. 251 AND 252). In clause {h) of Article 252 of the Treaty with Austria the words " territory of the former Austrian Empire " are substi- tuted for the words " German territory " in clause (h) of Article 300 of the Treaty with Germany. HUNGARY (ARTS. 234 AND 235)- In clause {b) of Article 235 of the Treaty with Hungary the words " territory of the former Kingdom of Hungary " are sub- stituted for the words "German territory^' in clause (6) of Article 300 of the Treaty with Germany, BULGARIA (ARTS. 180 AND 183). Additional After Article 180 in the Treaty with Bulgaria there are two Articles (181 and 182) containing provisions, which protect (a) the rights of private property in territory transferred by Bulgaria under this Treaty, and (b) the rights of Allied nationals in respect of concessions, guarantees of receipts, and rights of exploitation in Bulgaria. (For the full text of Articles 181 and 182, see supra, pp. 155-156.) In clause (b) of Article 183 of the Treaty with Bulgaria the word " Bulgarian " is substituted for the word " German.^' TEXT OF TREATY WITH GERMANY 257 (e) Nothing in the present Article or the Annex hereto shall be Art. 299. deemed to invalidate a transaction lawfully carried out in accordance JxemptedTrom with a contract between enemies if it has been carried out with the "^^*' '^^• authority of one of the belligerent Powers. Article 300. (a) All periods of prescription,* or limitation of right of action, Art. 300. whether they began to run before or after the outbreak of war, shall perioTorpre- be treated in the territory of the High Contracting Parties, so far as wS-^ ^°^ ^^^^ regards relations between enemies, as having been suspended for the duration of the war. They shall begin to run again at earliest three months after the coming into force of the present Treaty. This provi- sion shall apply to the period prescribed for the presentation of interest or dividend coupons or for the presentation for repayment of securities drawn for repayment or repayable on any other ground. (b) Where, on account of failure to perform any act or comply with h^^"c°aim of any formality during the war, f measures of execution X have been prejudged by* taken in German territory to the prejudice of a national of an Allied or ^ecution in . Germany. graph 1, or who may have claimed and obtained NOTES. French nationality in accordance with the previous Art. 299 (d). provisions (paragraph 2 of Annex to Section V. of Part III. of this Treaty). II. Belgian nationality will be acquired by German nationals habitually resident in the territories ceded to Belgium (Article 36). III. Czecho-Slovak nationality will be acquired by German nationals habitually resident in the territories ceded to the Czecho-Slovak State (Article 84). IV. Polish nationality will be acquired by German nationals habitually resident in territories re- cognised as forming part of Poland (Article 91). * Period of As regards Great Britain, the time fixed, at Art. 300. ^rearBiitaiiT "^^^^^h the period of prescription or limitation of right of action referred to in Article 300 (a) shall begin again to run, is six months after the coming into force of the Treaty with Germany — i.e., six months after January 10, 1920 (Clause 1 (xviii.) of the Treaty of Peace Order, 1919, see infra, pp. 310-311 ; see also p. 319, clause 1 (xxiv.) of the Treaty of Peace (Austria) Order, 1920). t "During the For the meaning of "during the war," see ^^^•" infra, Article 303, p. 263. X "Measure of "Measure of execution" would appear to execu ion. niean seizure for the purpose of enforcing rights, whether such seizure is or is not followed by a sale. "^17 258 VAKIANTS IN OTHER TREATIES AUSTRIA, HUNGARY. AND BULGARIA. Clauses (c) to (/) of Article 300 of the Treaty with Germany are reproduced verhatim in clauses (c) to (/) of : Article 252 of the Treaty with Austria, Article 235 of the Treaty with Hungary, and Article 183 of the Treaty with Bulgaria, subject to the following modifications : AUSTRIA (ART. 252). (i.) In clause (c) " Austrian Government " is substituted for " German Government." (ii.) In clause (e) the words " the authorities of the former Austrian Government " are substituted for " Germany." (iii.) In clause (/) the word "Austria" is substituted for " Germany." HUNGARY (ART. 235). (i.) In clause (c) " Hungarian Government " is substituted for " German Government." (ii.) In clause (e) the words " the authorities of the former Hungarian Government " are substituted for " Ger- many." (iii.) In clause (/) the word " Hungary " is substituted for " Germany." BULGARIA (ART. 183). The words " Bulgaria " and " Bulgarian " are respectively substituted for the words "Germany " and " German." TEXT OF TREATY WITH GERMANY 259 Associated Power, the claim of such national shall, if the matter does Art. 300 (b). not fall within the competence of the Courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tribunal provided for by Section VI. (c) Upon the application of any interested person who is a national of an Allied or Associated Power the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in paragraph {b), wherever, having regard to the particular circumstances of the case, such restoration is ' equitable and possible. If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be paid by the German Government. (d) Where a contract between enemies* has been dissolved by reason ^V?,®^ Arbitral ^ ' "^ Tribunal may either of failure on the part of either party to carry out its provisions ^herVcontract or of the exercise of a right stipulated in the contract itself the party ^ar.°^'®*^ ^^ prejudiced may apply to the Mixed Arbitral Tribunal for relief. The Tribunal will have the powers provided for in paragraph (c). Measures of execution in in- (e) The provisions of the preceding paragraphs of this Article shall apply to the nationals of Allied and Associated Powers who have been '''^'^^^ territory. prejudiced by reason of measures referred to above taken by Germany in invaded or occupied territory, if they have not been otherwise compensated. (/) Germany shall compensate any third party who may be pre- ^(f^enJate judiced by any restitution or restoration ordered by the Mixed Arbitral t'o re^t^ore'^^'^^'^ Tribunal under the provisions of the preceding paragraphs of this P''°P^*'*y- Article. If the "measure of execution" taken under clause (&) NOTES, was a sale, whether to a German national or to a neutral, the Mixed Arbitral Tribunal can order the restoration of the property so sold, and the " person prejudiced " will be entitled to receive compensation from the German Government under clause (/) of Article 300. ■^ For the meaning of " enemies," see infra, § 1 of Annex to Section V., pp. 78-81 and 263-265. 260 VARIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Clause ig) of Article 300 and Articles 301 and 302 of the Treaty with Germany are reproduced verbatim in : Articles 252, 253, and 254 of the Treaty with Austria, Articles 235, 236, and 237 of the Treaty with Hungary, and Articles 183, 184, and 185 of the Treaty with Bulgaria, subject to the following modifications : AUSTRIA (ARTS. 252, 253, AND 254). (i.) The word "Austria" is substituted for "Germany." (ii.) In the second paragraph of Article 254 of the Treaty with Austria the words : "If a judgment or measure of execution in respect of " any dispute which may have arisen has been given during "the war by a judicial authority of the former Austrian " Empire [or of the former Kingdom of Hungary or by a " Bulgarian judicial authority] against a national of an " Allied or Associated Power, or a company or association " in which one of such nationals was interested, in a case in " which either such national or such company was not able " to make their defence " are stibstihded for the words "'If a judgment . . . make his defence " in the second paragraph of Article 302 of the Treaty with Germany. HUNGARY (ARTS. 235, 236, AND 237). (i.) The word "Hungary" is substituted for "Germany." (ii.) The second paragraph of Article 302 of the Treaty with Germany is modified by Article 237 of the Treaty- with Hungary in the same manner as by Article 254 of the Treaty with Austria. (See supra [ii.].) BULGARIA (ARTS. 183, 184, AND 185). (i.) The word " Bulgaria" is substituted for " Germany." (ii.) The second paragraph of Article 302 of the Treaty with Germany is modified by Article 185 of the Treaty with Bulgaria in the same manner as by Article 254 of the Treaty with Austria. (See supra [ii.]). TEXT OF TREATY WITH GERMANY 261 (g) As regards negotiable instruments, the period of three months Art. 300. provided under paragraph {a) shall commence as from the date on period of pre- which any exceptional regulations applied in the territories of the negotiable in- . 1 n i struments. interested Power with regard to negotiable instruments shall have definitely ceased to have force. Article 301. As between enemies no negotiable instrument made before the war Art- 301. shall be deemed to have become invalid by reason only of failure within instruments not invalidated the required time to present the instrument for acceptance or payment as between " enemies by non- or to give notice of non-acceptance or non-payment to drawers or compUancewith ° ^ '■ '' formalities. indorsers or to protest the instrument, nor by reason of failure to complete any formality during the war. 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 indorser, or within which the instrument should have been protested, has elapsed during the war, and the party v/ho should ihave 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 present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made. Article 302. Judgments given by the Courts of an Allied or Associated Power in Art. 302. all cases which, under the present Treaty, they are competent to decide, recognise judg- shall be recognised in Germany as final, and shall be enforced without of Aiued it being necessary to have them declared executory. If a judgment in respect of any dispute which may have arisen has Allied subject ■' ° ^ J sr J prejudiced by been given during the war by a German Court against a national of Ij^g'^S^^'co^^-t an Allied or Associated State in a case in which he was not able to "^^^ recover compensation . make his defence, the Allied and Associated national who has suffered * Period allowed The period to be allowed in Great Britain, NOTES. for%?s*entatiin within which presentation of negotiable in- ^^^- ^oi- of negotiable struments for acceptance or payments and instnunents. notice of non-acceptance or non-payment or protest may be made under Article 301, is ten months after the coming into force of the Treaty (Clause 1 (xviii.) of the Treaty of Peace Order, 1919, see infra, pp. 310-311; see also p. 319, clause 1 (xxiv.) of the Treaty of Peace (Austria) Order, 1920, and clause 1 (xvii.) of the Treaty of Peace (Bulgaria) Order, 1920). 262 VAEIANTS IN OTHER TREATIES AUSTRIA, HUNGARY, AND BULGARIA. Articles 302 and 303 and clause 1 of the Annex to Section V. of the Treaty with Germany are reproduced verbatim in : (a) Articles 254 and 255 and clause 1 of the Annex to Section V. of the Treaty with Austria ; (6) Articles 237 and 238 and clause 1 of the Annex to Section V. of the Treaty with Hungary ; (c) Articles 185 and 187 and clause 1 of the Annex to Section V. of the Treaty with Bulgaria, subject to the following modifications : AUSTRIA (ARTS. 254 AND 255). In Articles 254 and 255 of the Treaty with Austria the words : (i.) " Austrian Court " are substituted for " German Court." (ii.) " The former Austro-Hungarian Monarchy " are sub- stituted for " Germany." In the Annex the words "Articles 251,252, and 253" are substituted for "Articles 299, 300, and 301." HUNGARY (ARTS. 237 AND 238). In Articles 237 and 238 of the Treaty with Hungary the words : (i.) " Hungarian Court " are substituted for " German Court." (ii.) "The former Austro-Hungarian Monarchy" are sub- stituted for " Germany." In the Annex the words "Articles 234, 235, and 236" are substituted for "Articles 299, 300, and 301." BULGARIA (ARTS. 185 AND 187). In Articles 185 and 187 of the Treaty with Bulgaria the words "Bulgarian" and "Bulgaria" are respectively substituted for the words " German " and " Germany." Additional Article 186 of the Treaty with Bulgaria (see swpra, p. 156, Article. ^^^ ^^^^^ ^^^^^ provides for the transfer to a Bulgarian Company of property in Bulgaria belonging to a non-Bulgarian Company. In the Annex to Section Y. the words "Articles 180, 183, and 184" are substituted for "Articles 299, 300, and 301." TURKEY (ANNEX TO SEC. V.) Clause 1 of the Annex to Section V. of the Treaty with Germany is reproduced verbatim in clause 1 of the Annex to Section V. of the Treaty with Turkey, subject to the substitution of the words " Articles 304 to 306 " for the words " Articles 299, 300, and 301." TEXT OF TREATY WITH GERMANY 263 prejudice thereby shall be entitled to recover compensation, to be fixed Art. 302. by the Mixed Arbitral Tribunal provided for in Section VI.* At the instance of the national of the Allied or Associated Power the compensation above mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the German Court. The above compensation may likewise be obtained before the Mixed Arbitral Tribunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated. Article 303. For the purpose of Sections III., IV., V., and VII., the expression Art. 303. " during the war " means for each Allied or Associated Power the period ?fdurin| tL between the commencement of the state of war between that Power and ^^"^^ Germany and the coming into force of the present Treaty. ANNEX. 1. General Provisions. 1. Within the meaning of Articles 299, 300, and 301, the parties to ^gt^^f"^^ a contract shall be regarded as enemies when trading between them gardedas o & "enemies. shall have been prohibited by or otherwise became unlawful under laws, * Compensation The second paragraph of Article 302 pro- NOTES AlUed^nation^/l ^i^^^s that a national of an Allied or Asso- Art. 302. for judgment of ciated Power shall be entitled to recover German Court, compensation, if judgment has been given against him by a German Court during the war, in a case in which he has not been able to make his defence, but does not expressly state, /rom whom such com- pensation is recoverable. Having regard to the fact, (a) that this Article empowers the Mixed Arbitral Tribunal to effect the compensation by replacing the parties in the situ- ation, which they occupied before the judgment, and (6) that the German Government is not in express terms made liable to pay the compensation (whereas the German Govern- ment is expressly made liable by Article 300 [c] to pay compensation for damage caused by measures of execution, where restitution of property is inequitable), it is submitted, that the compensation referred to in Article 302 is recover- able from the person, in whose favour the German Court gave judgment, and not from the German Government; the point is, however, open to considerable doubt. In Article 307 of the Treaty with Turkey (see supra, pp. 177-178), which is very similar to Article 302 of the Treaty with Germany, the compensation is made payable by the Turkish Government. 264 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC V.). The part of clause 1 of the Annex to Section V. in the Treaty with Germany appearing on the opposite page is repeated verhatim in clause 1 of the Annex to Section V. of the Treaty with Austria. HUNGARY (ANNEX TO SEC V.). The part of clause 1 of the Annex to Section V. in the Treaty with Germany appearing on the opposite page is repeated verhatim in clause 1 of the Annex to Section V. of the Treaty with Hungary. BULGARIA (ANNEX TO SEC V.). The part of clause 1 of the Annex to Section V. in the Treaty with Germany appearing on the opposite page is repeated verhatim in clause 1 of the Annex to Section V. of the Treaty with Bulgaria. TURKEY (ANNEX TO SEC V.). The part of clause 1 of the Annex to Section V. in the Treaty with Germany appearing on the opposite page is repeated verhatim in clause 1 of the Annex to Section V. of the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 265 orders, or regulations to which one of those parties was subject. They Annex to shall be deemed to have become enemies* from the date when such trading was prohibited or otherwise became unlawful. * How trading For the purpose of deciding whether the NOTES. ^**T.t!^f ??^!f^ parties to a contract are " enemies/' the resi- LV/Zv''*'' subjects and Kl » , . /i . . j.i ''O Sec. V. Germans has dence or place oi business (but not the been prohibited, nationality) of such parties is treated by the English Courts as the determining factor. By the common law it became unlawful for persons residing or trading in Great Britain to trade with persons residing or trading in Germany [or Austria, Hungary, or Bulgaria] (whatever their nationality) immediately on the outbreak of the war with Germany [or Austria, Hungary, or Bulgaria] respectively {Esposito v. Bowden, 7 E. and B., 781 ; Janson V. Driefontein Consolidated Mines, Ltd. [1902], A.C., 484, 494, 509 ; Ertel Bieher and Co. v. Rio Tinto Co. [1918], A.C., 260, 289; Porter v. Freudenherg [1915], 1 K.B., 857, 868-9; see also Daimler Co. v. Continental Tyre Co. [1916], 2 A.C., 307-356). Such trading has also been expressly pro- hibited by Statute, viz., by Section 1 of the Trading with the Enemy Act, 1914 (4 and 5 Geo. V., cap. 87). It should further be stated that Clause 3 of the Trading with the Enemy Proclamation No. 2 of September 9, 1914 (which prohibits trading with the enemy) defines enemy as " any person or body of persons of whatsoever nationality resident or carrying on business in an enemy country, but does not include persons of enemy nationality, who are neither resident nor carrying on business in the enemy country." The joint effect of Article 299 of the Treaty with Germany [or Article 251 of the Treaty with Austria, or Article 254 of the Treaty with Hungary, or Article 180 of the Treaty with Bulgaria] and the Common Law and Statute Law of England is, that contracts between persons residing or trading in Great Britain, on the one hand, and persons re- siding or trading in Germany [Austria, Hungary, or Bulgaria], on the other hand, were unlawful under the laws, orders, and regulations, to which persons residing or trading in Great Britain were subject, and are consequently (subject to the exceptions and restrictions specified in the above- mentioned Articles and the Annexes thereto) to be treated as having been dissolved as from the time, when any two of the parties to the contract become enemies ; but any debt or other pecuniary obligation arising under any such con- tract, before such parties became enemies, is unaffected by the dissolution of the contract, and will accordingly be treated like any other subsisting debt. When the person, to whom such debt is due, is a national and inhabitant of a country, which has adopted Section III. of the Treaties, the debt must be recovered through the Clearing Office. 266 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC V.). Clauses 2, 3, and 4 of the Annex to Section V. of the Treaty with Germany appearing on the opposite page are repeated verbatim in clauses 2, 3, and 4 of the Annex to Section V. of the Treaty Avith Austria, subject to the following modifications (namely) : "Article 251 " is substituted for " Article 299 " and "Article 249 "for "Article 297." HUNGARY (ANNEX TO SEC. V.). Clauses 2, 3, and 4 of the Annex to Section V. of the Treaty with (xermany appearing on the opposite page are reproduced verbatim in clauses 2, 3, and 4 of the Annex to Section V. of the Treaty with Hungary, subject to the following modifications (namely): "Article 234'' is substituted for " Article 299 " and "Article 232" for "Article 297." BULGARIA (ANNEX TO SEC V.). Clauses 2, 3, and 4 of the Annex to Section V. of the Treaty with Cermany appearing on the opposite page are repeated verbatim in clauses 2, 3, and 4 of the Annex to Section V. of the Treaty with Bulgaria, subject to the following modifications (namely) : (i.) " Article 180 " is substituted for " Article 299 " and " Article 177 " for " Article 297." (ii.) At the end of sub-clause (e) of clause 2 the following words are added : " Including contracts and concessions concluded or accorded hy the Turhish Government in the territories ceded by the TurMsh Empire to Bulgaria before the coming into force of the present Treaty." TURKEY (ANNEX TO SEC V.). Clauses 2 and 4 of the Annex to Section Y. of the Treaty with Germany, so far as they appear on the opposite page, are repeated verbatim in clauses 2 and 3 of the Annex to Section Y. of the Treaty with Turkey, subject to the following modifications : (i.) In clause 2 the words "are excepted from dissolution " by Article 299 and without prejudice to the rights " contained in Article 297 {b) of Section lY." are omitted. (ii.) J Paragraph {d) of clause 2 is omitted and the following paragraph is added at the end of clause 2 of the Treaty with Turkey : " Wlien the execution of the contracts thus kept alive " would, oiving to the alteration of economic conditions, " cause one of the parties substantial prejudice, the " Arbitral Commission provided for in Article 287 shall " be empowered, on the request of the prejudiced party, to "grant him equitable compensation by ivay of reparation." Clause 3 of the Treaty with Germany is omitted from the Annex in the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 267 2. The followinsc classes of contracts are excepted from dissolution by Annex to 1 -1 • 1 • A • 1 Sec. V. Article 299 and, without prejudice to the rights contained in Article contracts which 297 (b) of Section IV., remain in force subject to the application of from A^rt! 299. domestic laws, orders, or regulations made during the war by the Allied and Associated Powers and subject to the terms of the contracts : — (a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies ; (5) Leases* and agreements for leases of land and houses ; (c) Contracts of mortgage, pledge, or lien ; (d) Concessions f concerning mines, quarries, or deposits ; (e) Contracts between individuals or companies and States, provinces, municipalities, or other similar juridical persons charged with administrative functions and concessions! granted by States, provinces, municipalities, or other similar juridical persons charged with administrative functions. 3. If the provisions of a contract are in part dissolved under Article ^e pl^iy dfs^ 299, the remaining provisions of that contract shall, subject to the same ^t.'^m'^*^^'^ application of domestic laws as is provided for in paragraph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety. 11. Provisions relating to Certain Classes of Contracts. Stock Exchange arid Commercial Exchange Contracts. 4. (a) Rules made during the war by any recognised Exchange or confirmation of Commercial Association providing for the closure of contracts entered changes as to ^ <-> ^ _ closure of con- into before the war by an enemy are confirmed by the High Contracting tracts. Parties, as also any action taken thereunder, provided — (i.) That the contract was expressed to be made subject to the rules of the Exchange or Association in question. ^ The Court of Appeal has held in Halsey v. NOTES. Leases. Lij^^.enfeld, L.R. [1916], 2 K.B., 707, that, by the § 2 of Annex law of England, a lease of land in England to a person, ®°' who subsequently became an enemy, is not dissolved by a war, and that he may be sued for the rent, which accrued due during the war under such lease. . ,,- . „ "Concession " is defined by the New English Dictionary as " a grant of land or other property made by a Government or other ruling power." 268 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC. V.). Clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Germany appearing on the opposite page are repeated verbatim in clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Austria. HUNGARY (ANNEX TO SEC. V.). Clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Germany appearing on the opposite page are repeated verbatim in clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Hungary. BULGARIA (ANNEX TO SEC. V.). Clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Germany appearing on the opposite page are repeated verbatim in clauses 4, 5, and 6 of the Annex to Section V. of the Treaty with Bulgaria except as regards sub-clause (c) of clause 4, which is omitted from the Treaty with Bulgaria. TURKEY (ANNEX TO SEC. V.). Clauses 4 and 5 of the Annex to Section V. of the Treaty with Germany appearing on the opposite page are repeated verhatim in clauses 3 and 4 of the Annex to Section V. of the Treaty with Turkey, subject to the following modifications : (i.) Paragraph (6) of clause 4 on the opposite page is omitted from the Annex of the Treaty with Turkey ; (ii.) The second paragraph of clause 5 on the opposite page is omitted from the Annex of the Treaty with Turkey. Clause 6 of the Annex on the opposite page is omitted from the Annex to Section V. of the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 269 (ii.) That the rules applied to all persons concerned. Annex to (iii.) That the conditions attaching to the closure were fair and reasonable. (6) The preceding paragraph shall not apply to rules made during the occupation by Exchanges or Commercial Associations in the districts occupied by the enemy. (c) The closure of contracts "-== relating to cotton " futures," which were closed as on July 31, 1914, under the decision of the Liverpool Cotton Association, is also confirmed. Semrikj. 5. The sale of a security held for an unpaid debt owing by an enemy ^°Zi47^l^^. shall be deemed to have been valid irrespective of notice to the owner Paifd"^^^* "^ if the creditor acted in good faith and with reasonable care and prudence, and no claim by the debtor on the ground of such sale shall be admitted. This stipulation shall not apply to any sale of securities eflected by an enemy during the occupation in regions invaded or occupied by the enemy. Negotiable Instruments. 6. As regards Powers which adopt Section III. and the Annex gotl^^icL'^^ru- thereto the pecuniary obligations existing between enemies and ^emiesto be resulting from the issue of negotiable instruments shall be adjusted clearing office ■, 11- .. 1 -^ r ^i- w^en Sec. III. in conformity with the said Annex by the instrumentality ot the adopted. * Closure of In order to give the force of law in Great NOTES, contracts under Britain to the provisions contained in para- § * ^^ ^^^^^^ Rules of Com- i a i- ^i ^ a t i 7 • \ *" ^^^- "• mercial Ex- graph 4 ot the above Annex^ clause 1 (xix.) changes con- of the Treaty of Peace Order, 1919, provides firmed by Order ^^lat the Rules made during the war by in Council. . - o ^ . -^ any recognised Jlixchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy, and any action taken thereunder are by the Order confirmed, subject to the pro- visoes contained in paragraph 4 of the above Annex (see mfra, p. 311; see also clause 1 (xxv.) of the Treaty of Peace (Austria) Order, 1920, and clause 1 (xviii.) of the Treaty of Peace (Bulgaria) Order, 1920). The Tribunal, which is competent to deal with a contract, which has been closed pursuant to the rules of a recognised Exchange or Commercial Association, will have jurisdiction in each case to determine whether or not the rule, under which a particular closure took place, was " fair and reason- able," and whether the Association, which made the rule, was a " recognised " Association — that is to say, recognised by the public or by the authorities. 270 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC. V.). Clauses 1, 8, and 9 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 7, 8, and 9 of the Annex to Section V. of the Treaty with Austria. HUNGARY (ANNEX TO SEC. V.). Clauses 7, 8, and 9 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 7, 8, and 9 of the Treaty with Hungary. BULGARIA (ANNEX TO SEC. V.). Clauses 7, 8, and 9 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 7, 8, and 9 of the Annex to Section V. of the Treaty with Bulgaria. TURKEY (ANNEX TO SEC. V.). Clauses 7 and 9 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 5 and 7 of the Annex to Section V. of the Treaty with Turkey. Clause 8 on the opposite page is omitted and the following clause is substituted for the same : 6. " TJie provisions of the following paragraphs shall apply " only to insurance and re-insurance contracts between Turkish ''nationals and nationals of the Allied Powers in the case in ''which trading with Turkey has been prohibited. These pro- " visions shall not apply to contracts between Turkish nationals " and companies or individuals, even if nationals of Allied Powers, " established in territory detached from Turkey under the present " Treaty. " In cases in ivhich the following paragraphs do not apply, " contracts of insurance and re-insurance shall be subject to the "provisions of Article 304." TEXT OF TREATY AVITH GERMANY 271 Clearing Offices, which shall assume the rights of the holder as regards Annex to . Sec. V. the various remedies open to him. 7. If a person has either before or during the war become liable ^^^*°^*°f "^ upon a negotiable instrument in accordance with an undertaking given ment'reiLTuiT" to him by a person who has subsequently become an enemy, the latter ^l becom^^ shall remain liable to indemnify the former in respect of his liability ^'^^^^^ notwithstanding the outbreak of war. III. Contracts of Insurance. 8. Contracts of insurance entered into by any person with another person who subsequently became an enemy will be dealt with in accordance with the following paragraphs : — Fire Insurance. 9. Contracts for the insurance of property against fire * entered into Contracts for i r J o fire insurance by a person interested in such property with another person who sub- ^y*^j^^°^'^ sequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an enemy, or on account of the failure during the war and for a period of three months thereafter to perform his obligations under the contract, but * Fire The effect of paragraph 9 of the Annex is to NOTES. insurance, provide that pre-war contracts of fire insur- § 9 of Annex ance between enemies shall not be dissolved by the out- ^° break of the war, but be suspended until the expiration of a period of three months after the end of the war, during which period the insured may revive the suspended contract by performing his obligations under the contract, but, if the insured does not pay on the due day the first premium, which accrues due on the policy after the expiration of that period, the contract is forthwith automatically dissolved. If the insured complies with the requirements of para- graph 9, a settlement of the arrears of premiums and the amount of the loss (if any) will be effected. Though it is not expressly so stated, it would appear that the settlement of these amounts will be made through the Clearing Offices, if Clearing Offices have been established between the countries of the parties to the insurance contract. The provisions of paragraph 9 of the Annex do not apply to a contract of fire insurance, if one of the parties thereto, having become an enemy by reason of his being an in- habitant of enemy territory, of which the sovereignty is transferred under this Treaty, acquires the nationality of an Allied or Associated Power under this Treaty (see 299 [d]). 272 VAEIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC V.). Clauses 10 and 11 of tlie Annex to Section V. of the Treaty with Grermany on the opposite page are repeated verbatim in clauses 10 and 11 of the Annex to Section V. of the Treaty with Austria. HUNGARY (ANNEX TO SEC V.)- Clauses 10 and 11 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 1 and 1 1 of the Annex to Section V. of the Treaty with Hungary. BULGARIA (ANNEX TO SEC V.)- Clauses 10 and 11 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in the Annex to Section Y. of the Treaty with Bulgaria, but in the Treaty with Bulgaria the last three paragraphs of clause 1 1 on the opposite page are numbered 12. TURKEY (ANNEX TO SEC V.). Clauses 10 and 11 of the Annex to Section V. of the Treaty with Germany, so far as they appear on the opposite page, are reproduced verbatim in clauses 8 and 9 of the Annex to Section V. of the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 273 they shall be dissolved at the date when the animal premium becomes Annex to payable for the first time after the expiration of a period of three months after the coming into force of the present Treaty. A settlement shall be effected of unpaid premiums which became due during the war, or of claims for losses which occurred during the war. 10. Where by administrative or legislative action an insurance Transfer of fire against fire effected before the war has been transferred during du^i^g.^ar by the war from the original to another insurer, the transfer will be ^<=tion. recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear that these terms were not equitable they shall be amended so far as may be necessary to render them equitable. Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to re-transfer the contract to the original insurer as from the date of the demand. lAfe Insurance. 11. Contracts of life insvirance ^'- entered into between an insurer Life insurance v^w V contract not dis- and a person who subsequently became an enemy shall not be deemed solved by war. to have been dissolved by the outbreak^of war, or by the fact of the person becoming an enemy. Any sum which during the war became due upon a contract sums recover- deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at five per cent, per annum from the date of its becoming due up to the day of payment. insurance. Life The provisions of paragraphs 11 to 15 do not NOTES. apply to a contract of life insurance, one o^ t^'^ge"/ ^^^^ the parties to which was an inhabitant of enemy territory, of which the sovereignty is transferred, under this Treaty, and has acquired the nationality of one of the Allied or Associated Powers under this Treaty (see Article 299 [c^]). It may here be stated, that by the lav^ of England a con- tract of life insurance between parties, one of whom becomes an enemy, is not dissolved, but is merely suspended till the end of the war, and that there is no objection to a surety or any other person paying the premiums payable in respect thereof during the war {Seligman v. Eagle Insurance Co., L.R. \mi\ 1 Ch., 519). 18 274 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC. V.). Clause 12 of the Annex to Section Y. of the Treaty with Germany is omitted from the Annex to Section Y. of the Treaty •with Austria. Clauses 11, 13, and 14 on the opposite page are repeated verhatim in clauses 11, 12, and 13 of the Annex to Section Y. of the Treaty with Austria. HUNGARY (ANNEX TO SEC V.)- Clause 12 of the Annex to Section Y. of the Treaty with Germany is omitted from the Annex to Section Y. of the Treaty with Hungary. Clauses 11, 13, and 14 on the opposite page are repeated verhatim in clauses 11, 12, and 13 of the Annex to Section Y. of the Treaty Avith Hungary. BULGARIA (ANNEX TO SEC. V.). Clause 12 of the Annex to Section Y. of the Treaty with Germany is omitted from the Annex to Section Y. of the Treaty with Bulgaria. Clauses 11, 13, and 14 on the opposite page are repeated verhatim in clauses 12, 13, and 14 of the Annex to Section Y. of the Treaty with Bulgaria. TURKEY (ANNEX TO SEC. V.). Clauses 11, 13, and 14 of the Annex to Section Y. of the Treaty with Germany are repeated verhatim in clauses 9, 10, and 11 of the Annex to Section Y. of the Treaty with Turkey, subject to the following modification : The second paragraph of clause 11 on the opposite page is omitted from the Treaty with Turkey. Clause 12 of the Annex on the opposite page is omitted from the Annex to Section Y. of the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 275 Where the contract has lapsed during the war owing to non-pay- Annex to ment of premiums, or has become void from breach of the conditions (.^.^^^^ ^y as- of the contract, the assured or his representatives or the persons onapsTd ufr*^ entitled shall have the right at any time within twelve months of the ^° ^°^' coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance. Where the contract has lapsed during the war owing to non-pay- ^ff pjucy!'' °* ment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on pay- ment of the premiums with interest at five per cent, per annum within three months from the coming into force of the present Treaty. 12. Any Allied or Associated Power may within three months of ^^^'1^^°^^^'' the coming into force of the present Treaty cancel all the contracts of P^anlnfuSfnce insurance running between a German insurance company and its o? AUted °" nationals under conditions which shall protect its nationals from any prejudice. To this end the German insurance company will hand over to the Allied or Associated Government concerned the proportion of its assets attributable to the policies so cancelled and will be relieved from all liability in respect of such policies. The assets to be handed over shall be determined by an actuary appointed by the Mixed Arbitral Tribunal. 13. Where contracts of life insurance have been entered into by a ^ji^^^^g^f ^^, lo^j^, local branch of an insurance company established in a country which ^^^Mce^com- subsequently became an enemy country, the contract shall, in the Pc^ifpfed^by*"'^^ absence of any stipulation to the contrary in the contract itself, be enemy. governed by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into. 14. In any case where by the law applicable to the contract the ^^^f^^^^^' insurer remains bound by the contract, notwithstanding the non-pay- ^terestX"^ ment of premiums, until notice is given to the insured of the termina- i',';i^Vi'relpeJt tion of the contract, he shall be entitled, where the giving of such notice °^ ^'^^ ^°^"'^ was prevented by the war, to recover the unpaid premiums with interest at five per cent, per annum from the insured. 276 VARIANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC V.). Clauses 15 to 19 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verhatim in clauses 14 to 18 in the Annex to Section Y. of the Treaty with Austria, subject to the following modifications : (i.) In clause 14 of the Annex in the Treaty with Austria " 11 to 13 " is substituted for " 11 to 14 " in clause 15 on the opposite page, (ii.) In clause 18 of the Annex in the Treaty with Austria '^9 to 17" is substituted for "9 to 18 " in clause 19 on the ojoposite page. HUNGARY (ANNEX TO SEC V.). Clauses 15 to 19 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verhatim in clauses 14 to 18 of the Annex to Section V. of the Treaty with Hungary, subject to the following modifications : (i.) In clause 14 of the Annex in the Treaty with Hungary " 11 to 13 " is substituted for " 11 to 14 " in clause 15 on the opposite page, (ii.) In clause 18 of the Annex in the Treaty with Hungary " 9 to 17 " is substituted for " 9 to 18 " in clause 19 on the opposite page. BULGARIA (ANNEX TO SEC V.). Clauses 15 to 19 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 15 to 19 of the Annex to Section V. of the Treaty with Bulgaria. TURKEY (ANNEX TO SEC. V.). Clauses 15 to 19 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verhatim in clauses 12 to 16 of the Annex to Section V. of the Treaty with Turkey, subject to the following modifications : (i.) In clause 12 of the Annex in the Treaty with Turkey "9 to 11" is substituted for "11 to 14" in clause 15 on the opposite page, (ii.) In clause 16 of the Annex in tlie Treaty with Turkey "7 to 15" is substituted for "9 to 18" in clause 19 on the op]iosite page. TEXT OF TREATY AVITH GERMANY 277 15. Insurance contracts shall be considered as contracts of life gj^^^y ° assurance for the purpose of paragraphs 11 to 14 when they depend Meaning o^f^^ on the probabilities of human life combined with the rate of interest ufe assurance." for the calculation of the reciprocal engagements between the two parties. Marine Insurance. 16. Contracts of marine insurance including time policies and ?°urInce%Xy voyage policies entered into between an insurer and a person who '4^'^^.'^*'°^''®'* ^^ subsequently became an enemy, shall be deemed to have been dissolved on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he became an enemy. Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer. Where the risk had attached, effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty. In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of marine insurance run from the expiration of a period of one year from the date of the loss. 17. No contract of marine insurance with an insured person who belligerent subsequently became an enemy shall be deemed to cover losses due to ^"^ '°"" belligerent action by the Power of which the insurer was a national or by the allies or associates of such Power. 18. Where it is shown that a person who had before the war ^^w^^ontract of entered into a contract of marine insurance with an insurer who subse- tuteTfor ^'^^*^ quently became an enemy entered after the outbreak of war into a new afteJ-'^outtoeak contract covering the same risk with an insurer who was not an enemy, ° the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into. Other Insurances. 19. Contracts of insurance entered into before the war between an p^g^VanS other insurer and a person who subsequently became an enemy, other than ^^rine^ins^Jil contracts dealt with in paragraphs 9 to 18, shall be treated in all *"°®- 278 YAIilANTS IN OTHER TREATIES AUSTRIA (ANNEX TO SEC V.)- Clauses 20 to 23 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verbatim in clauses 19 to 22 of the Annex to Section Y. of the Treaty Avith Austria^ subject to the following modifications : (i.) In clause 19 of the Annex in the Treaty with Austria " 11 to 17 " is substituted for " 11 to 18 " in clause 20 on the opposite page. (ii.) The second paragraph of clause 22 on the opposite page is omitted from the Annex in the Treaty with Austria. HUNGARY (ANNEX TO SEC V.)- Clauses 20 to 23 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verhatim in clauses 19 to 22 of the Annex to Section V.^of the Treaty with Hungary^ subject to the following modifications : (i.) In clause 19 of the Annex in the Treaty with Hungary " 11 to 17 " is substituted for " 11 to IS " in clause 20 on the opposite page. (ii.) The second paragraph of clause 22 on the opposite page is omitted from the Annex in the Treaty with Hungary. BULGARIA (ANNEX TO SEC V.}. Clauses 20 to 23 of the Annex to Section V. of the Treaty with Germany on the opposite page are repeated verhatim in clauses 20 to 23 of the Annex to Section V. of the Treaty mth Bulgaria, except as regards the second paragraph of clause 22 on the opposite page, which paragraph is omitted from the Annex in the Treaty with Bulgaria. TURKEY (ANNEX TO SEC. V.). Clauses 20 to 23 of the Annex to Section V. of the Ti-eaty with Germany on the opposite page are repeated verhatim in clauses 17 to 20 of the Annex to Section V. of the Treaty with Turkey, subject to the following modifications : (i.) In clause 17 of the Annex in the Treaty with Turkey '' 9 to 15 " is substituted for '' 11 to 18 " in clause 20 on the opposite page, (ii.) The second paragraph of clause 22 on the opposite page is omitted from the Annex to the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 279 respects on the same footing as contracts of fire insurance between the Annex to same persons would be dealt with under the said paragraphs. Sec. V. Reinsurance. 20. All treaties of reinsurance with a person who became an enemy General treaties ^ of reinsurance. shall be regarded as having been abrogated by the person becoming an enemy,* but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sums due in respect of such risks. Nevertheless if, owing to invasion, it has been impossible for the reinsured to find another reinsurer, the treaty shall remain in force until three months after the coming into force of the present Treaty. Where a reinsurance treaty l^ecomes void under this paragraph, there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risk which had attached before the war. In the case of risks other than those mentioned in paragraphs 11 to 18 the adjustment of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date. 21. The provisions of the preceding paragraph will extend equally to reinsurances existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than life or marine risks, 22. Reinsurance of life risks eflfected by particular contracts and l^^^^H^^"^' not under any general treaty remain in force. ilfrrisks? °^ The provisions of paragraph 12 apply to treaties of reinsurance of life insurance contracts in which enemy companies are the reinsurers. 23. In case of a reinsurance eflfected before the war of a contract of ^^^/^f^^^^.^'^f marine insurance, the cession of a risk which had been ceded to the "^lH^f^^^^^. reinsurer shall, if it had attached before the outbreak of war, ^^''^' remain valid and eflFect be given to the contract notwithstanding the outbreak of war ; sums due under the contract or reinsurance in respect either of premiums or of losses shall be recoverable after the war. * "Abrogated The words " abrogated by the person becoming NOTES, by the person ^^ enemy" (which are represented in the §20 of ^°e^ '"e°nry^" French version of the Treaty by the words '"^ S^'^' ^• " ahroges par le fait que cette personne est devenue ennemie ") mean abrogated by reason of such person becoming an enemy. 280 VARIANTS IX OTHER TREATIES ^ AUSTRIA AND HUNGARY. Clause 24 of the Annex to Section Y. of the Treaty with Germany on the opposite page is repeated verbatim in clause 23 of the Annex to Section V, of the Treaties with Austria and Hungary, subject to the following amendment (namely) : the Avords "16 and 17 and the last part of paragraph 15 ^' are sub- stituted for the words ''17 and 18 and the last part of para- graph 16 " on the opposite page. AUSTRIA (ART. 256). Clauses (a) and {h) of Article 304 of the Treaty with Germany on the opposite page are repeated verhatim in clauses (a) and (&) of Article 256 of the Treaty with Austria, subject to the follow- ing modifications : (i.) "Austria" and " Austrians '^ are respectively substituted for " Germany " and " Germans." (ii.) The words "as provided above" are inserted after the words " to appoint " in clause (a). HUNGARY (ART. 239). Clauses (a) and (h) of Article 304 of the Treaty with Germany on the opposite page are repeated verhatim in clauses (a) and (6) of Article 239 of the Treaty with Hungar}*, subject to the fol- lowing modifications : (i.) " Hungary " and " Hungarians " are respectively substi- tuted for " Germany " and " Germans." (ii.) The words "as provided above" are inserted after the words " to appoint " in clause (o) . BULGARIA (ART. 188). Clause 24 of the Annex to Section V. of the Treaty with Germany is repeated verbatim in clause 24 of the Annex to Section V. of the Treaty with Bulgaria. Clauses (o) and (h) of Article 304 of the Treaty Avith Germany on the opposite page are repeated verbatim in clauses (a) and (h) in Article 188 of the Treaty with Bulgaria, subject to the fol- lowing modifications : (i.) " Bulgaria " and " Bulgarians " are respectively substi- tuted for " Germany " and " Germans." (ii.) The words "as provided above" are inserted after the words "to appoint" in clause (a). TEXT OF TEEATY WITH GERMANY 281 24. The provisions of paragraphs 17 and 18 and the last part of g^®y*° paragraph 16 shall apply to contracts for the reinsurance of marine risks. SECTION VL— MIXED ARBITRAL TRIBUNAL. Article 304. (a) Within three months from the date of the coming into force of Art. 304. -, . , . 1 rn ■^ iini iTii Establishment the present Treaty, a Mixed Arbitral iribiinal shall be established and coustitu- *• 1 1 T *^°'^ °^ Mixed between each of the Allied and Associated Powers on the one hand Arbitral Tribu- nal. and Germany on the other hand. Each such Tribunal shall consist of three members. Each of the Governments concerned shall appoint one of these members. The President shall be chosen by, agreement between the two Governments concerned. In case of failure to reach agreement, the President of the Tribunal and two other persons, either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until this is set up, by M. Gustave Ador if he is willing. These persons shall be nationals of Powers that have remained neutral during the war. If any Government does not proceed within a period of one month in case there is a vacancy to appoint a member of the Tribunal, such member shall be chosen by the other Government from the two persons mentioned above other than the President. The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal. (b) The Mixed Arbitral Tribunals established pursuant to paragi-aph S^^rbV" ^^ (a) shall decide all questions within their competence under Sections Tr^un^^''"^^^ III, IV., v., and VII.* * Which laws When exercising its jurisdiction under Article NOTES. conTractTcSes 304(6) with reference to contracts between Art. 304 (b) of conflict of nationals of an Allied or Associated Power, laws. of the one part, and nationals of Germany, of the other part, the Mixed Arbitral Tribunal will frequently be called upon to determine such questions as : (i.) The capacity of the parties to contract, (ii.) The validity in form or substance of the contract, and (iii.) The effect or meaning of the contract, and will also have to decide (where the laws prevailing in the country of one of the parties to the contract differ from the laws in force in the country of the other party) which set of laws should be applied in determining these questions. 282 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 256). Clause (h) of Article 304 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in clause {b) of Article 256 of the Treaty with Austria, subject to the substitution therein of the Avord " Austrian " for the word " German." HUNGARY (ART. 239). Clause (b) of Article 304 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in clause 239 of the Treaty with Hungary, subject to the substitu- tion therein of the word " Hungarian" for the word " German." BULGARIA (ART. 188). Clause (6) of Article 304 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in clause (b) of Article 188 of the Treaty with Bulgaria, subject to the substitution therein of the word " Bulgarian " for the word " German." TEXT OF TREATY WITH GERMANY 283 In addition, all questions, whatsoever their nature, relating to con- Art. 304 (b). tracts concluded before the coming into force of the present Treaty between nationals of the Allied and Associated Powers and German nationals shall be decided by the Mixed Arbitral Tribunal, always excepting questions which, under the laws of the Allied, Associated or Neutral Powers, are within the jurisdiction of the National Courts of those Powers. Such questions shall be decided by the National Courts in question, to the exclusion of the Mixed Arbitral Tribunal.