(8) The Board of Trade shall from time to time prepare and lay before 5 & 6 GEO. 5, Parliament lists of the persons, firms, and companies as to whom orders have been made under this section, together with short particulars of such orders, and notice of the making of an order under this section prohibiting or limiting the carrying on of any business, or requiring any business to be wound up, shall be published in the London, Edinburgh, or Dublin Gazette, as the case may require.

(9) Where a person, being a subject of His Majesty or of any State allied to His Majesty, is detained in enemy territory against his will, that person for the purposes of this section shall not be treated as an enemy or as being in enemy territory.

(10) An order made under this section shall continue in force notwithstanding the termination of the present war until determined by order of the Board of Trade.

CAP. 105. Trading with the Enemy Amendment Act, 1916.

interest.

2.-Where it appears to the Board of Trade that a contract entered Provision as into before or during the war with an enemy or enemy subject or with a to contracts person, firm, or company in respect of whose business an order shall have against public been made under section one of this Act is injurious to the public interest, the Board of Trade may by order cancel or determine such contract either unconditionally or upon such conditions as the Board may think fit, and thereupon such contract shall be deemed to be cancelled or determined accordingly.

supervisors.

3.-The power of the Board of Trade to appoint inspectors and super- Extension of visors under the Trading with the Enemy Acts, 1914 and 1915, shall powers to include a power to appoint an inspector or supervisor of the business appoint carried on by any person, firm, or company in the United Kingdom for the inspectors and purpose of ascertaining whether the business is carried on for the benefit of or under the control of enemy subjects, or for the purpose of ascertaining the relations existing, or which before the war existed, between such person, firm, or company, or of any members of that firm or company, and any such subject; and the Board of Trade may require any inspector, supervisor, or controller appointed under the said Acts or this Act to furnish them with reports on any matters connected with the business.

Trade to vest

enemy

property in

4. (1) The Board of Trade, in any case where it appears to them Power of to be expedient to do so, may by order vest in the custodian under the Board of Trading with the Enemy Amendment Act, 1914, any property, real or personal (including any rights whether legal or equitable, in or arising out of property, real or personal), belonging to or held or managed for or custodian. on behalf of an enemy or enemy subject, or the right to transfer that property, and may by any such order, or any subsequent order, confer on the custodian such powers of selling, managing and otherwise dealing with the property as the Board may seem proper.

(2) A vesting order under this section as respects property of any description shall be of the like purport and effect as a vesting order as respects property of the same description made by the High Court under the Trustee Act, 1893, and shall be sufficient to vest in the custodian any property, or the right to transfer any property as provided by the order, without the necessity of any further conveyance, assurance, or document.

(3) Where in exercise of the powers conferred on him by the Board of Trade or by the Court under this Act or by virtue of the Trading with the Enemy Amendment Act, 1914, the custodian proposes to sell any shares or stock forming part of the capital of any company or any securities issued by the company in respect of which a vesting order under either of the said

CAP. 105.

5 & 6 GEO. 5, enactments has been made, the company may, with the consent of the Board of Trade, purchase the shares, stock, or securities, any law or any regulation of the company to the contrary notwithstanding, and any the Enemy shares, stock, or securities so purchased may from time to time be re-issued Amendment by the company.

Trading witk

Act, 1916.

Duty of enemy subjects to make returns

(4) The transfer on sale by the custodian of any property shall be conclusive evidence in favour of the purchaser and of the custodian that the requirements of this section have been complied with.

(5) All property vested in the custodian under this section, and the proceeds of the sale of, or money arising from, any such property shall be dealt with by him in like manner as money paid to and property vested in him under the Trading with the Enemy Amendment Act, 1914, and section five of that Act as amended by this Act shall apply accordingly.

5.-It shall be the duty of every enemy subject who is within the United Kingdom, if so required by the custodian, within one month after being so as to property. required, to furnish the custodian with such particulars as to

(a) any stocks, shares, debentures, or other securities issued by any company, government, municipal or other authority held by him or in which he is interested; and

(b) any other property of the value of fifty pounds or upwards belonging to him or in which he is interested

as the custodian may require, and if he fails to do so he shall, on conviction under the Summary Jurisdiction Acts, be liable to a fine not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such a fine and imprisonment, and, in addition, to a further fine not exceeding fifty pounds for every day during which the default continues.

Right of cus- 6. If the benefit of an application made by or on behalf or for the todian to have benefit of an enemy or enemy subject for any patent is, by an order under enemy patent the Trading with the Enemy Amendment Act, 1914, or this Act, vested

granted to him.

Duration of restrictions on dealings

with enemy property.

Registration of transfer without production of certificates,

&c

in the custodian, the patent may be granted to the custodian as patentee and may, notwithstanding anything in section twelve of the Patents and Designs Act, 1907, be sealed accordingly by the Comptroller General of Patents, Designs, and Trade Marks, and any patent so granted to the custodian shall be deemed to be property vested in him by such order as aforesaid.

