in British, allied or neutral territory, not being neutral territory in Europe, transactions by or with such branch shall not be treated as transactions by or with an enemy.

7. Nothing in this Proclamation shall be deemed to prohibit payments by or on account of enemies to persons resident, carrying on business or being in Our Dominions, if such payments arise out of transactions entered into before the outbreak of War or otherwise permitted.

8. Nothing in this Proclamation shall be taken to prohibit anything which shall be expressly permitted by Our License, or by the license. given on our behalf by a Secretary of State, or the Board of Trade, whether such licenses be especially granted to individuals or be announced as applying to classes of persons.

9. This Proclamation shall be called the Trading with the Enemy Proclamation No. 2.

PROCLAMATION RELATING TO TRADING WITH THE ENEMY. (SEPTEMBER 14, 1915)

[1915, No. 903]

Whereas doubts have arisen as respects the position, under the Proclamations for the time being in force relating to Trading with the Enemy, of incorporated companies or bodies of persons which, though not incorporated in any enemy country or in territory in hostile occupation, carry on business in any such country or territory:

And whereas it is expedient that the position of those companies or bodies for the purposes of those Proclamations should be defined:

Now, therefore, We have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation, declaring, and it is hereby declared, as follows:

For the purposes of the Proclamations for the time being in force relating to Trading with the Enemy, the expression "enemy," notwithstanding anything in the said "Proclamations," is hereby declared to include, and to have included, any incorporated company or body of persons (wherever incorporated) carrying on business in an enemy country or in any territory for the time being in hostile occupation.

TRADING WITH THE ENEMY ACT, 1914

4 & 5 Geo. 5, c. 87

AN ACT TO MAKE PROVISION WITH RESPECT TO PENALTIES FOR TRADING WITH THE ENEMY, AND OTHER PURPOSES CONNECTED THEREWITH. (SEPTEMBER 18, 1914)

1. (1) Any person who during the present war trades or has, since the 4th day of August, 1914, traded with the enemy within the meaning of this Act shall be guilty of a misdemeanor, and shall

(a) On conviction under the Summary Jurisdiction Acts, be liable to imprisonment with or without hard labor for a term not exceeding 12 months, or to a fine not exceeding £500, or to both such imprisonment and fine; or

(b) On conviction on indictment, be liable to penal servitude for a term not exceeding seven or less than three years or to imprisonment with or without hard labor for a term not exceeding two years, or to a fine, or to both such penal servitude or imprisonment and fine.

And the court may in any case order that any goods or money, in respect of which the offense has been committed, be forfeited.

(2) For the purposes of this Act a person shall be deemed to have traded with the enemy if he has entered into any transaction or done any act which was, at the time of such transaction or act, prohibited by or under any proclamation issued by His Majesty dealing with trading with the enemy for the time being in force, or which at common law or by statute constitutes an offense of trading with the enemy: Provided, That any transaction or act permitted by or under any such proclamation shall not be deemed to be trading with the enemy.

(3) Where a company has entered into a transaction or has done any act which is an offense under this section, every director, manager, secretary, or other officer of the company who is knowingly a party to the transaction or act shall also be deemed guilty of the offense.

(4) A prosecution for an offense under this section shall not be instituted except by or with the consent of the Attorney-General: Provided, That the person charged with such an offense may be arrested and a warrant for his arrest may be issued and executed, and such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney-General to the institution of the prosecution for the offense has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

(5) Where an act constitutes an offense both under this Act and under any other act, or both under this Act and at common law, the offender shall be liable to be prosecuted and punished under either this Act or such other act, or under this Act or at common law, but shall not be liable to be punished twice for the same offense.

2. (1) If a justice of the peace is satisfied, on information on oath laid on behalf of a Secretary of State or the Board of Trade, that there is reasonable ground for suspecting that an offense under this Act has been or is about to be committed by any person, firm, or company, he may issue a warrant authorizing any person appointed by a Secretary of State or the Board of Trade and named in the warrant to inspect all books or documents belonging to or under the control of that person, firm, or company, and to require any person able to give any information with respect to the business or trade of that person, firm, or company to give that information, and if accompanied by a constable to enter and search any premises used in connection with the business or trade, and to seize any such books or documents as aforesaid: Provided, That when it appears to a Secretary of State or the Board of Trade that the case is one of great emergency and that in the interests of the State immediate action is necessary, a Secretary of State or the Board of Trade may, by written order, give to a person appointed by him or them the like authority as may be given by a warrant of a justice under this subsection.