* The party who is a national of an Allied or Associated Power may never- Though it is not possible to deal exhaustively in a book of this NOTES. description with questions o£ private international law, ^rt. 304 (b). which cover so wide a field, the reader will find these matters briefly referred to in Chapter V. (see supra, pp. 90-92). * Jurisdiction As regards the jurisdiction of the High Court of English q£ Justice in England to deal with contracts Courts to deal , -r^ ■ ■ ■, t ■ , p ii l j with contracts, between British subjects ot the one part, and nationals of one of the Opposing Powers of the other part, entered into before the conclusion of peace with that Power, the High Court in England has power under Order XL of Rules of the Supreme Court, 1883, to • deal with and adjudicate on contracts whenever — (i.) The whole subject-matter of the action (commenced to enforce the contract in question) is land within the jurisdiction, with or without rents or profits, or the perpetuation of testimony relating to land within the jurisdiction ; or (ii.) Any contract affecting land or hereditaments situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action ; or (iii.) Any relief is sought against any person domiciled or ordinarily resident within the jurisdiction ; or (iv.) The action is founded on any breach or alleged breach within the jurisdiction of any contract, wherever made, which, according to the terms thereof, ought to be performed within the juris- diction, unless the defendant is domiciled or ordinarily resident in Scotland or Ireland (Order XL, Rule 1 [a], [6], [c], and [e] ). See also West- lake's Private International Law (fifth edition), Chapter X. at p. 252; Footers Private Inter- national Law (third edition), Chapter VIII. During the war the English Courts frequently exercised their jurisdiction to deal with contracts between persons, some of whom had become enemies after the dates of the contracts {Porter v. Freudenherg , L.R. [1915], 1 K.B. \Q.A..\,Sbl;HalseyY.L6wenfeld [1916], 2 K.B. [C.A.],707). 284 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 256). Clauses {c), (d), and (e) of Article 304 of the Treaty with Germany on the opposite page are repeated verbatim in clauses (c), {d), and {e) of Article 256 of the Treaty with Austria. HUNGARY (ART. 239). Clauses {c), (d), and (e) of Article 304 of the Treaty with Germany on the opposite page are repeated verhatim in clauses (c), (d), and (e) of Article 239 of the Treaty with Hungary. BULGARIA (ART. 188). Clauses (c), (d), and (e) of Article 304 of the Treaty with Germany on the opposite page are repeated verhatim in clauses (c), {d), and (e) of Article 188 of the Treaty Avith Bulgaria. TEXT OF TREATY WITH GERMANY 285 theless bring the case before the Mixed Arbitral Tribunal if this is not Art. 304. prohibited by the laws of his country.* {(') If the number of cases justifies it, additional members shall be nXlppIinted. appointed and each Mixed Arbitral Tribunal shall sit in divisions. Each of these divisions will be constituted as above. (d) Each Mixed Arbitral Tribunal will settle its own procedure t powefs^or'"'^ except in so far as it is provided in the following Annex, and is tribunal, empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings. (e) Each Government will pay the remuneration of the meml^er of ^^^^l^^^f^^ the Mixed Arbitral Tribunal appointed by it and of any agent whom it may appoint to represent it before the Tribunal. The remuneration of the President will be determined by special agreement between the Governments concerned ; and this remuneration and the joint expenses of each Tribunal will be paid by the two Governments in equal moieties. ♦"Bring the The expression "bring the case before the NOTES. mx^^ArbM ^^i^ed Arbitral Tribunal " is not clear ; it Art. 304 (b). Tribunal." certainly authorises a national of an Allied or Associated Power to start proceedings before that Tribunal (instead of the Courts of his own or a neutral country), but it may be argued, with some force, that this expression (as well as the French version " 2Jorter V affaire (Levant le Tribunal Arhitral 3Iixte") also authorises such national to require that proceedings commenced by a German in a Court of a neutral Power with reference to a pre-war contract between the German and himself shall be transferred from the Court of the neutral Power to the Mixed Arbitral Tribunal for decision. Effect of The joint effect of Article 304 (h) and Article ^d* Art"^l* 305 '^^^' ^^ ^^^ ^^ concerns the jurisdiction of the Courts of Neutral Powers to deal with con- tracts between a national of an Allied or Associated Power and a German, would appear to be, that the national of the Allied or Associated Power may (unless precluded from so doing by the laws of his country) bring the case before the Mixed Arbitral Tribunal, and may, if the case has been dealt with bj- the national Court of the neutral Power in a manner, which is inconsistent with the provisions of Sections III., lY., v., or VII. of Part X. of the above Treaty, obtain redress by applying to the Mixed Arbitral Tribunal (see supra, pp. 103-108). t As to the rules of procedure of the Anglo-German Art. 304 (d). Mixed Arbitral Tribunal, see infra, pp. 324-337. The rules of procedure of the Franco-German, Germano-Belgian, and Greco- German Mixed Arbitral Tribunals are set out in full in Vol. I. of the Rec. des Dec. des Trib. Arb. Mixtes, pp. 33-73. 286 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 256 AND ANNEX). Clauses (/) and {g) of Article 304 (and the Annex thereto) of the Treaty with Germany on the opposite page are repeated verbatim in clauses (/) and ( » & & Tribunal are the Mixed Arbitral Tribunal as final and conclusive, and to render ^'^^'^• them binding upon their nationals.* ANNEX. 1. Should one of the members of the Tribunal either die, retire, or Annex to be unable for any reason whatever to discharge his functions, the same :r " ^^*\. "^ ° ' Death or retire- procedure will be followed for filling the vacancy as was followed for ^^Tribunai™'^^'^ appointing him. 2. The Tribunal may adopt such rules of procedure as shall be in Rules of pro- cedure. accordance with justice and equity and decide the order and time at which each party must conclude its arguments, and may arrange all formalities required for dealing with the evidence. 3. The agent and counsel of the parties on each side are authorised Presentation of ^ ^ cases to Tribu- te present orally and in writing to the Tribunal arguments in support °^'- or in defence of each case. 4. The Tribunal shall keep record of the questions and cases sub- Records of ^ ^ Tribunal. mitted and the proceedings thereon, with the dates of such proceedings. 5. Each of the Powers concerned may appoint a secretary. These Secretaries ,•111 1 . . • p 1 rr< .1 1 1 appoineed by secretaries shall act together as ]oint secretaries of the Tribunal and towers. shall be subject to its direction. The Tribunal may appoint and employ any other necessary officer or officers to assist in the perform- ance of its duties. 6. The Tribunal shall decide all questions and matters submitted Evidence sub- mitted to upon such evidence and information as may be furnished by the parties Tribunal. concerned. 7. Germany agrees to give the Tribunal all facilities and informa- ^^''^^^^f^^ tion required by it for carrying out its investigations. mation. * Decision of The decisions of the Mixed Arbitral Tribunals NOTES. Triwr^^ have been made binding on the Courts in Art. 304 (g). made binding. Great Britain by clause 1 (xiv.) of the Treaty of Peace Order, 1919; clause 1 (xxi.) of the Treaty of Peace (Austria) Order, 1920; clause 1 (xiv.) of the Treaty of Peace (Bulgaria) Order, 1920 (see infra, pp. 308, 318). By § 3 of Article 1 of a law (No. 7724) passed by the German Reichstag on August 10, 1920, the decisions of these Tribunals are made final and binding on German nationals. Article 304 [g) is a repetition of paragraph 24 of the Annex to Section III. of Part X. of the Treaty (see supra, p. 221). 288 VARIANTS IN OTHER TREATIES AUSTRIA (ARTS. 257 AND 258). The Annex to Article 304 and Articles 305 and 306 of tlie Treaty with Germany, so far as they appear on the opposite page, are repeated verbatim in the Annex to Article 256, and Articles 257 and 258 of the Treaty with Austria, subject to the following modifications : (i.) In Article 257 of the Treaty with Austria the words " Court of the former Austrian Empire " are sub- stituted for the words " German Court." (ii.) In Article 258 of the Treaty with Austria the words '' Articles 237 and 239 " are substituted for " Article 286 " in Article 306 on the opposite page. HUNGARY (ARTS. 240 AND 241). The Annex to Article 304 and Articles 305 and 306 of the Treaty with Germany, so far as they appear on the opposite page, are repeated verbatim in the Annex to Article 239 and Articles 240 and 241 of the Treaty with Hungary, subject to the following modifications : (i.) In Article 240 of the Treaty with Hungary the words "Court of the former Kingdom of Hungary " are sub- stituted for the words "German Court." (ii.) In Article 241 of the Treaty with Hungary the words " Articles 220 and 222 " are substituted for " Article 286 " in Article 306 on the opposite page. BULGARIA (ARTS. 189 AND 190). The Annex to Article 304 and Articles 305 and 306 of the Treaty with Germany, so far as they appear on the opposite page, are repeated verbatmi in the Annex to Article 188 and Articles 189 and 190 of the Treaty with Bulgaria, subject to the following modifications : (a) "Bulgarian" and "Bulgaria" are respectively substi- tuted for " German " and " Germany." {b) " Article 166 " is substituted for " Article 286 " in Article 306 on the opposite page. TEXT OF TREATY WITH GERMANY 289 8. The lansuage in which the proceedino;s shall be conducted shall, ^^^^^}° & o 1 ^ Art. 304. unless otherwise agreed, be English, French, Italian, or Japanese, as Language used. may be determined by the Allied or Associated Power concerned. 9. The place and time for the meetings of each Tribunal shall be ?g*o®f TrSiunai. determined by the President of the Tribunal. Article 305. Whenever a competent Court has given or gives a decision in a ^^- 2®^- ■•■ o <-> Redress against case covered bv Sections III., IV., V., or VII., and such decision is decision of com- '' petent Court inconsistent with the provisions of such Sections, the party who is ^^'^g^Y^^^*''^' prejudiced by the decision shall be entitled to obtain redress which fv'^*^v"\ud vii shall be fixed by the Mixed Arbitral Tribunal. At the request of the national of an Allied or Associated Power, the redress may, whenever possible, be effected by the Mixed Arbiti-al Tribunal directing the replacement of the parties in the position occupied by them before the judgment was given by the German Court. SECTION VII.— INDUSTRIAL PROPERTY. Article 306. Subject to the stipulations of the present Treaty, rights of industrial, ^^^'^^^^j^;^ ^^ literary, and artistic property, as such property is defined by the Inter- ^s^^^^^^^f i^\^^._ national Conventions of Paris and of Berne, mentioned in Article 286,* ^'^^•^^1,^'^,*^*^*'^^° * Revival of The above-mentioned Article 286 runs as NOTES. ro'^^wnSnrif follows: ^*-'°'- UOnVeilblOIlS OI mi t • i r^ • n Paxis and Berne. 286. " The International Convention ot "Paris of March 20, 1883, for the protection " of industrial property, revised at Washington on June 2, "1911; and the International Convention of Berne of " September 9, 1886, for the protection of literary and "artistic works, revised at Berlin on November 13, 1908, " and completed by the additional Protocol signed at Berne "on March 20, 1914, will again come into effect as from the " coming into force of the present Treaty, in so far as they " are not affected or modified by the exceptions and restric- "tions therefrom." Germany was, at the time of the outbreak of the war, a party to the Convention of Paris of 1883 (revised in Washington in 1911), and also to the Convention of Berne of 1886 (revised in Berlin in 1908). On the other hand, Austria-Hungary was only a party to the Convention of Paris, but not to the Convention of Berne. Austria- Hungary had, however, at the time of the outbreak of the war, entered into a separate convention with Great Britain, which proceeded on the same lines as the Berne Convention. 19 290 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 258). Article 30G of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 258 of the Treaty with Austria, subject to the following modifications : (i.) "Rights of nationals of the former Austrian Empire" are substituted for " rights of German nationals." (ii.) " By Austria and Austrian nationals or by or on behalf of the former Austrian Empire " is substituted for " by Germany or German nationals." (iii.) The words " in respect of the property of persons referred to in Article 249 (b) and" are inserted after the words "sums due or paid" in the fourth paragraph on the opposite page, (iv.) The words "paragraph 2" are substituted for "para- graph 1." HUNGARY (ART. 241). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 241 of the Treaty with Hungary, subject to the following modifications : (i.) "Rights of nationals of the former Kingdom of Hungary " are substituted for " rights of German nationals." (ii.) "By Hungary or Hungarian nationals or by or on be- half of the former Kingdom of Hungary " is substituted for "by Germany or German nationals." (iii.) The words "in respect of the property of persons referred to in Article 232 {b) " are inserted after the words "sums due or paid" in the fourth paragraph on the opposite page, (iv.) The words " second paragraph " are substituted for "paragraph 1." BULGARIA (ART. 190). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 190 of the Treaty with Bulgaria, subject to the substitution therein of the words " Bulgarian " and "Bulgaria " for the words " German " and " Germany " respectively. TURKEY (ART. 281). Article 306 of the Treaty with Germany, so far as it appears on page 289 and on the opposite page is repeated verbatim in Article 281 of the Treaty with Turkey, subject to the following modifications : (i.) "Article 272" is substituted for "Article 286." (ii.) The Avords " or Associated " are omitted, (iii.) The words "Turkey" and "Turkish" are substituted for the words " Germany " and " German." (iv.) The words " the second paragraph " are substituted for the words " paragraph 1." TEXT OF TREATY WITH GERMANY 291 shall be re-established or restored, as from the coming into force of the Art, 306. present Treaty, in the territories of the High Contracting Parties, in favour of the persons entitled to the benefit of them at the moment when the state of war commenced or their legal representatives. Equally, rights which, except for the war, would have been acquired during the war in consequence of an application made for the protection of industrial property, or the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty. Nevertheless, all acts done by virtue of the special measures taken special meas- ures taken by during the war under legislative, executive or administrative authority Allied I'owers ■' against rights of of any Allied or Associated Power in regard to the rights of German Germans to re- '' o o mam in force. nationals in industrial, literary, or artistic property shall remain in force and shall continue to maintain their full eftect. No claim shall be made or action brought by Germany or German No claim to be ^ '' made for use of nationals in respect of the use during the war by the Government of "K'^ts in indus- '■ o J trial, etc., pro- any Allied or Associated Power, or by any persons actincj on behalf or P'^'^'^y ^^ ^H^'^'^ •' ^ J J c o Government. with the assent of such Government, of any rights in industrial, literary, or artistic property, nor in respect of the sale, offering for sale, or use of any products, articles or apparatus whatsoever to which such rights applied. Unless the legislation of any one of the Allied or Associated Powers ^T ^"™^ '^"^^ " '' under para. 1 of in force at the moment of the signature of the present Treaty otherwise ,^''*; ^^-^ ^'^fj^ directs, sums due or paid in virtue of any act or operation resulting from the execution of the special measures mentioned in paragraph 1 * of this Article shall be dealt with in the same way as other sums due A short outline of the effect of the above-mentioned NOTES. Conventions of Paris and Berne will be found in Chapter IV. ^^^- ^^^ (see supra, pp. 60-63). The full text of these conventions is set out in Appendices X. and XL (see infra, pp. 370-389). The Treaty with Germany came into force on January 10, 1920, the Treaty with Austria on the 16th day of July, 1920, and the Treaty with Bulgaria on the 9th day of August, 1920. * "Paragraph 1 The words " paragraph 1 of this Article,'' IS ^° ®- in the third clause of this Article, must be a printer's error for " paragraph 2 of this Article." In the corresponding paragraph of Article 258 of the Treaty of Austria, and Article 190 of the Treaty with Bulgaria, this error is corrected. 292 YAEIAXTS IN OTHER TREATIES AUSTRIA (ART. 258). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 258 of the Treaty with Austria, subject to the following modifications : (i.) "Due to such persons" is substituted for "due to (xerman nationals." (ii.) "The Government of the former Austrian Empire" is substituted for the " German Government." (iii.) "Austrian" is substituted for "German" and "Austria" for "Germany." (iv.) "July 28, 1914" is substituted for "August 1, 1914." (v.) Words "Article 249, paragraph {h) " are substituted for the words "Article 297, paragraph (6)." HUNGARY (ART. 241). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 241 of the Treaty with Hungary, subject to the following modifications : (i.) "Due to such persons" is substituted for "due to Germans." (ii.) " The Government of the former Kingdom of Hungary " is substituted for " German Government." (iii.) "Hungarian" and "Hungary" are respectively sub- stituted for " German " and " Germany." (iv.) "July 28, 1914" is substituted for "August 1, 1914." (v.) Words "Article 232, paragraph (b) " are substituted for the words "Article 297^ paragraph (b)." BULGARIA (ART. 190). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 190 of the Treaty with Bulgaria, subject to the substitution therein of the words " Bulgarian " and " Bulgaria " for the words " German " and "Germany" and the words "Article 177, paragraph (b)" for the words "Article 297, paragraph (/>)." TURKEY (ART. 281). Article 306 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 281 of the Treaty with Germany, subject to the following modifications : (i.) The words "Turkey" and " Turkish " are substituted for the words " Germany " and " German." ii.) The words " or Associated " are omitted, (iii.) The words "Article 289 " are substituted for the words "Article 297, paragraph {b)." TEXT OF TREATY WITH GERMANY 293 to German nationals are directed to be dealt with by the present ^^- ^06. Treaty ; and sums produced by any special measures taken by the German Government in respect of rights in industrial, literary, or artistic property belonging to the nationals of the Allied or Associated Powers shall be considered and treated in the same way as other debts due from German nationals. Each of the Allied and Associated Powers reserves to itself the right ^f,?^^,'^*^^"" ^l o Allied Powers to to impose such limitations, conditions, or restrictions* on rights of incu"triaf^k:.°^ industrial, literary, or artistic property (with the exception of trade- P™P^''*y- marks) acquired before or during the war, or which may be sub- sequently acquired in accordance with its legislation, by German nationals, Avhether by granting licences, or by the working, or by preserving control over their exploitation, or in any other way, as may be considered necessary for national defence, or in the public interest, or for assuring the fair treatment by Germany of the rights of industrial, literary, and artistic property held in German territory by its nationals, or for securing the due fulfilment of all the obligations undertaken by Germany in the present Treaty. As regards rights of industrial, literary, and artistic property acquired after the coming into force of the present Treaty, the right so reserved by the Allied and Associated Powers shall only be exercised in cases where these limita- tions, conditions, or restrictions may be considered necessary for national defence or in the public interest. In the event of the application of the provisions of the preceding compensation ^ '■ '■ ^ " 111 respect of paragraph by any Allied or Associated Power, there shall be paid restrictions. reasonable indemnities or royalties which shall be dealt with in the same way as other sums due to German nationals are directed to be dealt Avith by the present Treaty. Each of the Allied or Associated Powers reserves the right to treat powers t^e^at as void and of no effect any transfer in whole or in part of or other transfers as void. dealing with rights of or in respect of industrial, literary, or artistic property effected after August 1, 1914, or in the future, which would have the result of defeating the objects of the provisions of this article. The provisions of this article shall not apply to rights in industrial, ^t; soenotto J. 1 X ./ o apply to pro- literary, or artistic property which have been dealt with in the liquida- P^rty of busi- ■' i. IT J 1 nesses m liqui- tion of businesses or companies under war legislation by the Allied or "Nation. Associated Powers, or which may be so dealt with by virtue of Article 297, paragraph (b). ■^ So far as Great Britain is concerned, the right to NOTES. impose limitations, conditions, and restrictions on the 294 VAKIAXTS IX OTHER TREATIES AUSTRIA (ART. 259). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 259 of the Treaty with Austria, subject to the substitution therein of the words "July 28, 1914" for the words "August 1, 1914." HUNGARY (ART. 242). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verhatim in Article 242 of the Treaty with Hungary, subject to the substitution therein of the words "July 28, 1914" for the words "August 1, 1914." BULGARIA (ART. 191). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is reipea,ted verbatim in Article 191 of the Treaty with Bulgaria. TURKEY (ART. 282). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verbatim in Article 282 of the Treaty with Turkey, subject to the following modifications : (i.) The words " but nothing in this Article shall give any " right to reopen interference proceedings in the United " States of America where a final hearing has taken " place " are omitted from the Treaty with Turkey. (ii.) The words "or Associated " are omitted. TEXT OF TREATY WITH GERMANY 295 Article 307. A minimum of one year after the coming into force of the present Art. 307. Treaty shall be accorded to the nationals of the High Contracting time for°com. ' Parties, without extension fees or other penalty, in order to enable Formalities as such persons to accomplish any act, fulfil any formality, pay any fees, property. and generally satisfy any obligation prescrilied by the laws or regula- tions of the respective States relating to the obtaining, preserving, or opposing rights to, or in respect of, industrial property either acquired before August 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance, but nothing in this article shall give any right to reopen interference proceedings in the United States of America where a final hearing has taken place. All rights in, or in respect of, such property, which may have Revival of lapsed by reason of any failure to accomplish any act, fulfil any ^^°^ property. formality, or make any payment, shall revive, but subject in the case of patents and designs to the imposition of such conditions as each Allied or Associated Power may deem reasonably necessary for the Restrictions rights of industrial, literary, and artistic NOTES. °iterary^ and property, acquired or to be acquired by ^*- 306- artistic property German nationals is exercisable by the Board held by Germans of Trade (see Clause 1 (xx.) of the Treaty in Great Britain. ^^ p^^^^ q^^^^^ jg^g^ -^j.^^^ p_ 3^^^^ Orders of the Board of Trade, Nos. 1336, 2118, and 2119 (see infra, Appendices VI. and VIII., pp. 345 and 357), and Rules made by the Board of Trade, Nos. 1371 and 2246 (see infra, Appendices VII. and IX., pp. 352 and 368) — 1. Provide how British patents owned by German, Austrian or Bulgarian nationals, and British copy- rights owned by German or Austrian nationals may be assigned and how the moneys paid for the same shall be applied, 2. Empower the Board to grant compulsory licences, and make orders revising or amending existing licences, in respect of such British patents and copyrights, and to appropriate, take over, and sell such patents and copyrights, and 3. Prescribe the steps to be taken when applications are made to the Comptroller of Patents (who is the qualified tribunal) with reference to the above matters. 296 VARIANTS IN OTHER TREATIES AUSTRIA (ARTS. 259 AND 260). Articles 307 and 308 of the Treaty with Germany, so far as they appear on the opposite page, are repeated verbatim in Articles 259 and 260 of the Treaty with Austria, subject to the substitution therein of the Avord "Austrian" for '^German" and 'Muly 28, 1914" for "August 1, 1914 '^ respectively. HUNGARY (ARTS. 242 AND 243). Articles 307 and 308 of the Treaty Avitli Germany, so far as they appear on the opposite page, are repeated verhatim in Articles 242 and 243 of the Treaty with Hungary, subject to the substitution therein of the words " Hungarian " for " Ger- man" and "July 28, 1914" for "August 1, 1914" respectively. BULGARIA (ART. 191). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verhatim in Article 191 of the Treaty with Bulgaria, subject to the substitution therein of the word " Bulgarian " for " German." Article 308 of the Treaty with Germany is omitted from the Treaty with Bulo-aria. TURKEY (ART. 282). Article 307 of the Treaty with Germany, so far as it appears on the opposite page, is repeated verhatim in Article 282 of the Treaty with Turkey, subject to the substitution therein of the word "Turkish" for "German." Article 308 in the Treaty Avith Germany is omitted from the Treaty with Turkey. TEXT OF TREATY WITH GERMANY 297 protection of persons who have manufactured or made use of the Art. 307. subject matter of such property while the rights had lapsed. Further, where rights to patents or designs belonging to German nationals are revived under this article, they shall be subject in respect of the grant of licences to the same provisions as would have been applicable to them during the war, as well as to all the provisions of the present Treaty. The period from August 1, 1914, until the coming into force of the Sdincon-"" present Treaty shall be excluded in considering the time within which ^orSnloVTser a patent should be worked or a trade-mark or design used, and it is perty.^'^'^°' further agreed that no patent, registered trade-mark, or design in force on August 1, 1914, shall be subject to revocation or cancellation by reason only of the failure to work such patent or use such trade- mark or design for two years after the coming into force of the present Treaty. Article 308. The rights of priority, provided by Article IV. of the International Art. 308. Convention for the Protection of Industrial Property of Paris, of March pjlj^rity^for cer- 20, 1883, revised at Washington in 1911 or by any other Convention tions'"eltended or Statute, for the filing or registration of applications for patents or after Treaty ^'^ models of utility, and for the registration of trade-marks, designs, and force. models which had not expired on August 1, 1914, and those which have arisen during the war, or would have arisen but for the war, shall be extended by each of the High Contracting Parties in favour of all nationals of the other High Contracting Parties for a period of six months after the coming into force of the present Treaty. Nevertheless, such extension shall in no way affect the right of any of the High Contracting Parties or of any person who before the coming into force of the present Treaty was bona fide in possession of any rights of industrial property conflicting with rights applied for by Under Section I. (xxvi.) of the Treaty of Peace (Austria) NOTES. Order, 1920 (see infra, p. 319), and Section I. (xix.) of the Art. 307. Treaty of Peace (Bulgaria) Order, 1920, the Board of Trade has power to impose on the nationals of Austria, Hungary, and Bulgaria limitations, conditions, and restrictions on the rights of industrial, literary, and artistic property in Great Britain. The above-mentioned Orders and Rules made by the Board of Trade set out in Appendices VI. to IX. have been made pursuant to this power (see infra, pp. 345-368). 298 VARIANTS IX OTHER TREATIES AUSTRIA (ARTS. 260, 261, AND 262). Articles 308, 309, and 310 (so far as they appear on the opposite page) of the Treaty with Germany are repeated verbatim in Articles 260, 261, and 262 of the Treaty with Austria, subject to the following modifications (in Articles 261 and 262) : (i.) The words " by nationals of the former Austrian Empire or " are inserted before the words "by persons residing." (ii.) The words " territories of that Empire " arc substituted for the words " territories of Germany." (iii.) The words " existence of a state of war " are substituted for the words " declaration of war." (iv.) "Articles 259 and 260 " are substituted for "Articles 307 and 308." (v.) The words "the Austro-Hungarian Armies during the war" are substituted for the words " Germany during the war." (vi.) The words "Austria on the other" are substituted for the words "Germany on the other." (vii.) The words "nationals of the former Austrian Empire" are substituted for the words " German nationals." HUNGARY (ARTS. 243, 244, AND 245). Articles 308, 309, and 310 (so far as they appear on the opposite page) of the Treaty with Germany are repeated verbatim in Articles 2-i3, 244, and 245 of the Treaty with Hungary, subject to the following modifications (in Articles 244 and 245) : (i.) The words "by nationals of the former Kingdom of Hungary or " are inserted before the words "by persons residing." (ii.) The words "territory of that Kingdom " are substituted for the words "territories of Germany." (iii.) The words " existence of a state of war " are substituted for the words " declaration of war." (iv.) "Articles 242and243"are substituted for "Articles 307 and 308." (v.) The words "the Austro-Hungarian Armies during the war" are substituted for the words " Germany during the war." (vi.) The words "Hungary on the other" are substituted for the words " Germany on the other." (vii.) The words "nationals of the former Kingdom of Hungary" are substituted for the words " German nationals." BULGARIA (ARTS. 192 AND 193). Articles 309 and 310 (so far as they appear on the opposite page) are repeated verbatim in Articles 192 and 193 of the Treaty with Bulgaria, subject to the following modifications : (i.) " Bulgaria " and "Bulgarian" are respectively substituted for " Germany " and " German." (ii.) The words "existence of a state of war" are substituted for the words "declaration of war." (iii.) "Article 191" is substituted for the words "Articles 307 and 308." TURKEY (ARTS. 283 AND 284). Articles 309 and 310 (so far as they appear on the opposite page) of the Treaty with Germany are repeated verbatim in Articles 283 and 284 of the Treaty with Turkey, subject to the following modifications : (i.) The words "Turkey," "Turkish," and "Article 287 "are respec- tively substituted for the words "Germany," "German," and "Articles 307 and 308." (ii.) The words "existence of a state of war" are substituted for " declaration of war." (iii.) The last paragraph of Article 309 on the opposite page is omitted, (iv.) The words " or Associated " are omitted. TEXT OF TREATY WITH GERMANY 299 another who claims rights of priority in respect of them, to exercise Art. 308. such rights by itself or himself personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the present Treaty ; and such persons shall not be amenable to any action or other process of law in respect of infringement. Article 309. No action shall be brought and no claim made by persons residing Art. 309. or carrying on business within the territories of Germany on the one brought for in- _.^ , , fringements of part and of the Allied or Associated Powers on the other, or persons rights in such . f ^ 1 . . property during who are nationals of such Powers respectively, or by any one deriving war. title during the war from such persons, by reason of any action which has taken place within the territory of the other party between the date of the declaration of war and that of the coming into force of the present Treaty, which might constitute an infringement of the rights of industrial property or rights of literary and artistic property, either existing at any time during the war or revived under the provisions of Articles 307 and 308. Equally, no action for infringement of industrial, literary, or artistic property rights by such persons shall at any time be permissible in respect of the sale or offering for sale for a period of one year after the signature* of the present Treaty in the territories of the Allied or Associated Powers on the one hand or Germany on the other, of pro- ducts or articles manufactured, or of literary or artistic works published, during the period between the declaration of war and the signature of the present Treaty, or against those who have acquired and continue to use them. It is understood, nevertheless, that this provision shall not apply when the possessor of the rights Avas domiciled or had an industrial or commercial establishment in the districts occupied by Germany during the war. This Article shall not apply as between the United States of America on the one hand and Germany on the other. Article 310. Licences in respect of industrial, literary, or artistic property con- Art. 3io. eluded before the war between nationals of the Allied or Associated apect of such .,..,. . . r • property con- Powers or persons residing m their territory or carrying on business eluded between •111 nationals of therein, on the one part, and German nationals, on the other part, opposing Powers. ^ As to the dates on which the Peace Treaties were signed NOTES. and came into force, see infra, the Index under the head of Dates. 300 VARIANTS IX OTHER TREATIES AUSTRIA (ART. 262). Article olU (so far as it appears on the opposite page) of the Treaty with Germany is repeated verbatim in Article 262 of the Treaty with Austria, subject to the following modifications : (i.) The words "existence of a state of war" are substituted for the words " declaration of war." (ii.) The words " between tlie former Austro-Hungarian Monarchy" are substituted f(»r the words "between Germany." (iii.) The Avords "the law of the former Austrian Empire" are substituted for the words " German law." (iv.) The words " in respect of the rights of persons referred to in Article 249 [h) " are inserted after the words " during the war." (v.) The words " such persons " are substituted for the words " German nationals." (vi.) The word "Austria "is substituted for the word "Germany." HUNGARY (ART. 245). Article 310 (so far as it appears on the opposite page) of the Treaty with Germany is repeated verbatim in Article 245 of the Treaty with Hungary, subject to the following modifications : (i.) The words " existence of a state of war " are substituted for the words " declaration of war." (ii.) The words "between the Austro-Hungarian Monarchy" are substituted for the words " between Germany.-" (iii.) The words " the law of the former Kingdom of Hungary " are substituted for the words " German law.'^ (iv.) The words " in respect of the rights of persons referred to in Article 232 (h) " are inserted after the words " durino- the war." (v.) The words " such persons " are substituted for the words " German nationals." (vi.) The word "Hungary" is substituted for the word " Germany." BULGARIA (ART. 193). Article 310 (so far as it appears on the opposite page) of the Treaty Avith Germany is repeated verbatim in Article 193 of the Treaty with Bulgaria, subject to the following modifications : (i.) The words " existence of a state of war" are substituted for the words " declaration of war." (ii.) The Avords "Bulgarian" and " Bulgaria " are substituted for the words " German " and " Germany." TURKEY (ART. 284). Article 310 (so far as it appears on the opposite page) of the Treaty Avith Germany is repeated verbatim in Article 284 of the Treaty Avith Turke}^, subject to the following modifications : (i.) The Avords "Turkey" and "Turkish'^ are substituted for "Germany" and "German." (ii.) The Avords " or Associated " are omitted, (iii.) The Avords " Arbitral Commission referred to in Article 287" are substituted for " Mixed Arbitral Tribunal . referred to in Section VI. of this Part." (iv.) The Avords "or the Commission" are inserted after " The tribunal." (v.) The last paragraph on the opposite page is omitted. TEXT OF TREATY WITH GERMANY 301 shall be considered as cancelled as from the date of the declaration of Ai-t. 3io. war between Germany and the Allied or Associated Power. But, in any case, the former beneficiary of a contract of this kind shall have the right, Avithin a period of six months after the coming into force of the present Treaty, to demand from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the duly qualified tribunal in the country under whose legislation the rights have been acquired, except in the case of licences held in respect of rights acquired under German law. In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section VI. of this Part. The tribunal may, if necessary, fix also the amount which it may deem just should be paid by reason of the use of the rights during the war. No licence in respect of industrial, literary, or artistic property, granted under the special war legislation of any Allied or Associated Power, shall be affected by the continued existence of any licence entered into before the war, but shall remain valid and of full effect, and a licence so granted to the former beneficiary of a licence entered into before the war shall be considered as substituted for such licence. Where sums have been paid during the war by virtue of a licence or agreement concluded before the war in respect of rights of industrial property or for the reproduction or the representation of literary, dramatic, or artistic works, these sums shall be dealt with in the same manner as other debts or credits of German nationals, as provided by the present Treaty.* This article shall not apply as between the United States of America on the one hand and Germany on the other. ^The third paragraph of Article 310 would appear to NOTES, mean that, where a licence or agreement has been concluded Art. 310. before the war between a national of any of the Allied or Associated Powers (other than the United States of America) or a person residing or carrying on business in the territory of any such Power, of the one part, and a German of the other part, in respect of any rights of industrial property, or for the reproduction or represen- tation of literary, dramatic, or artistic works, and the Allied or Associated Power concerned (by virtue of its power under Article 297 [6] to retain and liquidate the property of German nationals) pays or receives during the war moneys in respect of such licence or agreement, sucli moneys will be dealt with in the same way as other debts or credits of German nationals. 302 VARIANTS IN OTHER TREATIES AUSTRIA (ART. 264). The first paragraph of Article 311 of the Treaty with Germany is repeated verbatim in Article 20-4 of the Treaty with Austria, subject to the following modifications : (i.) The word " transferred " is substituted for the words " separated from Germany/' and the word " transfer " is substituted for the word " separation," (ii.) " Austria " is substituted for " Germany." (iii.) The words " the legislation in force " are substituted for the words " German legislation." The second paragraph of Article 311 of the Treaty with Germany is omitted from the Treaty with Austria. HUNGARY (ART. 247). The first paragraph of Article 311 of the Treaty with Germany is repeated verhatim in Article 247 of the Treaty with Hungar}'', subject to the following modifications : (i.) The word "transferred" is substituted for the words "separated from Germany/' and the word "transfer" is substituted for the word " separation." (ii.) " Hungary " is substituted for " Germany." (iii.) The words " the legislation in force " are substituted for the words " German legislation." The second paragraph of Article 311 is omitted from the Treaty with Hungary. BULGARIA (ART. 194). Article 311 of the Treaty with Germany is repeated verhatim in Article 194 of the Treaty with Bulgaria, subject to the following modifications : (i.) The word " transferred " is substituted for the words " separated from Germany/' and the Avord " transfer " is substituted for the word " separation." (ii.) The words "enjoy in Bulgaria" are substituted for the words " enjoy in Germany." (iii.) " Bulgarian " is substituted for " German." (iv.) The words "Article 190" are substituted for the words " Article 306." (v.) The words " their transfer from Bulgaria " are substituted for the words " the separation of these territories from Germany." TURKEY (ART. 285). Article 311 of the Treaty with Germany is repeated verbatim in Article 285 of the Treaty with Turkey, subject to the following modifications : (i.) The words " Turkey " and " Turkish " are substituted for the words " Germany " and " German/' and the word " transfer " is substituted for the word " separation." (ii.) The words "Article 281 " are substituted for the words "Article 306." (iii.) The words "of these territories from Germany" are omitted. TEXT OF TREATY WITH GERMANY 303 Article 311. The inhabitants of territories separated from Germany by virtue Art. 3ii. of the present Treaty shall, notwithstanding this separation and the habitants ^"f' change of nationality consequent thereon, continue to enjoy in Germany by^cermany^in*^ all the rights in industrial, literary, and artistic property to which they property.^ ^^'^^ were entitled under German legislation at the time of the separation. Rights of industrial, literary, and artistic property which are in force in the territories separated from Germany under the present Treaty at the moment of the separation of these territories from Germany or which will be re-established or restored in accordance with the provisions of Article 306 of the present Treaty, shall be re- cognised by the State to which the said territory is transferred and shall remain in force in that territory for the same period of time given them under the German law. APPENDIX I (See supra, pp. 9, 22, 26, 36, 41, 72, 74, 76, 88, 89, 110, 193, 203, 211, 215, 217, 219, 221, 231, 243, 257, 261, 269, 287, 295, 297.) ORDER IN COUNCIL MADE FOR PURPOSE OF GIVING EFFECT IN GREAT BRITAIN TO THE TREATY OF PEACE WITH GERMANY. THE TREATY OF PEACE ORDER, 1919. At the Court at Buckingham Palace, the 18th day of August, 1919. Present, The King's Most Excellent Majesty in Council. Whereas at Versailles on the twenty-eighth day of June, nineteen App. I. hundred and nineteen, a Treaty of Peace (hereinafter referred to as " the Treaty ") was signed on behalf of His Majesty : And whereas by the Treaty of Peace Act,^ 1919, it was provided that His Majesty might make such appointments, establish such offices, make such Orders in Council and do such things as appeared to him to be necessary for carrying out the Treaty, and for giving effect to any of the provisions of the Treaty, and that any Order in Council made under that Act might provide for the imposition by summary process or otherwise of penalties in respect of breaches of the provisions thereof : And whereas the treaty contained the Sections set out in the Schedule to this Order, and it is expedient that for giving effect to those Sections the provisions hereinafter contained should have effect : And whereas by Treaty grant usage sufferance or other lawful means His Majesty has power and jurisdiction in British Protectorates, and is pleased by virtue and in exercise of the powers vested in Him by the Foreign Jurisdiction Act, 1890, or otherwise to extend the provisions of this Order to such Protectorates : Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows : — 1. The Sections of the Treaty set out in the Schedule to this *[Order^] shall have full force and effect as law, and for the purpose of carrying out the said Sections the following provisions shall have effect : — 1 Sand 9 Geo. V., cap. 33. 2 The words in this Order enclosed in square brackets marked with an asterisk are amendments introduced into the above Order by a supplemental Order in Council made on June 28, 1920, and called the Treaty of Peace (Amendment) Order, 1920, No. 1410. The above Order has been further amended by another Order, No. 2461, called the Treaty of Peace Amendment No. 2 Order, 1920, as to which see infra, p. 390. 305 20 App. I. Establishment of Clearing Office. Prohibition to pay or accept enemy debt or to communicate thercou other- wise than through Clear- ing Office. Proceedings for recovery of enemy debt pro- hibited. Clearing Office empowered to recover enemy debts. 306 TREATY OF PEACE ORDER, 1919 (i.) There shall be established in the United Kingdom a Cleaiiug Office under the control and management of such person (hereinafter referred to as the Controller) as the Board of Trade may appoint for the purpose, and there shall be attached thereto such officers and servants as the Board of Trade, subject to the consent of the Treasury as to number, may determine, and there shall be paid to the Controller and to such officers and servants such salaries or other remunera- tion as the Treasury may determine. In the event of a local office being established in any part of His Majesty's dominions outside the United Kingdom or in any Protectorate, the provisions relating to the Clearing Office hereinafter contained shall apply thereto for the purpose of the functions authorised to be performed by a local Clearing Office under paragraph 1 of the Annex to Section III. of Part X. of the Treaty, (ii.) It shall not be lawful for any person to pay or accept pay- ment of any enemy debt, except in cases where recovery thereof in a court of law is allowed as hereinafter provided, otherwise than through the Clearing Office, and no person interested in any such debt as debtor or creditor shall have any communications with any other person interested therein as "^creditor or debtor except through or by leave of the Clear- ing Office, and if any person contravenes this provision he shall be guilty of an offence and liable to l)e proceeded against and punished as if he had been guilty of the offence of trading with the enemy, and section one of the Trading with the Enemy Act, 1914, ^ shall apply accordingly .^ (iii.) It shall not be lawful for any person to take proceedings in any court for the recovery of any enemy debt except in the circumstances provided under paragraphs 16, 23 and 25 of the Annex to the said Section III.^ (iv.) The Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to the said Section III., and for that purpose shall have all such rights and powers as if they were the creditor ; and, if the debt has been admitted by the debtor or the debt or amount thereof has been found by arbitration or by the Mixed Arlntral Tribunal or by a court of law in manner pro- vided by paragraph IG of the Annex to the said Section III., the Clearing Office may certify the amount so admitted or found due, and on production to the proper officer of the Supreme Court of the part of His Majesty's Dominions or the Protectorate in which the debtor resides of such certifi- cate, the certificate shall be registered by that officer and shall from the date of such registration be of the same force and effect, and all proceedings may be taken thereon, as if the certificate were a judgment obtained in that court for the recovery of a debt of the amount specified in the certificate 1 4 and 5 Geo. V., cap. 87. 2 See Peace Treaty with Germany, Art. 296 (< Part X., supra, pp. 203, 311. 3 See also § 3 of Annex to Sec. III., p. 211. and § 3 of Annex to Sec. III. of TREATY OF PEACE ORDER, 1919 307 and entered upon the date of such registration, and all ^PP- ^• reasonable costs and charges attendant upon the registration of such certificate shall he recoverable in like manner as if they were part of such judgment.^ (v.) It shall be lawful for the Clearing Office to recover from any ^^^™fred®to persons, by whom a fine is payable under paragraph 10 of the recover fines. Annex to the said Section III., the amount of such fine. (vi.) It shall be lawful for the Clearing Office to deduct from any ^^^^li^r"^^^ sum payable by the Clearing Office to a creditor such authorised, commission, not exceeding two-and-a-half per cent, of the amount payable, as may be fixed by the Clearing Office.^ (vii.) If any creditor refuses or fails to give such notice or to Ref^^^^i^o[^gj^g furnish such documents or information as are mentioned in information. paragraph .5 of the Annex to the said Section III., he shall, on summary conviction, be liable to a fine not exceeding ten pounds, (viii.) If any person collusively gives notice of or admits any debt Collusive claim, which is not due, or furnishes any false information with respect to any debt, he shall, on summary conviction, be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such imprisonment and fine.^ (ix.) If His Majesty so agrees with any of the other Allied or ^^^^^^Xbt? Associated Powers, the provisions of this Order, so far as ;';PP?^^''^^Jg^Qf° they relate to enemy debts, shall apply to debts due to "ther Allied or from the nationals of that Power resident in any part of Powers. His Majesty's Dominions or Protectorates in like manner as they apply to debts due to or from British nationals so resident.'* (x.) Proceedings by and on behalf of the Clearing Office may be ^[™g office^ taken by and in the name of the Controller of the Clearing Office, who may by that name sue and be sued, and costs may be awarded to or against the Controller.^ *[The Clearing Office may make rules, subject to the approval of the President of the Board of Trade, for prescribing the manner in which the powers and duties conferred upon the Clearing Office by this Order shall be exercised.] _ n a of ciear- (xi.) Every document purporting to be an order or other instru- jjg (J^^g to^bl' ment issued by the Clearing Office and to be signed hy the ^^'r^^^'^f^^g^'' Controller or by the secretary or other person authorised by ^^^ *""" " the Controller shall be received in evidence and shall be deemed to be such order or instrument without further proof unless the contrary is shown. *[In any proceeding by the Clearing Office to enforce payment of a debt or fine, a report purporting to be signed by the Controller or by the Secretary shall be evidence of the facts therein stated.] (xii.) A certificate signed by the Controller that an order or other ge^wficate of instrument purporting to be made or issued by the Clearing Office is so made or issued shall be conclusive evidence of the facts so certified. 