shall thereafter deal with the same in such manner as His Majesty may by Order in Council direct.

(2.) The property held by the Custodian under this Act shall not be liable to be attached or taken in execution, but the Custodian may, if so authorized by an order of the High Court or a Judge 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 recovered against an enemy, pay out of the property paid to him in respect of that enemy the whole or any part of any debts due by that enemy and specified in the order:

Provided that before paying any such debt the Custodian shall take into consideration the sufficiency of the property paid to or vested in him in respect of the enemy in question to satisfy that debt and any other claims against that enemy of which notice verified by statutory declaration may have been served upon him.

(3.) The receipt of the Custodian or any person duly authorized to sign receipts on his behalf for any sum paid to him under this Act shall be a good discharge to the person paying the same as against the person or body of persons in respect of whom the sum was paid to the Custodian.

(4.) The Custodian shall keep a register of all property held by him under this Act, which register shall be open to public inspection at all reasonable times free of charge.

(5.) In England and Ireland the Lord Chancellor and the Lord Chancellor for Ireland, may by rules, and in Scotland the Court of Session may by act of sederunt, make provision for the practice and procedure to be adopted for the purposes of this and the last preceding section.

6.-(1.) No person shall by virtue of any assignment of any debt or other chose in action, or delivery of any coupon or other security transferable by delivery, or transfer of any other obligation, made or to be made in his favour by or on behalf of an enemy, whether for valuable consideration or otherwise, have any rights or remedies against the person liable to pay, discharge or satisfy the debt, chose in action, security or obligation, unless he proves that the assignment, delivery, or transfer was made by leave of the Board of Trade, or was made before the commencement of the present war, and any person who knowingly pays, discharges, or satisfies any debt, or chose in action, to which this sub-section applies, shall be deemed to he guilty of the offence of trading with the enemy within the meaning of the principal Act:

Provided that this sub-section shall not apply where the person to whom the assignment, delivery, or transfer was made, or some person deriving title under him, proves that the transfer, delivery, or assignment or some subsequent transfer, delivery, or assignment was made before the 19th day of November, 1914, in good faith and for valuable consideration, nor shall this sub-section apply to any bill of exchange or promissory note.

(2.) No person shall by virtue of any transfer of a bill of exchange or promissory note made or to be made in his favour by or on behalf of an enemy, whether for valuable consideration or otherwise, have any rights or remedies against any party to the instrument unless he proves that the transfer was made before the commencement of the present war, and any party to the instrument who knowingly discharges the instrument shall be deemed to be guilty of trading with the enemy within the meaning of the principal Act:

Provided that this sub-section shall not apply where the transferee, or some subsequent holder of the instrument, proves that the transfer, or some subsequent transfer, of the instrument was made before the 19th day of November, 1914, in good faith and for valuable consideration.

(3.) Nothing in this section shall be construed as validating any assignment, delivery, or transfer which would be invalid apart from this section or as applying to securities within the meaning of section 8 of this Act.

7. Where during the continuance of the present war any coupon or other security transferable by delivery is presented for payment to any company, municipal authority, or other body, or person, and the company, body, or person has reason to suspect that it is so presented on behalf or for the benefit of an enemy, or that since the commencement of the present war it has been held by or for the benefit of an enemy, the company, body, or person may pay the sum due in respect thereof into the High Court, and the same shall, subject to rules of Court, be dealt with according to the orders of the Court, and such a payment shall for all purposes be a good discharge to the company, body, or person.

8.-(1.) No transfer made after the passing of this Act by or on behalf of an enemy of any securities shall confer on the transferee any rights or remedies in respect thereof, and no company or municipal authority or other body by whom the securities were issued or are managed shall, except as hereinafter appears, take any cognizance of or otherwise act upon any notice of such a transfer.

(2.) No entry shall hereafter, during the continuance of the present war, be made in any register or branch register or other book kept in the United Kingdom of any transfer of any securities therein registered, inscribed, or standing in the name of an enemy, except by leave of a Court of competent jurisdiction or of the Board of Trade.

(3.) No share warrants payable to bearer shall be issued during the continuance of the present war in respect of any shares or stock registered in the name of any enemy.

(4.) If any company or any body contravenes the provisions of this section the company or body shall be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding 1007., and every director, manager, secretary or other officer of the company or body who is knowingly a party to the default,

shall be liable on the like conviction to a like fine or to imprisonment, with or without hard labour, for a term not exceeding 6 months.

(5.) For the purposes of this section the expression. "securities" means any annuities, stock, shares, debentures, or debenture stock issued by or on behalf of the Government or by any municipal or other authority, or by any company or by any other body which are registered or inscribed in any register, branch register, or other book kept in the United Kingdom.

9.-(1.) During the continuance of the present war a certificate of incorporation of a company shall not be given by the Registrar of Joint-stock Companies until there has been filed with him either

(a.) A statutory declaration by a solicitor of the Supreme Court, or, in Scotland, by an enrolled law agent, engaged in the formation of the company, that the company is not formed for the purpose or with the intention of acquiring the whole or any part of the undertaking of a person, firm, or company the books and documents of which are liable to inspection under subsection (2) of section 2 of the principal Act; or

(b.) A licence from the Board of Trade authorizing the acquisition by the company of such an undertaking.