(2) Where it appears to the Board of Trade

(a) In the case of a firm, that one of the partners in the firm was immediately before or at any time since the commencement of the present war a subject of, or resident or carrying on business in, a State for the time being at war with His Majesty; or

(b) In the case of a company that one-third or more of the issued share capital or of the directorate of the company immediately before or at any time since the commencement of the present war was held by or on behalf of or consisted of persons who were subjects of, or resident or carrying on business in, a State for the time being at war with His Majesty; or

(c) (As amended by 5 Geo. 5, c. 12, section 12.) In the case of a person, firm, or company, that the person was or is, or the firm or company were or are, acting as agent for any person, firm, or company resident or carrying on business in a State for the time being at war with His Majesty.

The Board of Trade may, if they think it expedient for the purpose of satisfying themselves that the person, firm, or company are not trading with the enemy, by written order, give to a person appointed by them,

without any warrant from a justice, authority to inspect all books and documents belonging to or under the control of the person, firm, or company, and to require any person able to give information with respect to the business or trade of that person, firm, or company to give that information.

For the purposes of this subsection, any person authorized in that behalf by the Board of Trade may inspect the register of members of a company at any time, and any shares in a company for which share warrants to bearer have been issued shall not be reckoned as part of the issued share capital of the company.

(3) If any person having the custody of any book or document which a person is authorized to inspect under this section refuses or willfully neglects to produce it for inspection, or if any person who is able to give any information which may be required to be given under this section refuses or willfully neglects when required to give that information, that person shall on conviction under the Summary Jurisdiction Acts be liable to imprisonment with or without hard labor for a term not exceeding six months, or to a fine not exceeding £50, or to both such imprisonment and fine.

3. Where it appears to the Board of Trade in reference to any firm or company

(a) That an offense under this Act has been or is likely to be commited in connection with the trade or business thereof; or

(b) That the control or management thereof has been or is likely to be so affected by the state of war as to prejudice the effective continuance of its trade or business, and that it is in the public interest that the trade or business should continue to be carried on;

The Board of Trade may apply to the High Court for the appointment of a controller of the firm or company, and the High Court shall have power to appoint such a controller, for such time and subject to such conditions, and with such powers as the court thinks fit, and the powers so conferred shall be either those of a receiver and manager or those powers subject to such modifications, restrictions, or extensions as the court thinks fit (including, if the court considers it necessary or expedient for enabling the controller to borrow money, power, after a special application to the court for that purpose, to create charges on the property of the firm or company in priority to existing charges).

The court shall have power to direct how and by whom the costs of any proceedings under this section, and the remuneration, charges, and expenses of the controller, shall be borne, and shall have power, if it thinks fit, to charge such costs, charges, and expenses on the property of the firm

or company in such order of priority, in relation to any existing charges thereon, as it thinks fit.

4. (1) This Act may be cited as the Trading with the Enemy Act, 1914. (2) In this Act the expression "Attorney-General" means the Attorney or Solicitor-General for England, and as respects Scotland means the Lord Advocate, and as respects Ireland means the Attorney or SolicitorGeneral for Ireland.

(3) In the application of this Act to Scotland the Secretary for Scotland shall be substituted for a Secretary of State, and the Court of Session shall be substituted for the High Court; the court exercising summary jurisdiction shall be the Sheriff Court; references to a justice of the peace shall include references to the sheriff and to a burgh magistrate; and references to a receiver and manager shall be construed as references to a judicial factor.

(4) In the application of this Act to Ireland the Lord Lieutenant shall be substituted for a Secretary of State.

(5) Anything authorized under this Act to be done by the Board of Trade may be done by the President or a Secretary or Assistant Secretary of the Board, or any person authorized in that behalf by the President of the Board.

TRADING WITH THE ENEMY AMENDMENT ACT, 1914

5 Geo. 5, c. 12

AN ACT TO AMEND THE TRADING WITH THE ENEMY ACT, 1914, AND FOR PURPOSES CONNECTED THEREWITH (NOVEMBER 27, 1914)

Whereas it is expedient to make further provision for preventing the payment of money to persons and bodies of persons resident or carrying on business in any country with which His Majesty is for the time being at war, which persons and bodies of persons are hereinafter referred to as "enemies," in contravention of the law relating to trading with the enemy, and for preserving, with a view to arrangements to be made at the conclusion of peace, such money and certain other property belonging to enemies; and to make other provisions for preventing trading with the enemy:

1. (1) The Board of Trade shall appoint a person to act as Custodian of Enemy Property (hereinafter referred to as "the Custodian") for