1 See § 17 of Annex to Sec. III. of Pait X., supra, p. 219. 2 See § 9 of Annex to Sec. III., supra, p. 215. 3 See § 5 of Annex to Sec. III., supra, p. 213. 4 See Peace Treaty, Art. 296 {/), supira, p. 209. 5 See § 17 of Annex to Sec. III., supra, p. 219. 308 TREATY OF PEACE ORDER, 1919 App. I. Documentary Eriduncc Act, 1808, applicable to Clearing Office. Decisions of Jlixcd Arbitral Tribunal to be final. Order of Secre- tary of State to compel attend- ance or produc- tion of evidence. Cliarge on jjro- perty of German nationals in Great Britain to secure sums due In respect of claims by British nation- als with regard to their property in Germany. (xiii.) The Documentary Evidence Act, 1868,^ as amended hy any sub.sequent enactment, shall apply to the Clearing Office in like manner as if the Clearing Office were mentioned in the first column of the First Schedule to that Act, and as if the Controller or Secretary of the Clearing Office or any person authorised by the Controller to act on his behalf were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any documents issued by or on behalf of the Clearing Office. (.xiv.) All decisions of the Mixed Arbitral Tribunal constituted under Section VI. of Part X. of the Treaty, if within the jurisdic- tion of that tribunal, shall be final and conclusive and binding on all courts. - ^[(xiv.«) The Board of Trade may undertake on behalf of a British national the presentation to and conduct before the Mixed Arbitral Tribunal of any claim, difference or dispute refer- able to the Tribunal under the provisions of Sections IV., V,, and VII. of the Treaty, and may make regulations with the consent of the Treasury in respect of the fees to be charged in respect of such services.] (xv.) For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Tribunal, wherever sitting, whether within or without His Majesty's Dominions, and compelling the production before the Tribunal of documents, a Secretary of State shall have power to issue orders which shall have the like elf'ect as if the proceedings before the Tribunal were an action in a court and the order were a formal process issued by that court in the due exercise of its jurisdiction, and shall be enforceable by that court accordingly, and disobedience to any such order shall be punishable as contempt of court. (xvi.) All property, rights and interests within His Majesty's Dominions or Protectorates belonging to German nationals at the date when the Treaty comes into force (not being property, rights or interests acquired under any general 1 The effect of the Documentary Evidence Act, 1868 (31 and 32 Vic, cap. -37), as amended by paragraph 1 (xiii.) of the Treaty of Peace Order, 1919, and thereby made applicable to documents issued by or on behalf of the Clearing Office, is to jirovide that prima-facie ev\di&nQ,e. of any document issued by or on behalf of the Clearing Ollice may i>o given in all Courts of Justice and in all legal proceedings whatsoever in all or any of the modes hereinafter mentioned (that is to say) : (1) By the production of a copy of the Gazette purporting to contain such document. (2) By the production of a copy of such document purporting to be printed by the GovernnKsnt printer, or, where the question arises in a Court in any British Colony or Possession, of a copy purporting to bo printed under the authority of the Legislation of such Colony or Possession. (3) By the production of a copy or extract purporting to be certified to be true by the Controller or tl;e Secretary of the Clearing Office, or any person authorised by the Controller to act on his behalf. Any copy or extract made in pursuance of the Treaty of Peace Order may be in print or in writing, or partly in print and jiartly in writing. No proof shall be required of the handwriting or official position of any person certifying, in pursuance of that Order, to tlie truth of any copy of or extract from any document. - See § 24 of Annex to Sec. III. of Part X., suj/ra, p. 221. The Reichstag passed a law on August 10, 1920, No. 7724, making the decisions of the Mixed Arbitral Tribunal final and binding. TREATY OF PEACE ORDER, 1919 309 licence issued by or on behalf of His Majesty), and the net App. I. proceeds of their sale, liquidation or other dealings therewith, are hereby charged — (a) in the first place, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests, including companies and associations, in which they are interested, in German territory, or debts owing to them by German nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 297, and with payment of claims growing out of acts committed by the German Government or by German authorities since the thirty-first day of July, and before the fourth day of August, nineteen hundred and fourteen *[but so nevertheless that the claims of British nationals for the proceeds of the liquidation of their property, rights and interests mentioned in Section IV. of Part X. of the Treaty and in the annex thereto, and for the enemy debts owing to them referred to in Article 296 of the Treaty, shall rank in priority to any other claims above mentioned] ; and {b) secondly, with payment of the amounts due in respect of claims by British nationals with regard to their property, rights and interests in the territories of Austria- Hungary, Bulgaria and Turkey, in so far as those claims are not other- wise satisfied. Provided that any particular property, rights or interests so charged may at any time, if His Majesty thinks fit, be released from the charge so created. ^ (xvii.) With a view to making effective and enforcing such charge ^X?geffecTive as aforesaid charge on pro- (a) no person shall, without the consent of the Custodian PatiomUs.^™*" *[acting under the general direction of the Board of Trade], transfer, part with or otherwise deal in any property, right or interest subject to the charge, and if he does so he shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceed- ing three months or to both such imprisonment and fine ; *[{aa) The Court may on the application of the Clearing Office or the Custodian require any person known or suspected to have in his possession or under his control or management any property, right or interest subject to charge, including any person known or suspected to owe a debt to a German national, or any person whom the Court may consider capable of giving information respecting the same, subject to payment or tender of reasonable expenses of his attend- ance, to attend as a witness and to give evidence or produce documents before the Court or before such olficer as the Court may appoint for the purpose of examining into the matter, who shall have power to take evidence and administer oaths, and if any person fails without reasonable excuse to 1 See § 4 of Annex to Sec. IV. of Part X., sicpra, p. 241. A German, wlio has completely divested himself of his German nationality and has not acquired another nationality, is "stateless," and will-not for the purposes of the above Order be treated as a German national. {Stocck v. Public Trustee, W.N. [1921], p. 180.) 310 TREATY OF PEACE OP.DER, 1919 App. I. ■When period of prescription suspended by war will be^n again to run. Period allowed as to pre-war negotiable in- struments. comply with any of the provisions of the order, or wilfully gives false evidence, he shall on summary conviction be liable to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months or to both such imprisonment and fine. For the purpose of this paragraph " the Court " means the High Court or a judge thereof, or a County Court, or in Scotland the Court of Session or a Sheritf Court.] (/>) every person owning or having the control or manage- ment of any property, right or interest subject to the charge (including, where the property, right or interest consists of shares, stocks or other securities issued l)y a company, munici- pal authority or other body or any right or interest therein, such company authority or body) shall, unless particulars thereof have already been furnished to the Custodian in accordance with the Trading with the Enemy Acts, 1914 to 1918, within one month from the date when this Order comes into operation by notice in writing communicate the fact to the Custodian, and shall furnish "the Custodian with such particulars in relation thereto as the Custodian may require, and if any person fails to do so he shall on summary convic- tion be liable to a fine not exceeding one hundred pounds ; (c) where the property charged consists of inscribed or registered stock, shares or other securities, any company, municipal authority or other body by whom the securities were issued or are managed shall, on application being made by the Custodian ^[notwithstanding any regulation or stipu- lation of the company or other body, and notwithstanding that the Custodian is not in possession of the certificate, scrip or other document of title relating to the shares, stock or securities to which the application relates], enter the Custodian in the books in which the securities are inscribed or registered as the proprietor of the securities subject to the charge, and the Custodian shall, subject to the consent of the Board of Trade, have powei- to sell or otherwise deal with the securities as proprietor of which he is so registered or inscribed ;^ ((/) the Board of Trade may by order vest in the Custodian any property, rights and interests subject to the charge, or the right to transfer the same, and for that purpose section four of the Trading with the Enemy (Amendment) Act, 1916, shall apply as if such property, rights and interests were pro- perty belonging to an enemy or enemy subject ; (c) if any person called upon to pay any money or to transfer or otherwise to deal with any property, rights or interests has reason to suspect that the same are subject to such charge as aforesaid he shall l)efore paying, transferring or dealing with the same repoi't the matter to the Custodian and shall compl}^ with any directions that the Custodian may give with respect thereto. (xviii.) The time at which the period of prescription or limitation of right of action referred to in Article 300 shall begin again to run shall be at the expiration of six months after the coming 1 This clause is aninnded by the Treaty of Peace Amendment No. 2 Oi'dcr, 1920. See infra, pp. 390-391. TREATY OF PEACE ORDER, 1919 311 into force of the Treaty, and the period to be allowed within App. I. which presentation of negotiable instruments for acceptance or payment and notice of non-acceptance or non-payment or protest may be made under Article *[301] shall be *[ten] months from the coming into force of the Treaty. (xix.) Rules made during the war by any recoe;nised Exchange or Confirmation of ^ ' r^ • ^ K • j_- • ^■ r > i i .■ , . rules ot associa- Uommercial Association providing tor the closure of contracts tions as to entered into before the war by an enemy and any action wa^contracts taken thereunder are hereby confirmed subject to the provisoes contained in paragraph 4 (a) of the Annex to Section V. of Part X. of the Treaty. (xx.) There shall be imposed on rights of industrial, literary or ^^f^^'^'li?'^^ "^"^ artistic property (with the exception of trade-marks) acquired trial property before or during the war, or which maybe acquired hereafter, gg'^mans'^^ by German nationals, such limitations, conditions or restric- tions as the Board of Trade may prescribe, for the purpose, in the manner, in the circumstances, and subject to the limita- tions, contained in Article 306 of the Treaty, and any transfer ill whole or in part or other dealing with any rights so acquired as aforesaid effected since the first day of August, nineteen hundred and fourteen, shall, if and so far as it is inconsistent with any limitations, conditions or restrictions so imposed, be void and of no efiect.i (xxi.) So far as may be necessary for the purpose of Article 307 the ^ght^o^f Ger"'^ Patents, Designs, and Trade Marks (Temporary Rules) Act, mans to patents 1914* [except paragraph (6) of section one of the Patents, ^" esigns. Designs, and Trade Marks (Temporary Rules) (Amendment) Act, 1914], shall in relation to German nationals continue in force after the Treaty comes into force as if references therein to subjects of a State at war with His Majesty included references to German nationals.^ (xxii.) The duly qualified tribunal for the purposes of Article 310 of T^bunar^for the Treaty shall be the Comptroller-General of Patents, pm-poses of Designs and Trade Marks. ^'^*- ^'^^ ^ As to the Orders and Rules made by the Board of Trade with refereuce to enemy owned British patents and copyrights, see infra. Appendices VI. to IX., pp. 345-368. - The provisions of the Patents, Designs mul Trade Marks {Temporary Fades) Acts, 1914 (4 and 5 Geo. V., cap. 27 and cap. 73), so far as they are made applicable to German nationals after the Treaty has come into force, are as follows : The power of the Board of Trade under Sec. 86 of the Patents and Designs Act, 1907, and Sec. 60 of the Trade Marks Act, 1905, to make rules and to do such things as they think expedient for the purposes therein mentioned, shall include power to make rules and do such things as they think expedient for avoiding or suspending in whole or in part any patent or licence the person entitled to the benefit of which is a German national; for avoiding or sus- pending the registration, and all or any rights conferred by the registration, of any design or trade-mark the proiirietor whereof is a German national ; for avoiding or suspending any application made by any such person under either of the said Acts ; for enabling the Board to grant, in favour of persons other than such persons as aforesaid, on such terms and conditions, and either for the whole term of the patent or registration or for such less period, as the Board may think fit, licences to make, use, exercise, or vend, patented inventions and registered designs so liable to avoidance or suspension as aforesaid. The above provisions are made applicable by Section 1 (xxvii.) of the Treaty of Peace (Austria) Order, 1920, to Austrian nationals and by Section 1 (xx.) of the Treaty of Peace (Bulgaria) Order. 1920, to Bulgarian nationals. 312 TllEATY OF PEACE ORDEll, 1919 App. I. Definitions. Parts of British Empire where this Order is applicable. ■When this Order becomes opera- tive. 2. For the purposes of this Order — The expression "enemy debt" has the meaning assigned to it by paragraph 2 of the Annex to Section III. of Part X. of the Treaty, and includes any sum which under the Treaty is to be treated or dealt with in like manner as an enemy debt : The expression "nationals" in relation to any State includes the subjects or citizens of that State and any company or corpora- tion incorporated therein according to the law of that State and in the case of a Protectorate the natives thereof : The expression "Custodian" means the Custodian of enemy property appointed under the Trading with the Enemy (Amenclment) Act, 1914.1 The Interpretation Act, 1889,^ applies for the interpretation of this Order in like manner as it applies for the interpretation of an Act of Parliament, and as if this Order were an Act of Parliament. 3. This Order shall apply to the whole of His Majest^-'s Dominions and Protectorates *[except India and the self-governing Dominions — that is to say, the Dominion of Canada, the Commonwealth of Australia (which for this purpose shall be deemed to include Papua and Norfolk Island), the Union of South Africa, the Dominion of New Zealand and Newfoundland] — but in its application to the parts of His Majesty's Dominions outside the United Kingdom and to British Protectorates shall be subject to such modifications as may be made by the legis- latures of those parts or those Protectorates for adapting to the circumstances thereof the provisions of this Order, Provided that such of the provisions of this Order as give effect to Section III. of Part X. of the Treaty shall not apply to Egypt. *[Provided also that, if a local Clearing Office is established in India or in any self-governing Dominion, the provisions of this Order relating to the Clearing Office shall apply with respect to the relations between the Central Clearing Office and the Local Clearing Office and to trans- actions on behalf of the Local Clearing Office, which must be effected through the Central Clearing Office, or which may be effected by the Central Clearing Office at the request of the Local Clearing Office.] 4. This Order shall come into operation on the date when the Treaty of Peace comes into force, but so much of this Order as relates to Section III. of Part X. of the Treaty and the Annex to that section shall cease to 1)e in operation after the expiration of one month from the deposit of the ratifications of the Treaty by His Majesty, unless in the meantime the notification referred to in paragraph (c) of Article 296 has been given to Germany by His Majesty. 5. This Order may be cited as the Treaty of Peace Order, 1919. Almeric FitzRoy. [Here follato Sections III. to VII. of Part X. of the Peace Treaty with Germany.] ^ 5 Geo. v., cap. 12, Section 1 of this Act directs the Board of Trade to appoint a person to act as Custodian of enemy projiorty for England and Wales, for Scotland and for Ireland, for the purpose of receiving, holding, })reserving, and dealing with such property as is paid to or vested in him under the Act, and further directs the Public Trustee to be appointed to be the Custodian for England and Wales. 2 52 and 53 Vic, cap. 63. APPENDIX II (See supra, pp. 9, 22, 26, 36, 41, 72, 74, 76, 88, 89, 110, 193, 203, 211, 217, 219,221, 287, 297.) ORDER IN COUNCIL FOR THE PURPOSE OF GIVING EFFECT IN GREAT BRITAIN TO THE TREATY OF PEACE WITH AUSTRIA. THE TREATY OF PEACE (AUSTRIA) ORDER, 1920. At the Court at Buckingham Palace, the \Wi day of August, 1920. Present, The King's Most Excellent Majesty in Council. Whereas at Saint Gerniain-en-Laye on the tenth day of September, App. II. nineteen hundred and nineteen, a Treaty of Peace (hereinafter referred to as "the Treaty ") was signed on behalf of His Majesty : And whereas by the Treaties of Peace (Austria and Bulgaria) Act, 1920,1 it was provided that His Majesty might make such appoint- ments, establish such offices, make such Orders in Council and do such things as appeared to him to be necessary for carrying out the Treaty, and for giving eff'ect to any of the provisions of the Treaty, and that any Order in Council made under that Act might provide for the imposition by summary process or otherwise of penalties in respect of breaches of the provisions thereof : And whereas the Treaty contained the sections set out in the schedule to this Order, and it is expedient that for giving effect thereto the provisions hereinafter contained should have eff'ect : And whereas by Treaty, grant, usage, sufferance or other lawful means His Majesty has power and jurisdiction in British Protectorates, and is pleased by virtue and in exercise of the powers vested in him by the Foreign Jurisdiction Act, 1890,^ or otherwise to extend the provisions of this Order to such Protectorates : Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, as follows : — 1. The Sections of the Treaty set out in the schedule to this Order shall have full force and effect as law, and for the purpose of carrying out the said sections the following provisions shall have effect : — (i.) There shall be established in the United Kingdom a Clearing ^f^^^^^'^^ Office under the control and management of such person oace! (hereinafter referred to as the Administrator) as the Board of Trade may appoint for the purpose. In the event of a local office being established in any part of His Majesty's Dominions or in any Protectorate the pro- visions relating to the Clearing Office hereinafter contained 1 10 and 11 Geo. V., cap. 6. ^ 53 and 54 Vic. cap. 37. 313 314 TKEATY OF PEACE (AUSTRIA) ORDER, 1920 App. II. Prohibition to pay or accept enemy debt otherwise than through Clearing Office. Proceedings for recovery oi enemy debt prohibited. Clearing Office empowered to recover enemy debts. Clearing Office empowered to recover tines. Kefusal of creditor to give information. shall apply thereto for the purpose of the functions authorised to be performed by a local clearing office under paragraph 1 of the Annex to Section III. of Part X. of the Treaty. (ii.) It shall not be lawful for any person to payor accept payment of any enemy debt except in cases where reco\ery thereof in a court of law is allowed as hereinafter provided, otherwise than through or by leave of the Clearing Office (which leave may be granted subject to such conditions including conditions as to the payment of fees, as the Clearing Office may think fit to impose), and no person interested in any such debt as debtor or creditor shall have any communications with any other person interested therein as creditor or debtor except through or by leave of the Clearing Office, and if any person contravenes this provision he shall be guilty of an offence and liable to be proceeded against and punished as if he had been guilty of the ofience of trading with the enemy, and Section 1 of the Trading with the Enemy Act, 1914,^ shall apply accordingly, (iii.) It shall not be lawful for any person to take proceedings in any court for the recovery of any enemy debt except in the cii'cumstances provided under paragraphs IG, 23 and 25 of the Annex to the said Section III, (iv.) The Clearing Office shall have power to enforce the payment of any enemy debt against the person by whom the debt is due, together with such interest as is payable under paragraph 22 of the Annex to the said Section III., and for that purpose shall have all such rights and powers as if they were the creditor : and if the debt has been admitted by the debtor or the debt or amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal or by a court of law in manner provided by paragraph 16 of the Annex to the said Section III. the Clearing Office may certify the amount so admitted or found due together with such interest as aforesaid, and on production to the proper officer of the Supreme Court of the part of His Majesty's Dominions or the Protectorate in which the debtor resides of such certificate, the certificate shall be registered by that officer and shall from the date of such registration be of the same force and effect, and all the proceedings may be taken thereon, as if the certificate were a judgment obtained in that court for the recovery of a debt of the amount specified in the certificate and entered upon the date of such registration, and all reasonable costs and charges attendant upon the registration of such certificate shall be recoverable in like manner as if they were part of such judgment. (v.) It shall be lawful for the Clearing Office to recover from any person by whom a fine is payable under paragraph 10 of the Annex to the said Section III. the amount of such fine. (vi.) If any ci-editor refuses or fails to give such notice or to furnish such documents or information as are mentioned in paragraph 5 of the Annex to the said Section III. he shall, on summary conviction, be liable to a fine not exceeding ten pounds. 1 4 and 5 Geo. V., cap. 87. TREATY OF PEACE (AUSTRIA) ORDER, 1920 315 (vii.) If any person collusively gives notice of or admits any debt App. II. which is not due or furnishes any false information with CoUusive claim, respect to any debt, he shall, on summary conviction, be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three mouths or to both such imprisonment and fine, (viii.) If His Majesty so agrees with any of the other Allied or fje^^ydebts Associated Powers, the provisions of this Order, so far as to apply to they relate to enemy debts, shall apply to debts due to or other'AiUed from the nationals of that Power resident in any part of His Powers. Majesty's Dominions or Protectorates in like manner as they apply to debts due to or from British nationals so resident, (ix.) All property, rights, and interests within His Majesty's pr,fpfrty°of Dominions or Protectorates belonging to nationals of the nationals of former Austrian Empire at the date when the Treaty came F?nipirein into force (not l^eing property, rights, or interests acquired ,^j"j.espeft°o^*'''^ under any general licence issued by or on behalf of His claims of Majesty), and the net proceeds of their sale, liquidation, or natiomis in other dealings therewith, are hereby charged — respect of their (a) In the first place, with payment of the amounts due temtory r!f in respect of claims by British nationals (other than British Em'pfre^"^*"*" nationals ordinarily resident in the self-governing Dominions, India and Egypt) with regard to their property, rights, and interests (including companies and associations in which they are interested) in the territories of the former Austrian Empire, or debts owing to them by Austrian nationals, and with payment of any compensation awarded by the Mixed Arbitral Tribunal, or by an arbitrator appointed by that Tribunal in pursuance of paragraph (e) of Article 249 of the Treaty, and with payments of claims growing out of acts committed by the former Austro-Hungarian Govei-nment or by any Austrian authorities since the twenty-eighth day of July, and before the twelfth day of August, nineteen hundred and fourteen ; and (b) Secondly, with payment of the amounts due in respect of claims by British nationals (other than British nationals ordinarily resident in the self-governing Dominions, India and Egypt) with regard to their property, rights, and interests in the territories of German}', Hungary, Bulgaria, and Turkey, in so far as those claims are not otherwise satisfied : Provided that any particular property, rights, or interests so charged may at any time be released by the Administrator, acting under the general direction of the Board of Trade, from the charge so created, (x.) With a view to making effective and enforcing such charge ^^k'^figeffec'-'' as aforesaid tive the above (a) The Administrator shall have such powers and duties proplrty"of as are hereinafter provided. to-m°eTAustr\an (b) No person shall, without the consent of the Adminis- Empire, trator, acting under the general direction of the Board of Trade, transfer, part with, or otherwise deal in any property, right, or interest subject to the charge, and if he does so, he shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not 316 TKEATY OF PEACE (AUSTRIA) ORDER, 1920 App. II. exceeding three months or to both such imprisonment and fine. (c) Every person owning or having the control or manage- ment of any property, right, or interest, subject to the charge (inchiding where the property, right, or interest consists of shares, stocks, 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 par- ticulars thereof have already been furnished to the Custodian in accordance with the Trading with the Enemy Acts, 1914 to 191(S, within one month from the date of the making of this Order by notice in writing communicate the fact to the Administrator and shall furnish the Administrator with such particulars in relation thereto as the Administrator may require, and if any person fails to do so or furnishes any false information he shall on summary conviction be liable to a fine not exceeding one hundred pounds. {(l) Where the pi'operty charged consists of inscribed or registered stock, shares, or other securities, any company, municipal authority, or other body by whom the securities v/ere issued or are managed shall, on application being made by the Administrator, notwithstanding any regulation or stipulation of the company or other body, and notwithstand- ing that the Administrator is not in possession of the certificate, scrip, or other document of title relating to the shares, stock, or securities to which the application relates, enter the Administrator in the books in which the securities are inscribed or registered as the proprietor of the securities subject to the charge, and the Administrator shall have power to sell or otherwise deal with the securities as pro- prietor of which he is so registered or inscribed. (e) Where the property charged consists of property transferable on delivery, any person having the possession, control, or management of the property 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. (/) The Board of Trade may by order ^'est in the Adminis- trator any property, right, or interest subject to the charge, or the right to transfer the same, and for that purpose Sub-sections (1) to (4) of Section IV. of the Trading with the Enemy (Amendment) Act, 1916,* shall apply as if property, rights, and interests subject to the charge were property belonging to an enemy or enemy subject, and as if for references to the Custodian therein there were substituted references to the Administrator. (g) The court may on the application of the Adminis- trator require any person known or suspected to have in his possession or under his control any property, right, or interest subject to the charge, including any person known or suspected to owe a debt to a national of the former Austrian Empire or any person whom the court may con- sider capable of giving information with respect to the same, 1 5 and 6 Geo. V., cap. 105. TEEATY OF PEACE (AUSTRIA) ORDER, 1920 317 subject to payment or tender of reasonable expenses of his App. II. attendance, to attend as a witness and to give evidence or produce documents before the court or before such officer as the court may appoint for the purpose of examining into the matter, who shall have power to take evidence and administer oaths, and if any person fails without reasonable excuse to comply with any of the provisions of the order or wilfully gives false evidence he shall on summary conviction be liable to a fine not exceeding one hundred pounds or to imprison- ment for a term not exceeding three months or to both such imprisonment and fine. For the purposes of this paragraph "the court" means the High Court or a judge thereof, or a county court, or in Scotland the Court of Session or a sheriff court. (h) If any person called upon to pay any money or to transfer or otherwise to deal with any property, rights, or interests, has reason to suspect that the same are subject to such charge as aforesaid, he shall before paying, transferring, or dealing with the same report the matter to the Adminis- trator and shall comply with any directions that the Administrator may give with respect thereto, (xi.) There shall be paid to the Administrator such surplus fj^^^^'^f''''^^^^ proceeds of property, rights, and interests charged under plus of proceeds Section 1 (xvi.) of the Treaty of Peace Order, 1919,i as charged under may be allocated in accordance with Article 1 (xvi.) (h) of Section i (xw.) that Order to the payment of amounts due in respect of peace order, claims by British nationals with regard to their property, ^^i^- rights, and interests in the territories of the former Austrian Empire, (xii.) The Administrator shall, as respects property vested in or Administrator's transferred to him under this Order, have all the rights and respect of powers conferred upon or exercisable, as respects property EI wm^by'this'^ vested in him, by a trustee in bankruptcy, whether with or Order. without the permission of a committee of inspection or the leave of the court. (xiii.) The Administrator shall apply the sums received by him Applications of m satisfaction of the claims, debts, and compensation Administrator. mentioned in Sub-section (ix.) of this Article, (xiv.) The Clearing Office and the Administrator may, subject to Rules may be the approval of the President of the Board of Trade, from clearing office time to time make, revoke, or vary general rules, and may by 'i"/ ■ ■ ^^ . , , '., . ' . -^ ° _ _ ' J ./ Administrator such rules prescribe forms for carrying into effect the provisions of this Order, and prescribe the time (not being less than six months after the coming into force of the Treaty) within which proofs of claims, in order to rank, must be made and the manner of making and proving the same, (xv.) There shall be attached to the Clearing Office, and the ckaring°office. Administrator shall be assisted by, such officers and servants as the Board of Trade, subject to the consent of the Treasury, may determine, and there shall be paid to the Administrator and to such officers and servants such salaries or other re- muneration as the Treasury may determine. 1 S.R. and 0., 1919, No. 1517. See supra, p. 309. 318 TREATY OF PEACE (AUSTRIA) ORDER, 1920 App. II. Commission retained out of mioncy collected by Cleariug Office. Proceedings by Cleariug Office. Orders of Clearing Office to be received in evidence. Certificate of Administrator. Documentary Evidence Act, ISiJS, applicable to Clearing Office. Decisions of Mixed Arbitral Tribunal to be final. Administrator may conduct case for British national before Mixed Arbitral Tribunal. Order of Secretary of State to compel production of evidence before Mixed Arbitral Tribunal. (xvi.) The Clearing Office, out of the money collected by them, and the Administrator, out of the property, rights, interests or proceeds thereof vested in or collected or received by him under this Order, shall retain such sums as, subject to the consent of the Treasury, the Clearing Office or Adminis- trator may consider necessary to cover risks, expenses, and commissions. (xvii.) Proceedings by and on behalf of the Clearing Office and proceedings by the Administrator may be taken by and in the name of the Administrator, who may by the name of the Administrator of Austrian property sue and be sued, and costs may be awarded to or against the Administrator, (xviii.) Every document purporting to be an order or other instru- ment issued l:)y the Clearing Office and to be signed by the Administrator or by the secretary of the Clearing Office or by any other person authorised by the Administrator, and every document purporting to be an order or other instrument issued by the Administrator and to be signed by him or by any other person authorised by him shall be received in evidence and shall be deemed to be such order or instru- ment without further proof unless the contrary is shown, and in any proceeding by the Clearing Office, or by the Administrator to recover a debt or fine, a report purporting to be signed by the Administrator or any other person authorised by him shall be evidence of the facts therein stated. (xix.) A certificate signed by the Administrator that an order or other instrument purporting to be made or issued by the Cleariug Office or by the Administrator is so made or issued shall be conclusive evidence of the facts so certified. (xx.) The Documentary Evidence Act, 1868,i as amended by any subsequent enactment, shall apply to the Clearing Office and to the Administrator in like manner as if they were re- spectively mentioned in the first column of the Fii'st Schedule to that Act, and as if the Administrator or any person authorised by him to act on his behalf were in relation both to the Clearing Office and the Administrator mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any documents issued by or on behalf of the Clearing Office or the Administrator. (xxi.) All decisions of the Mixed Arbitral Tribunal constituted under Section VI. of Part X. of the Treaty, if within the jurisdiction of that tribunal, shall be final and conclusive and binding on all courts. (xxii.) The Administrator may undertake on behalf of a British national the presentation to and conduct before the Mixed Arbitral Tribunal of any claim, difference, or dispute refer- able to the Tribunal under the provisions of Sections IV., v., and VII. of Part X. of the Treaty, and may make regula- tions with the consent of the Treasury in respect of the fees to be charged in respect of such services. (xxiii.) For the purpose of enforcing the attendance of witnesses before the Mixed Arbitral Triljunal, wherever sitting, whether within or without His Majesty's Dominions, and 1 31 and 32 Vic, cap, ?ee supra, p. 30<*^. TREATY OF PEACE (AUSTRIA) ORDER, 1920 319 compelling the production before the tribunal of documents, App. II. a Secretary of State shall have power to issue orders which shall have the like effect as if the proceedings before the Tribunal were an action in a court and the order were a former process issued by that court in the due exercise of its jurisdiction, and shall be enforceable by that court accord- ingly, and disobedience to any such order shall be punishable as contempt of court. (xxiv.) The time at which the period of prescription or limitation of ^•escy'.tio'jf ''^ right of action referred to in Article 252 of the Treaty shall suspended by begin again to run shall be at the expiration of six months rj!uu torun!" after the coming into force of the Treaty, and the period to I'eriod allowed be allowed within which presentation of negotiable instru- negoUabiT^^ ments for acceptance or payment and notice of non-acceptance Ji^sti-uments. or non-payment or protest may be made under Article 253 shall be ten months from the coming into force of the Treaty. (xxv.) Rules made during the war by any recognised Exchange or Confirmation Commercial Association providing for the closure of con- associations as tracts entered into before the war by an enemy and any '^''. °'°'*"*"® °'^ action taken thereunder are hereby confirmed subject to the contracts. provisoes contained in paragraph 4 (a) of the Annex to Section V. of Part X. of the Treaty. (xxvi.) There shall be imposed on rights of industrial, literary, or ^^^^^^ of ""^^ ""^ artistic property (with the exception of trade marks) acquired industrial and before or during the war, or which may be acquired here- property after, by or on behalf of Austrian nationals, such limitations, ^'cquiredby conditions or restrictions as the Board of Trade ^ may. prescribe for the purpose, in the manner, in the circumstances, and subject to the limitations, contained in Article 258 of the Treaty, and any transfer in whole or in part or other dealing with any rights so acquired as aforesaid effected since the twenty-eighth day of July, nineteen hundred and fourteen, shall, if and so far as it is inconsistent with any limitations, conditions, or restrictions so imposed, be void and of no eff'ect. (xxvii.) So far as may be necessary for the purpose of Article 259 of Restrictions on the Treaty, the Patents, Designs, and Trade Marks (Tempo- Aus\rians to rary Rules) Act, 19U2 [except paragraph (b) of Section 1 ^eS-'"'"^ of the Patents, Designs, and Trade Marks (Temporary Rules) (Amendment) Act, 19^4^], shall in relation to Austrian nationals continue in force, and shall be deemed as from the date when the Treaty came into force to have continued in force, as if references therein to subjects of a State at war with His Majesty included references to Austrian nationals. (xxviii.) The duly qualified tribunal for the purposes of Ai'ticle 262 of ^ "M^'^^^^ar^for the Treaty shall be the Comptroller-General of Patents, purp" ses of Designs, and Trade Marks. ^*- -"-• 2. For the purposes of the foregoing provisions of this Order — Definitions. The expression " enemy debt " has the meaning assigned to it by paragraph 2 of the Annex to Section III. of part X. of 1 As to the Orders aud Rules made by the Board of Trade with reference to British patents and copyrights owned by Austrian and Bulgarian nationals, see infra. Appendices VI. to IX., pp. 345-368. 2 4 and 5 Geo. V., cap. 27. 3 4 .^mj 5 Qgy y^^ ^^p ^-3 App. II. Parts of British Empire where this Order is applicable. When this Order came into force. 320 TKEATY OF PEACE (AUSTRIA) OTiDEPv, 1920 the Treaty, and includes any sum which under the Treaty is to be treated or dealt with in like manner as an enemy debt. The expression " nationals " in relation to any State includes the Sovereign or former Sovereign and the subjects or citizens of that State and any company or corporation incorporated therein according to the law of that State and in the case of a Protectorate nati-\es thereof : The expression " nationals of the former Austrian Empire " does not include persons who, within six months of the coming into force of the Treaty show to the satisfaction of the Administrator that they have acquired ipso facto in accordance with its provisions nationality of an Allied or Associated Power, including those who under Articles 72 or 76 of the Treaty obtained such nationality with the consent of the competent authorities, or who under Articles 74 or 77 thereof acquired such nationality by virtue of previous rights of citizenship. The Interpretation Act, 1889,^ applies for the interpretation of this Order in like manner as it applies for the interpretation of an Act of Parliament, and as if this Order were an Act of Parliament. 3. This Order shall apply to the whole of His Majesty's Dominions and Protectorates, except India and Egypt and the self-governing Dominions, that is to say, the Dominion of Canada, the Common- wealth of Australia (which for this purpose shall be deemed to include Papua and Norfolk Island), the Union of South Africa, the Dominion of New Zealand and Newfoundland, but in its application to the parts of His Majesty's Dominions outside the United Kingdom and to British Protectorates shall be subject to such modifications as may be made by the legislatures of those parts or those Protectorates for adapting to the circumstances thereof the provisions of this Order : Provided that if a local clearing office is established in India or in any self-governing Dominion, the provisions of this Order relating to the Clearing Office shall apply with respect to the relations between the Central Clearing Office and the local clearing oliice, and to transactions on l^ehalf of the local clearing office, which must be effected through the Central Clearing Office or which may be effected by the Central Clearing Office at the request of the local clearing office. 4. This Order shall be deemed to have come into operation as from the date when the Treaty of Peace came into force, that is to say the sixteenth day of July, nineteen hundred and twenty. 5. This Order may be cited as the Treaty of Peace (Austria) Order, 1920. Almeric FitzEoy. 1 52 and .'J3 Vic, cap. (J3. [Here follow Sections III. to VII. of Part X. of the Peace Treaty with Austria.^ APPENDIX III (See supra, pp. 17, 141.) Memorandum of Board of Trade as to the payment of debts owing by A ustrian nationals to British nationals. Board of Trade, Great George Street, London, S.W. 1. October 15, 1920. COMMUNICATION BETWEEN CEEDITORS AND DEBTORS OF BRITISH AND AUSTRIAN NATIONALS. TREATY OF PEACE (AUSTRIA) ORDER, 1920. The Administrator of Austrian Property, pursuant to Section 1 (ii.) of the Treaty of Peace (Austria) Order, 1920, hereby licenses direct communication between British creditors and Austrian debtors with regard to the adjustment of accounts or settlement of pre-war debts, or debts arising out of pre-war transactions or contracts, due by Austrian nationals to British nationals. The draft of the agreement embodying the terms of the proposed settlement must be submitted in duplicate to the Administrator for his approval, and such approval in writing obtained Ijefore any such agreement can be entered into. Apart from the penalties incurred by the breach of this licence, no agreement for the settlement of such debts or claims will be valid or binding on the parties in the absence of such written approval. The Administrator also hereby licenses communication in writing between British debtors and Austrian creditors with regard to pre-war debts or debts arising out of pre-war transactions or contracts, with the sole object of ascertaining particulars of indebtedness between the parties, provided that no proposal or suggestion is made for the payment or settlement of such debts except through the Clearing Offices, and that the party so communicating shall retain true copies of such communications and the original replies thereto and hand the same to the Administrator on demand at any time. Any direct communication outside the scope of this licence is an offence punishable by fine and / or imprisonment. Dated this 15th day of October, 1920. E. S. Grey, Administrator of Austrian Property. Cornwall House, Stamford Street, London, S.E. 1. Board of Trade, Great George Street, London, S.W. 1. October 13, 1920. As a result of discussions which took place in London between the Board of Trade and the Austrian Minister of Finance, the attached 321 21 322 AUSTRIAN DEBTS App. III. memorandum was communicated to the Austrian Government by His Majesty's Representative at Vienna, on August 27. In reph', a note dated October 2 has been received by His Majesty's Representative from the Austrian Secretary of State for Foreign Affairs, of which a translation is given below : "By a note dated August 27, 1920, His Britannic Majesty's Government made known the conditions subject to which Section 3 and the annex thereto of Part X. of the Treaty of St. Germain between the United Kingdom and the British Colonies and Protectorates, with the exception of Egypt on the one hand, and the Austrian Republic on the other, would be applied." '* The Government of the Austrian Republic would accept those conditions with an expression of thanks, and declares it will take the necessary steps to ensure their observance and execution by the Austrian Republic and its citizens in so far as the United Kingdom and India and New Zealand, which have notified their adhesion within the time appointed, are concerned. The Austrian Government, however, takes this opportunity of expressing the hope that still further facilities will be granted to it and to its citizens as regards the settlement of private pre-war debts." His Britannic Majesty's Government having given notice that they adopt Section 3 and the annex thereto of Part X. of the Treaty of St. Germain as between Austria on the one hand and the United Kingdom and the British Colonies and Protectorates, with the exception of Egypt, on the other hand, and being desirous of affording all oppor- tunity to the Austrian Government for the full execution of their obligations thereunder, are prepared to agree that the said Section and annex shall be subject in their application to the provisions set out below. H.M. Government expect that the Austrian Government will agree to accept notice of the adoption of the said Section and annex as between Austria and any of the British Dominions or India if given at any time within a period of one month from the present date. (1) Notwithstanding the provisions of Article 248 (a) of the Treaty of St. Germain, direct communication may be permitted with the consent of the two Clearing Offices between the interested parties with regard to the settlement of debts due by Austrian nationals to British ^ nationals. Such settlements may be permitted with the sanction of the Clearing Offices in each case. The British Clearing Office will be prepared to consider applications made before March 31, 1921, for the release of property, rights, and interests chargeable under paragraph 4 of the annex to Article 249 of the Treaty with a view to the settlement of debts by amicable arrangement, provided that the proportion of the assets so to be releas'ed to the amount of the debts removed by the arrangement from the operation of the Clearing Offices is not such as, in the opinion of the British Clearing Office, will have the effect of reducing the dividend payable from Austrian property subject to the charge to British creditors generally. (2) The proceeds of liquidation of Austrian property, rights, and interests and cash assets of Austrians, within the territories of the British Empire in respect of which notice has been given of the adoption of the Clearing Office system, will be credited to the Austrian Government in the account referred to in paragraph 1 1 of the annex to Article 248. MEMORANDUM OF BOARD OF TRADE 323 Similarly, the proceeds of liquidation of British property, rights, App. III. and interests, and cash assets of British nationals, for which the Austrian Government is liable to account in accordance with the provisions of Section IV. of Part X. of the Treaty of St. Germain, shall he credited to the British Government in this account. Compensation awarded by the Mixed Arbitral Tribunal under paragraph (e) of Article 249 shall also be credited in the same account. (3) H.M. Government expect that the Austrian Government will use its best endeavours to collect the debts due through the Clearing Offices from its nationals to British nationals as promptly as possible. This requirement applies, in the case of debts originally payable in kronen, only to the original amount in kronen of such debts with interest thereon at the rate provided by Section 3 of Part X. of the Treaty. His Britannic Majesty's Government will not require payment of the balances referred to in paragraph 1 of the annex to Article 248 within the periods therein prescribed. In return the Austrian Clearing Office shall pay to the British Clearing Office not later than March 31 and September 30 in each year beginning with the year 1921 the sterling value of the amounts collected from Austrian nationals daring the previous six months, the sum to be paid in each half-year being not less than 250,000 pounds sterling or the sterling equivalent of 140,000,000 kronen, whichever of the two is the greater. Each of the first eight minimum payments to be made may, however, be reduced to the extent of 100,000 pounds or the sterling equivalent of 56 million kronen by the amounts previously paid in cash, direct by Austrian debtors to British creditors in accordance with arrangements sanctioned by the Clearing Offices, and provided out of funds which are not chargeable under the Treaty. Such payments shall continue until the balance against Austria in the account above referred to, with simple interest at 5 per cent., shall have been fully met. The payment to be made by March 31, 1921, shall include the sterling value at the current rate of exchange of the proceeds of liquidation and cash assets of British nationals referred to in Article 249 (h) (1) of the Treaty of Peace. (4) H.M. Government propose that the detailed arrangements for the restitution of British property in Austria should form the subject of a further agreement to be arrived at at the earliest possible date. (5) Subject to the right of the British authorities to refuse permission in any particular case and to the Laws for the time being in force, Austrian nationals will be permitted upon request notified to the appropriate British authority to bid at any sale by auction of their property in the United Kingdom. (6) It is to be understood that none of the above provisions affect the liability of the Austrian Government under the Treaty of Peace in respect of the currency and rate of exchange at which moneys shall be credited through the Clearing Offices. APPENDIX IV (See supra, pp. 103-111.) EULES OF PKOCEDURE OF THE ANGLO-GERMAN MIXED ARBITRAL TRIBUNAL CONSTITUTED UNDER ARTICLE 304 OF THE TREATY OF VERSAILLES. Time for Presentation of Claims. Time for claims and appeals under : Article 297. 