(2.) Where such a statutory declaration has been filed it shall not be lawful for the company, during the continuance of the present war, without the licence of the Board of Trade, to acquire the whole or any part of any such undertaking, and if it does so the company shall, without prejudice to any other liability, be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding 1007., and every director, manager, secretary, or other officer of the company who is knowingly a party to the default shall on the like conviction be liable to the like fine or to imprisonment, with or without hard labour, for a term not exceeding six months.

10.-(1.) Section 1 of the principal Act shall apply to a person who during the present war attempts, or directly or indirectly offers or proposes or agrees, or has since the 4th day of August, 1914, attempted or directly or indirectly offered or proposed or agreed, to trade with the enemy within the meaning of that Act in like manner as it applies to a person who so trades or has so traded.

(2.) If any person without lawful authority in any wise aids or abets any other person, whether or not such other person is in the United Kingdom, to enter into, negotiate, or complete any transaction or do any act which, if effected or done in the United Kingdom by such other person, would constitute an offence of trading with the enemy within the meaning of the principal Act, he shall be deemed to be guilty of such an offence.

(3.) If any person without lawful authority deals or attempts, or offers, proposes, or agrees, whether directly or

indirectly, to deal with any money or security for money or other property which is in his hands or over which he has any claim or control for the purpose of enabling an enemy to obtain money or credit thereon or thereby he shall be deemed to be guilty of the offence of trading with the enemy within the meaning of the principal Act.

11.-(1.) In addition to the grounds on which an application can be made to the Court by the Board of Trade to appoint a controller under section 3 of the principal Act, such an application may be made in any case in which the Board think it is expedient in the public interest that a controller should be appointed owing to circumstances or considerations arising out of the present war, and that section shall be construed accordingly.

(2.) Section 3 of the principal Act, as amended by this section, shall extend so as to enable a controller to be appointed of a business carried on by a person in like manner as it applies to the appointment of a controller of a business carried on by a firm.

12.—(1.) Where, on the report of an inspector appointed to inspect the books and documents of a person, firm, or company under section 2 of the principal Act, it appears to the Board of Trade that it is expedient that the business should be subject to frequent inspection or constant supervision, the Board of Trade may appoint that inspector or some other person to supervise the business with such powers as the Board of Trade may determine, and any remuneration payable and expenses incurred, whether for the original inspection or the subsequent supervision to such amount as may be fixed by the Board of Trade, shall be paid by the said person, firm, or company.

(2.) Paragraph (c) of sub-section (2) of section 2 of the principal Act shall have effect and shall be deemed always to have had effect as if for the word "trading" there were substituted the word "resident."

13. Where a person has given any information to a person appointed to inspect the books and documents of a person, firm, or company under section 2 of the principal Act, the information so given may be used in evidence against him in any proceedings relating to offences of trading with the enemy within the meaning of the principal Act, notwithstanding that he only gave the information on being required so to do by the inspector, in pursuance of his powers under the said section.

14.-(1.) This Act may be cited as "The Trading with the Enemy Amendment Act, 1914," and shall be construed as one with the principal Act.

(2.) No person or body of persons shall, for the purposes of this Act, be treated as an enemy who would not be so treated for the purpose of any proclamation issued by His Majesty dealing with trading with the enemy for the time being in force, and the expression commencement of the present war

shall mean as respects any enemy the date on which war was declared by His Majesty on the country in which that enemy resides or carries on business.

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(3.) In the application of this Act to Scotland, "real property" shall mean "heritable property"; personal property" shall mean "movable property "chose in action" shall mean "right of action"; "attached or otherwise taken in execution" shall mean "arrested in execution or in security, or otherwise affected by diligence"; "assignment" shall mean "assignation"; judgment has been recovered" shall mean "decree has been obtained"; a reference to a vesting order made under "The Trustee Act, 1893," shall be construed as a reference to a warrant to complete a title granted under section 12 of "The Trusts (Scotland) Act, 1867," and any money paid into the Court of Session in terms of this Act shall be paid in such manner as may be prescribed by Act of sederunt.

(4.) Nothing in this Act shall be construed as limiting the power of His Majesty by proclamation to prohibit any transaction which is not prohibited by this Act, or by licence to permit any transaction which is so prohibited.

BRITISH NOTIFICATION relative to Government Control of Wireless Telegraphy.-London, August 1, 1914.*

IN pursuance of regulation 5 of "The Wireless Telegraphy (Foreign Ships) Regulations, 1908," I, the Right Honourable Charles Edward Henry Hobhouse, His Majesty's PostmasterGeneral, do hereby give notice that in the opinion of the Right Honourable Reginald McKenna, one of His Majesty's Principal Secretaries of State, an emergency has arisen in which it is expedient for the public service that His Majesty's Government. should have control over the transmission of messages by wireless telegraphy, and that the use of wireless telegraphy on board foreign ships whilst in the territorial waters of the British Isles will be subject to such rules as may be made by the Admiralty. Dated the 1st day of August, 1914.

[1914. cvIII.]

"London Gazette," August 2, 1914.

† Vol. CVI, page 967.

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