No. 20/1927:

THE TREATY OF PEACE (GERMANY) (COLLECTION OF DEBTS) ORDER, 1927.

THE TREATY OF PEACE (GERMANY) (COLLECTION OF DEBTS) ORDER, 1927.

WHEREAS at Versailles on the 28th day of June, 1919, a Treaty of Peace was signed with Germany by (amongst others) the representatives of the Government of the late United Kingdom of Great Britain and Ireland:

AND WHEREAS it is enacted by section 1 of the Treaty of Peace Act, 1919, that His Majesty may (inter alia) make such Orders in Council and do such things as appear to him to be necessary for carrying out the said Treaty and for giving effect to any of the provisions of the said Treaty, and that any such Order in Council may provide for the imposition, by summary process or otherwise, of penalties in respect of breaches of the provisions thereof, and may be varied or revoked by a subsequent Order in Council:

AND WHEREAS in exercise of the powers conferred by the said Act an Order in Council entitled the Treaty of Peace Order, 1919, was made on the 18th day of August, 1919:

AND WHEREAS the said Treaty of Peace Order, 1919, was amended by the Orders in Council mentioned in the Schedule to this Order, and the said Treaty of Peace Order, 1919, as so amended has the force of law in Saorstát Eireann:

AND WHEREAS it is enacted by section 10 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) that whenever it is provided in any British Statute that any act or thing shall or may be made or done by Order in Council, then every such act or thing may be made or done in Saorstát Eireann by an Order of the Governor-General of the Irish Free State upon the advice of the Executive Council of the Irish Free State:

AND WHEREAS the said Treaty of Peace Act, 1919, is a British Statute within the meaning of the said Adaptation of Enactments Act, 1922 :

AND WHEREAS it appears to the Governor-General of the Irish Free State acting on the advice of the Executive Council of the Irish Free State to be necessary for giving further effect to the sections of the said Treaty set out in the Schedule to the Treaty of Peace Order, 1919, that the said Treaty of Peace Order, 1919, as amended by the Orders in Council mentioned in the Schedule to this Order should be further amended in the manner hereinafter appearing :

NOW I, TIMOTHY MICHAEL HEALY, Governor-General of the Irish Free State, acting on the advice of the Executive Council of the Irish Free State and in pursuance and by virtue of section 1 of the Treaty of Peace Act, 1919, as adapted by section 10 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) and of every and any other power me in this behalf enabling, do hereby order as follows :—

1.—This Order may be cited for all purposes as the Treaty of Peace (Germany) (Collection of Debts) Order, 1927.

2.—In this Order—

the expression " the Minister " means the Minister for Finance ; the expression " the Treaty " means the said Treaty of Peace with Germany signed at Versailles on the 28th day of June, 1919;

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 ; and

the expression " residents in Saorstát Eireann " includes all persons resident in Saorstát Eireann for the time being, and any company or corporation incorporated therein according to the law of Saorstát Eireann.

3.—The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

4.—The provisions of the Treaty of Peace Order, 1919, as amended by the Orders in Council mentioned in the Schedule to this Order shall, in so far as the same are repugnant to the provisions of this Order, cease to have effect from the date of this Order.

5.—The Minister may collect any enemy debts due at the date of this Order by residents in Saorstát Eireann, and in any proceedings by the Minister for that purpose costs may be awarded to or against the Minister.

6.—It shall not be lawful for any person to pay any enemy debt, except in cases where recovery thereof in a court of law is allowed as hereinafter provided, otherwise than through the Minister, and no person interested in any such debt as debtor shall have any communication with any other person interested therein as creditor except through or by leave of the Minister, and if any person contravenes this provision he shall be guilty of an offence and be liable to be proceeded against and punished as if he had been guilty of the offence of trading with the enemy, and section 1 of the Trading with the Enemy Act, 1914, shall apply accordingly.

7.—It shall not be lawful for any person to take proceedings in any court for the recovery of an enemy debt except in the circumstances provided under paragraphs 16, 23 and 25 of the annex to section III. of Part X. of the Treaty.

8.—The Minister 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 section III. of Part X. of the Treaty, and for that purpose shall have all such rights and powers as if he were the creditor ; and if the debt has been admitted by the debtor or the debt or the amount thereof has been found by arbitration or by the Mixed Arbitral Tribunal constituted under section VI. of Part X. of the Treaty or by a court of law in the manner provided by paragraph 16 of the annex to section III. of Part X. of the Treaty, the Minister may certify the amount so admitted or found due together with such interest as aforesaid and on production to the proper officer of the High Court of Justice of Saorstát Eireann 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 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 shall be recoverable in like manner as if they were part of such judgment.

9.—It shall be lawful for the Minister to recover from any person by whom a fine is payable under paragraph 10 of the annex to section III. of Part X. of the Treaty, the amount of such fine.

10.—In any proceeding by the Minister to enforce payment of a debt or fine, a report signed by the Minister or by the principal officer of the Department of Finance shall be evidence of the facts therein stated.

11.—A certificate signed by the Minister or by the principal officer of the Department of Finance that an order purporting to be made or issued by the Minister is so made or issued shall be conclusive evidence of the facts so certified.

12.—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 in Saorstát Eireann.

T. M. HEALY,

Governor-General.

Dublin.

This 1st day of March, 1927.

SCHEDULE.

1. The Treaty of Peace (Amendment) Order, 1920, made on the 28th day of June, 1920.

2. The Treaty of Peace (Amendment) (No. 2) Order, 1920, made on the 9th day of November, 1920.

3. The Treaty of Peace (Amendment) Order, 1921, made on the 14th day of February, 1921.

4. The Treaty of Peace (Amendment) (No. 2) Order, 1921, made on the 27th day of May, 1921.

5. The Treaties of Peace Orders (Amendment) Order, 1921 made on the 11th day of October, 1921.

6. The Treaties of Peace Orders (Amendment) Order, 1922, made on the 3rd day of March, 1922.