1. The time within which claims are to be submitted to the Tribunal shall be as follows : (a) Appeals under Article 296, Annex, paragraph 20. Article 290, ? 20. Within thirty days of the communication of the joint decision of the two clearing offices to the Appellant. (b) Claims under Article 297. Within twelve months from the date of the publication of these rules in the place at which such Claimant is residing, or within six months from the date on which the Claimant learnt that damage or injury had been inflicted on his property, rights, or interests, or within six months from the date on which the Claimant learnt that restitution under Section (/) of the said Article had been made or refused, which- ever period is the longer. (c) Claims under Article 305. Within twelve months of the publication of these rules in the place at which such Claimant is residing, or within twelve months of the date on which the decision was given, or within six months of the date on which such decision came to the knowledge of the Claimant, whichever period is the longer. (d) /% all other eases. Within twelve months from the date of the publication of these rules in the place at which such Claimant is residing, with the exception of those cases provided for in Rule 22 where the limitations of time imposed by these rules are stated not to apply. After the expiration of the times prescribed by this rule, no claim will be accepted without the special leave of the Tribunal. 324 Article 305. All other cases MIXED ARBITRAL TRIBUNAL 325 2. All claims, answers, and other written proceedings must be App. IV. delivered or sent by post to the Tribunal Secretariat, at 21, St. James's of proceedlL'gr' Square, London, S.W. 1, General Rules relating to Written Proceedings. Memorial. 3. The claim shall be typewritten or printed and shall state : daim^"^'^'^ °* (a) The name, nationality, domicile, and address of the Claimant. (b) In cases where the Claimant is not claiming in his own right and on his own behalf, in what right he claims and the name, nation- ality, domicile, and address of the person on whose behalf he is claiming. (c) In cases where the claim is made by a company or body corporate, its name, nature, and domicile and place of incorporation (if any), and the address of its office or chief offices ; and in cases where the claim is made by an association not being a company or body corporate (whether recognised by the law of the country where it is domiciled as a legal entity or not), in addition to the above, the names and nationality of all persons who are partners of such associa- tion or interested therein. (d) Whether the claim is brought against a Government or national, and in the latter case giving the name and last known address of such national, or if such national be a company, body corporate or other association, the address of its chief office, if known, or, if the address of the chief office be not known, of the office of which the address is known to the Claimant, (e) The nature of the claim, the relief sought and, where the relief sought is pecuniary, the amount claimed. (/) Under which article and paragraph of the Treaty the claim is made. {g) The name and address of the solicitor or other authorised representative (if any) of the Claimant. (A) The person to whom, and address at which, all communications are to be sent on behalf of the Claimant. 4. The claim shall be accompanied by a concise statement of the statement of ■'• •' facts and facts and an exhibit of copies of any documents relied upon in support exhibit, thereof. 5. The claim accompanied by such statement and exhibit shall be "Memorial. known and is hereinafter referred to as the memorial. 326 EULES OF PROCEDURE OF ANGLO-GERMAN App. IV. Copies of memorial to be delivered. Receipt and transmission of memorial and copies. Respondent'-s answer. Particulars of answer. " Response." Copies of response to be delivered. Receipt and transmission of response and copies. Respondent's counterclaim. 6. Six true copies of the memorial shall be supplied with the memorial. The memorial shall, unless otherwise agreed by the parties and permitted by the Tribunal, be in English ; and if the memorial be not in English, it shall be accompanied by an English translation and at least three of the copies shall be copies of such translation. 7. On receipt of the memorial and the six copies thereof, the Secretariat will acknowledge such receipt to the Claimant, and will transmit one copy to the Government Agent of the Claimant and two copies of the memorial to the Government Agent of the Respondent. Such last-mentioned Agent shall acknowledge the receipt thereof to the Secretariat and shall cause one copy of the memorial to be served on the Respondent. 8. Except in cases provided for in Rule 35 (a), the receipt of the memorial by such Agent shall be sufficient notice to the Respondent of the claim made against him, and the Respondent shall, within sixty days after the receipt of the memorial by such Agent, present his answer to the Tribunal. If no answer be presented, the case may be proceeded with in the absence of the Respondent as provided in Rule 33. Response. 9. Rule 3 (ft), (b), (c), (g), and (h), and Rule 4 shall apply mutatis mutandis to the answer ; and in addition the Respondent must in his statement of facts accompanying the answer, if he desires to dispute the allegations in the memorial, expressly deny or otherwise answer or explain the same. Any facts not dealt with by the Respondent will be treated as admitted. The answer shall be accompanied by an exhibit of copies of documents relied on. 10. The answer accompanied by such statement and exhibit shall be known as and is hereinafter referred to as the response. 11. Six time copies of the response shall be supplied with the response to the Tribunal and the provisions of Rule 6 shall apply to the response. 12. On receipt of the response and the .six copies thereof, the Secretariat will acknowledge such receipt to the Respondent and M'ill transmit one of such copies of the response to the Claimant (who shall acknowledge the receipt thereof to the Secretariat), and one to the Government Agent of the Claimant and one to the Government Agent of the Respondent. 13. Should the Respondent desire to make a claim against the Claimant, he must do so by a separate claim and not by a counter- MIXED AEBITRAL TRIBUNAL 327 claim, ]:>ut the Tribunal may, if it thinks fit, hear both claims at the App. IV. same hearing. 14. — ((t) If the Respondent objects to the jurisdiction of the Tri- ^"xribunT bunal to entertain the claim or any part thereof, he shall specifically Re^pondeS take such objection in his answer, and the Tribunal may, if it thinks fit, consider and decide the point before further dealing with the case. (b) If the Tribunal should be of opinion that under the provisions of the Treaty its jurisdiction may be excluded, or if a Respondent objects to the jurisdiction of the Tribunal to entertain the claim or any part thereof, the Tribunal, may, if it thinks fit, require the party raising this objection to satisfy the Tribunal that its jurisdiction is excluded, or may require evidence on the point to be forthcoming from an expert of the law of the country concerned, or may make such other order as may seem just, and may, if it thinks fit, adjourn the case until such evidence has been obtained or until the order has been carried out. (c) It shall be the duty of the respective Government Agents to inform the Tribunal if they have grounds for believing that the juris- diction of the Tribunal is excluded. Reply and Rejoinder. 15. If the Claimant desires merely to deny the facts alleged in the Reply by J J ° ^ Claimant. response it is not necessary for him to present a reply, but, if the Claimant desires to answer the facts alleged in the response otherwise than by way of denial, a reply must be sent to the Tribunal within thirty days from the receipt of the response by the Claimant, who shall with the reply supply six copies thereof to the Tribunal. The Secre- tariat will acknowledge receipt thereof to the Claimant and will transmit one copy of the reply to the Respondent, who shall acknowledge the receipt thereof to the Secretariat, and one copy to each of the Government Agents. Except in such cases, no reply shall be allowed. If the Respondent desires merely to deny the facts alleged in the Rejoinder of . . Respondent. reply it is not necessary for him to present a rejonider, but it the Respondent wishes to answer the facts alleged in the reply otherwise than by way of denial, a rejoinder must be presented to the Tribunal within thirty days from the receipt of the reply by the Respondent, who shall with the rejoinder supply six copies to the Tribunal. The Secretariat will acknowledge the receipt thereof to the Respondent and will transmit one copy of the rejoinder to the Claimant and one copy to each of the Government Agents. 328 EULES OF PEOCEDUEE OF ANGLO-GEEMAN App. IV. Except in such cases no rejoinder shall be allowed and no further written proceedings after the rejoinder shall be allowed, other than the written argument provided for by Eule 28, except by special leave of the Tribunal. The provisions of Eule 6 shall apply to the reply and to the rejoinder. Joint Claims and Joinder of Parties. Joint claims. 16. Where two or more persons are jointly interested in the same claim, they shall present a joint claim, and where the relief sought is sought against two or more persons jointly, the claim shall be made against them jointly. ciitoanfat*^''^ 17. — («) If the Eespondcut contends that any person not joined as Respondent Claimant ought to be so joined in accordance with the preceding rule, he may within twenty days of receipt of the memorial send in, in duplicate, a notice to the Secretariat naming such person and requiring the Claimant to join such person as Claimant and stating the reason why he requires such joinder. The Secretariat will forward such notice to the Claimant, who shall within thirty days from the receipt thereof state whether he consents to and will effect such joinder, in which case all proceedings shall be stayed until it is effected, or whether he refuses or is unable to effect such joinder, stating his reasons for such refusal or inability. {b) If the Claimant consents to and is willing to effect such joinder, the written consent of the person to be joined shall be sent to the Tri- bunal within twenty-one days, and the Secretariat shall thereupon amend the memorial by adding the names of such person as Claimant, and notice of such joinder will be sent to the Eespondent and the Government Agent of the Claimant and Eespondent, and all further proceedings shall be continued as if such joinder had been made from the commencement. (c) If the Claimant fails to answer the notice as provided by Eule 17 (a) or refuses or states that he is unable to effect such joinder or if the written consent is not sent as provided by Eule 17 (b), notice thereof shall be given by the Secretariat to the Eespondent, who may within ten days apply to the Tribunal to stay all proceedings until such joinder be effected. The Secretariat shall give notice of such application to the Claimant, and such application shall be heard by the Tribunal on a date to be fixed by the Tribunal not less than fourteen days after notice of such application has been sent to the Claimant. MIXED AEBITRAL TRIBUNAL 329 18. If the Tribunal is satisfied that any person refuses to join as •^PP- ^V. Claimant, although he ought to join, the Tribunal may allow the case refusal to join 1-1 1 • • T 1 -1 1 m -1 other Claimant. to proceed without such joinder, but in that case the Tribunal may refuse to entertain any claim in the future by such person with respect to the subject-matter of the claim in the presenting of which he ought to have joined. 19. If any person proceeds against some only of the persons jointly ^^f^'}^^^^^^ liable to him on the same claim and the Tribunal decides the case Q^"^aiit ^"^'^ whether in favour of or against the Claimant, the Tribunal may refuse to entertain any claim in the future by such person against the other person or persons so jointly liable. 20. — (a) If a Respondent contends that some other person who is 1?^^*^^°^ qu. not joined as Respondent is jointly liable with him to answer the ^f ft'^espondeutf claim, he may within twenty days after the receipt of the memorial send a notice to the Secretariat that he requires such person to be joined as Respondent, giving his name and address, and stating the reasons why he requires him to be joined ; and with such notice shall send a sufficient number of copies to enable the Secretariat to send one to the Claimant and to each of the persons whom the Respondent requires to be joined. The Secretariat will thereupon send such notice to the Claimant and to each of the persons named by the Respondent, and the Claimant and each of the said persons shall reply within ten days whether they consent to such joinder or not. In the event of the Claimant and each of such persons consenting to the joinder, the Secretariat will amend the memorial by adding them as parties, and the Claimant shall cause copies of the memorial to be served on each of such persons, and all future proceedings shall be continued as if such joinder had been made fi-om the commencement. (6) If either the Claimant or any of such persons do not consent to the joinder within ten days, the Secretariat shall notify the Respondent accordingly, and the Respondent may within ten days apply to the Tribunal to stay all proceedings until such joinder be effected. The Secretariat shall give notice of such application to the Claimant and such other person or persons, and such application shall be heard by the Tribunal on a date to be fixed by the Tribunal not less than fourteen days after notice of such application has been sent to the Claimant and such person or persons as aforesaid. 21. — (a) If any person not being a party claims to have a legitimate ^°|^^®'^°^ interest in prosecuting or resisting the claim, he may apply to the Rg!jj^jj^g,"t ^^ Tribunal to be joined as claimant or respondent as the case may be, iiis own request. 330 EULES OF PEOCEDURE OF ANGLO-GEEMAN App. IV. or to be allowed to intervene in the case in such manner as the Tribunal may direct. (?>) If a Eespondent contends that he is entitled to some right over against some other person in reference to the claim brought against him, he may give such person notice of his claim against him and at the same time serve him with a copy of the memorial. Such person may thereupon apply to the Tribunal to be joined as Respondent or to be allowed to intervene in the case in such manner as the Tribunal may direct. If such person does not intervene and the Tribunal should be of opinion at the hearing that there are grounds for coming to the conclusion that the Eespondent may succeed in his claim against such person, the Tribunal may, if it decides in favour of the Claimant, stay execution in order to enable the Eespondent to prosecute his claim against such person upon such terms as to security and otherwise as the Tribunal may think just. Special Rules for Particular Cases. Special rules 22- lu addition to the above general rules, the following rules shall as to : be observed in the under-mentioned cases : (1) Cases under Article 305. Application to The pcrsou alleging that he is prejudiced by the decision shall be ti.m Tribunal ^\^q Claimant and the other party to the cause or proceeding in which against decision l j j. o of local Court, ^-j^g dccision was given or, if there be no such party, the Government shall be Respondent. The claim shall be accompanied by a copy of the decision and shall state in what respect the decision is impugned, with which Section or Sections of the Treaty it is alleged to be incon- sistent and in what respect and what relief is claimed. The Claimant may also accompany his claim by copies of any essential written pro- ceedings of the case in which the decision was given, authenticated in the manner prescribed by the law of the country to which the Court belongs. The Tribunal may of its own motion require the record of the Court to be transmitted to the Tribunal and it shall then be open to the inspection of the parties and their agents. (2) Appeals tmder Article 296, Annex, paragraph 20. Appeal from The Appellant shall be Claimant, and the party in whose favour joint decision , ^ n i -r-> oi both ciearii g the dccision was gfiven and the two clearing offices shall be Respondents. offices. ^ O i. The claim shall state the grounds of the appeal and shall be accom- panied by a copy of the decision appealed against and of all documents in the possession of the Claimant relevant to the case, and by a reasoned argument by the Claimant in support of his appeal. Together MIXED ARBITRAL TRIBUNAL 331 with the claim and documents, three copies thereof shall be supplied App. IV. to the Tribunal, and the Claimant shall serve copies thereof on the opposite party and the Agents of the two clearing offices. The Agent of the clearing office of which the Respondent is a national shall within thirty days of receipt of the claim supply to the Tribunal four copies of all documents relating to the case which are in his possession or power, unless the Claimant has already supplied them with his claim, and a statement of any facts found by the clearing offices. In addition, the Respondent or the clearing offices may supply a reasoned argument in writing in support of the decision of the two clearing ofl&ces. Any of the parties (including the Agents of the clearing ofiices) may apply to the Tribunal to hear arguments before it, ])ut in the absence of such application the Tribunal shall be at liberty to determine the case on the written proceedings without further argument, or to notify to the parties if it desires to hear an argument. The Secretariat on receipt of the claim shall inform the Claimant what is the amount of deposit to be paid or security to be given, and such deposit shall be paid or security given within ten days, and in default the claim may be dismissed. (3) Cases under Article 296, Annex, paragraph 16. Where cases are referred to the Tribunal under the above provision, Application ■where the two the procedure laid down elsewhere in these rules shall not apply. The clearing offices _ '^ '^ or the enemy parties shall present a case iointly to the Tribunal, or each may present debtor and '■ ^ J J ' ^ i. creditor dis- a case separately. In either event the contentions of the parties shall ^s'"®^- be set out in the case or cases, which shall be accompanied by all relevant documents. Six true copies of the case or cases and documents shall be prepared and lodged with the Secretariat. The matter will be determined by the Tribunal as laid down by Article 296, Annex, para- graph 18. The limitations of time imposed by these rules shall not apply to such cases ; but where the two clearing offices are unable to agree whether a debt claimed is due, or in case of a difference between an enemy debtor and an enemy creditor or between the clearing offices, and the parties to the dispute do not desire to present a case jointly, either clearing office may, within ten days after giving notice to the other clearing office of such intention, refer the case to the Tribunal under the conditions provided for by Article 296, Annex, paragraph 16. The enemy creditor or the enemy debtor may similarly, after giving twenty days' notice to the two clearing offices, refer the case to the Tribunal, unless the case shall have been referred to the Tribunal meanwhile by the clearing offices or either of them. The case shall 332 RULES OF PROCEDURE OF ANGLO-GERMAN App. IV. proceed as if it had been refeiTed to the Tribunal by the clearing offices. Close of Written Proceedings. Close of written 23. Thc Secretariat will inform the respective Government Agents proceedings. ° and parties when the written proceedings are closed. Oral evidence. 24.— («) Within twenty days after the date of the notice that the written proceedings are closed, the parties shall send to the Secretariat a statement of the witnesses, if any, whose testimony they desire, giving in each instance the name, nationality, occupation, and address of such witness, and stating whether the party desires that the testi- mony of such witness shall be given at the hearing of the case or whether it is desired that the evidence shall be taken upon commission, and shall at the same time furnish all parties and the Government Agents with a copy. The Tribunal will thereupon determine whether the evidence shall be taken on commission or will make such other order as seems fit. The Tribunal will before making an order hear any party or Government Agent who may desire to be heard on the matter on his forthwith applying to be heard, and will fix a date for all parties to be heard if they desire. hlard bT (^) Where the Tribunal orders that the witness shall be heard at the hearing, the Government Agents shall be responsible for summoning the witness in accordance with the method applicable in each case unless the Tribunal otherwise directs. Travelling expenses and sub- sistence money must be supplied to the witness at the expense of the party at whose instance he is summoned. The amount of the same will be fixed by the Tribunal, and must be paid in advance to the Secretariat. If the subsistence money so paid should prove insufficient, the party at whose instance the witness was summoned must pay any further amount necessary, otherwise the witness will be allowed by the Tribunal to depart. (c) Where the Tribunal directs that evidence shall be taken on commission the evidence shall be returnable to the Tribunal and copies shall be supplied by the Secretariat to any party or either Government Agent or any other person interested, and in the opinion of the Tri- bunal entitled to the same, on application and payment. f^rtd^nce'!*^'^^ (^^) Where it is desired that books, documents, or other objects in the possession or power of any person should be produced for the use of the Tribunal, application may at any time after the close of the written proceedings be made to the Tribunal to obtain their production. The Tribunal will thereupon, if it thinks fit, endeavour to obtain possession Tribunal. Evidence taken on commission. MIXED ARBITRAL TRIBUNAL 333 of such books, documents, or other objects by direct request addressed App. IV. to such person, and, if such request is not complied with, will take such other steps as may be requisite and desirable to ensure production. Books, documents, or other objects so coming into the custody of the Tribunal shall, if the Tribunal thinks fit, be open to inspection by such persons and at such times as the Tribunal shall direct. 25. Should a party or either of the Government Agents desire to inspection of . . documents by inspect any books or documents in the possession, power, or control of parties. any party or of either Government Agent, he shall make application to that party or Agent to produce such books or documents for inspec- tion ; and if such production is refused, application therefor may be made to the Tribunal upon ten days' notice being given to that party or Agent, and the Tribunal may make such order thereon as it thinks fit. 26. The Tribunal may of its own motion at any stase of the Tribunal ■^ '-' may require proceedings require evidence on any point. evidence. 27. The Tribunal maj^ of its own motion at any stage of the pro- ceedings require any party or either Government Agent to produce any book or document before it, or to allow any person designated by the Tribunal to examine and take extracts from any book or document in the possession of such party or Agent. 28. If in cases other than those under Article 296 any party or Reasoned i ./ argument in either of the Government Agents desires to submit a reasoned arsu- writing ° ® submitted to meut in writing, be may do so at any time after the written proceed- Tribunal, ings are closed, and not less than ten days before the date fixed for the hearing of the case, but such argument in writing shall be based only on facts alleged in the memorial, response, reply, or rejoinder. The submission of such written argument shall not preclude the parties or Agents submitting it from also adducing oral argument. The Tribunal reserves the right, if it shall think fit, to require in addition oral argument in cases where only written argument has been submitted. 29. The President will on the conclusion of all preliminary matters Time and place ■•■ "^ of hearing fix the date and the place of hearing, and the Secretariat will inform fi-^ed. the respective Government Agents and parties of his decision. 30. The hearing shall be in public, and the parties shall either by f^°°ife^a"^ -i i i ii i • i give evidence compelled to givc evidence unless the iribunal shall have given leave except in '^ . . , special cases, for such witness to be summoned or to give evidence or unless the Tribunal shall have required of its own motion that such party shall attend and give evidence. Evidence not on (/>) No oath shall be required from or administered to any witness before the Tribunal or on any Commission ordered by the Tribunal, unless the Tribunal otherwise directs. Tribunal may 32. The Tribunal may at any stage of the proceedings obtain a obtain report. . , . ^ , ^ , report from any person on any particular point, such person to be agreed upon by the parties or in default of agreement to be appointed by the Tribunal. The Tribunal may view any premises, locality, or object if it deem such a view necessary. Default of 33- If any party fail to appear, the case may be proceeded with in part'y.'^'"^°^ "^ his abscuce, but the Agent of the Government of such party may in- tervene and himself take up the case, and the Tribunal may on the application of such Agent or on its own motion adjourn the case. Either Govern- 34. It shall be permissible for either Government to conduct the ment may conduct case of q^sc of its national through its Agent, and such Agent may api)ear its national. ° " _ " either in person or by counsel or other recognised advocate. luther Agent may also appear independently of the parties by himself or by counsel or other recognised advocate, and may intervene in the pro- ceedings in such manner and at such time as the Tribunal may direct. Failure to serve 35 — (^A jf ^he Government Agent of the Respondent after making memorial. ' ' 01 o all reasonable efforts shall be unable to cause the memorial to be MIXED ARBITRAL TRIBUNAL 335 served upon the Respondent as provided by Rule 7 at the expiration of -^^PP- ^^• 21 days from the receipt of the memorial by such Agent, he shall forthwith report such failure to the Secretariat, giving the reasons for such failure and stating the steps he has taken to effect service, and the Secretariat shall inform the Claimant that the Respondent has not been served. (b) On the application of the Claimant, the Tribunal may there- upon, if it thinks fit, allow the claim to be proceeded with or may make such other order in the matter as it thinks fit. The Government Agent of the Respondent shall be entitled to intervene on such appli- cation being made, and the Claimant shall give ten days' notice to such Agent of such application. 36. If at any stage of the proceedings a party requires to prove ^r'^^^^ute^.^'"'* any specific fact it shall be open to the party to give a notice to the ^''°'- other party to admit or dispute such fact. If the party to whom notice is so given disputes the fact, and such fact is subsequently established, the Tribunal may in its discretion order the party who had disputed such fact to pay the costs of proof and any other costs occa- sioned thereby, whatever may be the result of the case, provided always that any such admission shall only be binding upon the parties. 37. Where a claim is made against either Government, and such f^gioJ of"" °^ claim is admitted by the Government in question, it shall be competent Government* ^ to the parties to agree upon a form of decision setting out with suffi- cient detail the claim which is admitted and the payment and restitu- tion or other remedy or relief agreed upon, and to submit the same to the Tribunal, who, if it thinks fit, and if the Government Agent of the national claiming has not objected, will register the same as a decision, and the same shall, when registered, be deemed for all purposes to be a decision of the Tribunal : Provided that the Tribunal will not register any such decision unless the Government prove that he has submitted a true copy of the same to his Government Agent at least ten days previously. The same procedure with any necessary modification may be adopted where the claim is made against a national of either Government, provided that in such a case the Agent of neither Government has objected, and it is proved to the satisfac- tion of the Tribunal that the respective Government Agents have had true copies of the form of decision submitted to them at least ten days previously, 38. If in any case the parties agree upon the facts and desire the fase'cn agreed determination of the Tribunal on those facts, they shall submit an ^*'^*^- ao^reed statement of facts to the Tribunal, and it shall be competent to 336 RULES OF PROCEDURE OF ANGLO-GERMAN App. IV. the Tribunal, with or without argument, according to the desire of the parties, to determine the questions at issue, provided that the Tribunal may in any case require arguments to be presented to them : Provided also that in all cases the assent of the Government Agents, in writing, to the correctness of the facts as stated shall be obtained, except where the claim is against a Government. Decision of Tribunal. Power of Tribunal to correct slips in orders. Stay of execution. Proof or receipt of notices, etc. Decision. 39. The decision of the Tribunal will in all cases be drawn up in writing and registered, and copies thereof will be sent by the Secre- tariat to the parties and Government Agents. The decision will also deal with costs and expenses. 40. The Tribunal reserves to itself the power to correct an error in any decision or other order arising from a slip or accidental omission, or to explain any ambiguity or other doubtful expression appearing in the decision. It shall be open to the parties or to the Government Agents to give notice of application to the Tribunal for any such correction or for any such explanation, within thirty days of the publication of the decision. No such application will be heard after the expiration of that period. 41. The Tribunal reserves the right to stay execution on its decisions in any case where it appears proper to do so. 42. — {(t) The Tribunal may require to be satisfied that all notices and communications prescribed by these Rules have been duly received. The production of a receipt from the postal authority of the posting of a registered postal packet shall be conclusive evidence of the receipt of a notice or communication by the person to whom it is addressed until the contrary is proved. In cases in which delivery by registered post is not practicable, heavy books and documents may be sent by ordinary post and unregistered or by public carrier, and, on proof of such posting or delivery to such carrier, the books or documents shall be deemed to have been received by the person to whom they were addressed, unless and until the contrary is proved. (I)) All communications to the parties shall be delivered at or sent to the address and to the person named by them as provided by Rule 3 (/i). (c) If service or delivery as above provided should prove im- practicable, the Tribunal will, upon application, give such directions as it may think fit, or may dispense with services. MIXED ARBITRAL TRIBUNAL 337 43. In cases where any person is not residing in Europe, the App. IV. additional time taken for any postal communications to reach or to umfin^prciai arrive from the country in which isuch person is residing shall not be '^'*^°^" taken as included in the time prescribed by these rules ; and further time may be granted on the application of any party where, owing to difficulties of communication or other good cause, such extension appears desirable. Party shall include any person who has intervened in or has been allowed to take part in the case. 44. The proper expenses of witnesses will be allowed, and may be ^^.p®^^®^ °^ advanced by the Tribunal if called in pursuance of its order. 45. The Tribunal will permit amendments of written proceedings, T^bunai to extensions of time, and grant other dispensations from these rules in all f^|"and"tfr^'^ such cases as may be necessary in the interests of justice and equity, ruils*^^*'^ and the Tribunal reserves power from time to time to alter, abrogate, or add to these rules as experience may require. 46. These rules are supplemental to the rules of procedure relating to the Mixed Arbitral Tribunal laid down in Sections III. to VII. of Part X. of the Treaty, and must be read in conjunction with such rules of procedure. BOREL, President. R. E. L. Vaughan Williams. Zacharias. September 4, 1920. 22 APPENDIX V (See siqmi, pp. 20, 2G, 34, 237, 247.) The following sjKcial agreement behveen the British and German Govern- ments has been made with reference to three matters arising under Article 297 of the Treaty of Versailles, namely : First : The establishment of Departments in London and Berlin for the settlement of matters relating to inoperty, rights, and interests ; Secondly : The steps to be taken for the recovery of property, rights, and interests, which belong to British subjects and have been subjected to " exceptional war measures " in Germany ; and Thirdly : The release to the amount of £500 by the British Govern- ment from the charge {to lohich all German piroperty in the United Kingdom is subject by virtue of Section 1 (xvi.) of the Treaty of Peace Order, 1919) of furniture and trade implements in the United Kingdom, which belong to German nationals whose income does not exceed £iOO per annum. AGEEEMENT BETWEEN THE BRITISH AND GERMAN GOVERNMENTS RESPECTING ARTICLE 297 OP THE TREATY OF VERSAILLES OF JUNE 28, 1919 {PROPERTY, RIGHTS, AND INTERESTS)." London, December 31, 1920. App. V. The Government of His Britannic Majesty and the German Government, with a view to the settlement of certain matters arising under Article 297 of the Treaty of Peace between the Allied and Associated Powers and Germany signed at Versailles on June 28, 1919, have agreed as follows : — Article 1. '^tP?5'*T'^'?*f The Departments established in the United Kinedom and Germany estabhshed for -c^ o ./ relating matters f qj, ^^iQ settlement of matters relating to propertj', rights, and interests property ^^'^^^ mutually appoint a representative or representatives in Berlin and London, through whose intervention communications may be exchanged between the respective Departments. These representa- tives will constitute in London and Berlin respectively offices which shall be established at the earliest possible date. 338 RIGHTS AND INTERESTS 339 Article 2. App. v. Property, rights, and interests in Germany of British nationals fuvectcd'to^'^*^ which have been subjected to exceptional war measures, but have not ^^ar^fneasures been completely liquidated, shall be restored to them immediately b^ i'mmediatdy upon application, in accordance with the provisions of Article 297 (a) ^^^^°^^^- free of any private lien in respect of any of the matters referred to in Article 4, or of any costs, charges, or expenses of liquidation, adminis- tration, or supervision, or any deduction whatsoever. The right of private persons to make such claims in respect of maintenance, safe- keeping, or administration as are provided for under Article 4 is how- ever recognised. This application may be made by the owner or his 9'^^!^ ^P-^ agent direct to the " Landeszentralbehorde " concerned, or, if it is not known in what part of Germany the property is situated, to the " Reichsministerium fiir Wiederaufbau." It shall be in writing and shall be signed by the applicant, whose signature shall be duly authenticated, and, if the applicant is the agent of the owner, it shall be accompanied by duly authenticated proof of his authorisation. It shall state— Form of claim. 1. The name and address of the owner. 2. The name of his agent (if any) and the address at which the property, rights, or interests, or the documents of title shall be delivered. 3. A list, as complete as possible, of the property, rights, and interests to be restored. If this list cannot be made complete by the owner, it shall be completed by the German authorities from the information in their possession. 4. A detailed statement as to the locality where the property to be restored was left by the owner, or, in the case of real property or business undertakings, a statement of the locality in which such property or undertakings was situated. Applications should be signed by the applicant, under whose signature a justice of the peace, barrister, or commissioner for oaths should certify — (a) That the applicant is well known to him. (&) That the signature is the signature of the applicant. The person so certifying shall give his description and address. Such a certificate shall be regarded as sufficient proof of the authenticity of the applicant's signature. Alternatively, the application shall be accompanied by a statutory declaration, declared before a justice of the peace or a commissioner for oaths by the applicant, to the effect that he is the owner of the property in question. In any special case, such as that of inheritance, 340 AXGLO-GERMAN AGREEMENT AS TO PliOPEETY, App. V. in which the ownership of the property has been altered since the taking effect of the exceptional war measure, the German authority shall, in addition to the certified application, be entitled to call for production of a statutory declaration setting out the title to the property of the claimant. Article 3. portatlon of^ Where any prohibition or restriction exists upon the exportation fo^belss^i'edby^ ^^'om Germany of British property detained in Germany during the aut^rity. "^"^^^f ^ Hccnce to cxport such property, free of all conditions, shall be issued by the competent German authority immediately upon applica- tion by the British Office through the " Reichsministerium fiir Wieder- aufbau." Article 4. Claims in respect of maintenani'e of British property in Gcnuany. Claims by private persons in respect of exj^enses incurred in maintenance, safe-keeping, and administration of British property in Germany will be settled in the following ways : the property in question shall be restored immediately upon application by the owner, free of any private lien in connection with such expenses. (a) In the case of claims constituting debts within the scope of the Clearing Office, the British Clearing Office will guarantee to credit to the German Clearing Office such sums as may be admitted or found due, without taking advantage of the exceptions contained in para- graph {b) of Article 296 and paragraph 4 of the Annex thereto. {b) Claims in respect of the period up to the 10th of January, 1920, not falling within the scope of the Clearing Offices will l^e met by the German Government under paragraph (i) of Article 297. Any amounts admitted or found due from British nationals by the Mixed Arbitral Tribunal, to whose decision they shall in case of dispute be sub- mitted, in respect of such claims will be credited to the German Government in the account relating to German property, rights, and interests. (c) Claims in respect of the period after the 10th of January, 1920, if not admitted by the owner, will be submitted for decision to the Mixed Arbitral Tribunal, and the British Clearing Office will guarantee payment of any amounts admitted or found due from British nationals by the Tribunal. The obligation of the German Government under Article 2 and the the present Article to restore property free of any private lien shall not apply to any property in respect of which the British Office declines to apply the provisions of the present Article. EIGHTS AND INTERESTS 341 Article 5. -^-pp- ^• A statement of the condition of the property, rights, or interests I^J*^™^ admin, restored shall be drawn up in writing in quadruplicate at the time of i.^r,ndition*o£° restitution and signed by the German administrator, liquidator, or property, supervisor (as the case may be), a representative of the German State Deimrtment (" Landeszentralbehorde ") and the owner; one copy to be retained by the owner, one by the State Department, one by the administrator, liquidator, or supervisor, and one to be transmitted by the State Department to the British Office in Berlin. Article 6. Without prejudice to the rights of His Majesty's Government or Jo",'j^^^°g ^on. the owner, under paragraphs 8 and 13 of the Annex to Section 4 of properfy^in^'^^ Part X of the Treaty of Versailles, delivery of the documents referred Germany, to under Article 13 of the Annex relating to property, rights, and interests falling within Article 297 (a) shall not ordinarily be required until the restitution of the property, rights, or interests. Nevertheless the final report of the liquidator, administrator, or supervisor and any further summary information required by the owner shall be handed or sent to him at his request at any time, whether before or after application for restitution, and he shall be given free access to all the documents referred to above. Where property has been completely liquidated all the documents shall be handed to the British national concerned, or to his representative, or if so desired by him, sent to him or to such person as he may direct, at his expense and risk immediately upon his application by the Landeszentralbehorde, or the Reichsminis- terium. Article 7. In all relations with the German authorities under the preceding British cieariug '■ Ofhce may make Articles, British nationals may act personally or through the British ^^'f^^j'^^'^'^''*^^ Clearing Office or authorised agent. If the British Clearing Office is ^J^^'j^^'^f^^ritish appointed agent to act on behalf of a British national, it shall furnish nationals, the German Office with a certificate to that effect. Delivery to the British Clearing Office or other authorised agent shall be equivalent to delivery to the owner. Article 8. In so far as it is not otherwise expressly agreed by the claimant, the ^^^^^j^^ ^'JJ^ signature by the claimant or his agent to any kind of document in ^Ygling'^cilim connection with the restitution to him direct of his property, rights, or ^f property!"'' interests, whether affixed before or after the signing of this Agreement, 342 AXGLO-GERMAN AGREEMENT AS TO PROPERTY, App. V. shall in no way prejudice any right to compensation which the claimant may have under the provisions of the Treaty of Versailles. Article 9. PuburRegistev* ^^^y ^^^^^i^s in PubHc Registers and Land Registers necessary in restitut/on^'of o^^'^^cr to cffcct, Complete, or validate the restitution of property, rights, musttVmTde*^' °^' interests referred to in this Agreement to the British national con- aiithoriues. ccmed, will be made by the German authorities without delay and free of cost, in accordance with the provisions of the local law. Article 10. Brit^h''^' Claims by British nationals for compensation under Article 297 {e) coSpenlati'on ^^^3'' notwithstanding their notification to the Mixed Arbitral Tribunal, m'S'^b^settied*'' ^^^ Submitted through the British Office in Berlin to the German Britisfi'office authorities concerned for the purpose of effecting settlement of the claims by agreement, and the State Department concerned may transmit to the British Office the terms of settlement proposed by them in respect of any claim. If a settlement is arrived at as a result of negotiations thus originated, the German Government shall transmit to the British Office in Berlin a consent to such settlement, which shall be sulimitted to the Mixed Arbitral Tribunal for formal judgment. Article 11. t!fre?nd trade*' "^^^^ British Government will ])c prepared, on application through ShiTt°o*Ger." ^^® German Office in London, to release from the charge established I^^^^^Xi!*''*^^^ under the Treaty of Peace household furniture and effects, personal belongings and family souvenirs, and implements of trade belonging to German nationals, with the exception of articles of special value, up to an amount of £500, in addition to the amount of the charges for their con- servation and insurance incurred after the -Ith August, 1914, and up to the date of their release, in any case where the competent German authority certifies that the income of the applicant does not exceed the equivalent of £400 a year at current rate of exchange. The value of the property to be released, unless otherwise agreed, shall be determined by a licensed valuer to be appointed by the British Clearing Office, and the charge for such valuation shall be paid by the owner of the property prior to its release. Applications for such release must be made within a period of six months from the ratification of this Agreement. G«r™ans may Subject to the right of the British authorities to refuse permission auctfo^^'''^ in any particular case, and to the laws for the time being in force, German nationals will be permitted, on request conveyed to the EIGHTS AND INTERESTS 343 British Clearing Office, to bid at any sale by auction of their property App. V. in the United Kingxlom. The date of any sale of property in respect of which such a request is made shall be notified to the German Office. Article 12. Property released under the provisions of the first paragraph of the ^^llf^l'^ ^f preceding Article will be placed at the disposal of the claimant, or the dlii^e^d on ^ German Office in London, upon payment of any expenses incurred by ^xp^Tel" the British authorities, and of any other charges on the property, not- withstanding the fact that such charges or expenses may constitute debts within the meaning of Article 296. Article 13. The British Clearing Office will furnish the German Office in London Summaries with summaries in respect of German property, rights, and interests ^^^[^J^^^^ liquidated in the United Kingdom. ^^^ The existing books of account of German businesses liquidated in ^°^ businesses. the United Kingdom., or other parts of the British Empire above referred to, except where they have been transferred to the purchaser of a business, will be preserved and ultimately handed to the German authorities. In the meantime the former German owner will be per- mitted access to the said books on payment of any incidental expenses, and where such books are in the custody of a purchaser, an endeavour will be made to procure access thereto for the former German owner on the like terms. The British Clearing Office will also furnish summary particulars, if f.^^^f^: °^^,^ in its possession, of the results of sales by auction or tender and °f„^^~" also summary particulars of property registered with the British ^^f^tf^"*" Custodian in individual cases at the request of the German Office in custod.an. London. Article 14. Where property, rights, or interests of German nationals or the ^^°^j^^fo*j°Ge?- proeeeds thereof, not being debts within Article 296, are or have been °;^J^^^i,°frge.^ released from the charge created under Section 4 of Part X., the German Office in London will be notified by the British Clearing Office and the property or proceeds will not be accounted for through the Clearing Offices. Article 15. This Agreement shall be ratified, and the ratifications shall be ^^t^^^Sent. exchanged at London as soon as possible. Pending the ratification, both parties shall bring into application the provisions of the Agree- 344 ANGLO-GERMAN AGREEMENT AS TO PROPERTY App. V. meat, so far as it is possible to apply them administratively, it being understood, however, that the actual release of German property from the charge established under the Treaty of Peace, provided for in Article 11, will not take place until after ratification. In witness whereof the undersigned, duly authorised by their respective Governments, have signed the present Agreement and have affixed thereto their seals. Done in duplicate at London, in English and German texts, the 3 1 St day of December, 1920. (L.S.) CUEZON OF KEDLESTON. (L.S.) STHAMER. Agreement only applicable to United Kingdom. Agi'eenient may be made applicable to India. Protocol. On proceeding to sign the Agreement concluded this day between the United Kingdom and Germany, concerning the execution of Article 297 of the Treaty of Versailles, the undersigned, in order to define precisely to what classes of persons and property the Agreement relates, have drawn up the following declaration : It is agreed that the stipulations of the said Agreement cannot be invoked in respect of British nationals ordinarily resident and British Companies incorporated in any part of the British Empire outside the United Kingdom, and that similarly the stipulations of the Agreement cannot be invoked to the benefit of German nationals in respect of their property, rights, or interests in any part of the British Empire outside the United Kingdom. Nevertheless, at the request of His Britannic Majesty's Government made at any time within three months from the jiresent date, the Agreement shall be made to apply reciprocally to India as well as to the United Kingdom, in its present form or with such modifications as may be agreed upon between the Contracting Parties. In witness whereof the undersigned have signed the jiresent Protocol and affixed thereto their seals. Done at London in duplicate, this 31st day of December, 1920. (L.S.) CURZON OF KEDLESTON. (L.S.) STHAMER. APPENDIX VI (See siqmi, pp. 77, 295, 311, 319.) Order of Board of Trade dealing with British patents belonging to German nationals at outbreak of war. Statutory Rules and Orders, 1920, No. 1336. TEADING WITH THE ENEMY. PATENTS OF GERMAN NATIONALS VESTED IN CUSTODIAN. Order of the Board of Trade, dated July 19, 1920, under Section 5 (1) or the Trading with the Enemy Amendment Act, 1914 (5 Geo. V., c. 12), as to " Vested Patents," " Vested Applications" and "Restored Patents."^ In the matter of divers patents and applications for patents vested -A-PP- ^^• in the Custodian ; and In the matter of the Trading with the Enemy Acts, 1914 to 1918; and In the matter of the Treaty of Peace (with Germany) Act, 1919 ; and In the matter of the Treaty of Peace (with Germany) Order, 1919.2 Whereas the expression " British Patent " when hereinafter used means Letters Patent which have been granted in and for the United Kingdom of Great Britain and Ireland and the Isle of Man : And whereas prior to the Order of the Board of Trade of 30th October, 1918, hereinafter recited, divers British Patents which had been granted to or for the benefit of German Nationals (as defined by the Treaty of Peace [with Germany] Order, 1919), the shares and interests of German Nationals in divers other British Patents and also the benefit so far as the same belonged to German Nationals of or in 1 A precisely similar Order dated November 9, 1920 (No. 2118) with reference to patents of Austrian and Bulgarian nationals was made by the Board of Trade. 