7. Any restrictions imposed by any Act or Proclamation on dealings with enemy property shall continue to apply to property particulars whereof are or are liable to be notified to the custodian in pursuance of section three of the Trading with the Enemy Amendment Act, 1914, as extended by any subsequent enactment, not only during the continuance of the present war, but thereafter until such time as they may be removed by Order in Council, and Orders in Council may be made removing all or any of those restrictions either simultaneously as respects all such property or at different times as respects different classes or items of property.

8.-(1) Where the custodian executes a transfer of any shares, stock, or securities which he is empowered to transfer by a vesting order made under section four of the Trading with the Enemy Amendment Act, 1914, or under this Act, the company or other body in which the shares, stock, or securities are registered shall, upon the receipt of the transfer so executed by the custodian, and upon being required by him so to do, register the shares, stock, or securities in the name of the custodian or other transferee, notwithstanding any regulation or stipulation 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, 5 & 6 GEO. 5, or securities transferred, but such registration shall be without prejudice to any lien or charge in favour of the company or other body or to any other lien or charge of which the custodian has notice. (2) If any question arises as to the existence or amount of any lien or charge the question may, on application being made for the purpose, be determined by the High Court or a judge thereof.

CAP. 105. Trading with the Enemy Amendment Act, 1916.

orders.

9. Where a vesting order has been made under section four of the Validity of Trading with the Enemy Amendment Act, 1914, or under this Act as vesting respects any property belonging to or held or managed for or on behalf of a person who appeared to the Court or Board making the Order to be an enemy or enemy subject, the order shall not nor shall any proceedings thereunder or in consequence thereof be invalidated or affected by reason only of such person having, prior to the date of the order, died or ceased to be an enemy or enemy subject or subsequently dying or ceasing to be an enemy or enemy subject, or by reason of its being subsequently ascertained that he was not an enemy or an enemy subject, as the case may be.

10—(1) Where on an application for the registration of a company it Power to appears to the Registrar of Joint Stock Companies that any subscriber to refuse registhe memorandum of association or any proposed director of the company is an enemy subject, he may refuse to register the company.

tration of companies in certain cases,

(2) No allotment or transfer of any share, stock, debenture, or other &c. security issued by a company made after the passing of this Act to or for the benefit of an enemy subject, shall, unless made with the consent of the Board of Trade, confer on the allottee or transferee any rights or remedies in respect thereof, and the company by whom the security was issued shall not take any cognisance of or otherwise act upon any notice of any such transfer except by leave of a court of competent jurisdiction or of the Board of Trade.

If any company contravenes the provisions of this section the company shall be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding one hundred pounds, and every director, manager, secretary, or other officer of the company who is knowingly a party to the default shall be liable on conviction to a fine for a like amount or to imprisonment, with or without hard labour, for a term not exceeding six months.

(3) Where the right of nominating or appointing a director of a company is vested in any enemy or enemy subject, the right shall not be exercisable except by leave of the Board of Trade, and any director nominated or appointed in exercise of such right shall, except as aforesaid, cease to hold office as director.

companies in

11. Where the Board of Trade certify that it appears to them that a Power of company registered in the United Kingdom is carrying on business either court to order directly or through an agent, branch, or subsidiary company outside the winding up of United Kingdom, and that in carrying on such business it has entered certain cirinto or done acts which if entered into or done in the United Kingdom cumstances. would constitute the offence of trading with the enemy, the Board of Trade may present a petition for the winding-up of the company by the court, and the issue of such a certificate shall be a ground on which the company may be wound up by the court, and the certificate shall, for the purposes of the petition, be evidence of the facts therein stated.

12. In subsection (2) of section five of the Trading with the Enemy Amendment Amendment Act, 1914, for the words "by whose order any property of 5 Geo. 5, belonging to an enemy was vested in the custodian under this Act or of c. 12, s. 5.

5 & 6 GEO 5, any court in which judgment has been recovered against an enemy" there CAP. 105. shall be substituted the word "thereof."

Trading with the Enemy Amendment

Act, 1916.

Fees payable

to custodian.

Mode of action by Board.

Definitions.

Short title and

13. For removing doubts, it is hereby declared that the custodian under the Trading with the Enemy Acts, 1914 and 1915, has and shall be deemed always to have had power to charge such fees in respect of his duties under that Act and this Act, whether by way of percentage or otherwise as the Treasury may fix, and such 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.

14.-All things required or authorised under the Trading with the Enemy Acts, 1914 and 1915, or this Act to be done by, to, or before the Board of Trade may be done by, to, or before the President or a Secretary or an Assistant Secretary of the Board of Trade, or any person authorised in that behalf by the President of the Board of Trade.

15. In this Act the expression "enemy subject" means a subject of a State for the time being at war with His Majesty, and includes a body corporate constituted according to the laws of such a State.

16. This Act may be cited as the Trading with the Enemy Amendconstruction. ment Act, 1916, and shall be construed as one with the Trading with the Enemy Acts, 1914 and 1915, and those Acts and this Act may be cited together as the Trading with the Enemy Acts, 1914 to 1916.

INDEX

OF CASES IN VOL. XXIV.