on arrangements dealing with the interests of both British and enemy subjects in patents, trade-marks and designs, and whereas it has been represented to me by the Board of Trade that British subjects are permitted to apply in enemy territories for the grant and renewal of the grant of letters patent and for the registration and renewal of the registration of trade-marks and designs: Now 1, Ernest Murray Pollock, one of His Majesty's Counsel and a Member of the Commons House of Parliament, Controller of the Foreign Trade Department of the Foreign Office, in pursuance of the authority given me in this behalf by His Majesty's Principal Secretary of State for Foreign Affairs, hereby, on behalf of His Majesty, give and grant, unto every person, or body of persons, incorporated or unincorporated, resident, carrying business or being in the United Kingdom, full licence and authority to apply on behalf of any person, or body of persons, whose name now is, or shall hereafter be, placed on the Statutory List of persons with whom trading is forbidden by any Proclamation issued under "The Trading with the Enemy (Extension of Powers) Act, 1915,"* for the grant, or for the renewal of the grant, of any letters patent, or for the registration, or for the renewal of the registration, of any trade-mark or design in the United Kingdom, or in any part of His Majesty's Dominions outside the United Kingdom, where such applications are allowed by the Government of that part of His Majesty's Dominions to be made on behalf of persons, or bodies of persons, whose names are on the Statutory List, and for that purpose to transact all necessary business with regard to the application, and to all matters arising thereout with the person, or body of persons, on whose behalf the application is made, and generally to do all things necessary for carrying the application into effect, and in particular to pay any fees payable in the United Kingdom, or in any such part of His Majesty's Dominions outside the United Kingdom as aforesaid (provided that no fees be paid. to any person, or persons resident or carrying on business outside the United Kingdom, unless such person or persons is or are permitted by the Government of that part of His Majesty's Dominions in which he or they is or are resident or carrying on business, to pay fees on behalf of persons or bodies of persons whose names are on the Statutory List), and to pay and retain any charges or expenses incurred in relation to the matter aforesaid. Foreign Office, Foreign Trade Department, Vol. CIX, page 56. BRITISH ORDER IN COUNCIL varying Articles 11 and 12 of "The Nigeria Protectorate Order in Council, 1913."-London, May 10, 1917.* At the Court at Buckingham Palace, the 10th day of May, 1917. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Chamberlain. Lord Colebrooke. WHEREAS by Articles 11 and 12 of an Order of His Majesty in Council bearing date the 22nd day of November, 1913, and known as "The Nigeria Protectorate Order in Council, 1913," provision was made for the administration of the Government of the said Protectorate in the absence of the Governor ; And whereas it is expedient to revoke the said articles and to make further and other provision in lieu thereof: Now, therefore, His Majesty, by virtue and in exercise of the powers by The Foreign Jurisdiction Act, 1890," or otherwise in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: 1. This Order may be cited as Order in Council, 1917." The Nigeria Protectorate 2. The 11th and 12th Articles of the Nigeria Protectorate Order in Council, 1913, are hereby repealed and revoked without prejudice to anything lawfully done thereunder, and the said Order shall, from the date of the coming into operation of this Order, be construed and take effect as if, instead of the 11th and 12th Articles, the following articles had been inserted therein : "11. Whenever and so often as the Governor is absent from the seat of Government, or is absent in the Colony, or on a passage between any places in Nigeria, or is in any of the territories adjacent to or near to Nigeria in the exercise or discharge of any powers or duties conferred or imposed upon him by His Majesty, he may continue to exercise and shall be deemed to be capable of exercising all and every the powers vested in him by this Order in Council or by any instructions from His Majesty; and may by an instrument under the Public Seal appoint any person or persons to be his deputy or deputies within any part or parts of the Protectorate during such absence, and in that capacity to exercise, perform, and * "London Gazette," July 6, 1917. Vol LXXXII, page 656. + Vol. CVI, page 577. execute for and on behalf of the Governor during such absence, but no longer, all such powers and authorities by this Order in Council or otherwise vested in the Governor as shall in and by such instrument be specified and limited, but no others. Every such deputy shall conform to and observe all such instructions as the Governor shall from time to time address to him for his guidance. Provided nevertheless that by the appointment of a deputy or deputies as aforesaid the power and authority of the Governor shall not be abridged, altered or in any way affected otherwise than His Majesty may at any time hereafter think proper to direct. 