2 S.R. & 0., 1919, No. 1517. See supra, p. 305. 345 346 BOARD OF TRADE ORDER AS TO App. VI. divers applications which had Ijccn made by or on behalf or for the benefit of German Nationals, either alone or jointly with other parties, for grants of such patents were by or by virtue of Orders which were made by the High Court of Justice or the Board of Trade under the Trading with the Enemy Acts, 1914-1918, or some or one of such Acts duly vested in the Public Trustee, the Custodian for England and Wales under the Trading with the Enemy Amendment Act, 1914 (hereinafter called " the Custodian ") : And whereas by an order dated the 30th October, 1918, and so made by the Board of Trade as aforesaid, after reciting that the expression "hostile person" when thereinafter used meant and included (a) a person, firm, body, or company being an enemy or enemy subject within the meaning of the Trading with the Enemy Amendment Acts, 1916 and 1918,^ (b) a Company with respect to which an Order had been made under Section 1 of the Trading with the Enemy Amendment Act, 191 G, or Section 3 of the Trading with the Enemy Amendment Act, 1918, and (c) a Company being an enemy controlled corporation within the meaning of the Trading with the Enemy Amendment Act, 1918, it was amongst other things ordered that (1) all and every the interest, share, and right of every hostile person in, of or to any British patent, and (2) the benefit of every application which had been made by or on behalf or for the benefit of any hostile person for any British patent should, except in so far as the same should already have been vested by any Order made under the Trading with the Enemy Amendment Acts, or any of them, vest in the Custodian : And whereas as regards certain of the said applications patents have in pursuance of the Trading with the Enemy Amendment Act, 1916, been duly granted to the Custodian : And whereas the expression "vested patent" as hereinafter used means such interest, share, rights, or title in, of or to a British patent as may by reason or on account of the late war between the United Kingdom and Germany have been so vested in or granted to the Custodian as aforesaid, and the expression " vested application " as hereinafter used means such benefit and rights of or in respect of any application for the grant of a British patent as may by reason or on account of the said late war have been so vested in the Custodian as aforesaid : And whereas it is expedient that such Order or Orders and direc- tions as are hereinafter contained shall be made and given in regard tO' vested patents and vested applications : 1 5-G Geo. v., c. 105, and 8-9 Geo. V., c. 31. BRITISH PATENTS OWNED BY GERMANS 347' Now, therefore, the Board of Trade in exercise of the powers App. VI. conferred upon them by Section 5 (1) of the Trading with the Enemy Amendment Act, 1914, and /or the Treaty of Peace (with Germany) Order, 1919, and of all other powers (if any) them hereunto enabling do hereby order and direct as follows : 1. (i.) Subject to the provisions hereinafter contained the Custodian drves°t^hiuiseif shall forthwith divest himself of the vested patents and of the vested pat^nts.'^ applications in favour as the case may be of the respective persons who were at the commencement of the late war between the United Kingdom and Germany or would but for such war and the relative Vesting Orders now be entitled thereto. Provided always that if by any Order made under the Trading with the Enemy Amendment Acts, or any of them which may aflfect any vested patent or vested application, any condition was imposed upon the Custodian which might operate so as to prohibit him from dealing with such patent or application, the prohibiting condition shall be and stand discharged upon the Board of Trade certifying to that effect, but so nevertheless that such divesting as aforesaid shall not take effect as regards such patent or application unless and until the Board of Trade shall so certify : (ii.) In the subsequent provisions of this Order the following expressions shall mean and be construed as follows, that is to say : "restored patent " shall mean and include any vested patent of which the Custodian shall have divested himself under the direction in the preceding sub-clause contained and also such interest, share, rights, or title in, of or to any British patent as may be or may have been granted upon or in pursuance or by virtue of a restored application : " restored application " shall mean and include any vested application of which the Custodian shall have divested him as aforesaid and also to the extent to which the same may be or may have been revived as next hereinafter mentioned any application for the grant of a British patent which may be or may have heen revived under the provisions of the Treaty of Peace between the United Kingdom and Germany (hereinafter referred to as the "Treaty of Peace") : "patentee " shall mean and include the person for the time being entitled to the benefit of a restored patent : " licensee " shall in relation to a licence mean and include any person for the time being entitled to the benefit of the licence. 2. Subject to the provisions of this Order dealings in regard to a Restored -n 1 XT • 1 r> patents may restored patent are permitted between British Nationals and German disposed of. Nationals (as respectively defined by the said Treaty of Peace Order). 348 BOARD OF TRADE ORDER AS TO App. VI. Assignment of restored patents. estored patents to re- main subject to existing licences. Continuance of power of Board of Trade to grant compul- sory licences under restored patents. 3. An assignment or assurance inter vivos of a restored patent or a i-estored application shall not be made nor shall any licence be granted under a restored patent except after notice to and with the consent of the Board of Trade, and any such purporting licence M^hich may be made or granted except after such notice and with such consent shall be void and of no efiect. And any devolution of a restored patent or of a restored application otherwise than by an assignment or assurance inter vivos shall not be operative unless and until assented to by the Board of Trade. 4. A restored patent shall remain and be subject to any licence under or in respect thereof which may have been granted by the Board of Trade under the Patents, Designs, and Trade Marks (Temporary Rules) Acts, 1914,1 qj. j^y ^j^g Custodian under Section b (1) of the Trading with the Enemy Amendment Act, 1914, and any such licence shall with the additional rights, powers, and privileges next hereafter conferred upon the Licensee, be and remain as valid and eflfectual as if this Order had not be made : Provided always that in addition to any other rights, privileges, or powers to which he may be entitled the Licensee, exclusive or other- wise as the case may be, shall be deemed to have and shall have all the rights, privileges, and powers of such a Licensee under the provisions of Section 1 of the Patents and Designs Act, 1919 : - Provided further that all powers which by or under any such licence as aforesaid may have been given to or vested in the Board of Trade or the Custodian shall as regards any powers given to or vested in the Custodian be and be deemed to have been transferred to the Board of Trade and as to all such powers whether given to or vested in the Board of Trade or given to or vested in the Custodian shall l:»e and remain exercisable by the Board of Trade. 5. The Board of Trade have and shall continue to have power upon the application of any person to grant to or in favour of the applicant a compulsory licence under any restored patent upon such terms as to Royalty or otherwise as may be thought fit (a) if in the opinion of the Board of Trade it is in the public interest that such licence shall be granted, or (b) if the Patentee shall refuse to grant to the applicant a licence upon reasonable terms. And for the purpose of and in con- nection with the exercise of such power the Board of Trade shall have all the powers of the Comptroller of Patents, Trade Marks, and Designs (hereinafter called the Comptroller) under the Patents and Designs Act, 1919, in a case in which abuse of the monopoly rights has been established. 1 4-5 Geo. v., cc. 27 and 73. 9-10 Geo. v., c. 80. BRITISH PATENTS OWNED BY GERMANS 349 6. The Board of Trade shall as regards any licence which has been -^PP- VI. or may be granted under any restored patent, whether the licence is Board o" Trade granted as mentioned in Clause 4 hereof or as mentioned in Clause 5 granted under hereof have power upon the application of the Licensee or of the Patentee to make such revision or amendments in the licence as may be thought fit whether as regards the Royalty payable thereunder or otherwise, and any such revision or amendment may consist of or include a provision which will preclude the Patentee (a) from import- ing into the United Kingdom any goods the importation of which would if effected by a person other than the Patentee be an infringe- ment of the patent, and/or (b) from working or using the patented invention in the United Kingdom. 7. Notwithstanding anything herein contained the Board of Trade Po!j'er of Board o " ~ of Trade to ex- shall as regards any restored patent or restored application have power or°take we^r^^'' either without or upon the application of any person interested to ofpatent'^rigMs* expropriate, take over or sell any such patents or the patent rights application's!^^ under any such application on such terms as to indemnity, purchase, consideration or otherwise as may be determined by a special Tribunal to be nominated by the Lord Chancellor for the time being but so that the President or Chairman of such Tribunal shall be a high judicial officer or a barrister of not less than ten years' standing, and in such case the Board of Trade shall be deemed to have all the powers of the patentee or proprietor and may make a good title to any transfer, licence, or other assurance, provided always that the poAver hereby conferred shall not be exercised unless in the opinion of the Board of Trade the exercise thereof is necessary for the National Defence or in the public interest or for securing the due fulfilment of all the obligations under- taken by Germany in the Treaty of Peace. 8. All Royalties and/or other monies which but for this provision Application of ■^ ' -t^ royalties pay- would by virtue of anything done under or in pursuance of any of'sriusr^^"* provision contained in this Order be payable to a German National EigTo^olrSli^n shall be divided and paid as follows, namely : national. (a) In the case of voluntary dealings — 75 per cent, of such Royalties and/or other monies shall be paid to the Con- troller of the Clearing Office for the purposes of such Ofl&ce and the remaining 25 per cent, thereof shall be paid to the other party or parties who may be concerned : (&) In every other case the whole of such Royalties and/or other monies shall be paid to the Controller of the Clearing Office for the purposes of such Office. Provided ahvays that any Royalties under any such licence as is mentioned in Clause 4 hereof which have accrued prior to the date 350 rOAUD OF TRADE ORDER A8 TO App. VI. upon which the patent shall have become a restored patent or which may thereafter accrue shall be retained by or paid to the Custodian as the case may be.^ Patents and 9, The Conditions imposed by and other provisions contained in applications to j. ./ i to^s^do no"^^^ ^ Clauses 3 to 8 of this Order upon or in regard to restored patents and apply. restored applications shall not, except as hereafter mentioned, apply as regards vested patents or vested applications of which the Custodian shall have divested himself under the directions contained in Clause 1 (1) herein in favour of persons who, by or by virtue or in pursuance of the Treaty of Peace, have ceased to be German nationals : Provided never- theless that as regards such patents as last mentioned — (i.) The patents shall remain and be subject to any licence under or in respect thereof which may have been granted by the Board of Trade under the Patents, Designs, and Trade Marks (Temporary Rules) Acts, 1914, or by the Custodian under Section 5 (1) of the Trading with the Enemy Amendment Act, 1914, and any such licence shall be and remain as valid and effectual as if this Order had not been made. (ii.) The Board of Trade shall as regards any licence which has been granted as aforesaid under the patent have power upon the apijlication of the licensee or of the patentee to make such revisions or amendments in the licence as may be thought fit whether as regards the royalty payable thereunder or otherwise. 10. Any application to be made under any provision herein contained shall be made to the Comptroller. Power of Board H, The Board of Trade may from time to time make such rules as of Trade to make Rules. jxiay be ucccssary or expedient for the purjDOse of carrying out the provisions of this Order and by any such rules may regulate the procedure to be followed and may prescribe the payment of fees and fix the amount thereof and any such rules whilst in force shall be of the same effect as if the same were contained in this Order.^ Patents not 12. This Order shall not nor shall anything herein contained apply affected by this _ '' ° ^-^ -^ Order. ^q any patent or application for the grant of a patent which has been effectually dealt with in or for the purpose of the liquidation of any ^ The Order of tlie Board of Trade of November 9, 1920, contains similar provisions to the above as regards patents of Austrian and ]5ulgarian nationals, but provides that such royalties or other moneys shall as regards an Austrian national be paid to the Administrator under the Tieaty of Peace (Austria) Order, 1920, and as regards a Bulgarian national to the Administrator under the Treaty of Peace (Bulgaria) Order, 1920. 2 As to these Rules, see infra, pp. 352-355. BRITISH PATENTS OWNED BY GERMANS 351 business or company as regards which a Winding-up Order has been App. VI. made under or in pursuance of the Trading with the Enemy Acts, 1914 to 1918, or any of them. 13. The Board of Trade may at any time revoke or vary this Order and any provisions herein contained as well as any rules made under Clause 11 hereof. Dated this 19th day of July, 1920. R. S. HORNE, President of the Board of Trade. APPENDIX VII (See supm, pp. 77, 295, 311, 319.) Rules made hy Board of Trade as to applications ivith reference to British patents belonging to German ouitionals at oidhreak of war. Statutory Rules and Orders, 1920, No. 1371. PATENTS FOR INVENTIONS. The Patents (Treaty of Peace) Rules, 1920. Dated July 24, 1920. App. VII. By virtue of the provisions of the Trading with the Enemy Acts, 191 4 to 1918, the Treaty of Peace Act, 1919,^ the Treaty of Peace Order, 1919,=* and the Order of the Board of Trade, dated 19th July, 1920,^ the Board of Trade do hereby make the following Rules : — Preliminary. 1. These Rules may be cited as the Patents (Treaty of Peace) Rules, 1920, and shall come into operation from and immediately after the 19th day of July, 1920. Interpretation. 2. In the construction of these Rules any words herein used, the meanings of which are defined by the Order of the Board of Trade dated the 19th day of July, 1920, shall have the meanings thereby assigned to them respectively. Fees. 3. The fees to be paid under these Rules shall be those specified in the first Schedule to these Rules. Forms. 4. The forms herein referred to arc the forms contained in the second Schedule to these Rules. Such forms shall be used in all 1 9-10 Geo. v., c. 33. == S.R. & 0., 1919. No. 1517. 3 S.R. &0.. 1920, No. 1336. 352 BRITISH PATENTS OWNED BY GERMANS 353 cases to which they are applicable and may be modified as directed by App. VII. the Comptroller to meet other cases. Voluntary Dealings in or under Restored Patents, etc. 5. Where any assignment or assurance of a restored patent or of the benefit of a restored application or any licence under a restored patent has been agreed between parties, application for the consent of the Board of Trade to any such assignment, assurance, or licence shall be made on Patents Form No. 40 before the execution of the document effecting such assignment, assurance, or licence. Such application shall be accompanied by a copy of the draft document proposed to be executed. Devolution of Title by Operation of Law. 6. Where any person claims to be entitled to the benefit of or any interest in a restored patent or restored application by virtue of operation of law, arising after the outbreak of war, he shall make application for the consent of the Board of Trade to his title as claimed being recognised upon Patents Form No. 41. Such application shall be accompanied by a copy of the instrument or other document under which the applicant claims title. Application for Licence under Restored Patent other than under Rule 5. 7. An application for the grant of a licence under a restored patent or a patent granted upon a restored application shall be made upon Patents Form No. 42. Such application shall be accompanied by an unstamped copy and a statement in duplicate setting out fully the reason for making the application, the facts upon which the applicant bases his case and the terms of the licence which he is prepared to accept. A copy of the application and of the statement will be transmitted by the Comptroller to the patentee at his address for service on the Register of Patents. Upon such application being made and copy thereof transmitted to the patentee, the latter, if desirous of contesting the application, shall within one month of the receipt of such copy at his address for service, or such further time as the Comptroller may allow, leave at the Patent Office a counter-statement fully setting out the grounds upon which the application is contested and, on so leaving, shall deliver to the applicant a copy thereof. 23 354 BOAED OF TRADE RULES AS TO App. VII Upon receipt of such counter-statement, and/or any further evidence the Comptroller may require, the Comptroller shall proceed to determine the application. Application for Revision of Licence. 8. An application for the revision of a licence whether granted by the Board of Trade, the Custodian, or under these Rules under a restored patent shall be made upon Patents Form No. 43. Such application shall be accompanied by an unstamped copy and a state- ment in duplicate setting out fully the facts upon which the applicant bases his case and the terms of such licence as he is prepared to accept or grant. A copy of the application and of the statement will be transmitted by the Comptroller to the patentee at his address for service on the Register of Patents or the Licensee concerned, as the case may be. LTpon such application being made and copy thereof transmitted, the patentee or licensee, as the case ma}^ be, if desirous of contesting the application, shall within one month of the receipt of such copy at his address for service, or such further time as the Comptroller may allow, leave at the Patent Office a counter-statement fully setting out the grounds upon which the application is contested and, on so leaving, shall deliver to the applicant a copy thereof. LTpon receipt of such counter-statement and/or any further evidence the Comptroller may require, the Comptroller shall proceed to deter- mine the application. Application for the Expropriation, taking over or selling ANY Restored Patent. 9. An application for the expropriation, taking over or sale of any restored patent or a patent granted upon a restored application shall be made upon Patents Form No. 44. Such application shall be accompanied by an unstamped copy and a statement in duplicate setting out fully the reason for making the application and the facts upon which the applicant bases his case. A copy of the application and of the statement will be transmitted hy the Comptroller to the patentee at his address for service on the Register of Patents. Upon such application being made and copy thereof transmitted to the patentee, the latter, if desirous of contesting the application, shall, within one month of the receipt of such copy at his address for service, or such further time as the Comptroller may allow, lea\e at the Patent BRITISH PATENTS OWNED BY GERMANS 355 Office a counter-statement fully setting out the grounds upon which App. VII. the application is contested and, on so leaving, shall deliver to the applicant a copy thereof. Upon receipt of such counter- statement and/or any further evidence the Comptroller may require, the Comptroller shall proceed to deter- mine whether the application should be granted and be referred to a special tribunal for the settlement of terms. Where it is decided to grant the application and refer it to a special tribunal for the settlement of terms application to be heard by the special tribunal shall be made upon Patents Form No. 45. Hearings. 10. Before deciding any issue raised under Rules 7, 8, and 9 of these Rules or before exercising any discretionary power given to the Comptroller under the Order of the Board of Trade, dated 19th July, 1920, or these Rules, adversely to any party the Comptroller shall give ten days' notice, or such longer notice as he may think fit to the party or parties as the case may be of the time when he is prepared to hear such party or parties or their representatives. Evidence. 11. In lieu of or in addition to any oral evidence that may be given at a hearing the Comptroller may require any part}^ to file evidence by way of statutory declaration and allow any declarant to be cross- examined on his declaration. Costs. 12. The Comptroller may award costs in any proceedings under these Rules, and direct how and by what parties they are to be paid. Further, in any case in which he thinks fit, the Comptroller may require any person initiating proceedings to give security for costs, and in the event of such security not being forthcoming, may dismiss the application in question. Dated this 24th day of July, 1920. B. S. Home, President of the Board of Trade. 356 BOARD OF TRADE RULES App. VII. First Schedule. Fees. Subject or Proceeding. On application under Rule 5 for consent of Board of Trade to assignment, assur- ance or licence of patent rights. On application under Rule 6 for consent of Board of Trade to devolution of title to patent rights l)y operation of law. On application for licence under restored patent. On application for revision of licence On application for expropriation, taking over, or selling any restored }>atent rights. On ap[)lication for hearing by tribunal in respect of the expropriation, taking over, or selling of restored patent rights. Corresponding Form. Patents Form No. 40. ,, No. 41. .. No. 42. ,, No. 43. ,, No, 44. ,, No. 45. Second Schedule. {Here follow the various forms referred to in the above Rules.) APPENDIX VIII (See supra, pp. 77, 295, 311, 319.) Order of Board of Trade dealing with British copyrights belonging to German or Austrian nationals at outbreak of war. Statutory Kules and Orders, 1920, No. 2119. TEADING WITH THE ENEMY. COPYEIGHT OF GEEMAN AND AUSTRIAN NATIONALS VESTED IN CUSTODIAN. Order of the Board of Trade, dated November 9, 1920, under Section 5 (1) of the Trading with the Enemy Amendment Act, 1914 (5 Geo. V., c. 12), as to "Vested Copyright" and "Restored Copyright." In the matter of Divers Rights in Literary and artistic properties App. VIII. vested in the Custodian ; and In the matter of the Trading with the Enemy (Copyright) Act, 1916;! and In the matter of the Trading with the Enemy Acts, 1914 to 1918; and In the matter of the Treaty of Peace (Germany) Act, 1919 ;2 and In the matter of the Treaties of Peace (Austria and Bulgaria) Act, 1920 ;3 and In the matter of the Treaty of Peace (Germany) Order, 1919;* and In the matter of the Treaty of Peace (Austria) Order, 1920.^ Whereas the expression "British copyright" when hereinafter used means copyright as defined by the Copyright Act, 1911,® and/or Orders in Council thereunder within the United Kingdom of Great Britain and Ireland and the Isle of Man : And whereas all the interests, rights, titles, or shares of persons 1 6-7 Geo. v., c. 32. 2 g.jo Geo. V., c. 33. « 10 Geo. V.. c. 6. * S.R. k 0., 1919, No. 1517. See supra, p. 305. 5 S R. & 0., 1920. No 1613. See supra, p. 313. ^ i_2 Geo. V., c. 46. 357 358 BOAED OF TRADE ORDER AS TO App. VIII. being either German nationals or Austrian nationals (as respectively defined by the Treaty of Peace (Germany) Order, 1919, and the Treaty of Peace (Austria) Order, 1920) in, of, or to divers British copyrights were by or by virtue of Orders which were made by the Board of Trade under the Trading with the Enemy Acts, 1914-1918, or some or one of such Acts duly vested in the l*ublic Trustee the Custodian for England and ^\'ales under the Trading with the Enemy Amendment Act, 1914 (hereinafter called "the Custodian"): And whereas by the Trading with the Enemy (Copyright) Act, 191G, it was provided that copyright in all works first published or made in an enemy country during the present war therein referred to, the copyright wherein would, had a state of war not existed, have vested in any person as the owner thereof by virtue of the application to an enemy country of any Order in Council made under the Copyright Act, 1911, should be deemed to vest or to have vested in the Custodian : And whereas the expression "vested copyright" as hereinafter used means such interest, share, rights or title in, of, or to a British copyright as may by reason or on account of the late war, which expression as herein used means, as regards Germany and German or former German nationals, the late war between the United Kingdom and Germany, and as regards Austria and Austrian or former Austrian nationals the late war between the United Kingdom and Austria, have been so vested in the Custodian as aforesaid : And whereas by Article 306 of the Treaty of Peace with Germany and Article 258 of the Treaty of Peace with Austria (which Treaties are hereinafter referred to as the Treaties of Peace) it is provided that rights of literary and artistic property, as such property is defined by the International Conventions in the Treaties mentioned, shall be re-established or restored in the territories of the High Contracting Parties in favour, as the case may l^e, of the persons who were respectively entitled to the benefit of them at the moment when the state of war commenced, or their legal representatives, and that rights which except for the war would have been acquired during the war in consequence of the publication of a literary or artistic work shall be recognised and established in favour of those persons who would have been entitled thereto, subject nevertheless to the right (thereby re- served) of each of the Allied and Associated Powers to impose limita- tions, conditions, or restrictions as therein mentioned on rights of literary or artistic property acquired before or during or after the war or thereinafter referred to by German or Austrian nationals, as the case may be : BEITISH COPYRIGHTS OWNED BY GERMANS, ETC. 359 And whereas the Convention made on the 24th day of April, 1893, ^PP- VIII. between Great Britain and Austria for securing the rights of authors or their legal representatives over their literary or artistic works has ceased to have effect : And whereas by Article 1 (XX.) of the Treaty of Peace (Germany) Order, 1919, and by Article 1 (XXVI.) of the Treaty of Peace (Austria) Order, 1920, the Board of Trade is empowered to prescribe such limitations, conditions, and restrictions on rights of literary or artistic property acquired before or during the late war by German or Austrian nationals, as the case may be, as are mentioned in the respec- tive Treaties of Peace : , And whereas it is expedient that such Order or Orders and Direc- tions as are hereinafter contained shall be made and given in regard to vested copyrights and all other British copyrights re-established or restored by virtue of the respective Treaties of Peace : Now, therefore, the Board of Trade, in exercise of the powers con- ferred upon them by Section 5 (i.) of the Trading with the Enemy Amendment Act, 1914, and/or the Treaty of Peace (Germany) Order, 1919, and/or the Treaty of Peace (Austria) Order, 1920, and of all other powers (if any) them hereunto enabling, do hereby Order and Direct as follows : 1. (i.) Subject to the provisions hereinafter contained, the Custodian ^ive8°t^wmseif shall forthwith divest himself of the vested copyrights in favour, f^s ^ Jfts!'''^ ''"^^ the case may be, of the respective persons who were at the commence- ment of the late war, or would but for such war and the relative Vesting Orders and/or the Trading with the Enemy (Copyright) Act, 1916, now be entitled thereto : Provided always that if by any Order made under the Trading with the Enemy Amendment Acts or any of them which may affect any vested copyright any condition was imposed upon the Custodian which might operate so as to prohibit him from dealing with such copyright, the prohibiting condition shall be and stand discharged upon the Board of Trade certifying to that effect, but so nevertheless that such divesting as aforesaid shall not take effect as regards such copyrights unless and until the Board of Trade shall so certify. (ii.) In the subsequent provisions of this Order the following expressions shall mean and be construed as follows, that is to say : " Restored copyright " shall mean and include any vested copy- right of which the Custodian shall have divested himself under the directions in the preceding sub-clause contained and also all other British copyrights and/or any interest, share, rights, or title in, of, or to British copyrights re-established or restored in favour 360 BOAED OF TRADE ORDER AS TO Copyriglits in works published in Austria before July 1, 1910. Restored copy- rights may be disposed of. Assignment of restored copy- rights. App. VIII. of German or Austrian nationals, as the case may be, by virtue of the reUitive Treaty of Peace : "Owner of the copyright" shall have the meaning defined by the Copyright Act, 1911, and shall mean and include any person for the time being entitled to the benefit of restored copyright : "Licensee " shall in relation to a licence mean and include any person for the time being entitled to the benefit of the licence, 2. In the case of works first published in Austria before the 1st day of Jul}^, 1919, a restored coiDyright shall not be held to confer upon the person entitled thereto any greater protection or privilege than he would otherwise enjoy under the International Convention of Berne for the protection of literary and artistic works made originally on the 9th day of September, 1886, revised at Berne {quaere Berlin) on the 13th day of November, 1908, and completed by the additional Protocol signed at Berne on the 20th day of March, 1914, relating to the protection of literary and artistic works. 3. Subject to the provisions of this Order, voluntary dealings in regard to restored copyright are permitted between British nationals and German or, as the case may be, Austrian nationals. 4. An assignment or assurance inter vivos of a restored copyright shall not be made nor shall any licence be granted under a restored copyright except after notice to and with the consent of the Board of Trade, and any such purporting assignment or assurance inter vivos or any such purporting licence which may be made or granted except after such notice and with such consent shall be void and of no effect, and any devolution of a restored copyright otherwise than by an assignment or assurance inter vivos, shall not be operative unless and until assented to by the Board of Trade. 5. A restored copyright shall remain and be subject to any licence ing ucences.'"'^*' ""^^^r or in rcspcct thereof which may have been granted by the Cus- todian under the Trading with the Enemy Amendment Act, 1914, and any such licence shall with the additional rights, powers, and privileges next hereafter conferred upon the Licensee be and remain as valid and effectual as if this Order had not been made. Provided always that in addition to any other rights, privileges, or powers to which he may be entitled any such Licensee as aforesaid shall be entitled to call upon the owner of the copyright to take pro- ceedings to prevent infringement thereof, and if within two months after being so called upon such owner fails to take the required proceed- ings the Licensee may institute the same in his own name as though he himself were the owner of the copyright, making the actual owner thereof a defendant, but so nevertheless that such owner when so Restored copy- rights to remain BRITISH COPYRIGHTS OWNED BY GERMANS, ETC. 361 added as defendant shall not be liable for any costs unless he enters an App. VIII. appearance and takes part in the proceedings. Provided further that all powers which by or under any such licence as aforesaid may have been given to or vested in the Board of Trade or the Custodian shall as regards any powers given to or vested in the Custodian be and be deemed to have been transferred to the Board of Trade, and as to all such powers whether given to or vested in the Board of Trade or given to or vested in the Custodian shall be and remain exerciseable by the Board of Trade. 6. The Board of Trade have and shall continue to have power ^""^^^'^^'f^'^t^d upon the application of any person to grant to or in favour of the gr^^'t'^compu]- applicant a compulsory licence under any restored copyright upon such unXr restored terms as to Royalty or otherwise as may be thought fit (a) if in the '^°py"^ opinion of the Board of Trade it is in the public interest that such licence shall be granted, or (b) if the owner of the copyright shall have refused to grant to the applicant a licence upon reasonable terms. 7. The Board of Trade shall, as regards any licence which has ^®jj'^'°^ ^rade been or may be granted under any restored copyright whether the '^[Jjj°^'^°f,uder licence is granted as mentioned in Clause 5 hereof or as mentioned in j.^^^t'"®'^ ^°^^^' Clause 6 hereof, have power upon the application of the Licensee or of the owner of the copyright to make such revisions or amendments in the licence as may be thought fit whether as regards the Royalty pay- able thereunder or otherwise, and any such revision or amendment may consist of or include a provision which will preclude the owner of the copyright {a) from importing into the United Kingdom any repro- ductions the importation of which would if efiected by a person other than the owner of the copyright be an infringement of the copyright, and/or (b) from exercising the copyright or any part thereof in the United Kingdom. 8. Notwithstanding anything herein contained the Board of Trade l°j^^^J ^°^x'^ shall, as regards any restored copyright, have power either without or ^r°take wer^^ upon the application of any person interested to expropriate, take over rfgijts! °°^^' or sell any such copyright on such terms as to indemnity, purchase consideration, or otherwise as may be determined by a special Tribunal to be nominated by the Lord Chancellor for the time being, but so that the President or Chairman of such Tribunal shall be a high judicial officer or a barrister of not less than ten years' standing, and in such case the Board of Trade shall be deemed to have all the powers of the owner of the copyright and may make a good title to any transfer licence or other assurance provided always that the power hereby conferred shall not be exercised unless in the opinion of the Board of Trade the exercise thereof is necessary for the National 362 BOARD OF TILVDE ORDER AS TO App. VIII. Defence or in the public interest or for securing in relation to Germany or Austria, as the case may be, the due fulfilment of all the obligations undertaken by them respectively in the respective Treaties of Peace. moneys payable 9- ^^^^ Royalties and/or other monies which but for this provision British''copy- would by virtuc of anything done under or in pursuance of any pro- Aus\rian or Ger- visiou Contained in this Order be payable to a German national or an Austrian national shall be divided and paid as follow, namely : — («) In the case of voluntary dealings, 75 per cent, of such Royalties and/or other monies shall as regards a German national be paid to the Controller of the Clearing Office under the Treaty of Peace (Germany) Order, 1919, and as regards an Austrian national lo the Administrator under the Treaty of Peace (Austria) Order, 1920, for the purposes of the Office of such Controller or Administrator, as the case may be, and the remaining 25 per cent, thereof shall be paid to the other party or parties who may be concerned. And this provision shall also apply to Royalties payable in respect of any restored copyright under the terms of the proviso to Section 3 of the Copyright Act, 1911, or of sub- section 2 of Section 19 of that Act; (h) In every other case the whole of such Royalties and/or other monies shall as regards a German national be paid to the said Controller and as regards an Austrian national to the said Administrator, for the purposes of the Office of such Controller or Administrator, as the case may V)e. Provided always that any Royalties under any such licence as is mentioned in Clause 5 hereof which have accrued prior to the date upon which the British copyright shall have become a restored copy- right or which may thereafter accrue shall be retained by or paid to the Custodian, as the case may be. rightl'to which ^^' "^^^ conditions imposed by and other provisions contained in not apply!'' '' ''" Clauscs 4 to 9 of this Order upon or in regard to restored copyrights shall not, except as hereafter mentioned, apply as regards vested copyrights of which the Custodian shall have divested himself under the directions contained in Clause 1 (i.) hereof in faA'Our of persons who by or by virtue or in pursuance of the Treaties of Peace have ceased to be either German or Austrian nationals. Pro^^ded nevertheless that as regards such copyrights as last mentioned — (I.) The copyrights shall remain and be subject to any licence under or in respect thereof which may have been granted by the Custodian under the Trading with the Enemy BRITISH COPYRIGHTS OWNED BY GERMANS, ETC. 363 Amendment Act, 1914, and any such licence shall be and App. VIII, remain as valid and effectual as if this Order had not been made ; (II.) The Board of Trade shall, as regards any licence which has been granted as aforesaid under the copyright, have power, upon the application of the Licensee or of the owner of the copyright, to make such revisions or amendments in the licence as may be thought fit whether as regards the Royalty payable thereunder or otherwise ; (III.) The Licensee shall be entitled to call upon the owner of the copyright to take proceedings to prevent infringement thereof, and if within two months after being so called upon such owner fails to take the required proceedings, the Licensee may institute the same in his own name as though he himself were the owner of the copyright making the actual owner thereof a defendant, but so nevertheless that such owner when so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 11. Any application to be made under any provision of this Order shall be made to the Comptroller, Industrial Property Department, Board of Trade, 25, Southampton Buildings, London, W.C. 2. 12. The Board of Trade may from time to time make such rules as ^f'Trade^to"*'^'^ may be necessary or expedient for the purpose of carrying out the ^^^^ Rules. provisions of this Order, and by any such rules may regulate the procedure to be followed and may prescribe the payment of fees and fix the amount thereof, and any such rules whilst in force shall be of the same effect as if the same were contained in this Order. 13. This Order shall not nor shall anything herein contained apply ^Sl^by this to any copyright or any interest, right, title, or share in, of or to a *^' ^^■ copyright which has been eff'ectually dealt with in or for the purpose of the liquidation of any business or company as regards which a Winding-up Order has been made under or in pursuance of the Trading with the Enemy Acts, 1914 to 1918, or any of them. 14. The Board of Trade may at any time revoke or vary this Order and any provisions herein contained as well as any rules made under Clause 12 of this Order. Dated this 9th day of November, 1920. R. S. HORNE, President of the Board of Trade. APPENDIX IX (See supra, pp. 77, 295, 311, 319.) Rules made by Board of Trade as to applications with reference to British copyrights belonging to German or Austrian nationals at outbreak of war. Statutory Rules and Orders, 1920, No. 2246. COPYEIGHT. The Treaties of Peace (Copyright) Rules, 1920. Dated November 29, 1920. App. IX, By virtue of the provisions of the Trading with the Enemy Acts, 19U to 1918, the Treaty of Peace (Germany) Act, 1919,^ the Treaties of Peace (Austria and Bulgaria) Act, 1920,^ the Treaty of Peace (Germany) Order, 1919,3 ^he Treaty of Peace (Austria) Order, 1920,^ and the Board of Trade Order dated the 9th day of November, 1920,^ the Board of Trade do hereby make the following rules : — Preliminary. 1. These rules may be cited as the Treaties of Peace (Copyright) Rules, 1920, and shall come into operation from and immediately after the 29th day of November, 1920. Interpretation. 2. In the construction of these Rules any words herein used the meanings of which are defined by the Order of the Board of Trade dated the 9th day of November, 1920, or the Copyright Act, 1911,^ shall have the meanings thereby assigned to them respectively. "Comptroller" shall mean the Comptroller of the Industrial Property Department, Board of Trade. "Department" shall mean the .Industrial Property Department, Board of Trade, 2-5, Southampton Buildings, London, "W.C, 2. 1 9-10 Geo. v., c. 33. 2 lO-ll Geo. V., c. 6. - S.R. & , 1919, No. 1517. * S.R. & 0., 1920, No. 1613. 5 S.R. k 0., 1920, No. 2119. 6 j^ Geo. V., c. 46. 364 BRITISH COPYRIGHTS OWNED BY GERMANS, ETC. 365 Fees. App. ix. 3. The fees to be paid under these Rules shall be those specified in the first Schedule to these Rules. Forms. 4. The forms herein referred to are the forms contained in the second Schedule to these Rules. Such forms shall be used in all cases to which they are applicable and may be modified as directed by the Comptroller to meet other cases. Leaving. 5. Any application, notice, or other document, authorised or required to be left, made, or given, at the Department or to the Comptroller, or to any other person under these Rules, may be sent by a prepaid or official paid letter through the post, and if so sent shall be deemed to have been left, made or given at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put in the post. Where any letter or document is required by these Rules to be transmitted to the owner of the copyright and the name and address of such owner cannot be ascertained, such letter or document may be sent to the person whose name and address appears upon the work in question as purporting to be the publisher or proprietor thereof, or, if no such name or address appears upon the work, then to such other person as may appear to the Comptroller to be the interested party. A letter so addressed, or addressed to an aj)plicant in any proceedings under these Rules at the address for service appearing on the applica- tion, shall be deemed to be sufficiently addressed. Every applicant under Rules 8, 9, and 10 of these Rules shall furnish an address for service in the United Kingdom. Voluntary Dealings in regard to a Restored Copyright. 6. Where any assignment or assurance of a restored copyright or any licence under a restored copyright has been agreed between parties, application for the consent of the Board of Trade to any such assignment, assurance, or licence shall be made on form T.P. (Copy- right) No. 1 before the execution of the document effecting such assignment, assurance, or licence. Such application shall be accom- panied by two copies of the draft document proposed to be executed, and by a statutory declaration that such proposed assignment, assur- ance, or licence does not form part of any other transaction or series of 366 BOARD OF TRADE RULES AS TO App. IX. transactions between the parties concerned in reference to the restored copyright, and that no valuable consideration other than that men- tioned in the draft document has been or will be paid or given in respect of the proposed assignment, assurance, or licence. Devolution of Title ey Operation of Law. 7. AVhere any person claims to be entitled to the benefit of or any interest in a restored copyright by virtue of operation of law, arising after the outbreak of war, he shall make application for the consent of the Board of Trade to his title as claimed being recognised upon Form T.P. (Copyright) No. 2. Such application shall be accompanied by a copy of the instrument or other document under which the applicant claims title. Application for Licence under Restored Copyright other than under rule 6. 8. An application for the grant of a licence under a restored copy- right shall be made upon Form T.P. (Copyright) No. 3. Such application shall be accompanied by an unstamped copy, a copy of the work in respect of which a licence is desired, and a statement in duplicate setting out fully the reason for making the application, the facts upon which the applicant bases his case, and the terms of the licence which he is prepared to accept. A copy of the application and of the statement will be transmitted to the owner of the copyright. Upon such application being made and copy thereof transmitted to the owner of the copyright, the latter, if desirous of contesting the application, shall within one month of the date of transmission of such copy, or such further time as the Comptroller may allow, leave at the Department a counterstatement fully setting out the grounds upon which the application is contested, and on so leaving shall deliver to the applicant a copy thereof. Upon receipt of such counterstatement and/or any further evidence the Comptroller may require, the Comptroller shall proceed to determine the application. Application for Revision of Licence. 9. An application for the revision of a licence, whether granted by the Custodian, or under these Rules, under a restored copyright shall be made upon Form T.P. (Copyright) No. 4. Such application shall be accompanied by an unstamped copy and a statement in duplicate setting out fully the facts upon which the applicant bases his case and the terms of such licence as he is prepared to accept or BRITISH COPYRiaHTS OWNED BY GERMANS, ETC. 367 grant. A copy of the application and of the statement will be trans- -^PP- ^'^• mitted by the Comptroller to the owner of the copyright or the Licensee concerned as the case may be. Upon such application being made and copy thereof transmitted the owner of the copyright or licensee, as the case may be, if desirous of contesting the application, shall, within one month of the date of transmission of such copy, or such further time as the Comptroller may allow, leave at the Department a counterstatement fully setting out the grounds upon which the application is contested, and on so leaving shall deliver to the applicant a copy thereof. Upon receipt of such counterstatement and/or any further evidence the Comptroller may require, the Comptroller shall proceed to determine the application. Application for the Expropfjation, Taking Over, or Sale of A Restored Copyright. 10. An application for the expropriation, taking over or sale of any restored copyright shall be made on Form T.P. (Copyright) No. 5. Such application shall be accompanied by an unstamped copy, a copy of the work in question, and a statement in duplicate setting out fully the reason for making the application and the facts upon which the applicant bases his case. A copy of the application and of the statement will be transmitted by the Comptroller to the owner of the copyright. Upon such application being made and copy thereof transmitted to the owner of the copyright, the latter if desirous of contesting the application shall, within one month of the date of transmission of such copy, or such further time as the Comptroller may allow, leave at the Department a counterstatement fully setting out the grounds upon which the application is contested, and on so leaving shall deliver to the applicant a copy thereof. Upon receipt of such counterstatement and/or any further evidence the Comptroller may require, the Comptroller shall proceed to deter- mine whether the application shall be granted and be referred to a special tribunal for the settlement of terms. Where it is decided to grant the application and refer it to a special tribunal for the settlement of terms, application to be heard by special tribunal shall be made upon Form T.P. (Copyright) No. 6. Hearings. 11. Before deciding any issue raised under Rules 8, 9, and 10 of these Rules or before exercising any discretionary power given to the Comptroller under the Order of the Board of Trade, dated the 368 BOARD OF TRADE RULES AS TO App. IX. 9th day of November, 1920, or these Rules, adversely to any party the Comptroller shall give ten days' notice, or such longer notice as he may think fit, to the party or parties as the case may be of the time when he is prepared to hear such party or parties or their representatives. Evidence. 12. In lieu of or in addition to any oral evidence that may be given at a hearing the Comptroller may require any party to file evidence by way of statutory declaration and allow any declarant to be cross-examined on his declaration. Translations. 13. If any instrument or document (other than a work the subject of an application) furnished in accordance with these Rules is in a foreign language, and [an] English translation thereof shall be annexed thereto the Comptroller may if he thinks fit require such translation to be verified by statutory declaration or otherwise to his satisfaction. Costs. 14. The Comptroller may award costs in any proceedings under these Rules, and direct how and by what parties they are to be paid. Further, in any case in which he thinks fit the Comptroller may require any person initiating proceedings to give security for costs, and in the event of such security not being forthcoming, may dismiss the application in question. General. 15. Where, under these Rules, any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced or left with the Comptroller, or at the Department, and it is shown to the satisfaction of the Comp- troller that from any reasonable cause such person is unable to do such act or thing, or to sign such document or to make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Comptroller, upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence. Dated this 29th day of November, 1920. R. S. HORNE, President of the Board of Trade. BEITISH COPYRIGHTS OWNED BY GERMANS, ETC. 369 First Schedule. App. ix. Fees. Subject or Proceeding. ' Amount. Corresponding Form. On application under Rule 6 for consent £ s. d. of Board of Trade to assignment, assurance, or licence of a restored copy- right — (a) Where tiie consideration is less 5 Form T.P. (Copyri ght) No. 1. than £1. {h) Where the consideration is £1 or 10 ,, ,, ,, more but less than £2. (c) Where the consideration is £2 or 1 ,, ,, ») more but less than £5. {d) Where the consideration is £5 or 2 >) >> II more. On application under Rule 7 for consent 2 »» No. 2. of Board of Trade to devolution of title to a restored copyright by operation of law. On application for licence under a restored 2 >> )i No. 3. copyright. On ajiplication for revision of licence. 