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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 3 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 4 of the Trading with the Enemy Amendment Act, 1914, or under this Act, the company or other body in whose books 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, script, or other document of title relating to the shares, stock, or securities transferred, but such registration shall be without prejudice to any lien or charge in favor 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.

9. Where a vesting order has been made under section 4 of the Trading with the Enemy Amendment Act, 1914, or under this Act as 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 appears to the Registrar of Joint-Stock Companies that any subscriber of the memorandum of association or any proposed director of the company is an enemy subject, he may refuse to register the company.

(2) No allotment or transfer of any share, stock, debenture, or other 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 cognizance 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 £100, 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 labor, 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.

11. Where the Board of Trade certify that it appears to them that a company registered in the United Kingdom is carrying on business either directly or through an agent, branch, or subsidiary company outside the United Kingdom, and that in carrying on such business it has entered into or done acts which if entered into or done in the United Kingdom would constitute the offense 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 5 of the Trading with the Enemy Amendment Act, 1914, for the words "by whose order any property belonging to an enemy was vested in the Custodian under this Act or of any court in which judgment has been reported against an enemy" there shall be substituted the word "thereof."

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 authorized 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 authorized 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 Amendment 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.

TRADING WITH THE ENEMY (EXTENSION OF POWERS) ACT,

1915

5 & 6 Geo. 5, c. 98

AN ACT TO PROVIDE FOR THE EXTENSION OF THE RESTRICTIONS RELATING TO TRADING WITH THE ENEMY TO PERSONS TO WHOM, THOUGH NOT RESIDENT OR CARRYING ON BUSINESS IN ENEMY TERRITORY, IT IS BY REASON OF THEIR ENEMY NATIONALITY OR ENEMY ASSOCIATIONS EXPEDIENT TO EXTEND SUCH RESTRICTIONS. (DECEMBER 23, 1915)

1. (1) His Majesty may by proclamation prohibit all persons or bodies of persons, incorporated or unincorporated, resident, carrying on business, or being in the United Kingdom from trading with any persons or bodies of persons not resident or carrying on business in enemy territory or in territory in the occupation of the enemy (other than persons or bodies of persons, incorporated or unincorporated, residing or carrying on business solely within His Majesty's dominions) wherever by reason of the enemy nationality or enemy association of such persons or bodies of persons, incorporated or unincorporated, it appears to His Majesty expedient so to do, and if any person acts in contravention of any such proclamation he shall be guilty of a misdemeanor triable and punishable in like manner as the offense of trading with the enemy.

(2) Any list of persons and bodies of persons, incorporated or unincorporated, with whom such trading is prohibited by a proclamation under this Act may be varied or added to by an order made by the Lords of the Council on the recommendation of a Secretary of State.

(3) The provisions of the Trading with the Enemy Acts, 1914 and

1915, and of the Customs (War Powers, No. 2) Act, 1915, and all other enactments relating to trading with the enemy, shall, subject to such exceptions and adaptations as may be prescribed by Order in Council, apply in respect of such persons and bodies of persons as aforesaid as if for reference therein to trading with the enemy there were substituted references to trading with such persons and bodies of persons as aforesaid, and for references to enemies there were substituted references to such persons and bodies of persons as aforesaid, and for references to offenses under the Trading with the Enemy Acts, 1914 and 1915, or any of those acts, there were substituted references to offenses under this Act.

(4) For the purposes of this Act a person shall be deemed to have traded with a person or body of persons to whom a proclamation issued under this Act applies, if he enters into any transaction or does any act with, to, on behalf of, or for the benefit of such a person or body of persons which if entered into or done with, to, on behalf of, or for the benefit of an enemy would be trading with the enemy.

2. This Act may be cited as the Trading with the Enemy (Extension of Powers) Act, 1915.

TRADING WITH THE ENEMY (COPYRIGHT) ACT, 1916

6 & 7 Geo. 5, c. 32

AN ACT TO MAKE PROVISION WITH RESPECT TO COPYRIGHT IN WORKS FIRST PUBLISHED OR MADE IN AN ENEMY COUNTRY DURING THE PRESENT WAR. (AUGUST 10, 1916)

Whereas doubts have arisen with respect to the existence of copyright in works first published or made in an enemy country during the present war, the copyright wherein would, had a state of war not existed, have vested in any person as the first owner thereof by virtue of the application to an enemy country of any Order in Council made under the Copyright Act, 1911, and it is expedient to make such provision as is hereinafter contained with respect to copyright in such works:

1. Copyright in all such works, whether first published or made after or before the passing of this Act, shall be deemed to vest or to have vested in the Public Trustee in his capacity as Custodian under the Trading with the Enemy Amendment Act, 1914; and the Public Trustee shall,

subject to regulations made by the Board of Trade, have all such powers rights, and remedies in relation to the work as such person as aforesaid would, had a state of war not existed, have had; and all copyrights so vested in the Public Trustee, and any money arising from the exercise of his rights as the owner of any such copyright, shall be dealt with by him in like manner as property vested in him under the Trading with the Enemy Amendment Act, 1914, and section 5 of that Act as amended by any subsequent enactment shall apply accordingly:

Provided, That where, before the passing of this Act, any person has taken any action whereby he has incurred expenditure or liability in connection with the reproduction or performance of any such work as aforesaid the Public Trustee shall, on application for the purpose being made within six months after the passing of this Act, grant to him a license to reproduce or perform the work on such terms and conditions as, in the opinion of the Public Trustee, are fair and reasonable.

2. This Act may be cited as the Trading with the Enemy (Copyright) Act, 1916, and shall be construed as one with the Trading with the Enemy Amendment Act, 1914.

TRADING WITH THE ENEMY AND EXPORT OF PROHIBITED GOODS ACT, 1916

6 & 7 Geo. 5, C. 52

AN ACT TO AMEND THE LAW RELATING TO TRADING WITH THE ENEMY AND THE EXPORT OF PROHIBITED GOODS. (DECEMBER 18, 1916)

1. If for the purpose of obtaining any license, authority, or approval for any transaction or matter under or in connection with any proclamation or act relating to trading with the enemy or for the purpose of obtaining a license to export any goods the exportation of which without a license is prohibited under any proclamation or order in or of council any person

(a) makes or presents any declaration or statement or representation which is false in any material particular; or

(b) produces a guaranty, certificate, or undertaking which is false in any material particular, or has not been given by the person by whom it purports to have been given, or which has been in any way altered or tampered with;

he shall be liable, on summary conviction, to a fine not exceeding £500,

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