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(2.) Where before the passing of this Ordinance any such sum has been paid into any account with a bank, or has been paid to any other person in trust for an enemy, the person,
firm or company by whom the payment was made shall, within fourteen days after the passing of this Ordinance, by notice in writing, require the bank or per- Son to pay the sum over to the Custodian to hold as aforesaid, and shall furnish the Custodian with such particulars as aforesaid. The bank or other person shall, within one week after the receipt of the notice, comply with the requirement and shall be exempt from all liability for having done so.
(3.) If any person fails to make or require the making of any payment or to furnish the prescribed particulars within the time mentioned in this section, he shall be liable upon summary conviction to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding six months, and in addition to a further fine not exceeding five hundred dollars for every day during which the default continues, and every director, manager, secretary or officer of a company, or any other person who is knowingly a party to the default shall, on the like conviction, be liable to the like penalty.
(4.) If, in the case of any person, firm or company whose books and documents are liable to inspection under section 3 of the Principal Ordinance, any question arises as to the amount which would have been so payable and paid as aforesaid, the question shall be determined by the person who may have been or who may be appointed to inspect the books and documents of the person, firm or company, or, on appeal, by the Governor, and if, in the course of deter- mining the question, it appears to the inspector or the Governor that the person, firm or company has not distri- buted as dividends, interest or profits the whole of the amount properly available for that purpose, the inspector or Governor may ascertain what amount was so available and require the whole of such amount to be so distributed, and, in the case of a company, if such dividends have not been declared, the inspector or the Governor may himself declare the appropriate dividends, and every such declaration shall be as effective as a declaration to the like effect duly made in accordance with the constitution of the company.
Provided that where a supervisor has been appointed under section 7 of the Trading with the Enemy Amendment Ordinance, 1915, this subsection shall apply as if for refer- ences to the inspector there were substituted references to the supervisor.
(5.) For the purposes of this Act the expression “divi- dends, interest or share of profits means any dividends, bonns or interest in respect of any shares, stock, debentures, debenture stock or other obligations of any company, any interest in respect of any loan to a firm or person carrying on business for the purposes of that business, and any profits or share of profits of such a business, and, where a person is carrying on any business on behalf of an enemy. any sum which, had a state of war not existed, would have been transmissible by a person to the enemy by way of profits from that business shall be deemed to be a sum which would have been payable and paid to that enemy.
(6.) It shall be lawful for the Governor to exempt any liquidator appointed under the provisions of the Alien Enemies (Winding up) Ordinance, 1914, or any other person, from the operation of this section, either in whole or part and either permanently or temporarily, and to with- draw in whole or part any exemption so granted,
5.-(1.) Any person who holds or manages for or on Duty of behalf of an enemy any property, real or personal (includ- trustees for
enemies to ing any rights, whether legal or equitable, in or arising out
notify the of property, real or personal), shall, within one month after Custodian : the passing of this Ordinance or if the property comes into 5 Geo. 5, c. his possession or under his control after the passing of this 12, s. 3. Ordinance, then within one month after the time when it comes into his possession or under his control, by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such particulars in relation