5 No. 4. On application for expropriation, taking 5 ,, ,, No. 5. over, or sale of a restored copyright. On application for hearing by special 5 ,, ,, No. 6. tribunal in respect of the expropriation. taking over, or sale of a restored copy- right. For office copies, every 100 words (but 6 — never less than Is.)- Second Schedule. {Here follow the various forms referred to in the above Rules.) 24 APPENDIX X (See siqmi, pp. 59-77, 289-303.) INTERNATIONAL CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. Signed at Washington, June 2, 1911. [British liatijication deposited at JFashington, April 1, 1913.] UNION CONVENTION OF PARIS OF MAECH 20, 1883, FOR THE PROTECTION OF INDUSTRIAL PROPERTY, REVISED AT BRUSSELS ON DECEMBER 14, 1900, AND AT WASHINGTON ON JUNE 2, 1911. App. X, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India ; His Majesty the German Emperor, King of Prussia, in the name of the German Empire ; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, for Austria and for Hungary ; His Majesty the King of the Belgians ; the President of the United States of Brazil ; the President of the Republic of Cuba ; His Majesty the King of Denmark ; the President of the Dominican Republic ; His Majesty the King of Spain ; the President of the United States of America ; the President of the French Republic ; His Majesty the King of Italy ; His Majesty the Emperor of Japan ; the President of the United States of Mexico ; His Majesty the King of Norway ; Her Majesty the Queen of the Netherlands ; the President of the Provisional Government of the Kcpul>lic of Portugal ; His Majesty the King of Servia* ; His Majesty the King of Sweden ; the Federal Council of the Swiss Confederation ; and the Tunisian Government ; Having deemed it expedient to make certain modifications in, and additions to, the International Convention of the 20th March, 1883, for the creation of an International Union for the Protection of Industrial Property, revised at Brussels on the 14th December, 1900, have named as their Plenipotentiaries, that is to say : \IIere folloiv the names of the various Plenipotentiaries.'] Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles : — * Servia did not sign tlic Conveution. 370 INTERNATI0:NAL convention, AVASHINGTON, 1911 371 Article 1. App. The Contracting Countries constitute themselves into a Union for the protection of industrial property. Article 2. The subjects or citizens of each of the Contracting Countries shall in all the other countries of the Union, as regards patents, utility models, industrial designs or models, trade -marks and trade names, indications of origin, and the suppression of unfair competition, enjoy the advantages that their respective laws now grant, or may here- after grant, to their own subjects or citizens. Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided they observe the conditions and formalities imposed on native subjects or citizens. No obligation as to the possession of a domicile or establishment in the country where protection is claimed shall be imposed on those who enjoy the benefits of the Union. Article 3. Subjects or citizens of countries not forming part of the Union, who are domiciled or who have real and effective industrial or com- mercial establishments in the territory of any of the countries of the Union, shall be assimilated to the subjects or citizens of the contract- ing countries. Article 4. (a) Any person who has duly applied for a patent, the registration of a utility model, industrial design or model, or trade-mark, in one of the contracting countries, or his legal representative or assignee, shall enjoy, for the purposes of registration in other countries, and reserving the rights of third parties, a right of priority during the periods here- inafter stated. (6) Consequently, subsequent registration in any of the other countries of the Union before the expiration of these periods shall not be invalidated through any acts accomplished in the interval, either, for instance, by another registration, by publication of the invention, or by the working of it by a third party, by the sale of copies of the design or model, or by use of the trade -mark. (c) The above-mentioned periods of priority shall be twelve months for patents and utility models, and four months for industrial designs and models and trade -marks. (d) Any person desiring to take advantage of the priority of a previous application must make a declaration giving particulars as to the date of such application and the country in which it was made. Each country will determine for itself the latest date at which such declaration must be made. The particulars referred to shall be stated in the publications issued by the competent authority, and in particular in the patents issued and the specifications relating thereto. The Contracting Countries may require any person making a declaration of priority to produce a copy of the application (with the specification, drawings, etc.) previously made, certified as correct by the authority by whom it was received. Such copies shall not require any legal authentication. They may also require that the declaration shall be accompanied by a certificate from the proper authority showing the 372 INDUSTKIAL PKOPEiiTY App. X. date of the application, and also by a translation. No other formalities may be required for the declaration of priority at the time of applica- tion. Each of the contracting countries shall decide for itself what consequences shall follow th(! omission of the formalities prescribed by the present article, but such consequences shall in no case be more serious than the loss of the right of priority. (c) At later stages further proof in support of the application may be required. Article 4 his. Patents applied for in the various contracting countries by persons admitted to the benefits of the Convention in the terms of Articles 2 and 3 shall be independent of the patents obtained for the same invention in the other countries, whether such countries be or be not parties to the Union. This stipulation must receive a strict interpretation ; in particular, it shall be understood to mean that patents applied for during the period of priority are independent, both as regards the grounds for refusal and for revocation, and also as regards their normal duration. The stipulation shall apply to all patents already existing at the time when it shall come into effect. The same stipulation shall apply in the case of the accession of new countries, to patents in existence, either on one side or the other, at the time of accession. Article 5. The introduction by the patentee into the country where the patent has been granted of objects manufactured in any of the countries of the Union shall not entail forfeiture. Nevertheless, the patentee shall remain bound to work his patent in conformity with the laws of the country into which he introduces the patented objects, but with this reservation : that the patent shall not be liable to revocation on account of failure to work it in any country of the Union until after the expiration of three years from the date of application in that country, and then only in cases where the patentee cannot show reasonable cause for his inaction. Article 6. Every trade-mark duly registered in the country of origin shall be admitted for registration and protected in the form originally registered in the other countries of the Union. Nevertheless, the following marks may be refused or cancelled : 1. Those which are of such a nature as to prejudice rights acquired by third parties in the country in which protection is applied for. 2. Those which have no distinctive character, or which consist exclusively of signs or indications which serve in trade to designate the kind, quality, quantity, destination, value, place of origin or date of production, or which have become customary in the current language, or in the bona fide and unquestioned usages of the trade of the country in which protection is sought. In arriving at a decision as to the distinctiveness of the character of a mark, all the circumstances of the case must be taken into account, and, in particular, the length of time that such a mark has been in use. INTEENATIONAL CONVENTION, WASHINGTON, 1911 373 3. Those which are contrary to morality or public order. App. X. That country shall be deemed the country of origin where the appli- cant has his chief seat of business. If this chief seat of business is not situated in one of the countries of the Union, the country to which the applicant belongs shall be deemed the country of origin. Article 7. The nature of the goods on which the trade-mark is to be used can, in no case, form an obstacle to the registration of the trade-mark. Article 7 bis. The Contracting Countries undertake to allow the registration of, and to protect, trade-marks belonging to associations the existence of which is not contrary to the law of the country of origin, even if such associa- tions do not possess an industrial or commercial establishment. Nevertheless, each country shall be the sole judge of the particular conditions on which an association may be allowed to obtain protection for its marks. Article 8. A trade name shall be protected in all the countries of the Union without necessity of registration, whether it form part or not of a trade-mark. Article 9. All goods illegally bearing a trade-mark or trade name shall be seized on importation into those countries of the Union where this mark or name has a right to legal protection. If the law of any country does not admit of seizure on importation, such seizure shall be replaced bj' prohibition of importation. Seizure shall be effected equally in the country where the mark or name was illegally applied, or in the country to which the article bearing it may have been imported. The seizure shall take place at the request either of the proper Government department or of any other competent authority, or of any interested party, whether individual or society, in conformity with the domestic law of each country. The authorities are not bound to effect the seizure of goods in transit. If the law of any country does not admit either of seizure upon importation, of prohibition of importation, or of seizure within the country, these measures shall be replaced by the remedies assured in such case to subjects or citizens by the law of such country. Article 10. The stipulations of the preceding Article shall be applicable to every production which may falsely bear as indication of origin the name of a specified locality, when such indication shall be joined to a trade name of a fictitious character or used with intent to defraud. Any producer, manufacturer, or trader engaged in the production, manufacture, or trade of such goods, and established either in the locality falsely designated as the place of origin, or in the district where the locality is situated, is to be deemed a party concerned. 374 INDUSTUIAL PliOPEUTY App X. Article 10 his. All the Contracting Countries undertake to assure to those who enjoy the benefits of the Union eft'ective protection against unfair trade competition. Article 11. The Contracting Countries shall, in conformity with the legislation of each country, accord temporary protection to patentable inventions, to utility models, and to industrial designs or models, as well as to trade-marks, in respect of products which shall he exhibited at official, or otiicially recognised, international exhibitions held in the territory of one of them. Article 12. Each of the Contracting Countries agrees to establish a special Government department for industrial property and a central office for communication to the pul)lic of patents, utility models, industrial designs or models, and trade-marks. This department shall, as far as possible, publish an official periodi- cal paper. Article 13. The International Office, established at Berne under the name " Bureau international pour la Protection de la Propriete industrielle," is placed under the high authority of the Government of the Swiss Confederation, which is to regulate its organisation and supervise its working. The International Office will centralise information of every kind relating to the protection of industrial property, and will bring it together in the form of a general statistical statement, which will be distributed to all the Administrations. It will interest itself in all matters of common utility to the Union, and will edit, with the help of the documents supplied to it by the various Administrations, a periodical paper in the French language dealing with questions regarding the object of the Union. The numbers of this paper, as well as all the documents published by the International Office, will l»e circulated among the Administrations of the countries of the Union in the proportion of the numljer of con- tributing units as mentioned below. 8uch further copies as may be desired, either by the said Administrations, or by societies or private persons, will be paid for separately. The International Office shall at all times hold itself at the service of members of the Union, in order to supply them with any special information they may need on questions relating to the international system of industrial property. It will furnish an annual report on its working, which shall be communicated to all the members of the Union. The official language of the International Office will be French. The expenses of the International Office will be borne by the Con- tracting Countries in common. In no case may they exceed the sum of 60,000 fr. per annum. To determine the part which each country should contribute to this total of expenses, the Contracting Countries, and those which may afterwards join the Union, shall be divided into six classes, each contributing in the proportion of a certain luimber of units, namely : INTERNATIONAL CONVENTION, WASHINGTON, 1911 375 Units. App. X. 1st class ... ... ... ... ... 25 2nd 3rd 4th 5th 6th 20 15 10 5 3 These coefficients will be multiplied by the number of countries in each class, and the sum of the result thus obtained will supply the number of units by which the total expense has to be divided. The quotient will give the amount of the unit of expense. Each of the Contracting Countries shall designate at the time of its accession the class in which it wishes to be placed. The Government of the Swiss Confederation will superintend the expenses of the International Office, advance the necessary funds, and render an annual account, which will be communicated to all the other Administrations. Article 14. The present Convention shall be submitted to periodical revisions with a view to the introduction of amendments calculated to improve the system of the Union. For this purpose Conferences shall be held successively, in one of the contracting countries, between the delegates of the said countries. The Administration of the country in which the Conference is to be held will make preparation for the transaction of that Conference, with the assistance of the International Office. The Director of the International Office will be present at the meetings of the Conferences and will take part in the discussions, but without the privilege of voting. Article 15. It is agreed that the Contracting Countries respectively reserve to themselves the right to make separately, as between themselves, special arrangements for the protection of industrial property, in so far as such arrangements do not contravene the provisions of the present Convention. Article 16. Countries which are not parties to the present Convention shall be allowed to accede to it upon their request. The accession shall be notified through the diplomatic channel to the Government of the Swiss Confederation, and by the latter to all the other countries. It shall entail, as a matter of right, accession to all the clauses, as well as admission to all the advantages stipulated in the present Convention, and shall take effect one month after the despatch of the notification by the Government of the Swiss Confederation to the other countries of the Union, unless a subsequent date has been indicated by the acceding country. Article 1G bis. The Contracting Countries have the right of acceding to the present Convention at any time on behalf of their Colonies, Possessions, Dependencies, and Protectorates, or of any of them. 376 INDUSTRIAL PEOPERTY App. X. For this purpose they may either make a general declaration, including all their Colonics, Possessions, Dependencies, and Protector- ates in the accession, or may expressly name those included, or may confine themselves to indicating those which arc excluded therefrom. This declaration shall be notified in writing to the Government of the Swiss Confederation and by the latter to all the other countries. Under the same conditions the Contracting Countries may denounce the Convention on behalf of their Colonies, Possessions, Dependencies, and Protectorates, or of any of them. Article 17. The execution of the reciprocal engagements contained in the present Convention is subordinated, in so far as necessary, to the observance of the formalities and I'ules established by the constitutional laws of those of the Contracting Countries, who are bound to procure the application of the same, which they engage to do with as little delay as possible. Article 17 bis. The Convention shall remain in force for an unlimited time, till the expiry of one year from the date of its denunciation. This denunciation shall be addressed to the Government of the Swiss Confederation. It shall only aftect the denouncing country, the Convention remaining in operation as regards the other Contracting Countries. Article 18. The present Act shall be ratified and the ratifications deposited at Washington not later than the 1st April, 1913. It shall come into force, as between the countries which ratify it, one month after the expiration of that period. This Act, M'ith its Final Protocol, shall replace, as regards relations between the countries which ratify it, the Convention of Paris of the 20th March, 1883; the Final Protocol annexed to that Act; the Protocol of Madrid of the 15th April, 1891, regarding the endowment of the International Office ; and the Additional Act of Brussels of the 14th December, 1900. The above-mentioned Acts shall, however, remain in force as regards relations Avith countries which have not ratified the present Act. Article 19. The present Act shall be signed in a single copy, which shall be deposited in the archives of thc'Covernment of the United States. A copy, certified as correct, shall be forwarded by the latter to each of the Governments of the Union. In witness whereof the respective Plenipotentiaries have signed the present Act. Done at Washington, in a single copy, the 2nd June, 1911. FINAL PROTOCOL. On proceeding to the signature of the Act concluded this day, the undersigned Plenipotentiaries have agreed as follows : — To Article 1. The words " industrial property " are to be taken in their broadest sense; they extend to all productions of the agricultural industries INTEENATIONAL CONVENTION, WASHINGTON, 1911 377 (wines, corn, fruits, cattle, etc.), and of the mining industries (minerals, App. X. mineral waters, etc.). To Article 2. (a) Under the word "patents" are comprised the various kinds of industrial patents recognised by the legislation of each of the Contract- ing Countries, such as importation patents, improvement patents, etc., whether for processes or for products. (h) It is understood that the provision of Article 2, which exempts the subjects or citizens of the Union countries from the obligation as to the possession of a domicile and establishment, is of the nature of an interpretation, and is consequently to apply to all rights resulting from the Convention of the 20th March, 1883, before the present Act comes into operation. (c) It is understood that the provisions of Article 2 do not affect the legislation of each of the Contracting Countries as regards the procedure to be followed before the tribunals and the competence of those tribunals, nor as regards the election of domicile or appointment of an authorised agent which may be laid down in laws as to patents, utility models, trade-marks, etc. To Article 4. It is understood that when an industrial design or model is registered in a country in \aftue of a right of priority based on the registration of a utility model, the period of priority shall not exceed that fixed by Article 4 for industrial designs and models. To Article 6. It is understood that the provision of the first paragraph of Article 6 does not exclude the right of requiring from the person registering the mark a certificate proving due registration in the country of origin, issued by the competent authority. It is understood that the use of public armorial bearings, insignia, or decorations, unless authorised by the competent authorities, or the use of official hall-marks or signs indicating an official warranty, which may be adopted by a Union country, may be regarded as contrary to public order in the sense of No. 3 of Article 6. Marks containing a reproduction of public armorial bearings, decorations or insignia, with the authorisation of the competent authorities, shall not, however, be considered as contrary to public order. It is understood that a mark cannot be considered as contrary to public order solely on the ground that it does not conform to some provision of the trade-marks laws, unless such provision itself relates to public order. The present Final Protocol, which shall be ratififd at the same time as the Act concluded on this day, shall be considered as forming an integral part of, and shall have the same force, validity, and duration as, the said Act. In witness whereof the respective Plenipotentiaries have signed this Protocol. Done at Washington, in a single copy, the 2nd June, 1911. 378 INDUSTRIAL PROPERTY App. X. PROTOCOL. In execution of Article 18 of the Convention for the Protection of Industrial Property signed at AVashington the 2nd June, 1911, the undersigned, duly authorised thereto, have met together in oider to proceed to the deposit of the Acts of Ratification of the aforesaid Convention by their respective Governments. These Acts, having been presented and found to be in good and due form, have been entrnsted to the Secretary of State of the United States of America with a view to their deposit in the archives of the Government of the United States. In witness whereof the present Protocol has been prepared, of which a certified copy shall be communicated through the diplomatic channel to the Governments constituting the International Union for the Protection of Industrial Property. Done at Washington, the 1st April, 1913. APPENDIX XI (See sup-a, pp. 59-77, 289-303.) INTERNATIONAL CONVENTION RELATIVE TO THE PROTECTION OF LITERARY AND ARTISTIC WORKS, REVISING THAT SIGNED AT BERNE, SEPTEMBER 9, 1886, Etc. Signed at Berlin, November 13, 1908. [British Batification deposited at Berne, June 14, 1912.] CONVENTION. His Majesty the King of the United Kingdom of Great Britain App. XI. and Ireland, Emperor of India ; His Majesty the German Emperor, King of Prussia, in the name of the German Empire ; His Majesty the King of the Belgians ; His Majesty the King of Denmark ; His Majesty the King of Spain ; the President of the French riej)ublic ; His Majesty the King of Italy ; His Majesty the Emperor of Japan ; the President of the Republic of Liberia; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau ; His Serene Highness the Prince of Monaco ; His Majesty the King of Norway ; His Majesty the King of Sweden ; the Federal Council of the Swiss Confederation ; His Highness the Bey of Tunis ; Being equally animated by the desire to protect in as effective and uniform a manner as possible the rights of authors over their literary and artistic works. Have resolved to conclude a Convention for the purpose of revising the Convention of Berne of the 9th September, 1886, the Additional Article and the Final Protocol attached to the same Convention, as well as the Additional Act and the Interpretative Declaration of Paris of the 4th May, 1896. They have consequently appointed as their Plenipotentiaries, that is to say : [Here follow the names of the various Plenipotentiaries.'] Who, having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following Articles : — 379 380 LITERARY AND ARTISTIC PROPERTY App. XI. Article 1. The Contracting States are constituted into a Union for the protection of the rights of authors over their literary and artistic works. Article 2. The expression "literary and artistic works" shall include any production in the literary, scientific or artistic domain, whatever may be the mode or form of its reproduction, such as books, pamphlets, and other writings ; dramatic or dramatico-musical works, choreographic works and entertainments in dumb show, the acting form of which is fixed in writing or otherwise ; musical compositions with or without words ; works of drawing, painting, architecture, sculpture, engraving, and lithography ; illustrations, geographical charts ; plans, sketches, and plastic works relative to geography, topography, architecture or science. Translations, adaptations, arrangements of music and other repro- ductions in an altered form of a literary or artistic work, as well as collections of dill'erent works, shall be protected as original works without prejudice to the rights of the author of the original work. The Contracting Countries shall be bound to make provision for the protection of the above-mentioned works. Works of art applied to industrial purposes shall be protected so far as the domestic legislation of each country allows. Article 3. The present Convention shall apply to photographic works and to works produced by a process analogous to photography. The Con- tracting Countries shall be bound to make provision for their protection. Article 4. Authors who are subjects or citizens of any of the countries of the Union shall enjoy in countries other than the country of origin of the work, for their works, whether unpublished or first published in a country of the Union, the rights which the respective laws do now or may hereafter grant to natives, as well as the rights specially granted by the present Convention. The enjoyment and the exercise of these rights shall not be subject to the performance of any formality ; such enjoyment and such exercise are independent of the existence of protection in the country of origin of the work. Consequently, apart from the express stipula- tions of the present Convention, the extent of protection, as well as the means of redress secured to the author to safeguard his rights, shall be governed exclusively by the laws of the country where protection is claimed. The country of origin of the work shall be considered to be : in the case of unpublished works, the country to which the author belongs ; in the case of published works, the country of first publication ; and in the case of works published simultaneously in several countries of the Union, the country the laws of which grant the shortest term of pro- tection. In the case of works published simultaneouslv in a country outside the Union and in a country of the Union, the latter country shall be considered exclusively as the country of origin. By published works must be understood, for the purposes of the INTERNATIONAL CONVENTION OF BERLIN, 1908 381 present Convention, works copies of which have been issued to the App. XL public. The representation of a dramatic or dramatico -musical work, the performance of a musical work, the exhibition of a work of art, and the construction of a work of architecture shall not constitute a publication. Article 5. Authors being subjects or citizens of one of the countries of the Union who first publish their works in another country of the Union shall have in the latter country the same rights as native authors. Article 6. Authors not being subjects or citizens of one of the countries of the Union, who first publish their works in one of those countries, shall enjoy in that country the same rights as native authors, and in the other countries of the Union the rights granted by the present Convention. Article 7. The term of protection granted by the present Convention shall include the life of the author and fifty years after his death. Nevertheless, in case such term of protection should not be uniformly adopted by all the countries of the Union, the term shall be regulated by the law of the country where protection is claimed, and must not exceed the term fixed in country of origin of the work. Con- sequently, the Contracting Countries shall only be bound to apply the provisions of the preceding paragraph in so far as such provisions are consistent with their domestic laws. For photographic works and works produced by a process analogous to photography, for posthumous works, for anonymous or pseudony- mous works, the term of protection shall be regulated by the law of the country where protection is claimed, provided that the said term shall not exceed the term fixed in the country of origin of the work. Article 8. The authors of unpublished works, being subjects or citizens of one of the countries of the Union, and the authors of works first published in one of those countries, shall enjoy, in the other countries of the Union, during the whole term of the right in the original work, the exclusive right of making or authorising a translation of their works. Article 9. Serial stories, tales and all other works, whether literary, scientific, or artistic, whatever their object, published in the newspapers or periodicals of one of the countries of the Union may not be reproduced in the other countries without the consent of the authors. With the exception of serial stories and tales, any newspaper article may be reproduced by another newspaper unless the reproduction thereof is expressly forbidden. Nevertheless, the source must be indicated ; the legal consequences of the breach of this obligation shall be determined by the laws of the country where protection is claimed. The protection of the -present Convention shall not apply to news ' of the clay or to miscellaneous information which is simply of the nature of items of news. 382 LITERARY AND ARTISTIC PROPERTY App. XI. Article 10. As regards the liberty of extracting portions from literary or artistic works for use in publications destined for educational purposes or having a scientific character, or for chrestomathies, the effect of the legishition of the countries of the Union and of special arrangements existing, or to be concluded,* between them is not affected by the present Convention. Article 11. The stipulations of the present Convention shall apply to the public representation of dramatic or dramatico-musical works and to the public performance of musical works, whether such works be published or not. Authors of dramatic or dramatico-musical works shall be protected during the existence of their right over the original work against the unauthorised public representation of translations of the works. In order to enjoy the protection of the present Article, authors shall not be bound in publishing their works to forbid the public representation or performance thereof. ^ Article 12. '■^ -'■^ The following shall be specially included among'the unlawful repro- ductions to which the present Convention applies : Unauthorised indirect appropriations of a literary or artistic work, such as adaptations, musical arrangements, transformations of a novel, tale, or piece of poetry, into a dramatic piece and vice versa, etc., when they are only the reproduction of that work, in the same form or in another form, without essential alterations, additions or abridgments, 'and do not present the character of a new original work. Article 13. The authors of musical works shall have the exclusive right of authorising (l)the adaptation of those works to instruments which can reproduce them mechanically ; (2) the public performance of the said works by means of these instruments. Reservations and conditions relating to the application of this Article may be determined by the domestic legislation of each country in so far as it is concerned ; bat the effect of any such reservations and conditions will be strictly limited to the country which has put them in force. The provisions of paragraph 1 shall not be retroactive, and con- sequently shall not be applicable in any country of the Union to works which have been lawfully adapted in that country to mechanical instruments before the coming into force of the present Convention. Adaptations made in virtue of paragraphs 2 and 3 of the present Article, and imported without the authority of the interested parties into a country where they would not be lawful, shall be liable to seizure in that country. Article 14. Authors of literary, scientific, or artistic works shall have the exclusive right of authorising the reproduction and public representa- tion of their works by cinematography. Cinematograph productions shall be protected as literary or INTERNATIONAL CONVENTION OF BERLIN, 1908 38 artistic works if, by the arrangement of the acting form or the com- App. XI. binations of the incidents represented, the author has given the work a personal and original character. Without prejudice to the rights of the author of the original work the reproduction by cinematography of a literary, scientific, or artistic work shall be protected as an original work. The above provisions apply to reproduction or production eftected by any other process analogous to cinematography. Article 15. In order that the authors of works protected by the present Con- vention shall, in the absence of proof to the contrary, be considered as such, and be consequently admitted to institute proceedings against pirates before the Courts of the various countries of the Union, it will be sufficient that their name be indicated on the work in the accustomed manner. For anonymous or pseudonymous works the publisher whose name is indicated on the work shall be entitled to protect the rights belong- ing to the author. He shall be, without other proof, deemed to be the legal representative of the anonymous or pseudonymous author. Article 16. Pirated works may be seized by the competent authorities of any country of the Union where the original work enjoys legal protection. In such a country the seizure may also apply to reproductions imported from a country where the work is not protected, or has ceased to be protected. The seizure shall take place in accordance with the domestic legislation of each country. Article 17. The provisions of the present Convention cannot in any way derogate from the right belonging to the G-overnment of each country of the Union to permit, to control, or to prohibit, by measures of domestic legislation or police, the circulation, representation, or exhibi- tion of any works or productions in regard to which the competent authority may find it necessary to exercise that right. Article 18. The present Convention shall apply to all works which at the moment of its coming into force have not yet fallen into the public domain in the country of origin through the expiration of the term of protection. If, however, through the expiration of the term of protection which was previously granted, a work has fallen into the public domain of the country where protection is claimed, that work shall not be protected anew in that country. The application of this principle shall take effect according to the stipulations contained in special Conventions existing, or to be con- cluded, to that effect between countries of the Union. In the absence of such stipulations the respective countries shall regulate, each in so far as it is concerned, the manner in which the said principle is to be applied. The above provisions shall apply equally in case of new accessions 384 LITERARY AND ARTISTIC PROPERTY App. XI, to the Union, and also in the event of the term of protection being extended by the application of Article 7. Article 19. The provisions of the present Convention shall not prevent a claim ' being made for the application of any wider provisions which may be made by the legislation of a country of the Union in favour of foreigners in general. Article 20. The Governments of the countries of the Union reserve to them- selves the right to enter into special arrangements between each other, provided always that such arrangements confer upon authors more extended rights than those granted by the Union, or embody other stipulations not contrary to the present Convention. The provisions of existing arrangements which answer to the above-mentioned con- ditions shall remain applicable. Article 21. The International Office established under the name of the " Office of the International Union for the Protection of Literary and Artistic Works " shall be maintained. That Office is placed under the high authority of the Government of the Swiss Confederation, which regulates its organisation and supervises its working. The official language of the Office shall be French. Article 22. The International Office collects every kind of information relative to the protection of the rights of authors over their literary and artistic works. It arranges and publishes such information. It under- takes the study of questions of general interest concerning the Union, and, by the aid of documents placed at its disposal by the different Administrations, edits a periodical publication in the French language on the questions which concern the objects of the Union. The Govern- ments of the countries of the Union reserve to themselves the power to authoi'ise by common accord the publication by the Office of an edition in one or more other languages, if experience should show this to be requisite. The International Office will always hold itself at the disposal of members of the Union with the view to furnish them with any special information which they may require relative to the protection of literary and artistic works. The Director of the International Office shall make an annual Report on his administration, which shall l)e communicated to all the members of the Union. Article 23. The expenses of the Office of the International Union shall be shared by the Contracting States. Until a fresh arrangement be made they cannot exceed the sum of 60,000 fr. a year. This sum may be increased, if necessary, by the simple decision of one of the Conferences provided for in Article 24. The share of the total expense to be paid by each country shall be determined ])y the division of the Contracting and acceding countries 25 units 20 15 10 5 3 INTERNATIONAL CONVENTION OF BERLIN, 1908 385 into six classes, each of which shall contribute in the proportion of App. XI. a certain number of units, viz : 1st class . 2nd „ 3rd „ 4th „ 5th „ 6th „ These coefficients are multiplied by the number of countries of each class, and the total product thus obtained gives the number of units by which the total expense is to be divided. The quotient gives the amount of the unit of expense. Each country shall declare, at the time of its accession, in which of the said classes it desires to be placed. The Swiss Administration prepares the Budget of the Office, super- intends its expenditure, makes the necessary advances, and draws up the annual account which shall be communicated to all the other Administrations. Article 24. The present Convention may be submitted to revisions in order to introduce therein amendments calculated to perfect the system of the Union. Questions of this kind, as well as those which are of interest to the Union in other respects, shall be considered in Conferences to be held successively in the countries of the Union by delegates of the said countries. The Administration of the country where a Conference is to meet prepares, with the assistance of the International Otfice, the programme of the Conference. The Director of the Office shall attend at the sittings of the Conferences, and shall take part in the discussions without the right to vote. No alteration in the present Convention shall be binding on the Union except by the unanimous consent of the countries composing it. Article 25. States outside the Union which make provision for the legal protec- tion of the rights forming the object of the present Convention may accede thereto on request to that eftect. Such accession shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union. Such accession shall imply full adhesion to all the clauses and admission to all the advantages provided by the present Convention. It may, nevertheless, contain an indication of the provisions of the Con- vention of the 9th September, 1886, or of the Additional Act of the 4th May, 1896, which they may judge necessary to substitute, provisionally least, for the corresponding provisions of the present Convention. Article 26. Contracting Countries shall have the right to accede to the present Convention at any time for their Colonies or foreign possessions. They may do this either by a general declaration comprising in the accession all their Colonies or possessions, or by specially naming 25 386 LITERARY AND ARTISTIC PROPERTY App. XI, those comprised therein, or by simply indicating those which are excluded. Such declaration shall be notified in writing to the Government of the Swiss Confederation, who will communicate it to all the other countries of the Union, Article 27. The present Convention shall replace, in regard to the relations between the Contracting States, the Convention of Berne of the 9th September, 1886, including the Additional Article and the Final Protocol of the same date, as well as the Additional Act and the Inter- pretative Declaration of the 4th May, 1896. These instruments shall remain in force in regard to relations with States which do not ratify the present Convention. The Signatory States of the present Convention may declare at the exchange of ratifications that they desire to remain bound, as regards any specific point, by the provisions of the Conventions which they have previously signed. Article 28. The present Convention shall be ratified, and the ratifications exchanged at Berlin not later than the 1st July, 1910. Each Contracting Party shall, as regards the exchange of ratifica- tions, deliver a single instrument, which shall be deposited with those of the other countries in the archives of the Government of the Swiss Confederation. Each party shall receive in return a copy of the Protocol of the exchange of ratifications signed by the Plenipotentiaries who took part. Article 29. The present Convention shall be put in force three months after the exchange of ratifications, and shall remain in force for an indefinite period until the termination of a year from the day on which it may have been denounced. Such denunciation shall be made to the Government of the Swiss Confederation. It shall only take effect in regard to the country making it, the Convention remaining in full force and effect for the other countries of the Union. Article 30. The States which shall introduce in their legislation the duration of protection for fifty years contemplated by Article 7, first paragraph, of the present Convention, shall give notice thereof in writing to the Government of the Swiss Confederation, who M'ill communicate it at once to all the other States of the Union. The same procedure shall be followed in the case of the States renouncing the reservations made by them in virtue of Articles 25, 26, and 27. In faith whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done at Berlin, the 13th day of November, 1908, in a .single copy, which shall be deposited in the archives of the Government of the Swiss Confederation, and of which duly certified copies shall be trans- mitted by the diplomatic channel to the Contracting Countries. INTERNATIONAL CONVENTION OF BERLIN, 1908 387 RATIFICATIONS. -^PP- ^l {Belgium, Germany, Hayli,* Japan, Liberia, Luxemburg, Monaco, and Svntzerland.) PROTOCOL OF DEPOSIT. In conformity with the stipulations of Article 28 of the revised Berne Convention for the Protection of Literary and Artistic Works, signed at Berlin the 13th November, 1908, and in consequence of the invitation addressed by the Government of the German Empire to the Governments of the High Contracting Parties, the undersigned representatives have this day met together in order to proceed to the examination and deposit of ratifications. Present : [Here follow the names of the Representatives.^ The following is the effect of the declarations made with regard to ratification by the representatives of the Governments of the States forming the international Union : — 1. Germany, Belgium, Hayti, Liberia, Luxemburg, Monaco, and Switzerland have ratified the revised Berne Convention of the 13th November, 1908, in its complete form. 2. Japan, having regard to Article 27 of the said Convention, has ratified it with the following reservations : — 1. So far as concerns the exclusive right of authors to make or to authorise the translation of their works, the Imperial Japanese Government, in lieu of acceding to Article 8 of the above-mentioned Convention, will still remain bound by the provisions of Article 5 of the Berne Convention of the 9th September, 1886, as modified by Article 1 (3) of the Additional Act, signed at Paris the 4th May, 1896. 2. As regards the public performance of musical works, the Imperial Japanese Government, in lieu of acceding to Article 1 1 of the said Convention of the 13th November, 1908, will remain bound by the stipulations of Article 9, paragraph 3, of the Berne Convention of the 9th September, 1886. 3. The Governments of the under-mentioned States are not yet in a position to deposit their ratifications : — Denmark, Spain, France, Great Britain, Italy, Norway, Sweden, and Tunis. The instruments of ratification of — His Majesty the German Emperor, King of Prussia, His Majesty the King of the Belgians. The President of the Republic of Hayti, His Majesty the Emperor of Japan, The President of the Republic of Liberia, His Royal Highness the Grand Duke of Luxemburg, His Serene Highness the Prince of Monaco, The Federal Council of the Swiss Confederation, * While Hayti did not actually sign the Convention of November 13, 1908, it accepted in advance the decisions arrived at by the Conference held at Berlin. 388 LITERACY AND ARTISTIC PROPERTY App. XI. have conse(iiiently been produced, and, having been found in good and due form, have been entrusted to the hands of the Minister of the Swiss Confederation for the purpose of deposit in the archives of the Government of that country, in conformity with Article 28, para- graph 2, of the revised Berne Convention of the 13th November, 1908. The Governments of the Contracting Countries which shall be in a position to ratify the aforesaid revised Convention up to 1st July next may forward the acts of ratification to the Department of Foreign Affairs of the German Empire until that date. The Note by which such act shall be communicated to the department mentioned, and which shall contain, if the case arises, the reservations provided for by Article 27, paragraph 2, shall be considered as forming an integral part of the present Protocol ; it shall be included in all the copies thereof, as signed by the representative of the country in question, after which the copies shall be forwarded to the representatives of the Signatory States b}^ the aforesaid department. Countries which ratify up to the 1st July, 1910, the revised Convention of the 13th November, 1908, shall equally have the power of making it operative on the 9th September, 1910. Ratifications which come to hand after the 1st July, 1910, shall be notified to the Government of the Swiss Confederation, and by the latter to all the other Contracting States. It is understood that Governments of countries which ratify after the 1st July are at liberty to select the period ending the 9th September, 1910, for putting into force the revised Convention in preference to the period of three months provided by Article 29 of that Convention. In witness whereof the present Protocol relating to the declarations made and the deposits effected has been signed by all the representa- tives present. Done at Berlin, the 9th June, 1910, in sixteen copies, in conformity with Article 28, paragraph 2, of the Convention of the 13th November, 1908. APPENDIX XII (See supra, pp. 60, 289.) ADDITIONAL PEOTOCOL TO THE INTERNATIONAL COPYEIGHT CONVENTION OF NOVEMBER 13, 1908. Signed at Berne, March 20, 1914. British Batification deposited July 8, 1914. The countries belonging to the International Union for the protec- tion of literary and artistic works, being desirous of permitting the limitation at discretion of the application of the Convention of the 13th November, 1908, have adopted by common consent the following Protocol : 1. Where any country outside the Union fails to protect in an adequate manner the works of authors who are subject to the jurisdic- tion of one of the contracting countries, nothing in the Convention of the 13th November, 1908, shall affect the right of such contracting country to restrict the protection given to the works of authors who are, at the date of the first publication thereof, subjects or citizens of the said non-Union country, and are not effectively domiciled in one of the countries of the Union. 2. The right accorded by the present Protocol to contracting States belongs equally to any of their oversea possessions. 3. No restrictions introduced by virtue of article 1 of the present Protocol shall in any way affect the rights which an author may have acquired in respect of a work published in a country of the Union before such restrictions were put in force. 4. The States which restrict the grant of copyright in accordance with the present Protocol shall give notice thereof to the Government of the Swiss Confederation by a written declaration specifying the countries in regard to which protection is restricted, and the restric- tions to which rights of authors who are subject to the jurisdiction of these countries are subjected. The Government of the Swiss Con- federation will immediately communicate this declaration to all the other States of the Union. 5. The present Protocol shall be ratified, and the ratifications deposited at Berne within a period not exceeding twelve months from the date thereof. It shall come into operation one month after the expiration of this period, and shall have the same force and dura- tion as the Convention to which it relates. In witness whereof the Plenipotentiaries of the countries belonging to the Union have signed the present Protocol, a certified copy of which shall be transmitted to each of the respective Governments. Done at Berne, the 20th day of March, 1914, in a single copy, deposited in the archives of the Swiss Confederation. 