12. Whenever the office of Governor is vacant, or if the Governor is absent from the Protectorate, or becomes incapable, or is from any cause prevented from acting in the duties of his office, then such person as may be appointed under the Royal Sign Manual and Signet, or if there be no such person so appointed, or if such person be absent from Nigeria or unable to act, then the senior member of the Executive Council present for the time being in Nigeria shall during His Majesty's pleasure, administer the government of the Protectorate, first taking the oath hereinbefore directed to be taken by the Governor, and in the manner herein prescribed, which being done, the acting Governor is hereby authorised, empowered, and commanded to do and execute, during His Majesty's pleasure, all things that belong to the office of Governor according to the tenour of this Order and according to His Majesty's instructions and the laws of the Protectorate; provided that the Governor, whenever and so often as he is in the Colony, or on a passage between any places in Nigeria, or is in any of the territories adjacent to or near to Nigeria in the exercise or discharge of any powers or duties conferred or imposed upon him by us, shall not be considered to be absent from the Protectorate within the meaning of this Order in Council." 3. This Order shall come into operation on the 1st day of June, 1917, and shall be published in the Government Gazette,' and the Governor shall give directions for the publication of this Order at such places, and in such a manner, and for such time or times as he thinks proper for giving due publicity thereto within the Protectorate of Nigeria. 4. His Majesty may from time to time revoke, alter, add to, or amend this Order. And the Right Honourable Walter Hume Long, one of His Majesty's Frincipal Secretaries of State, is to give the necessary directions herein accordingly. J. C. LEDLIE. ACT of the British Parliament to prohibit the alteration, except with the consent of the Board of Trade, of Articles of Association or Regulations which restrict Foreign Interests in Companies, and for other purposes connected therewith. [7 & 8 Geo. V, c. 18] [May 24, 1917.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) Where any provision in the articles of association of a registered company is designed to restrict or limit, or has the effect of restricting or limiting, the proportion or amount of the capital of the company or of the voting power in the company, or of the control upon the Board of the company which may be held or exercised by or on behalf of aliens, or is otherwise designed to restrict or limit, or has the effect of restricting or limiting, the interests or authority of aliens in the company or the control of the company by aliens, an alteration of that provision shall not be of any effect, notwithstanding anything in any other Act, until it has received the written consent of the Board of Trade. (2.) The decision of the Board of Trade as to whether an alteration of a provision requires the consent of the Board under this Act or not shall be final and conclusive. (3.) This Act shall apply to any regulations or provisions in the nature of regulations affecting an incorporated company, not being a registered company, which can be altered by the company, in the same manner as it applies to the articles of association of a registered company. (4.) In this Act the expression "registered company means a company as defined by section 285 of "The Companies (Consolidation) Act, 1908," and the expression "alien" includes any body corporate not incorporated in some part of His Majesty's Dominions and any class of 'aliens. 2. The following provisions shall apply to every company in whose articles of association is contained any provision such as mentioned in section 1 (1) of this Act: (1.) A resolution for the voluntary winding-up of the company shall be of no effect unless the Board of Trade in its discretion authorises or ratifies it by a written consent. (2.) The Court which has jurisdiction to wind up the company may in its discretion refuse to make a winding-up order. (3.) In the exercise of its discretion the Board of Trade or the Court, as the case may be, shall be guided by the consideration whether the winding-up is bonâ fide with a view to the discontinuance of the undertaking, or is with a view to continuing the undertaking free from any restrictions or limitations such as are mentioned in section 1 (1) of this Act which are contained in the company's articles of association or any of such restrictions or limitations. (4.) The Board of Trade in giving consent or the Court in making a winding-up order, as the case may be, may impose such terms or conditions for giving effect to this Act as it thinks fit. 3. This Act may be cited as "The Companies (Foreign Interests) Act, 1917." BRITISH NOTIFICATION relative to the grant of Licences for Payments to Persons in Territory in Enemy Occupation.-London, June 2, 1917.* WHEREAS by Proclamation dated the 9th day of September, 1914, called the Trading with the Enemy Proclamation No. 2, certain prohibitions as therein more specifically set forth were imposed upon all persons therein referred to; And whereas by Proclamation dated the 8th day of October, 1914, the Trading with the Enemy Proclamation No. 2 was amended as therein more specifically set forth; And whereas by Proclamation dated the 7th day of January, 1915, § the Trading with the Enemy Proclamation No. 2, as amended by the last-recited Proclamation, was amended as therein more specifically appears; And whereas by Proclamation dated the 16th day of February, 1915, it was recited that certain territory forming part of our territory or of that of an Allied or Neutral State is or may be in the effective military occupation of an enemy, and it was provided that the Proclamations for the time being in force relating to Trading with the Enemy shall apply to territory in hostile occupation as they apply to an enemy country; And whereas by section (4) of the last-mentioned Proclamation it is further provided that nothing in the said Proclamation shall be taken to prohibit anything which may * "London Gazette," June 5, 1917. + Vol. CVIII, page 117. Vol. CVIII, page 146. || Vol. CIX, page 212. |