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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 imprisonment
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 property
as aforesaid, if the court or the judge is satisfied
that such vesting is expediert for the purposes
of this Act, and may by the Order confer on the Custodian
such powers of selling, managing and otherwise
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 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 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,