389 APPENDIX XIII (See siqna, pp. 305, 310.) OEDEE AMENDING THE TEEATY OF PEACE OEDEE, 1919. STATUTOEY EULES AND OEDEES, 1920, No. 2,461. PEACE TREATIES. Treaty (of Versailles) with Germany. The Treaty of Peace (Amendment) (No. 2) Order, 1920. At the Court at Buckingham Palace, the 9th day of November, 1920. Present : The King's Most Excellent Majesty in Council. Whereas in pursuance of the powers conferred on Him by the Treaty of Peace Act, 1919,' His Majesty in Council was pleased to make the Treaty of Peace Order, 1919 -^ (hereinafter referred to as the " principal Order ") : And whereas the principal Order was amended by the Treaty of Peace (Amendment) Order, 1920 ■? And whereas it is expedient that the principal Order as so amended should be further amended in manner hereinafter appearing : Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows : — 1. The provisions of the principal Order, 1919, as amended by the Treaty of Peace (Amendment) Order, 1920, set out in the first column of the Schedule to this Order shall be amended in the manner shown in the second column of that Schedule. 2. Paragraph (vi.) of Article one of the principal Order shall have effect and shall be deemed always to have had effect as if the words " or any other person " were therein inserted after the word " creditor." 3. Paragraph (xvii.) of Article one of the principal Order shall have effect and shall Ije deemed always to have had effect as if at the end thereof the following sub-paragraph were added — " (/) the Custodian shall have power to charge such fees in respect of his duties under this paragraph, whether by way of percentage or otherwise, as the Treasury may fix, and the fees shall be collected and accounted for by such persons in such manner, and shall be paid to such account as the Treasury direct, and the incidence of the fees as between capital and income shall be determined by the Custodian." 1 9 and 10 Geo. V.. e. 33. 2 S.R. and 0., 1919, No. 1517. See supra, p. 305. 3 S.R. and 0., 1920, No 1410. See mpra, p. 305. 390 PEACE TREATY AMENDMENT ORDER 391 4. This Order may be cited as the Treaty of Peace (Amendment) (No. 2) Order, 1920, and the principal Order, the Treaty of Peace (Amendment) Order, 1920, and this Order may be cited together as the Treaty of Peace Orders, 1919 to 1920. Almeric FitzRoy. Schedule. Article. 1 (iv.) 1 (xIv.a) 1 (xvii.) Nature of Amendment. 1 (xviii.) After the words "found due," there shall be inserted the words "together with such interest as aforesaid." For the words " Board of Trade " there shall be substituted the words " Cleariiig Olfice. " At the end of sub -paragraph (c) there shall be added the words " and to require any person having in his possession any docu- "ments of title to any such stock, shares, or other securities to " deliver the same to him, and an acknowledgment signed by " him of such delivery to him, shall be a sufficient discharge " to the person delivering the same." After sub-paragraph (cc) the following sub-paragraphs shall be inserted — " (ccc) Where the property, right, or interest subject to the "charge, consists of any sum of money due to a German "national (not being an enemy debt within the meaning of " Article 296 of the Treaty) it shall be payable to the Custodian, " and shall be paid to him on demand, and the Custodian shall "have power to enforce the payment thereof, and for that " purpose shall have all such rights and powers as if he were "the creditor. " (cccc) A certificate by the Custodian that any property, "right, or interest is subject to the charge shall be sufficient "evidence of the facts stated in the certificate, and where any " such application, requirement, or demand of the Custodian " as aforesaid is accompanied by such a certificate, the com- "pany, municipal authority, or other body by whom the " securities were issued or are managed, the person in posses- " sion of the property transferable by delivery, or the person "by whom a sum of money is due shall comply with the " apphcation, requirement, or demand, and shall not be liable " to any action or other legal proceeding in respect of such " compliance, but if it is subsequently proved that the property, "right, or interest was not subject to the charge, the owner "thereof shall be entitled to recover the same from the " Custodian or if it has been sold the proceeds of sale but not "to any other remedy." For the words " ten months " there shall be substituted the words "sixteen months." INDEX. ACCOUNTS, Anslo-German agreement as to delivery of, in respect of British property in Germany, 338-344 property of Allied nationals in enemy territory, must be delivered in respect ACTS OF WAR, Austrian Government, Allied nationals may recover compensation for, of, 112- 115, 242-3 Bulgarian Government, Allied nationals may recover compensation for, of, 115, ^ X- 242-3 damage caused by, of Central Power, Allied nationals may recover amount of, 25. 105, 112-120, 242-3 German Government, Allied nationals may recover compensation for, of, 112- 115, 242-3 Hungarian Government, Allied nationals may recover compensation for, of, 112-115, 242-3 Mixed Arbitral Tribunal, when compensation for, is fixed by, 115-116 Reparation Commission, when compensation for, is fixed by, 114-115 Turkish Government, Allied nationals may recover compensation for, of, 117-120 ADMINISTRATOR OF AUSTRIAN PROPERTY, 41, 48, 140, 313 appointment of, by Order in Council, 140, 313 Board of Trade may vest enemy property in, 316 certificate of, conclusive evidence, 318 commission retained by, out of money collected by Clearing Office, 318 delivery of Austrian property to, 316 documents signed by, to be received in evidence, 318 information as to Austrian property may be required by, 316-7 moneys handed over to him, powers of, to deal with, 317 notice to be given to, by person holding enemy property, 316 order vest Austrian property in, Board of Trade may by, 316 powers of, 315-317 proceedings may be taken by, on behalf of Clearing Office, 318 property vested in him, powers of, to deal with, 317 release Austrian property charged in favour of British nationals, may, 315 rules for carrying into elfect the Treaty of Peace (Austria) Order, 1920, may make, 317 sale of securities by, is authorised by the Treaty of Peace (Austria) Order, 1920, 316 surplus of German assets to be paid over to, 317 AGREEMENTS, 78-92, 158-159, 162-163, 176, 251-286. See CONTRACT BETWEEN ENEMIES AGREEMENT BETWEEN BRITISH AND GERMAN GOVERNMENTS, British property in Germany, as to recovery of, 338-342 German property in the United Kingdom, as to release of, 342-344 ALLIED AND ASSOCIATED POWERS, jurisdiction of the Courts of Justice of, 95-98, 260-263 meaning of expression, 6 " nationals " of, meaning of, 197 parties to Peace Treaties, which are, 5-7 Principal, 5, 180 rights of nationals of. See ALLIED NATIONALS ALLIED LAW COURTS, jurisdiction of, 95-98, 260-263 orders made by, during the Avar, 95 393 394 INDEX ALLIED NATIONALS, accounts in respect of property of, in territory of Central Powers must be delivered, 249 acts of war done by Central Powers, entitled to compensation for, 25, 112-117 artistic property belonging to, Treaty riglits in respect of, 65-68, 289-303. See LITERARY AND ARTISTIC TROPERTY Austria, private property of, in. 19-33, 223-249. 8ee AUSTRIA (PEACE TREATY WITH) Bolshevist measures in Hungary against property of, are annulled, 20, 153-154, 236 Bulgaria, private property of, in, 19-33, 223-249. See BULGARIA (PEACE TREATY WITH) charge on enemy property in territory of Allied Power, entitled to, 17-18, 24, 34, 168, 241-243, 308-9, 315 Clearing Office, rights of, recovering enemy debts through, 41-58, 191-223. See CLEARING OFFICE compensation for, are entitled to, acts of war done by Central Powers, 25, 112-117, 243 dissolution of contract with enemy, 105, 259 exceptional war measures in territory of Central Power, 21-22, 104, 116, 229 measures of transfer in territory of Central Power, 21-22, 104, 116, 229 non-restitution in specie of his property subjected to war measures, 23, 32, 231-233 contracts between, and enemy nationals, 78-92, 251-281 currency in which debts owing to, must be paid, 55, 57, 174, 204-207 debt owing by enemy, steps to be taken by, for recovery of, 29-30, 48-52 Egyptian nationals are to be treated as, 164 enemy nationals claiming debt owing by, rights of, 29. 56-58 exceptional war measures against property of, must be discontinued, 20, 104, 116, 223 Germany, private property of, in, 19-33, 223-249. See GERMANY (PEACE TREATY WITH) Government bonds issued by Enemy Power, sums payable to, in respect of, 2, 121-138 Hungary, private property of, in, 19-33, 223-249. See HUNGARY (PEACE TREATY WITH) industrial property belonging to, Treaty rights in respect of, 19-33, 223-249. See INDUSTRIAL PROPERTY in Sj>ede restitution of property of, is prescribed by Treaties, 30-31, 231-233 investments of cash assets of, are annulled, 26, 247-249 ipsofaxto become, persons who, 144-146, 152-153, 158, 227, 255 lease of land in enemy country granted to, is not dissolved by Treaties, 82, 267 liquidation of property of, in enemy territory, 20, 24, 223, 235 literary property belonging to, Treaty rights in respect of, 65-68, 289-303. See LITERARY AND ARTISTIC PROPERTY measures of transfer of property of, must be discontinued, 20, 104, 116, 223 mortgage granted to, by enemy national is not dissolved by Treaties, 82, 267 orders made by Courts of Justice with reference to property of, 94-95, 98-100, 261, 289 preservation of property of, is duty of enemy Powers, 21, 237, 245 pre-war rate of exchange, debts owing to, are payable at, 21, 55, 140, 157, 175, 207 proceeds of sale of jiroperty of, 24, 31, 233-235 rate of exchange applicable to debts owing by enemy nationals to, 55, 57, 207 recovery of property of, in territory of Central Powers, 30-33, 231-233 Reparation Commission fixes tlie compensation payable to, for injuries, 7, 114 restitution of property of, is prescribed by Treaties, 20-21, 30-31,' 223, 231-233. 247 revision of orders made by enemy Courts of Law in respect of property of, 98-100, 261, 289 sale of property of, by Government of Central Power, application of proceeds of, 24, 233-235 compensation may be recovered for, 21, 227 discontinuance of, Treaties prescribed, 20, 223 proceeds of, may be recovered by the Allied nationals, 31, 233-235 steps to be taken by, for recovery of, debt owing to them by national of Central Power, 29-30, 48-52 property in territory of Central Power, 30-33, 231-233 INDEX 395 ALLIED 'NATIO'NALS— Continued. suspension of period of prescription between, and Allied nationals, 88, 257 taxes levied by Central Powers on property of, must be repaid, 24, 237 trade-marks of, 245. See TRADE-MARKS ALLIED POWERS, which Powers are called the, 5-7 ALSACE-LORRAINE, exempted from bearing any part of the pre-war debt of Germany, 122-123 ANGLO-GERMAN MIXED ARBITRAL TRIBUNAL, 108-110, 324-337 rules of procedure of. See RULES OF PROCEDURE ANNEXED TERRITORY. See TRANSFERRED TERRITORY APPEAL, Anglo-German Mixed Arbitral Tribunal as to, from decision of Clearing Office, rules of, 330-331 Clearing Office, from decision of, 52, 217, 324 deposit to be paid on, to Mixed Arbitral Tribunal, 54 fee payable in respect of disputed debt brought on, before Mixed Arbitral Tribunal, 55 security for costs to be given on, to Mixed Arbitral Tribunal, 54 APPORTIONMENT OF LIABILITY ON GOVERNMENT SECURITIES, Alsace and Lorraine are exempted from provisions of, 28, 122-123 Austria, issued by, 27, 123-132 Bulgaria, issued by, 28, 132-134 Germany, issued by, 28, 121-123 Hungary, issued by, 27, 123-132 Turkey, issued by, 134-138 ARBITRATOR, acts of war of Central Powers, Mixed Arbiti-al Tribunal may appoint, to assess damage caused by, 105 differences as to debt which it is sought to enforce through Clearing Office may determine, 53. 217 exceptional war measures, may determine sum recoverable by Allied national for, 116 measure of transfer, may determine sum recoverable by Allied national for, 116 ARMENIA, Allied Powers, is one of the, 7 Turkey, is one of the parties to the Peace Treaty with, 7, 161 ARMISTICE, DATES OF. See DATES ARTISTIC PROPERTY, 59-77, 289-303. See LITERARY AND ARTISTIC PROPERTY AUSTRALIA, orders in Council in England giving statutory force to Peace Treaties are not operative in, 140 party to the Peace Treaties, is, 5-7 rights of nationals of. See ALLIED NATIONALS AUSTRIA (PEACE TREATY WITH), accounts as to Allied property in Austria, requires Austria to deliver, 249 acts of war of Austria, compensation is recoverable by Allied nationals under, for, 25. 112-117 Administrator has been appointed to superintend Anglo-Austrian Clearing Office established under, 41. 140-141. 316-318 Allied Law Courts, requires Austria to give effect to orders of, 94-95, 260-263 Allied nationals are entitled to restitution of their property in Austria under, 21. 223, 247 apportionment by Reparation Commission of liability on Government Bonds under, 124 artistic property, contains provisions protecting, 35-36, 58-77, 289-303. See LITERARY AND ARTISTIC PROPERTY Austrian national under, rights of. See AUSTRIAN NATIONAL Austrian property in Allied territory charge on. Allied Powers authorised by, to create, 17-18, 24, 241-3 liquidate, Allied Powers authorised by, to, 17-18, 33, 225 retain, Allied Powers authorised by, to, 17-18, 32, 225 Berlin Convention, provides that Austria shall adhere to, 63, 289 396 INDEX AUSTRIA (PEACE TREATY y:iT}l)—Contimied. Britisli copyrights and patents owned by Austiians, 357-368 capital sums payable in respect of Government Bonds are recoverable through Clearing OHice under, 12, 142, 202 cliarge on Austrian property in Allied territory, authorises Allied Powers to create, 17-18, 2-1, 34, 241-243, 315 Clearing Office for collection of enemy debts is established under, 41-58, 191- 223. iiee CLEARING OFFICE colonies under, Allied Powers may retain or liquidate Austrian property in territory of Allied, 33, 225 commercial association contracts are confirmed by, rules as to closure of, 266- 268 compensation recoverable by Allied nationals under, acts of war done by Austria, for, 25, 112-117, 243 dissolution of contract between enemies, for, 105, 259 exceptional war measures in Austria, for, 21-22, 104, 116, 229 measures of transfer in Austria, for, 21-22, 104, 116, 229 non-restitution in specie of pro]ierty subjected to war measures, for, 23, 32, 231-233 compensation recoverable by Austrian from his Government under, in case of liquidation or retention of his property by Allied Power, 35, 37, 52, 71, 236-237 concession is not dissolved by war under, 82, 266-267 confirmation of Orders of Courts and Governments of Contracting Power by, 94, 98, 229, 239 continuance of war measures against Austrian property in Allied territory, authorises, 33, 225, 247, 291 contracts Ijetween enemies, provisions in, as to, 78-92, 251-281. See CON- TRACT BETWEEN ENEMIES copyright in Austria, jirovisious in, as to, 35-36, 58-77, 289-303 Courts of Justice of Contracting Powers under, jurisdiction of and effect of orders of, 93-103, 261, 283 currency in which debts are to be paid under provisions of, 55, 57, 204-207 date of ratification of (July 16, 1920) date of signature of (September 10, 1919) debts under provisions of, recovery of, 29-30, 40-58, 191-223 delivery of securities held by Austrians and affecting property in Allied territory, prescribes, 247 dissolution of contracts between enemies by virtue of, 80, 251, 267 compensation recoverable for, when, 105, 259 distinguishing features of, 11, 140-151 dividend cou]ions lias been extended by, period for presentation of, 257 "Economic clauses" in, 8-12, 191-303 Egypt is dealt with under, how property of Austrians in, 146 " enemies " in, meaning of expression, 80-81, 263-265 enemy debts. Clearing Office under, recoverable through, 44-46, 191-223 meaning of exju-ession, 45-46, 193, 211 exceptional war measures in Austria against Allied nationals must be stayed under, 20, 223 expropriation of Austrians under provisions of, 18-19 extension of time for enforcing contract between enemies, effected by, 88, 257 "Financial clauses" in, 123-132 fire insurance contracts between enemies, }irovisions in, as to, 82-83, 271-273 Government bonds issued by Austrian Emijire before war, apportions liability in respect of, 2, 123-132 Government guarantee of debts of its nationals recoverable through Clearing Office under, each Power gives, 18, 43-44, 56, 203, 211 Government securities issued by Austrian Empire before war. apportions liability in respect of, 2, 123-132 industrial property, provisions in, as to, 35-36, 59^-77, 249, 289-303. See INDUSTRIAL PROPERTY territory transferred under the Treaty, in the, 303 ill specie restitution of property of Allied nationals required by, 30-31, 231-233 insurance contracts, provisions in, as to, 82-87, 271-281 investments of cash of nationals of Contracting Powers are annulled by, 26, 35, 274 ipso facto nationals of Allied Powers under, persons who are, 144-146 INDEX 397 AUSTRIA (PEACE TREATY \YITR)— Continued. _ • iudsnnents given by Austrian Courts during the war, provisions in, as to, 9S-100, 261,289 lease of land is not dissolved by, 82, 267 lien is not dissolved by, contract of, 82, 267 life assurance contracts, provisions in, as to, 83-85, 273-277 limitation of right of action is suspended by, 88-89, 257 liquidation of property of. Allied nationals, provisions in, as to, 24, 32, 235 Austrian nationals in Allied territory, provisions in, as to, 17-18. 33-34, 225, 235 literary property, provisions in, as to, 35-36, 59-77, 249, 289-303. See LITERARY AND ARTISTIC PROPERTY territory transferred under the Treaty, in the, 303 marine insurance contracts, provisions in, as to, 85-86, 276-277 measures of transfer in Austria against property of Allied nationals must cease under. 20, 223 mining concessions are not dissolved by, 82, 266-267 Mixed Arbitral Tribunal, provides for establishment of, 103-111, 281-289 mortgage not dissolved by, contract of, 82, 267 negotiatile instruments, provisions in, as to, 87-88, 261, 269-271 Orders of Board of Trade as to British copyrights and patents owned by Germans, Austrians, or Bulgarians, 345-368 Order iu Council for giving statutory effect to, in Great Britain, 36-38, 191-193, 313 orders made by Allied and Austrian Courts of Justice, provisions in, as to, 94-95, 98-100, 261, 289 outline of, 7-12 Paris Convention, pro\ides that Austria shall adhere to, 63, 289 parties to, 6 patents, provisions in, as to, 59-77, 289-303 period of prescription is suspended by, 26-27, 36, 88-89, 257 pledge is not dissolved by, contract of, 82, 267 preservation of property of Allied nationals, imposes on Austria the duty of, 21, 237, 245 pre-war rate of exchange under, when debts are payable at the, 55, 57, 207 price to be allowed by Allied Power for Austrian property retained under, 227 ratification of (July 16, 1920) recovery by Allied nationals of their property in Austria under, 20-21, 30-31, 231-233 reinsurance contracts, provisions in, as to, 86-87, 279-281 Reparation Commission under, compensation for injury to person or property to be fixed by, 7, 114 restitution of Allied property in Austria is required by, 20-21, 30-31, 223, 231- 233, 247 restrictions on user of industrial and literary property in Allied territory is authorised by, 71. 74, 293 retention of property of Austrians in Allied territory is authorised by, 17-18, 33, 225, revision of orders made by Austrian law courts, provisions in, as to the, 98-100, 261, 289 revival of International Convention of Washington, provides for, 59, 289 sale of property of Allied national by Austrian Government, application of pi'oceeds of, under, 24, 233-235 compensation can be recovered under, for, 21, 227 discontinued, requires, to be, 20, 223 proceeds of, may be recovered by such Allied national under, 31, 233-235 sale of property of Austrian by Allied Government, application of proceeds of, under, 233-235 charged in favour of Allied nationals under, proceeds of, mav be, 33-34, 241- 242 completed by Allied Power under, may be, 33, 225 proceeds of, will be accounted for through Clearing Office under, 57, 203, 235 I sale of security for unpaid debt during the war is confirmed by, 90, 268-269 securities belonging to Austrians relating to jiroperty in Allied territory to be delivered to Allied Power, requires, 249 Siam is dealt with under, how property of Austrians in, 146 398 INDEX AUSTRIA (PEACE TREATY ^ylTli)— Continued. signature of (September 10, 1919) special ])ro visions in, 11, 1 40-101 Stock Exchange contracts are confirmed by, rules as to closure of, 267-269 suspension of period of prescription by, 26-27, 36, 88-89, 256-257 taxes on capital levied by Austria on property of Allied nationals, requires repay- ment of, 24, 237 trade-marks, provisions in, as to. See INDUSTRIAL PROPERTY trade-marks used in common by companies trading in Opposing States, i)rovisions in, as to, 245 transferred by Austria under, Allied Power may liquidate or retain Austrian jiroperty in territory, 33. 225 war measures of Contracting Powers are confirmed by, 93, 239 Washington in Austria, provides for revival of Convention of, 59, 289 winding-up of businesses in territories of Contracting Powers, provisions in, as to, 18, 26, 33, 223-227 AUSTRIAN NATIONAL, artistic property of, in Allied countries, 35, 69-77, 289-303 Allied Power, licence in respect of, granted by, 293, 295 Board of Trade Order and Rules as to, in United Kingdom, 357-368 British copyrights of, Board of Trade Order and Rules as to. 295, 357-368 British patents of, Board of Trade Order and Rules as to, 295. 345-356 charge on property of, in Allied territory, 17-18, 24, 214-243. 308-309 Clearing Office, debt owing by, to Allied national is collected by, 41-58, 191-223. See CLEARING OFFICE Colonies, Allied Powers may retain property of, in territory of, 225 compensation from Austrian Government for retention of his property by Allied Govei'ument, may recover, 35, 52, 71, 237 concession granted by Turkey to, 1 83 continuance of war measures against property of, 33, 225, 247 contracts between, and Allied national, 78-92, 251-281. Sec CONTRACT BETWEEN ENEMIES copyrights of, in Allied countries, 35, 69-77, 289-303 currency in which delit owing by, to Allied national must be paid, 55, 57, 205-207 debt owing by, to Allied national, 29-30, 41-58, 191-223 debt owing to, by Allied national, 36-39, 56-58 delivery of securities held by, affecting pro]ierty in Allied territory, 247 Egypt is dealt with, how property of, in, 146 expropriation of, under Peace Treaty, 18-19 Government guarantee of Austria of debt owing by, 18. 43-44, 56. 203, 211 industrial property of, in Allied territory, 35, 59-64, 69-77, 249, 289-303 investment of cash assets of, is annulled by Treaty, 26, 35, 247 ipso facto a national of an Allied Power, when an, becomes, 144-146 jurisdiction of Courts of Allied Powers as to property of, 36, 94-97, 261-263 lease of land in Allied territory to, is not dissolved by Treaty, 82, 267 limitation of right of action of, is suspended by Treaty, 88-89, 257 liquidation of ju-operty of, in Allied territory, 17-18, 33, 225, 235 literary property of, in Allied countries, 35, 69-77, 289-303 Allied Government, licence in respect of, granted by, 293 Board of Trade Order as to, in United Kingdom, 295 mortgage between, and Allied national is not dissolved by Treaty, contract of, 82, 267 negotiable instruments between, and Allied national, 87-88, 261, 269-271 patents of, in United Kingdom, 35, 69-77, 289-303 Board of Trade Order as to, 295, 345-356 period of prescription as between, and Allied national is suspended by Treaty, 88- 89, 257 . pre-war rate of exchange, when debt is repayable by, to Allied national at the, 55, 57, 207 private property of, in Allied countries, 33-40, 223-249 charge on. 17-18, 24, 241-243, 308-309 sale of, 17-18, 33, 225, 235 steps to be taken with reference to, 36-37 restoration of property of Allied national held by, 20-21, 30-31, 223, 231-233, 247 restrictions on user of industrial and literary property by, in Allied countries. 71 72, 293, 311 retention of properly of, in Allied territory is authorised by Treaty, 17-18, 33, 225 INDEX 399 AUSTRIAN 'NATIO'NAL— Continued. sale of iiroperty of, by Allied Government, application of proceeds of, 233-235 charged in favour of Allied nationals, proceeds of, 33-34, 241-242, 308-309 proceeded with, may be, 33, 225 securities of, relating to their property in Allied territory are to be delivered to Allied Power, 249 Sherifian Em])ire is dealt with, how property of, in, 146 Siam is dealt with, how property of, in, 146 Suspension of period of prescription as between, and Allied national, 88-89, 257 trade-marks used by, 245 transfer of industrial, literary, and artistic property of, 72, 293, 295 Turkey, property of, in, 171-172 winding-up of business of, 18, 26, 33, 223-227 AUSTRIA-HUNGARY, Berlin (International) Convention, 1908 (for protection of literary and artistic piroperty), had not at outbreak of war acceded to, 68 copyright in, before outbreak of war, 63 Courts of Justice in, during the war, orders made by, 98-100 Government Securities issued by former Austro-Hungarian Government, liability of, for, 27-28, 123-132 patents in, before outbreak of war, 59-60 Peace Treaty with. See AUSTRIA (PEACE TREATY WlTR)a7id HUNGARY (PEACE TREATY WITH) Washington (International) Convention, 1911 (for the protection of Industrial property) , had at outbreak of war acceded to, 59 BANKRUPTCY OF DEBTOR. Government guarantee of debt recoverable through Clearing OfBce not applicable in case of, 44, 203-5, 211 meaning of expression, in Treaties, 211 BELGIUM. Allied Powers, is one of the, 5 Austria, is party to Peace Treaty with, 6 Berlin Convention (1908) ; is party to, 62 Bulgaria, is party to Peace Treaty with, 6 Germany, is party to Peace Treaty with, 5 Hungary, is party to Peace Titaty with, 6 International Convention of Berlin (1908), is party to. 62 Mixed Arbitral Tribunal between, and Germany, Rules of. 11], 285 rights of nationals of, under Peace Treaties. See ALLIED NATIONALS Turkey, is party to Peace Treaty with, 7 Washington Convention (1911), is party to, 60 BERLIN CONVENTION. 1908 (FOR THE PROTECTION OF LITERARY AND ARTISTIC PROPERTY), 59-64, 289-291, 379-389. See LITERARY AND ARTISTIC PROPERTY Austria will adhere to, 63-64, 289-291 Bulgaria will adhere to, 64, 289-291 Germany, is restored in the territory of, 60-63, 289-291 gist of, 63 Hungary will adhere to, 63-64, 289-291 parties to, 62 substance of, 63 text of, 379-389 Turkey will adhere to, 165 BERNE CONVENTION, 1886 (FOR THE PROTECTION OF LITERARY AND ARTISTIC PROPERTY), 59-64, 289-291. See LITERARY AND ARTISTIC PROPERTY BOARD OF TRADE, Administrator of Austrian Property to be under control of, 313, 316 amend licences in respect of British copyrights and patents, has power to, 295 British copyrights owmed by Austrians or Germans. Order and Rules of, as to, 295, 357-368 British patents owned by Austrians, Bulgarians, or Germans, Orders and Rules of, as to, 295, 345-356 Clearing Offices are under the control of the, 306 conduct cases on behalf of British nationals, may undertake to, 308 400 INDEX BOARD OF TRI^DE— Continued. Controller of Clearing Office to be under the direction of, 306 eop3'rights owned by Austrians and Germans, Order and Rules of, as to, 357-368 Custodian of Enemy Property, to appoint, 38, 309, 312 enemy property may be vested in Custodian or Administrator by order of, 310, 316 expropriation of enemy-owned British copyrights and patents, has power of, "295 Mixed Arbitral Tribunal may be conducted by, case of British national before, 110-111 Order of, copyrights owned by Austrians or Germans, as to Britisli, 295, 357-363 patents owned by Austrians or Germans, as to British, 295, 345-351 order vesting enemy property in Custodian, may make, 310, 316 patents owned by Austrians or Germans, Orders and Rules of, as to, 345-356, powers of, to make rules as to British patents, trade-marks, and designs owned by enemy, 73-74 Rules made by Clearing Office must be approved by, 307 Rules of, copyrights owned by Austrians or Germans, as to British, 295, 364-368 patents owned by Austrians or Germans, as to British, 295, 352-355 sale of enemy-owned British co])yrights and patents, has power of, 295 trade-marks, power of, to make rules as to British, 311 transfer of enemy-owned British copyrights and patents, may authorise, 295 vesting enemy property in Custodian, may make order, 310, 316 BOLIVIA, Allied Powers, is one of the, 6 Germany, is party to Peace Treaty with, 6 rights of nationals of. See ALLIED NATIONALS BOLSHEVIST GOVERNMENT IN HUNGARY, measures affecting property of Allied nationals taken by, are annulled, 20-21, 117, 153 BONDS. See GOVERNMENT SECURITIES BRAZIL, Allied Powers, is one of the, 6 contracts between Germans and nationals of, 10 Germany, is party to Peace Treaty with, 6 riglits of nationals of. See ALLIED NATIONALS BRITISH COPYRIGHTS. 289-303, 357-368 Austrian and German nationals, owned by, 295 BRITISH DOMINIONS, Orders in Council giving Statutory force to Peace Treaties are operative, in which, 140, 312, 320 BRITISH EMPIRE, - ' Allied Powers mentioned in the Peace Treaties, is one of the, 5-7 Austria, party to Peace Treaty with, 6 Bulgaria, party to Peace Treaty with, 6 Central Clearing Office in London enforces claims of nationals of, 41, 50 Berlin Convention (1908), is party to, 62 Bulgaria, is l)arty to Peace Treaty with, 6 Clearing Office in London enforces claims of nationals of, 41, 50 Germany, party to Peace Treaty witli, 5 Hungary, l)arty to Peace Treaty with, 6 International Treaties of Berlin and Washington, is party to, 60, 62 Principal Allied Powers, is one of the, 5, 180 rights of nationals of, under Peace Treaties. See ALLIED NATIONALS Turkey, party to Peace Treaty witli, 7 Washington Convention (1911), is party to, 60 BRITISH PATP:NTS, 289-303 Austrian, Bulgarian, or German nationals, owned by, 295, 345-356 BRITISH PROPERTY, Anglo- German agreement as to the recovery of, in Germany, 338-344 Central Power, in territory of, 15-33. 223-249. See ALLIED NATIONALS BULGARIA (PEACE TREATY WITH), accounts as to Allied property in 15ulgaria, requires Bulgaria to deliver, 249 acts of war of Bulgaria, compensation is recoverable by Allied nationals under, for, 25, 115-117, 242-3 INDEX 401 BULGARIA (PEACE TREATY \Nl'Y'R)—Contiimed. Administrator of Bulgarian property appointed by Order in Council under, 41 Allied Law Courts, requires Bulgaria to give effect to orders of, 9-4-95, 260-263 Allied nationals are entitled to restitution of their property in Bulgaria under, 21, 223, 247 apportionment by Reparation Commission of liability on Government Bonds under, 133 artistic property, contains provisions protecting, 35-36, 58-77, 157, 289-303. See LITERARY AND ARTISTIC PROPERTY associations controlled by Allied nationals are dealt with by Treaty, how, 155-6 Berlin Convention, provides that Bulgaria shall adhere to, 63 Berne Convention, provides that Bulgaria shall adhere to, 289 Bulgarian national under, rights of. See BULGARIAN NATIONAL Bulgarian property in Allied territory, charge on. Allied Powers authorised by, to create, 17 18, 24, 241-243 liquidate. Allied Powers authorised by, to, 17-18, 33, 225 retain, Allied Powers authorised by, to, 17-18, 33, 225 capital sums secured by Government Bonds may be recovered through Clearing Office under, 12, 142, 202 charn'e on Bulgarian property in Allied territory, authorises Allied Powers to create, 17-18, 24, 34, 241-243 Clearing Office for collection of debts as between Great Britain and Bulgaria under, has been established, no, 41 Colonies under, Allied Powers may retain or liquidate Bulgarian property in territory of Allied, 33, 225 Commercial Exchange contracts are confirmed by, rules as to closure of, 266-268 companies controlled by Allied nationals are dealt with by, how, 155-156 compensation recoverable by Allied nationals under. acts of war done by Bulgaria, for, 25, 115-117, 242-243 dissolution of contract between enemies, for, 105, 258-259 exceptional war measures in Bulgaria, for, 21-22, 104, 116, 229 measures of transfer in Bulgaria, for, 21-22. 104, 116, 229 non-restitution in specie of property subjected to war measures, for, 23,32, 230-233 compensation recoverable by Bulgarian from his Government under, liquidation or retention of his property by Allied Power, in case of, 35, 37, 52, 71, 236-237 concessions granted by Bulgaria to Allied nationals are protected by, 154, 155-156 concession is not dissolved by war under, 82, 266-267 confirmation of Orders of Courts and Governments of Contracting Powers by, 94, 98, 229, 239 consular claims made before the war against Bulgaria, provides for adjudication on, 155 continuance of war measures against Bulgarian property in Allied territory, authorises, 33, 225, 247, 291 contracts between enemies, provisions in, as to, 78-92, 251-281. See CONTRACT BETWEEN ENEMIES contracts between former nationals of Bulgaria, provisions in, as to, 158-159 Courts of Justice of Contracting Powers under, jurisdiction of and effect of orders of, 93-103, 261. 283 currency in which debts are to be paid under provisions of, 55, 57, 204-207 date of ratification of (August 9, 1920) date of signature of (November 27, 1919) debts under the provisions of, recovery of, 29-30, 40-58, 191-223 delivery of securities held by Bulgarians and affecting property in Allied territory, prescribes, 247 diplomatic claims made before the war against Bulgaria, provides for adjudica- tion on, 155, 236 dissolution of contracts between enemies by virtue of, 80, 251 , 267 compensation recoverable for, when, 105, 259 distinguishing features of, 13, 154-160 dividend coupons has been extended by, period for presentation of, 257 " Economic Clauses " in, 13, 190-303 " enemies " in, meaning of expression, 80-81, 263-265 enemy debts, Clearing Office under, when and how recoverable through, 44-46, 191-223 meaning of expression, 45-46, 193, 211 26 402 INDEX BULGARIA (PEACE TREATY WITH)— Coyitinued. exceptional war measures in Bulgaria against Allied nationals must be stayed under, 20, 223 expropriation of Bulgarians under provisions of, 18-19 extension of time for enforcing contract between enemies eil'ected by, 88, 257 " Financial Clauses" in, 132-131 fire insurance contracts between enemies, provisions in, as to, 82-83, 271-273 Government l)onds issued b\- Bulgaria before war, apportions liability in respect of, 132-134 Government guarantee of debts of its nationals recoverable through Clearing Oflice under, each Power gives, 18, 43-44, 56, 203, 211 Government securities issued by Bulgaria before war, apportions liability in respect of, 2, 132-134 industrial iiroperty, provisions in, as to, 35-36, :'i9-77, 249, 289-303. S c INDUSTRIAL PROPERTY in specie restitution of property of Allied nationals prescribed by, 30-31. 231-233 insurance contracts between enemies, provisions in, as to, 82-87, 271-281 investments of cash assets of nationals of Contracting Powers are annulled by, 26, 35. 247 12^0 facto nationals of Allied Power under, persons who are, 157-158 judgments given by Bulgarian Courts during the war, provisions in, as to, 98-100, 261-289 lease of land is not dissolved by, 82, 267 lien is not dissolved by, contract of, 82, 267 life assurance contracts, provisions in, as to, 83-85, 273-277 limitation of right of action is suspended by, 88-89, 159, 257, 261 liquidation of property of, Allied nationals, provisions in, as to, 20, 24, 223, 235 Bulgarian nationals in Allied territory, provisions in, as to, 17-18, 33-34, 225. 235 literary property, provisions in, as to, 35-36, 59-77, 249, 289-303. See LITERARY AND ARTISTIC PROPERTY marine insurance, provisions in, as to, 85-86, 276-277 measures of transfer in Bulgaria against property of Allied nationals must cease under, 20, 223 mining concession not dissolved by, 82, 266-267 Mixed Arbitral Tribunal, jirovides for establishment of, 103-111, 281-289 mortgage not dissolved by, contract of, 82, 266-267 negotiable instruments, provisions in, as to, 87-88, 261, 269-271 Order in Council for giving statutory effect to, in Great Britain, 36-38, 191-193 orders made l)y Allied and Bulgarian Courts of Justice, provisions in, as to, 94-95, 98-100, 261, 289 outline of, 13 Paris Convention, provides that Bulgaria shall adhere to, 63, 289 parties to, 6 period of prescription is suspended by, 26-27, 36, 88-89, 159, 257 pledge is not dissolved by, contract of, 82, 267 preservation of property of Allied nationals, imposes on Bulgaria the duty of, 21, 237, 246 pre-war rate of exchange under, when debts are payable at the, 55, 57, 157, 207 price to be allowed by Allied Power for Bulgarian property retained under, 227 ratification of, date of (August 9, 1920) recovery by Allied nationals of their property in Bulgaria under, 20-21, 30-31, 231-233 reinsurance contracts, provisions in, as to, 86-87, 279-281 restitution of Allied proi)erty in Bulgaria is prescribed by, 20-21, 30-31, 158, 223, 231-233.247 retention of property of Bulgarians in Allied territory is authorised by, 17-18, 33, 225 revision of orders made by Bulgarian law Courts, provisions in, as to the, 98-100, 261. 289 revocation by the, of restrictions imposed on concessions held by Allied nationals, 155-156, 222 sale of i)roperty of Allied national liy Bulgarian Government, api)lication of proceeds of, under, 24, 233-235 discontinued, requires, to be, 20, 223 proceeds of, may be recovered by Allied national under, 31, 233-235 INDEX 403 BULGARIA (PEACE TREATY V^'ITH)— Continued. sale of property of Bulgarian by Allied Governnient, application of proceeds of, under, 233-235 charaied in favour of Allied nationals under, proceeds of, may be, 33-34, 241-242 completed by Allied Power under, may be, 33, 225 proceeds of, will be accounted for through Clearing Office under, when, 57, 203, 235 sale of security for unpaid debt during war is confirmed by, 90, 268-9 securities belonging to Bulgarians relating to property in Allied territory, requires delivery of, 249 signature of, date of (November 27, 1919) special provisions in, 13, 154-160 Stock Exchange contracts are confirmed by, rules as to closure of, 267-269 suspension of period of prescription by, 26-27, 36, 88-89, 159, 256-257 taxes on capital levied on property of former Bulgarian nationals must be repaid under. 158 trade-marks, provisions in, as to, 67, 74, 245, 294-297. See TRADE-MARK transferred by Bulgaria, provisions in, as to private property in, 157-160 war measures taken by Contracting Powers are confirmed by, 93. 239 Washington Convention in Bulgaria, provides for adoption of, 59, 289 winding-up of businesses in territories of Contracting Powers, provisions in, as to, 18, 26, 33, 223-227 BULGARIAN NATIONAL, artistic property of, in Allied countries, 35, 69-77, 289-303 Board of Trade Order and Rules as to, in United Kingdom, 357-368 British patents of. Board of Trade Order and Rules as to, 295, 345-356 charge on property of, in Allied territory, 17-18, 24, 214-243. 308-309 Clearing Office, debt owing by, to Allied national is collected by, 41-58, 191-223. See CLEARING OFFICE Colonies, Allied Powers may retain property of, in territory of, 225 compensation from Bulgarian Government for retention of his property by Allied Government, may recover, 35, 52, 71, 237 concession granted by Turkey to, 183 continuance of war measures against property of, 33, 225, 247 contracts between, and Allied national, 78-92, 251-281. See CONTRACT BETWEEN ENEMIES copyrights of, in Allied countries, 35, 69-77, 289-303 currency in which debt owing by, to Allied national must be paid, 55, 57, 205-207 debt owing by, to Allied national, 29-30, 41-58, 191-223 debt owing to, by Allied national, 36-39, 56-58 delivery of securities held by, affecting property in Allied territory, 247 expropriation of, under Peace Treaty, 18-19 Government guarantee of Bulgaria of debt owing by, 18, 43-44. 56, 20?, 211 industrial property of, in Allied territory, 35, 59-64, 69-77. 249, 289-303 investment of cash assets of, is annulled by Treaty, 26, 35, 247 ipso facto a national of an Allied Power, when, becomes, 157-158 jurisdiction of Courts of Allied Powers as to property of, 36, 94-97, 261-263 lease of land in Allied territory to, is not dissolved by Treaty, 82, 267 limitation of right of action of, is suspended by Treaty, 88-89, 257 liquidation of property of, in Allied territory, 17-18, 33, 225, 235 literary property of, in Allied countries, 35, 69-77, 289-303 Allied Government, licence in respect of, granted by, 293 Board of Trade Order as to, in United Kingdom, 295, 857-363 mortgage between, and Allied national is not dissolved by Treat3^ contract of, 82. 267 negotiable instruments between, and Allied national, 87-88, 261, 269 271 patents of, in United Kingdom, 35, 69-77, 289-303 Board of Trade Order as to, 295, 345-351 period of prescription as between, and Allied national is suspended by Treaty, 88-89, 257 pre-war rate of exchange, when debt is repayable by, to Allied national at the, 55, 57, 207 private property of, in Allied countries, 33-40, 223-249 charge on, 17-18, 24, 241-243. 308-309 sale of, 17-18, 33, 225, 235 steps to be taken with reference to, 36-37 404 INDEX BULGARIAN NATIONAL— CVr,Mfi«i(erf. restoration of property of Allied national held by, 20-21, 30-31, 223, 231-233, 247 restrictions on user of industrial and literary property by, in Allied countries, 71-72, 293, 311 retention of property of, in Allied territory is authorised by Treaty, 17-1 8, 33, 225 sale of property of, by Allied (Jovernnient, application of proceeds of, 233-235 charged in favour of Allied nationals, proceeds of, 33-34, 241-242, 308-309 proceeded with, may be. 33, 225 securities of, relating' to their property in Allied territory, are to be delivered to Allied Power, 249 suspension of period of i)rescription as between, and Allied national, 88-89, 257 trade-marks used by, 245 transfer of industrial, literary, and artistic pi-operty of, 72, 293, 295 Turkey, property of, in, 171-172 winding-up of business of, 18, 26, 33, 223-227 BUSINESS, Allied national in Austria, of, li(luidation of, to be stayed, 18, 223 restored to owner undc^r Peace Treaty, to be, 18, 231 winding up order of, after November 3, 1918, is void, 26 Allied national in Piulgaria, of, liquidation of, to be stayed, 18, 223 restored to owner under Peace Treaty, to be, 18, 231 Allied national in Germany, of, liquidation of, to be stayed, 18. 223, 231 restored to owner under Peace Treaty, to be, 18, 223 winding-up order of, after November 11, 1918, is void, 26 Allied national in Hungary, of. liquidation of, to be stayed, 18, 223 restored to owner under Peace Treaty, to be, 18, 231 winding-up order of, after November 3, 1918, is void, 26 Austrian national in Allied territory may be liijuidated, of, 33, 225-226 Bulgarian national in Allied territory may be liquidated, of, 33, 225-226 domicile of, important for determining whether a person is an "enemy," 80. 265 German national in Allied territory may be liquidated, of, 33, 225 Hungarian national in Allied territory may be liquidated, of, 33, 225-226 place of, imi)ortantfor determining whether a person is an "enemy," 80, 265 Turkish national in Allied territory may be liquidated, of, 168 CASH ASSETS, investment of, 26, 35, 247 meaning of, 247 CEDED TERRITORY. See TRANSFERRED TERRITORY CENTRAL CLEARING OFFICE. Sec CLEARING OFFICE CHARGE ON ENEMY PROPERTY IN ALLIED TERRITORY, Austrian nationals, to secure claims of Allied nationals against, IS, 24-26, 241-243, 315 Bulgarian nationals, to secure claims of Allied nationals against, 18, 24-26, 241-243 damage caused by exceptional war measures, to secure claims for, 25 German nationals, to secure claims of Allied nationals against, 18, 24-26, 241-243, 308 Hungarian nationals, to secure claims of Allied nationals against, 18, 24-26, 241243 proceeds of sale or liquidation thereof, attaches to, 34 release from, as regards lurniture and trade implements in United Kingdom, 342-343 Turkish nationals, to secure claims of Allied nationals against, 166 CLEARING OFFICE, 41-58, 191-223 Administrator of Austrian, in London, 48, 140, 313-318. Sec ADMINISTRATOR admitted debt, liow, deals with, 50, 213 advantages of having debts paid through, 43-44 agent, each, will lay its cases before the Mixed Arbitral Tribunal through its, 52. 219 Allied Court of Justice cannot deal with debt recoverable through, 47, 97-98 Allied national in respect of enemy debt claimed through, rights of, 55-56 INDEX 405 CLEARING OFFICE— Continued. appeal from decision of, 53, 217, 324 arbitration, ditferences between Debtor and Creditor Clearing Offices may be settled by, 52, 217 arrangement as to compensation for loss caused by war measures may be effected through, 23. 43, 233 artistic property are collected by, sums produced by, 66 Austria, has been established between British Empire and, 41, 140-141, 313-320 Austrian national in respect of debt claimed through , rights of, 56-57 _ British Colonies are enforced through Central, in Loudon, claims of nationals of, 41, 50, 207 Bulgaria, has not been established between Great Britain and, 41, 141-142 capital of Government securities which are recoverable through, 42, 44, 203 central, in London, claims of nationals of British Empire enforced through, 41, 50, 209 Central Power in respect of debt claimed through, rights of national of, 56-57 classes of debts recoverable through, 44, 193-203 collusive claims through, are made penal, 213, 307, 315 Colonies of Allied Powers and the Central Powers, between, 41, 50, 205 commission to be deducted by, from sum recovered by it, 51, 215, 307, 318 compensation for loss caused to Allied national by war measures recoverable through, 43, 233 compensation recoverable by Creditor for retention by Debtor, of debt owing to him, 51, 57, 215 contested debts claimed through, 51, 215 controller of, established between Great Britain and Germany, 49, 306-8 certificate signed by, is evidence, 307 copyrights during the war are collected by, sums produced by, 66 costs of appeal from decision of, 219 costs payable in respect of debt claimed through, 54, 215 courts of iustice deprived of jurisdiction to deal with debts recoverable through, 47, 97-98 currency in which debt recoverable through, must be paid, 55, 57, 205 debenture can be recovered through, when sum secured liy, 46 "debts " which are recoverable through, 44-46, 193, 195 deposit paid on appeal from decision of, 54, 219 ditferences between one, and an enemy Clearing Office, settlement of, 52, 217 disagreement as to debt by one, with another, 52, 217 disputed debt, how, deals with, 51, 215 Egypt has established an independent, 50 enemy debts may be enforced by, 306 English Court of Justice has no jurisdiction to deal with debts recoverable through, 47, 97-98 evidence required of debt claimed through, 52, 219 expenses of, 217 fees payable in respect of debt claimed through, 54-55 fees payable on appeal from, 219 fines payable in respect of debt claimed through, 54, 215, 307, 314 German national in respect of debt claimed through, riglits of, 56-57 Germany, has been established between the British Empire and, 41, 305-312 Government agent to present to Mixed Arbitral Tribunal case conducted on behalf of, 219 Government securities recoverable through, suras payable in respect of, 42, 203 Great Britain and Germany [Austria and Hungary], has been established between, 41 guarantee of payment of debts recoverable from its nationals through, govern- ment, 18, 43-44, 56, 203, 211, 217 Hungary, has been established between Great Britain and, 41 independent, established by Egypt and South Africa, 50 industrial property are collected by, sums produced by, 66, 76-77, 291-293 interest on debt recoverable through, 42, 44, 55, 57, 221 joint examination of disputed debt by representatives of each, 51, 215 jurisdiction of ordinary Courts excluded when debt is recoverable through, 47 liquidation of property in enemy country recoverable through, proceeds of, 42 literary property are collected by the, sums produced by, 66. 75-77, 291-293 Mixed Arbitral Tribunal may determine differences between creditor's, and debtor's Clearing Office, 52, 217-221 local, 209, 306, 313 406 INDEX CLEARING OFFICE— Continued. nationality of claimant of a debt through, 46, 197 negotiable instruments are recoverable through, when sums payable under, 88, 269 negotiations for compensation for loss caused to Allied national by war measures, eifected through, 43, 233 notification of del-t by Creditor Clearing Oflire to Debtor, 50, 53, 213 objects of, 41-43 Orders in Council establishing, between Germany (and Austria) and Great Britain, 305-320 jiayment of debts collected through, 51, 215 pre-war rate of exchange, when debt recoverable through, is payable at, 55, 57, ^ 140, 205 principles of settlement of debts made through, 203-209 proceeds of liquidation of property recoveral>le through, 42, 203 rate of exchange at which debt is recoverable through, 55, 57, 140, 205 recovery of debts by, 219, 306, 314 residence of claimant of debt recoverable through, 46, 199 retention by Debtor, of debt owing by Allied national to national of Central Power, 51, 57, 215 sale of property in enemy country recoverable through, proceeds of, 42, 203 security for costs of appeal against decision of, 54, 219 South Africa has estaltlished an independent, 50 steps to be taken for the recovery of a debt through, 48-53 suspends period of prescription, presentation of claims to, 221 transferred territory to Austrian or Hungarian is not recoverable through, debt owing by inhabitants of, 150 trustees may claim debt through, when, 47 who can claim debt through, 46-47, 197-201 CLOSURE OF CONTRACTS. rules of Exchange or Commercial Associations, under, 267-268 COLONIES, Allied Powers, of, Clearing Office between, and Central Powers, 41, 50, 205, 207, 209 liquidation of German property in territory of, may be continued, 33, 225 retain German property in territory of. Allied Powers may, 33, 225 British, parties to the Peace Treaties, which are, 5 Germany, formerly belonging to, liquidation of German property in, by Allied Power is authorised by Peace Treaty, 225 retention of German property in, by Allied Power is authorised by Peace Treaty, 225 COMMENCEMENT OF WAR. See DATES COMMERCIAL ASSOCIATION, closure of contracts under rules of, is confirmed, 267-268, 311, 319 COMMISSION RETAINED BY CLEARING OFFICE, 51, 215, 307, 318 COMPANIES, Allied countries, in, Austrians, licjuidation of property of, controlled by, 96, 225 Bulgarians, li(iuidation of property of, controlled by, 96, 225 Germans, liquidation of j^roperty of, controlled by, 96, 225 Hungarians, liquidation of property of, controlled by, 96, 225 Allied nationals are interested, i)ro))erty of, in which, 20 commercial, in Turkey controlled by Allied nationals, 185 financial, in Turkey controlled by Allied nationals, 185 industrial, in Turkey controlled by Allied nationals, 185 railway, controlled by Germans, Austrians, Hungarians, or Bulgarians ni territory transferred by Turkey, liquidation of, 1C9-170 transfer of assets by existing Companies to other, not to be impeded, 149 Turkish, in territory detached from Turkey under Peace Treaty, 169 COMPENSATION RECOVERABLE, Allied national for, by, damage sull'ered by reason of acts of war done by Central Powers, 25, ^ 112-117 INDEX 407 COMPENSATION RECOY ER ABLE— Contimced. Allied national for, by, damage to property in enemy country, exceptional war measures, by reason of, 21-22, 104, 116, 229 measures of transfer, by reason of, 21-22, 105, 116, 229 non-restitution in specie of property subjected to war measures, 23, 32 arrangement between the parties as to the amount of, made by Clearing Office, 23 Austrian from his Government for retention of his property in Allied territory, by. 35. 