Der Wirtschaftskrieg

Bibliographic data

Monograph

Identifikator:: 1024656551

URN:: urn:nbn:de:zbw-retromon-49829

Document type:: Monograph

Title:: Der Wirtschaftskrieg

Edition:: Zweite, nach dem Stande vom 31. Juli 1915 ergänzte Auflage

Place of publication:: Wien

Publisher:: Verlag der Niederösterreichischen Handels- und Gewerbekammer

Year of publication:: 1915

Scope:: 1 Online-Ressource (II, 171, V Seiten)

Digitisation:: 2018

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: XI. Britisches Reich

Collection:: Economics Books

88 shall, within one month aster the passing of this Act, by notice in writing communicate to the Custodian full particulars of all shares, stock, debentures, and debenture stock and other Obligation» of the Company which are held by or for the benefit of anenemy; and every partner of every firm, one or more partners of which on tbe commencement of thewarbeeame enemies or to which money had been lent for the' purpose of the busin ess of the firm by a person who so became an enemy, shall, within one month aster the commencement of this Act, by notice in writing communicate to the Custodian full particulars as to any share of profits and Interest due to such enemies or enemy, and, if any Company or partner fails to comply with the provisions of this subsection, the Company shall, on conyiction under the Summary Jurisdiction Acts, be liable to a fine not exceeding one hundred pounds, and in addition to a further fine not exceeding fifty pounds for every day during which the default continues, and the partner and every director, manager, secretary or 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 with out hard labour, for a term not exceeding six months, or to both such imprison ment and fine. 4. Power tovest enemy property in Custodian. (1) The High Court or a judge thereof may, on the application of any person who appears to the court to be a creditor of an enemy or entitled to recover damages against an enemy, or to be interested in 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 on behalf of an enemy, or on the application of the Custodian or any Government Department, by Order vest in the Custodian any such real or personal pro perty as aforesaid, if the court or the judge is satis- fied that such vesting is expediert for the purposes of this Act, and may by the Order confer on the Cu stodian such powers of selling, managing and other- wise dealing with the property as to the court or judge may seem proper. (2) The court or judge before making any order under this section may direct that such notices (if any), whether by way of advertisement or otherwise, shall be given as the court or judge may think fit. (3) 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 under the Trustee Act, 1893. 5. Holding and dealing with property by Custodian. (1) The Custodian shall, except so far as the Board of Trade or the High Court or a judge thereof may otherwise direct, and subject to the provisions of the next succeeding subsection, hold any money paid to and any property vested in bim under this Act until the termination of the present war, and shal 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 otherwise taken in execution, but the Custodian may, if so authorised 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 bas 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 betöre 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 authorised to sign receipts on his behalf for any sum paid to him under this Act shall be a good dis- charge 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 aregister of all property held by him under this Act which register shall be open to public inspection at all reasonable times free of Charge. 6. Invalidity of assignment of debts^ &c., by enemies. (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 subsection applies, shall be deemed to be guilty of the offence of trading with the enemy within the meaning of the principal Act: Provided that this subsection 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 nineteenth day of November, nineteen hundred and fourteen, in good faith and for valuable consideration nor shall this subsection 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,

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