52, 71, 237 Bolshevist Government in Hungary, for injury to property by, 20-21, 117, 153 Bulgarian from his Government for retention of his property in Allied territory, by, 35, 52, 71, 237 Clearing Office of Allied Power, by enemy from his Government for debt owing to him which is retained by, 57, 237 defence, by Allied national against whom order has lieen made in territory of Central Powers when he could not make, 99 German from his Government for retention of his property in Allied territory, by, 35, 52, 71, 237 Hungarian from his Government for retention of his property in Allied territory, by. 35, 52, 71, 237 personal injuries suffered by Allied nationals, from enemy Government for, 112- 115, 117-119 property of Allied nationals caused by war, recoverable from enemy Governments for injury to, 114-120 Turk from his Government for retention of his property in Allied territory, by, 35. 169 Turkey for injury to person or property suffered by Allied national, when. from. 117-120 COMPTROLLER-GENERAL OF PATENTS, copyrights owned by Austrians or Germans are made to, applications with regard to British. 295, 364-368 patents owned by Austrians, Bulgarians, or Germans are made to, applications with regard to British, 295, 352-355 " qualified tribunal ' ' for fixing conditions of new licences for user of industrial property, is the, 74, 311, 319 CONCESSIONS, Bulgaria are protected by Peace Treaty, granted to Allied national in, 154, 155-156, 222 cancellation of, granted by Turkey after August 1, 1914, to German, Austrian, Hungarian, or Bulgarian, 183 dissolved by the war, are not, 82, 267 meaning of expression, 267 railway, in Turkey, provisions as to, 170 Turkey are protected by Peace Treaty, granted to Allied national in, 163, 1 79-183 CONFIRMATION OF ORDERS AND DIRECTIONS, 93, 98, 229, 239 given during the war l;y the Government and Courts of Justice in Allied territories, 239 Austria, 239 Bulgaria, 239 Germany, 239 Hungary, 239 Turkey, 172 CONFISCATION OF PROPERTY OF ALLIED NATIONALS. Hungary declared void, in, 20-21 CONFLICT OF LAAVS, law Avhich is applicable as between enemies where there is, 90-92 CONSULAR CLAIMS, Bulgaria before the war are dealt with by Treaty, against, 155 CONTRACT BETWEEN ENEMIES, 78-92, 158-159, 162-163, 176. 251-281 Allied Court of Justice to determine question arising under, jurisdiction of, 96 Austrian Court of Justice to determine question arising under, jurisdiction of, 100 Brazilian was a party, to which, 80 Bulgarian Court ofJustice to determine question arising under, jurisdiction of, 100 business residence of parties is the determining factor to decide whether contract is, 80-1 cancellation of contract, Mixed Arbitral Tribunal may grant relief on, 89, 251 408 INDEX CONTRACT BETWEEN ENEMIES— Cow^mwcci. cameity of jiarties, 92 ceaed territory was ]>arty, to which inhabitant of, 81 closure of, under rules of Stock or Commercial Exchange, 267-268 commercial exclian^'o, is determined if closed under rules of, 267 concession not susjiended or dissolved by war, for grant of, 82, 267 conflict of the laws applicable to, 90-92 cotton futures, relating to, 92, 269 currency in which debt is jiayable under terms of, 27 dissolution of, 78-81, 251, 207 compensation recoverable for, when, 105, 259 exceptions from the general provisions in the Peace Treaties as to, 81-90, 257 " Economic Clauses " in Peace Treaties dealing with, 79-90, 176, 251-281 effect of war on, 78-81 "enemies," 80, 263-265 English law with reference to eliect of war on, 78-79 fire insurance not dissolved by war, for, 82-83, 271-273 formalities to be observed with reference to, 93 general law as to effect of war on, 78-79 German Court of Justice to determine question arising under, jurisdiction of, 100 Hungarian Court of Justice to determine question arising under, jurisdiction of. 100 insurance not dissolved by war, for, 82-83, 271-273 interest payable under exj)ress terms of, 27, 42, 55 Japanese was a party, to which, 80 jurisdiction of Courts to determine questions arising under, 96, 100 laws applicable to, 78-79, 90-92 lease of land not suspended or dissolved by war, granting, 82, 267 lien not suspended or dissolved by war, creating, 82, 267 life insurance not dissolved by war, etfecting, 83-85 limitation of right of action in respect of, suspension of, 88-89 marine insurance not dissolved by war, etfecting, 85-86 Mixed Arbitral Tribunal can adjudicate on all questions of, 104 mortgage not suspended or dissolved by war, creating, 82, 267 nationality not material for deciding whether contract is, 80-81 nationals of territory which was ceded under Peace Treaty, who were, 148 neutral Courts of Justice to determine questions arising under, jurisdiction of. 101-103 not dissolved by war under Peace Treaties, when, is, 81-88, 251, 267 occupied by enemy, made in territory, 81-82 pledge not suspended or dissolved by war, creating, 82, 267 prescription atlecting, suspension of period of, 88-89, 149 reinsurance not dissolved by war, effecting, 86-87 residence is determining factor for deciding whether contract is, 80-1, 265 sale of projierty pledged under, 90 Stock Exchange, is determined if closed under rules of, 267 suspension of period of prescrijitiou affecting, 88-89 transferred territory was party, to which inhabitant of, 81, 148 CONTROLLER OF CLEARING OFFICE (BETWEEN GREAT BRITAIN ANT) GERMANY), 48-49, 306-308. Sec CLEARING OFFICE appointment of, by Order in Council, 306 certificate of, is evidence, 307 costs may be awarded to or against, 307 documents signed by, are evidence, 307-^8 Order in Council appointing, 306 proceedings may be taken hy, on behalf of Clearing Office, 307 CONVENTION. See INTERNATIONAL CONVENTION COPYRIGHT (INTERNATIONAL), 59-77, 289-303, 379-389. See LITERARY AND ARTISTIC PROPERTY COPYRIGHT (BRITISH) BELONGING TO AUSTRIAN OR GERMAN, Order of Board of Trade as to, 357-363 Rules made by Board of Trade as to applications to the Board in respect of, 364-368 COSTS, Appeals from decisions of Clearing Office, of, 54, 107 Clearing Office for the recovery of enemy debt, chargeable by, 54 Mixed Arbitral Tribunal, of proceedings before, 107, 110 INDEX 409 COTTON FUTURES, CONTRACTS RELATING TO, 92, 269 COUPONS, dividend, extension of period for presentation of, 177, 257 COURT OF JUSTICE, Allied Power to deal with disputes between enemies, jurisdiction of, of, 94-98. 261-263 Austrian, has no jurisdiction to deal with disputes between enemies, 98-101, 261- 263, 288-289 British, has no jurisdiction to deal with debt recoverable through Clearing Office, 47, 97-98, 261-263 Bulgarian, has no jurisdiction to deal with disputes between enemies, 98-101, 261- 263, 288-289 Clearing Office, has no jurisdiction to deal with debt recoverable through, 47, 97-98 English, to deal with disputes between enemies, jurisdiction of, 94-98 German, has no jurisdiction to deal with disputes between enemies, 98-101, 261- 263, 289 Hungarian, has no jurisdiction to deal with disputes between enemies, 98-101, 261, 263, 288-289 Neutral, to deal with disputes between enemies, jurisdiction of, 101-103 Orders made during the war by. Allied Power, of, 94-95. 261-263 Austria, of, 98-100, 261-263, 288-289 Bulgaria, of, 98-100, 261-263, 288-289 Germany, of, 98-100, 261-263, 289 Hungary, of, 98-100, 261-263, 288-289 Turkey, of, 172, 177 Turkish, has no jurisdiction to deal with disputes between enemies, 172, 177-179 CUBA, Allied Powers, is one of the, 5 Austria, is party to Peace Treaty with, 6 Bulgaria, is party to Peace Treaty with, 6 Germany, is party to Peace Treaty with, 5 Hungary, is party to Peace Treaty with, 6 rights of nationals of, under Peace Treaties. See ALLIED NATIONALS CURRENCY, conversion of, by assuming State to be approved by Reparation Commission, basis of, 125 enemy debt is payable, in which, 55, 57, 174-175, 205-207 new unsecured bonds (replacing old Austrian or Hungarian Government bonds) must be expressed, in which, 129 transferred territory must pay its^wo rata part of debt of State from which it was detached, in, 125 CUSTODIAN OF ENEMY PROPERTY, 38, 305-312 copyrights vested in, Orders and Rules of Board of Trade as to, 364-368 directions given by, as to notice of enemy property to be given to him, 38 Great Britain, Public Trustee is, in, 38, 312 notice to be given to, by person holding enemy property, 310 order vesthig property in, Board of Trade may make, 310 patents vested in, Orders and Rules of Board of Trade as to, 345-363 power of sale vested in, 310 transfer of enemy property forbidden witliout consent of, 309 CZECHOSLOVAKIA, Allied Powers, is one of the, 6 Austria, is party to the Peace Treaty with, 6 Austro-Hungarian Government bonds, must assume the responsibility for part of the sums payable in respect of, 28 Bulgaria, is party to the Peace Treaty with, 6 financial responsibility of, for part of Austrian Government debt, 28, 123 Germany, is party to the Peace Treaty with, 6 Hungary, is party to the Peace Treaty with, 6 riglits of nationals of, under Peace Treaties. See ALLIED NATIONALS Turkey, is party to the Peace Treaty with, 7 410 INDEX DAMAGE TO PROPERTY OF ALLIED NATIONALS, acts of war of enemy Governments, compensation recoverable for, caused by, 114-120 exceptional war measures, compensation recoverable from enemy Government for, caused by, 22, 104, 116 measures of transfer, compensation recoverable from enemy Government for, caused by, 22, 104, 116 DATES. Armistice, of, Austria, with (November 3, 1918) Bulgaria, with (September 29, 1918) Germany, with (November 11, 1918) Hungary, witli (November 3, 1918) Turkey, with (Octol)er 30, 1918) Conmu iicement of war, of, Austria-Hungary, with (August 12, 1914) Bulgaria, with (October 12. 1915) Germany, with (August 4, 1914) Turkey, with (Novemlier 5, 1914) Ratification of the Peace with, of, Austria (July 16, 1920) Bulgaria (August 9, 1920) Germany (January 10, 1920) Hungary (July 26, 1921) Turkey (not ratified at the time of the publication of this book) Signature of the Peace with, of the, Austria (September 10, 1919) Bulgaria (November 27, 1919) Germany (June 28, 1919) Hungary (June 4, 1920) Turkey (August 10, 1920) DEBT. Allied national to enemy national, owing by, 39, 56-58, 191-223 Austrian national to Allied national, owing by, 29-30, 48-52, 191-223 Bulgarian national to Allied national, owing by, 29-30, 48-52, 191-223 Clearing Olfice, steps to be taken for recovery of, through, 41-58, 191-223. See CLEARING OFFICE currency in which, is payable under treaties, 55, 57, 174-5, 203 delienture is a, recoverable through Clearing Office, when, 46, 193, 195 exchange for payment of, under Treaties, rate of, 27, 57, 205-7 German national to Allied national, owing by, 29-30, 48-52, 191-223 Government. See GOVERNMENT P,ONDS Hungarian national to Allied national, owing by, 29-30, 48-52, 191-223 interest payable in respect of enemy, 27, 221, 249 neutral national to national of Central Power, owing in Allied territory by, 39 "payable" within meaning of Art. 296 of Treaty with Germany, when, is, 45, 195 transferred territory, owing by Austrian or Hungarian to national of, 150 Turkish national to Allied national, owing by, 174-175 DECREES OF COURTS OF JUSTICE, 93-103. See ORDERS OF COURTS OF JUSTICE DEFENCE, compensation recoverable by Allied national if he is injured by order of enemy Court to which he could not put in, 99, 106, 261 DELIVERY OF SECURITIES RELATING TO ENEMY PROPERTY IN ALLIED TERRITORY, Austria, by, 35, 248-9 Bulgaria, by, 35, 248-9 Germany, by, 35, 249 Hungary, by, 35, 248-9 Turkey, by, 173 DESIGNS, 59-77, 289-303. See INDUSTRIAL PROPERTY Board of Trade may make Rules as to user of, by nationals of Central Powers, 73-74, 293-295 exclusion of period of war in considering user of, 67, 74, 297 extension of period of enjoyment of, 67, 74, 297 INDEX 411 DESIGNS— CoH/mMC(^. International Convention of Washington. 1911, as to, provisions in, 370-378 registration of, extension of period of, 297 restrictions on the right of user of German and Austrian, 311, 319 DIPLOMATIC CLAIMS, Bulgaria before the war are dealt with by Treaty, against, 155 DISCONTINUANCE, exceptional war measures in territories of Central Powers prescribed by Peace Treaties, of, 20, 223 liquidation of businesses of Allied nationals in enemy countries prescribed by Treaties, of, 18, 223 Bolshevist Government in Hungary with reference to private property, of measures passed by, 20-21 DISSOLUTION OF CONTRACT, 78-81, 251, 2G7. See CONTRACTS BETWEEN ENEMIES enemies by reason of outbreak of war, between persons who become, 78-91 exceptions from the general provision in the Treaties as to, 81-91, 251 fire insurance, of, 82 Peace Treaties, under the provisions of, 79-81, 251 DIVIDEND COUPONS, extended by Peace Treaties, the period for the presentation of, 177, 257 "ECONOMIC CLAUSES" IN TREATY WITH. Austria, 8-12, 190-303 Bulgaria, 8-13, 190-303 Germany, 8-11, 191-303 Hungary, 8-13. 190-303 Turkey, 13, 160-185 ECUADOR, Allied Powers, is one of the, 6 Germany, is a party to Peace Treaty with, 6 EGYPT, Allied Power, is treated for the purposes of Peace Treaty with Turkey as, 164 Austrian nationals in, is dealt with, how property of, 146 Clearing Office, has established an independent, 41, 50 German nationals in, is dealt with, how property of, 223 Hungarian nationals in, is dealt with, how property of, 154 loans secured on tribute payable bj', Great Britain as.sumes liability for, 138 nationals of, property in Turkey belonging to, 163-164 Orders in Council charging enemy property in, with claims of Allied nationals, 39-40, 231 Tribute payable by, Turkey renounces all claim to, 133 Tui'kish nationals, projierty in, belonging to, 164 Turkish subjects residing in, 163-164 Vessels of nationals of, to be treated by Turkey as vessels of Allied nationals, 164 ENEMY, meaning of expression, 80, 177, 263, 265 ENEMY DEBT, Clearing Office, steps to be taken for recovery of, through, 41-58, 190-223, 306, 314. See CLEARING OFFICE currency in which, is repayable, 55, 174-175, 205 Foreign Office should support claim by Allied national for payment of, when, 29-30 interest payable on, 27, 221 meaning of, 211 notification of, by Creditor Clearing Office to Debtor Clearing Office, 50, 53, 213 by creditor to Creditor Clearing Office, 48, 213 " payable," when an, is, 45, 195 rate of exchange applicable to, 27 recovery of, where there is no Clearing Office, 29-30 EVIDENCE, Anglo-German Mixed Arbitral Tribunal as to. Rules of, 111, 332-335 commission, Anglo-German Mixed Arbitral Tribunal may direct, to be taken on, 332 debt claimed through Clearing Office, of, 48, 219 documentary, taken before Anglo-German Mixed Arbitral Tribunal, 332 412 INDEX EYIT)E^CE—Co7itinued. Mixed Arbitral Tribunal, to be given before, 287 appeal from decision of Clearing Office, on, 52, 219, 324 oral, given before Anglo-German Mixed Arbitral Tribunal, 332 EXCEPTIONAL WAR MEASURES, Anglo-Gennan agreement with reference to British property which has been subjected to, 338-342 arbitrator may fix amount of compensation recoverable for, 116 charge on enemy property in Allied territory securing claims in resi^ect of, 25, 229-231 compensation recoverable by Allied national for loss caused by, in enemy territory, 22, 104, 116, 229 discontinuance of, against Allied proi)erty in enemy countries prescribed by Treaties, 20, 223 meaning of expression, 20, 241 recovery by British national of his property which has been subjected to, in Germany, 338-342 EXCHANGE, 27, 57, 174-175, 205. See RATE OF EXCHANGE FOR PAYMENT OF DEBT EXCHANGE ASSOCIATION, closure of contract under rules of, is confirmed, 267-268, 311, 319 EXPROPRIATION. compensation payable by Central Powers for, of their nationals under Peace Treaties, 18-19, 169 FINANCIAL CLAUSES OF TREATIES, Austria, with, 7, 123-132 Bulgaria, with, 132-134 Germany, with. 7. 121-123- Hungary, with, 7, 123-132 Turkey, with. 117-120 FINANCIAL COMMISSION, Ottoman Public Debt are not placed at disposal of, revenues hypothecated to, 134 Turkey, to adjudicate on claims for injury to person or property made by Allied nationals against, 118-119 FINE, disputed debt claimed through Clearing Office, payable in respect of. 54, 215, 307, 314 FIRE INSURANCE CONTRACTS. 82-83, 271-273 dissolution of, 82 not dissolved by Peace Treaties, 82, 271 transfer of, to another insurer, 83, 273 FOREIGN EXCHANGE OPTIONS, new bonds to be issued in lieu of old bonds, to be embodied in. 126 FOREIGN OFFICE. debt owing to Allied national should be supported by, when claim for, 29-30 private property of Allied national in enemy territory should be supported by, when claim for, 30-33 FORMAL INDICATION OF INSOLVENCY. Government guarantee of debt recoverable through Clearing Office does not apply in case of, 44, 203, 211 meaning of expression, 211 FRANCE, Allied Powers mentioned in the Peace Treaties, is one of the, 5-7 Austria, is party to Peace Treaty with, 6 Berlin Convention (1908), is party to, 62 Bulgaria, is party to Peace Treaty with, 6 Clearing OflBce in Paris enforces claim of nationals of, 41, 50 Germany, is party to Peace Treaty with, 5 Hungary, is party to Peace Treaty witli, 6 International Co])yright Convention of Berlin, is party to, 62 Jlixed Arbitral Tribunal between, and Germany. Rules of. 111, 285 Principal Allied and Associated Powers, is one of the, 5 rights of nationals of. under the Peace Treaties. Sec ALLIED NATIONALS Turkey, is party to Peace Treaty with, 7. 161 Washington Convention (1911), is party to, 60 FURNITURE, German national in United Kingdom from charging Order, release of, of, 342-343 INDEX 413 GENERAL LIQUIDATION OF ENEMY PROPERTY. ui specie if claimant's country prescribed, property subjected to measure of trausfernot recoverable, 22-23, 31, 233 GERMAN COLONIES, property of German nationals in, provisions in Peace Treaty as to, 223 GERMAN NATIONAL, artistic property of, in Allied countries, 35, 69-77, 289-303 Allied Government, licence in respect of, crranted by, 293 Board of Trade Order and Rules as to, in United Kingdom, 295, 357-368 British copyrights of. Board of Trade Order and Rules as to, 295, 357-368 British patents of, Board of Trade Order and Rules as to, 295, 345-355 charge on property of, in Allied territory, 17-18, 24, 214, 243, 308-309 Clearing Office, debt owing by, to Allied national is collected by, 41-58, 191-223. See CLEARING OFFICE Colonies, Allied Powers may retain property of, in territory of, 225 compensation from German Government for retention of his property by Allied Government, may recover, 35, 52, 71, 237 concession granted by Turkey to, 183 continuance of war measures against jiroperty of, 33, 225, 247, 291 contracts between, and Allied national, 78-92, 251-281. See CONTRACT BETWEEN ENEMIES copyrights of, in Allied countries, 35, 69-77, 289-303 currency in which debt owing by, to Allied national must be paid, 55,57, 205-207 debt owing by, to Allied national, 29-30, 41-58, 191-223 debt owing to, by Allied national, 36-39, 56-58 delivery of securities held by, affecting property in Allied territory, 247 Egypt is dealt with, how property of, in, 223-225 expropriation of, under Peace Treaty, 18-19 furniture of, in United Kingdom from charging Order, release of, 342-343 Government guarantee by (Jermany of debt owing by, 18, 43-44, 56, 203, 211 industrial property of, in Allied territory, 35. 59-64, 69-77, 249, 289-303 investment of cash assets of, is annulled by Treaty, 26, 35, 247 ifso facto a national of an Allied Power, when a, becomes, 225 jurisdiction of Courts of Allied Powers as to property of, 36, 94-97, 261-263 lease of land in Allied territory to, is not dissolved by Treaty, 82, 267 Liberia is dealt with, how property of, in, 223 limitation of right of action of, is suspended by Treaty, 88-89, 257 liquidation of property of, in Allied Territory, 17-18, "33, 225, 235 literary property of, in Allied countries, 35, 69-77, 289-303 Allied Government, licence in respect of, granted by, 293 Board of Trade Order as to, in United Kingdom, 295, 357-368 mortgage between, and Allied national is not dissolved by Treaty, contract of, 82, 267 negotiable instruments between, and Allied national, 87-88, 261, 269-271 patents of, in United Kingdom, 35, 69-77, 289-303 Board of Trade Order as to, 295, 345-356 period of prescription as between, and Allied national is suspended by Treaty, 88-89, 257 pre-war rate of exchange, when debt is repayaljle by, to Allied national at the, 55, 57, 207 private property of, in Allied countries, 33-40, 223-249 charge on, 17-18, 24, 241-243, 308-309 sale of. 17-18, 33, 225, 235 steps to be taken with reference to, 36-37 restoration of property of Allied national held by, 20-21, 30-31, 223, 231-233, 247 restrictions on user of industrial and literary property by, in Allied countries, 71-72. 293, 311, 345-368 retention of property of, in Allied territory' is authorised by Treaty, 17-18, 33, 225 sale of property of, by Allied Government. application of proceeds of, 233-235 charged in favour of Allied nationals, proceeds of, 33-34, 241-242, 308-309 proceeded with, may be, 33, 225 securities of, relating to their property in Allied territory are to be delivered to Allied Power, 249 Sherifian Empire is dealt with, how property of, in, 223 Siam is dealt with, how property of, in, 223 414 INDEX GERMAN 'NATIO'NAL—Contiimcd. suspension of iieriod of i>rescrii)tion as between, and Allied national, 88-89, 257 trade implements of, in United Kingdom from charging Order, release of, 342-343 trade-marks used by, 245 transfer of industrial, literary and artistic property of, 72, 293, 295 Turkey, ])roperty of, in, 171-172 winding-up of business of, IS, 26, 33, 223-227 GERMANY, Berlin (International) Convention, 1908, for protection of literary and artistic property, was party to, 60-62 copyright in, before outbreak of war, 60-62 Courts of Justice in, during the war, orders made by, 98-100 Government securities issued by, apportionment of liability in resjiect of, 27-28, 121-123 ])atents in, before outbreak of war, 59-60 Peace Treaty with. AVc GERMANY (PEACE TREATY WITH) Washington (International) Convention, 1911 (for the protection of industrial property), was party to, 60 GERMANY (PEACE TREATY AVITH), accounts as to Allied jiroperty in Germany, requires Germany to deliver, 249 acts of war of German Government, comjiensation recoverable under, for, 112-117 agreement for lease of land is not dissolved by, 82, 266-267 Allied Law Court, requires Germany to give effect to orders of, 94-95, 261-262 Allied nationals are entitled to restitution of their property in Germany under, 21, 223, 247 apportionment by Reparation Commission of liability on Government Bonds under, 122-123 artistic property, contains provisions protecting, 58-77, 249, 289-303 Berlin Convention, provides for restoration of, 63, 289 British cojiyrights and patents owned by Germans. 345-368 capital sums payable in respect of Government Bonds which are recoverable through Clearing Office under, 203 charge on German property in Allied territorv, authorises Allied Powers to create, 17-18, 24, 241-3, 308-309 Clearing Office for the collection of enemy debts is established under, 41-58, 191-223. y the Peace Treaties, period for the presentation of, has been, 177, 257 INTEREST PAYABLE IN RESPECT OF DEBTS BETWEEN ENEMIES, 27, 55, 221, 249 INTERNATIONAL CONVENTION. Berlin (1908) for protection of literary and artistic property, of, 59, 165, 289-291. 379-388 Protocol to, 60, 389 Berne (1886) for protection of literary and artistic property, of, 59, 165, 289-291, Paris (1883) for protection of industrial property, of, 59-60, 165, 289-291 Washington (1911) lor protection of industrial })roperty, of, 59-60, 165, 289-291, 370-378 INVESTMENT OF CASH ASSETS, 26, 35, 247 Allied nationals in enemy countries, of, 26, 247 Central Powers in AIUcmI countries, of nationals of, 35, 247 IP,SO FACTO NATIONAL OF ALLIED POWER, Austria, person who becomes, under Peace Treaty with, 144-146 Bulgaria, person who becomes, under Peace Treaty with, 158 Germany, person who becomes, uuder Peace Treaty with, 227, 255 Hungary, person who becomes, under Peace Treaty with, 152-153 Turkey, person who becomes, under Peace Treaty with, 168 ITALY. Sec ALLIED NATIONALS Allied Powers, is one of the, 5 Austria, is party to Peace Treaty with, 6 Austrian Government bonds, must assume the responsilnlity for part of sums payable in respect of, 28 Berlin Convention (1908), is party to, 63 Bulgaria, is party to Peace Treaty with, 6 financial responsibility of, for part of the Austrian Government debt, 28 Germany, is party to Peace Treaty with, 5 Hungary, is party to Peace Treaty with, 6 International Copyright Convention of Berlin, is party to, 63 Principal Allied and Associated Powers, is one of the, 5 rights of nationals of, under Peace Treaties. See ALLIED NATIONALS Turkey, is party to Peace Treaty with, 7 Washington Convention (1911), is party to, 60 JAPAN, Allied Powers, is one of the, 5 Austria, is party to Peace Treaty with, 6 Berlin Convention (1908), is party to, 62 Bulgaria, is party to Peace Treaty with, 6 contracts between nationals of, and Germans, pre-war, 10 Germany, is party to Peace Treaty with, 5 Hungary, is party to Peace Treaty with, 6 International Convention of Berlin (1908), is party to, 62 national of. See ALLIED NATIONALS contract to which, was a party, 80 Principal Allied and Associated Powers, is one of the, 5 rights of nationals of. uuder Peace Treaties. See ALLIED NATIONALS Turkey, is party to Peace Treaty with, 7, 161 Washington Convention (1911), is party to, 60 JUDGMENTS OF COURTS OF JUSTICE, 93-103. See ORDERS OF COURTS OF JUSTICE JURISDICTION TO DETERMINE DISPUTES BETWEEN ENEMIES, 92-111. 281-289 Allied Law Courts, of, 36, 94-98, 261, 283 Austrian Law Courts, of, 98-101, 261-3, 288-9 Pjulgarian Law Courts, of, 98-101, 261-3, 288-9 Clearing Ofiice is estal)lislied. ordinary Courts of Justice have no, where, 47, 97-98 German Law Courts, of, 98-101, 261-3, 289 Hungarian Law Courts, of, 98-101, 261-3, 288-9 Mixed Arbitral Tribunal, of, 103-111, 281-289 INDEX 423 JURISDICTION TO DETERMINE DISPUTES BETWEEN ENEMIES— Contin ued. national Courts of Allied Powers have, to exclusion of Mixed Arbitral Tribunal, when, 96 Neutral Power, of Law Courts of, 101-103, 2S3 Prize Courts, of, 95, 100, 179 Turkish Law Courts, of, 172, 177-179 LEASE OF LAND not dissolved by war, granted to an enemy is, 82, 267 LEX DOMICILII, where, is applicable to contract between enemies, 92 LEX LOCI CONTRACTUS, where, is applicable to contract between enemies, 90-92 LEX LOCI SOLUTIONIS, where, is applicable to contract between enemies, 90-92 LIBERIA, Allied Powers, is one of the, 6 Berlin Convention for protection of literary and artistic property, is party to, 62 German nationals in, property of, 223 Germany, is a party to Peace Treaty with, 6 LICENCES, amendment of, in respect of British copyrights and patents, 295, 349, 361 artistic property in territories of belligerent Powers, in respect of, 68, 75-77, 299-301 British copyrights owned by Austriaus or Germans, Board of Trade Order and Rules concernhig, in respect of, 295, 357-368 British patents owned by Austrians, Bulgarians, or Germans, Board of Trade Order and Rules concerning, in respect of, 295, 345-355 cancellation of, by the war, 68, 76, 299-301 compulsory, granted in respect of industrial, literary, and artistic property, 74, 295, 348, 361 copyrights, in respect of, 68, 75-77, 295, 299-301 industrial property in territories of belligerent Powers, in respect of, 68, 75-77, 299-301 literary property in territories of belligerent Powers, in respect of, 68, 75-77, 299-301 new, to be granted in lieu of existing ones, 68, 76, 299-301 patents, in respect of, 68, 75-77, 295, 299-301 " qualified tribunal " for fixing the conditions of new, 76, 301, 311, 319 revision of, in respect of enemy-owned British copyrights and patents, 295, 349, 361 LIEN, not dissolved or suspended by war, contract between enemies creating, 82, 267 LIFE INSURANCE CONTRACTS BETWEEN ENEMIES, 83-85, 272-277 branch of the insurance company, where the insurance was granted by a, 84, 275 German insurance company was the insurer, where, 84, 273 lapsed, 84, 275 meaning of, 277 not dissolved by the war, 83, 273 restoration of lapsed, 84, 275 sums recoverable under, 84, 273 surrender value is recoverable under, when, 84, 275 LIMITATION OF RIGHT OF ACTION, period of, suspended during the war, 26, 88-89, 149, 176-177, 257 transferred territory under Treaties, in, 159 LIQUIDATION OF PROPERTY, Allied nationals. Treaties prescribe discontinuance in enemy countries of, of, 18, 223 application of proceeds of, Allied nationals, of, 24, 31, 32, 235 Austriaus, of, 34, 233-235 Bulgarians, of, 34, 233-235 Germans, of, 34, 233-235 Hungarians, of, 34, 233-235 Turks, of, 168 424 INDEX LIQUIDATION OF VRO?KRT\— Continued. artistic copyright, in, 66, 70-71, 291-293 Austrian nationals in Allied territory may be continued, of, IS, 33, 224-5 Bulgarian nationals in Allied territory may bo continued, of, 18, 33, 224-5 charge on proceeds of, in Allied territory in favour of Allied nationals, 36, 241- 243, 308-9, 315 claim proceeds of, belom^ing to them in enemy territory, Allied nationals may, 31, 32, 235 Clearing Oflice, proceeds of, recoverable through, 42, 203 continuance of, in Allied territories is authorised by Treaties, IS, 33, 225 copyrights, in, 66, 70-71, 291-293 discontinuance of, of Allied nationals in enemy countries prescribed by Treaties, 18, 223 German national in Allied territory may be continued, of, 18, 33, 224-225 Hungarian national in Allied territory maj' be continued, of, 18, 33, 224-5 industrial nature, of, 66, 70-71, 291-293 literary production, in a, 66, 70-71, 291-293 measure of transfer, compulsory, is a, 20, 241 proceeds of, application of, 24," 31, 32, 34, 233-235 Turkish nationals in Allied territory ]nay be continued, of, 168 LITERARY AND ARTISTIC PROPERTY, 11, 59-77, 249, 289-303, 379-389 Allied national as regards his, rights of, 19-33, 65-68, 293 Austria will adhere to Berlin Convention, 1908, for protection of, 63, 390-391 Austrian national as regards his, rights of, 35, 69-77 Berlin Convention, 1908, for the protection of, 60-64, 379-389 reservations revived with the, 61 Berne Convention, 1886, for the protection of, 60-64 Board of Trade as to enemy-owned, in Great Britain, Order and Rules of, 295, 357-368 Bulgaria will adhere to Berlin Convention, 1908, for protection of, 64, 390-391 Bulgarian national as regards his, rights of, 35, 69-77 Clearing Oltice, sums produced by, during the Mar aie collected by, 66 compensation payable by Allied Power to enemy national for restrictions on user of his, 293 comjiulsory licences in respect of, of Austrian or German may be granted by Board of Trade, 295, 348, 361 continuance of special measures against, of nationals of Central Powers, 70, 291 formalities, not forfeited by non-compliance during war with, 66, 72 German national as regards his, rights of, 35, 69-77 Germany, Berlin Convention, 190S, for protection of, is revived as between Allied Powers and, 59-60, 390 Hungarian national as regards his, rights of, 35, 69-77 Hungary will adhere to Berlin Convention, 190S, for protection of, 63, 390-391 infringement during war of rights of, 67-68, 75 International Convention of Berlin, 1908, for the protection of, 379-389 restoration of, 289-291 licences in respect of user of, 68, 75-77, 299-301, 348, 361 liquidation of, disposal of proceeds of, 32, 66, 70 meaning of expression, 59, 348 publication of, during war, 65, 70 qualilied tribunal for fixing conditions of new licence for userof, 74, 301, 311, 319 restoration of rights of, on termination of the war, (55, 69, 2S9-291 restrictions on the rights of, of CJermans, Austrians, Hungarians, and Bulgarians, 71, 293, 311, 319, 357-368 revival of lapsed, 66, 73, 295 royalties received during war in respect of, 66, 76-77, 291-293 Rules of Board of Trade as to enemy-owned, in Great Britain, 295, 357-368 sale of, disposal of proceeds of, 32, 66, 70, 291-3 special measures taken during war in Allied territories in regard to, of enemies will continue, 35, 70, 291 transfer of, by national of Central Power, 72, 293 transferred by Austria or Hungary under Peace Treaty, in territory, 151 Turki.sh national as regards his, rights of, 164-165 Turkey will adhere to Berlin Convention, 1908, for protection of, 165 use of, in Allied territory during the war, 70, 291 war measures taken by Allied Powers with reference to, of enemies are to continue, 70, 291 INDEX 425 LOCAL CLEARING OFFICE, Austria and Great Britain, Order in Council provides for, as between, 313 authorised by Treaties, establishment of, 50, 209 Germany and Great Britain. Order in Council provides for, as between, 306 India, established in, 207, 209 MARINE INSURANCE CONTRACTS BETWEEN ENEMIES, 85-86 MEANING OF— " Allied and Associated Powers," 6 "artistic property," 59, 348 "bankruptcy," 211 " cash assets," 247 " concession," 267 "contract of life insurance," 277 "Creditor Clearing Office," 211 "debt." 45, 193, 195 " Debtor Clearing Office," 211 " during the war," 263 " enemies," 80. 177, 263-265 " enemy debt," 211 "exceptional war measures," 20, 241 "failure," 211 " formal indication of insolvency," 211 "general liquidation," 31, 233 " industrial property," 59, 344 "ipso facto national of an Allied Power," 144-6, 152-3, 158, 227, 253 " life assurance contract," 277 " literary property," 59, 348 " measure of execution," 257 "measure of transfer," 20, 241 " national," 197 " national of Allied Power " in Peace Treaty with Turkey, 163 "negotiable instrument," 87 "Ottoman Public Debt," 137 " patent," 345 " payable," 195 '■' 'pcrtincnza" 144-145 " pre-war rate of exchange," 27, 55, 207 " Principal Allied and Associated Powers," 5 "protected piersons," 185 "qualified tribunal," 74, 311, 319 " residing," 199 "transactions." 201 " Turkish national," 185 MEASURES OF EXECUTION, failure to perform formality, taken in territory of Central Empire by reason of, 257 invaded territory, taken by Central Power in, 259 meaning of expression. 259 Mixed Arbitral Tribunal may grant relief in case of, when, 259 MEASURE OF TRANSFER IN ENEMY COUNTRY, Allied national where his property has been subjected to, steps to be taken by. 30-32. 231 arbitrator may determine compensation recoverable by Allied national if his property has been subjected to, 116 compulsory liquidation of property is a form of, 20, 241 definition of, 20, 241 discontinuance of. is prescribed by Treaties as regards Allied property, 20, 223 Mixed Arbitral Tribunal may award compensation for loss caused to Allied national by, 104-5, 229 MINING CONCESSION, not dissolved by the war, granted person who becomes enemy is, 82, 267 MIXED ARBITRAL TRIBUNAL, 103-111, 281-289 agent will present cases conducted on behalf of the Government before the, 52, 219 42G INDEX MIXED ARBITRAL TRIBVNAL— Continued. Anglo-German, Rules of Procedure of, 108-110, 324-337. See RULES OF PROCEDURE arbitrator to assess damages caused to Allied nationals by enemy Government after July 31, 1914, and before war, to ai)point, 105 Board of Trade may conduct cases for British nationals before, 110-111 cancellation of contract by party thereto, maj' grant relief for, 89 Clearing Otlices disagree, will determine ditferences where Creditor and Debtor, 52, 104. 217 compensation payable, will assess amount of acts of war of enemy Government, for, 115 contract is kept alive by Allied Government, when, 105 defence was impossible, when enemy Court has made order against Allied national and, 99, 106, 261 exceptional war measures, for loss caused by, 104 dissolution of contract by party thereto, for, 105, 259 measures of execution against property of Allied nationals, for loss caused by, 105 measures of transfer, for loss caused by, 104 contracts lietween enemies, has jurisdiction to adjudicate on, 104 costs of proceedings before, 107 damages caused by exceptional war measures, may award, 20-21, 105 decisions of, are final, 106-107 dissolution of contract by party thereto, may grant relief for, 89, 105 establishment of, 281 evidence to be given before, 107, 110, 287 exceptional war measure, may grant relief for, 104 finality of decisions of, 106, 287, 308, 318 formalities of proceedings before the, to be determined by the Tribunal, 107 Government agent will present cases conducted on behalf of Government before the, 52, 219 jurisdiction of, 104-107 language used in proceedings of, 35, 289 licence to use industrial and literary property in lieu of old licence, may fix terms of new, 106 loss caused to Allied nationals by war measures, may give relief for, 104 measures of execution, may grant relief for loss caused by, 105 measures of transfer, may award compensation for loss caused by, 104 national Courts of Allied Powers have jurisdiction to exclusion of, when, 96 place of meeting of, 289 pre-war contracts between enemies, has jurisdiction to adjudicate on, 104 procedure before, 107-8, 287 questions to lie decided by, 103-111, 281-283 Rules of Procedure of the Anglo-German, 108-110 Rules of procedure of Franco-German, 111, 285 Germano-Belgian, 111, 285 Greco-German, 111, 285 MODELS OF UTILITY. See INDUSTRIAL PROPERTY extension of period of enjoyment of, 67, 371-377 MOROCCO (SHERIFIAN EMPIRE), Austrian nationals in, is dealt with, how proj)erty of, 146 German nationals in, is dealt with, how property of, 223 Hungarian nationals in, is dealt with, how property of, 154 MORTGAGE. not dissolved ]resent parties under, 333 public hearing prescribed by, 110 " rejoinder " to be delivered by defendant under, 109, 327 " reply " to be delivered by claimant under, 109, 327 " response " to be delivered by the defendant under, 109, 326 stay of execution, as to granting, 336 submission of case on agreed facts, as to, 335 time for lodging claims, as to, 324 RULES OF RROCEDURE OF FRANCO-GERMAN MIXED ARBITRAL TRIBUNAL, 111, 285 RULES OF PROCEDURE OF GERMANO-BELGIAN MIXED ARBITRAL TRIBUNAL, 111, 285 RULES OF PROCEDURE OF GRECO-GERMAN MIXED ARBITRAL TRIBUNAL, 111, 285 SALE OF PROPERTY. See LIQUIDATION OF PROPERTY Administrator of Austrian property, by, 316 Allied nationals, in enemy territory belonging to, 24, 31-32, 231 Custodian of enemy property authorised by the Treaty of Peace Order, 1919, by, 310 pledged by person who became enemy on outbreak of war, 90, 269 SEQUESTRATION OF PROPERTY OF ALLIED NATIONALS IN ENEMY Central Powers required to discontinue, 20 TERRITORY exceptional war measure, is an, 241 Hungarian (^e /urc or rfe /arto authorities after November 3, 1918, is annulled, by, 20-21 SERBO-CROAT-SLOVENE STATE, Allied Powers, is one of the, 6 Austria, is party to Peace Treaty with, 6 Austrian Government Bonds, must assume the responsibility for part of the sums payable in respect of the, 28 Bulgaria, is party to Peace Treaty with, 6 financial obligations to be assumed by, 28, 123 Germany, is party to Peace Treaty with, 6 Hungary, is party to Peace Treaty with, 6 rights of nationals of, under Peace Treaties. Sec ALLIED NATIONALS Turkey, is party to Peace Treaty with, 7 SETTLEMENT OF CLAIMS, Clearing Office, for debts through the, 50 property of British nationals in Germany, agreement concerning the, of, 338-344 SHERIFIAN EMPIRE (MOROCCO), Austrian nationals in, is dealt with by Peace Treaty, how property of, 146 German nationals in, is dealt with by Peace Treaty, how property of, 223 Hungarian nationals in, is dealt with by Peace Treaty, how property of, 154 SI AM. Allied Powers, is one of the, 6 Austria, is party to the Peace Treaty with, 6 Austrian nationals is dealt with, how property in, belonging to, 146 Bulgaria, is party to the Peace Treaty with, 6 German nationals is dealt with, how property in, belonging to, 223 Germany, is party to the Peace Treaty with, 6 Hungarian nationals is dealt with, how property in, belonging to, 154 Hungary, is party to the Peace Treaty witii, 6 rights of nationals of, under Peace Treaties. See ALLIED NATIONALS INDEX 433 SOUTH AFRICA, Clearing Office, has established an independent, 41, 50, 207 STAMPING OF AUSTRIAN AND HUNGARIAN GOVERNMENT BONDS, 128, 130 "STATELESS PERSON," 199, 225, 309 STOCK EXCHANGE, closure of contract under rules of, 267-268 SUSPENSION OF PERIOD OF PRESCRIPTION. 26, 88-89, 149, 159. 176-177, 257 TAXES ON PROPERTY, Allied nationals after end of war to be repaid, imposed on, 24, 237 transferred by Austria and Hungary under Peace Treaties, of inhabitants of territory, 148 TRADE IMPLEMENTS, German national in L^nited Kingdom from charging Order, release of, of, 342-3 TRADE-MARKS. See INDUSTRIAL PROPERTY Board of Trade may make rules as to user of, by nationals of Central Powers, 73-74, 294-5, 311 common by companies ti'ading in opposing States, used in, 245 exclusion of period of war in considering user of. 67, 74, 297 extension of period of enjoyment of, 67. 74, 295-297 International Convention of Washington, 1911, as to, provisions in, 370-378 registration of, extension of period for, 297 restrictions on the rights of user of German and Austrian, 311, 319 TRADING WITH THE ENEMY ACTS, 1914 to 1918 ... 40 " exceptional war measures " within meaning of Peace Treaties, are, 33, 241 TRANSACTIONS. meaning of term, 201 TRANSFER, industrial, literary or artistic property after outbreak of war, of, 72, 293 TRANSFERRED TERRITORY (UNDER PEACE TREATIES), artistic property in. 150 Austria, ceded under Peace Treaty with, Government Bonds, must pay contribution towards liabilities on, 124-132 private property and rights in, 146-151 Bulgaria, ceded under Peace Treaty with. Government Bonds, must pay contribution towards liabilities on, 132-134 private property and rights in, 157-160 Clearing Offices do not collect debts as between Austrians or Hungarians and inhabitants of, 150 contract between enemies to which inhabitant of, was a party, 81 contracts between nationals of, 148 debt owing by Austrian or Hungarian to national of, 150 Germany must pay contribution towards liabilities on Government Bonds, ceded under Peace Treaty with, 121-123 Hungary, ceded under Peace Treaty with, Government Bonds, must pay contribution towards liabilities on, 124-132 private property and rights in, 146-151 industrial property in, 150 insurance companies in, 150 limitation of right of action in, 159 liquidation of property of nationals of Central Powers in, 33, 225 literary property in, 150 nationals of, property riglits of, 143-148 prescription in, suspension of period of, 149, 159 retain property of nationals of. Allied Powers cannot. 143, 225 suspension of period of prescription in, 149, 159 Turkey, ceded under Peace Treaty with. Government Bonds, must pay part of liabilities on Turkish, 134-136 period of prescription in, suspension of, 159 private property and riglits in, 167, 169 TRUSTEE, Clearing Office, when, may claim debt through, 47 28 434 INDEX TURKEY (PEACE TREATY WITH), 3, 13. lOO-lSo agreement for lease of land is not dissolved by, 266-267 Allied companies under, transfer of property of Turkish company to, 184 Allied Law Courts, requires Turkey to enforce orders of, 179 Allied nationals are entitled to restitution of their property in Turkey under, 166 Arbitral Commiss''ou to be appointed under, for fixing eompensatiou of damage to }iroperty, 119, 166, 178 artistic property, contains provisions protecting, 164-5, 176 ^ Austrian property in Turkey, prohibits dealings with, 171-172 Berlin International Convention, requires Tuikey to adhere to, 165 Bulgarian property in Turkey, prohibits dealings witli, 171-172 charge on Turkish proi)erty in Allied territory, authorises Allied Powers to ° 1 i ^ create, 168 Clearing Office for collection of debts, does not establish, 162 CommtTcial Exchange contracts are confirmed by, rules as to closure of, 266-267 companies controlled by Allied nationals, protects, 167, 179-185 compensation recoverable under, damage to or loss of property of Allied nationals, for, 118-120 dissofutiou of contract between enemies, for, 178 non-restitution of property to Allied national, for, 166 retention of Turkish property by Allied Power, from Turkish Government, for, 169 concessions in territory detached from Turkey, provisions in, as to, 182 concessions in Turkey held by Allied nationals, protects, 179-182 concessions in Turkey held by Germans, Austrians, Hungarians, and Bulgarians, provisions in, as to, 183 confirmation of measures taken Ijy Allied Powers after October 30, 1918, in Turkey in regard to property of Germans, Austrians, Hungarian's, and Bulgarians, 173 confirmation of orders and judgments of the Courts and Government depart- ments of the Allied Powers by, 172-173 confiscated property of Allied nationals, prescribes restitution of, 166 consular Courts may adjudicate under, on contracts between Allied national and Turk, 178179 contracts between enemies, provisions in, as, 176, 262-278 coupons has been extended by, period of presentation of, 178 Courts of Justice, provisions in, as to orders made by Allied and Turkish, 172, 177-179 currency in which debts owing by Turks to Allied nationals or vice rrrsa must be paid under the, 174-175 date of signature of (June 4, 1920) debts owing by Allied national to Turkish national may be retained under ° ^ the, 175 debts owing by Turk to Allied national or vice versa, provisions in, as to, " ^ 174-175 dissolution of contract between enemies, compensation recoverable under the, for, 178 dividend coupons has been extended by, period for presentation of, 177 distinguishing features of, 162-163 " Economic Clauses" in the, 13, 160-185 EL'VT)tian nationals, i)rovides for protection of property in Turkey belonging to, ^^'- ^ 163-164 Egyptian Tribute by, Turkey renounces all claim to, 138 '' enemies" in, meaning of, 177 extension of time for presentation of coupons, 177 Financial Commission, provides for appointment of, 118 fire insurance contracts, provisions in, as to, 270-273 German property in Turkey, prohibits dealings with, 171-172 Government Securities issued by Turkey, apportions liabilities in respect of, 134-137 Hungarian property in Turkey, i)rohil)its dealings with. 171-172 industrial projjcrty, contains provisions protecting, 164-5, 175 insurance contracts, provisions in, as to, 271-281 ipsofcuio nationals of Allied Power under, persons who l)ecome. 167, 168 judgments given by Turkish Courts may be revised under, 177 languages, ratified in three, 163, 188 law applicable to contract between Allied national and Turk under, 176 lease of land is not dissolved liy, 266-267 INDEX 435 TURKEY (PEACE TREATY ^yiTRy-Co7itmuecL lien is not dissolved by, contract of, 266-267 life insurance contracts, provisions in, as to, 272-277 limitation of right of action is suspended by, 176 liquidation under, of property of, 162, 172 Austrian national in, territory ceded by Turkey, 172 Turkey, 171 Bulgarian national in, territory ceded by Turkey, 172 Turkey, 171 German national in, territory ceded by Turkey, 172 Turkey, 171 Hungarian national in, territory ceded by Turkey, 172 Turkey, 171 Turkish Companies in territory transferred by Turkey, 169 Turkish nationals in Allied territories, 168 literary property, contains provisions jirotecting, 164-5, 176 marine insurance contracts, provisions in, as to, 276-277 measures of execution ordered by a Turkish Court may be revised under, 177-178 mining concession is not dissolved by, 266-267 mortgage is not dissolved by, contract of, 266-267 national Court of Allied Power may adjudicate on contract between enemies under, when, 178-179 "nationals of Allied Powers," in, meaning of expression, 185 negligence of Turkish authorities under, Allied nationals can recover damages for, 117 negotiable instruments, provisions in, as to sums secured by, 177, 261, 271 orders made by Allied and Turkish Courts of Justice, provisions in, as to, 172, 177-178 Ottoman Public Debt is apportioned by, liability in respect of, 135 outline of, 3, 161 parties to, 7, 161 period of prescription is suspended by, 176-177 pledge is not dissolved by, contract of, 266-267 pre-war rate of exchange under, debts owing to Allied nationals by Turks are payable at the, 174-175 private property in Turkey, provisions in, as to, 160-185 Prize Courts, provisions in, as to, 179 " protected persons " in, meaning of expression, 185 railway undertakings in Turkey, provisions in, as to, 162, 170 recovery of property in Turkey by Allied national under the provisions of, 167 reinsurance contracts, provisions in, as to, 279-281 Reparation Commission rtnder the, sums payable to, 170 172 restitution of property of Allied nationals in Turkey is prescribed by, 166 retain Turkish property in Allied territory, Allied Powers are authorised by, to, 168 revision of orders of Turkish Courts is autho ised by, 177 sale of security for unpaid debt during the war is confirmed by, 268-269 sale of Turkish property in Allied territory by Allied Powers is authorised _ by, 168 securities of Turks relating to property in Allied tenitory, provides for the delivery to Allied Powers of, 173 signature of, date of the (June 4, 1920) special features of, 162-163 stei)S to be taken by Allied national to procure restitution of his property under, 167 Stock Exchange contracts are confirmed by, rules as to closure of, 266-269 suspension of period of prescription by, 176-177 taxes, Allied nationals are entitled under the, to restitution of their property in Turkey free from, 166 territory transferred by Turkey under the, property in, 167 Turkish Government Bonds apportioned by, liability in respect of, 134 137 Turkish Government must take steps to etfect restitution of property to Allied nationals, 166 Turkish Law Courts, provides for revision of orders of, 177-178 436 INDEX TURKEY (PEACE TREATY ^\' ITU)— Continued. "Turkish uationals " iu, meaning of expression, 168 Turkisli nationals residin<,' in Egypt by, rights coulerred on, 163-4 unfair liquidation of property, provisions in, as to, 172 A\'ashington International Convention, require Turkey to adhere to, 165 URUGUAY, Allied Powers, is one of the, 6 Germany, is party to Peace Treaty with, 6 WASHINGTON CONVENTION. 1911 (FOR THE PROTECTION OF IN- DUSTRIAL PROPERTY), 59-64, 370-378. ^'ee INDUSTRIAL PROPERTY Austria, is restored in the territory of, 59, 289-291 Bulgaria will adhere to, 64, 289-291 eiTect of, 60 Germany, is restored in the territory of, 59, 289-291 Hungary, is restored in the territory of, 59, 289-291 parties to, 60 text of, 370-378 Turkey, will adhere to, 165 WINDING-UP OF BUSINESS. Sec LIQUIDATION OF PROPERTY Allied national in territory of Central Power, of, order directing, after end of war is void, 26 stayed, order directing, should be, 18, 223 confirmation of orders directing, in territory of the belligerent Powers, 93, 239 PRINTBU IN OBBAT BlUTAlN BY BILLINQ AND SONS, LTD., CUILDFOKD AND K3UEB. THE LIBRARY UNIVERSITY OF CALIFORNIA Santa Barbara THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. INTEBLIBRARY LOAN UNIVERSITY OF GALIf-ORNlA RO'D -r^*^* .^' ^^ X '6 Series 9482