Power to
vest enemy property in Custodian: 5 Geo. 5. c. 12, s. 4.
Holding and
dealing with property by Custodian: 5 Geo. 5, c. 12, s. 5.
324
thereto as the Custodian may require, and if any person fails to do so 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.
(2.) Every company incorporated in the Colony and every company which, though not incorporated in the Colony, has a share transfer or share registration office in the Colony shall, within one month after the passing of this Ordinance, by notice in writing communicate to the Custodian full particulars of all shares, stock, debentures, and debenture stock and other obligations of the company which are held by or for the benefit of an enemy; and every partner of every firm, one or more partners of which on the commencement of the war became enemies or to which money had been lent for the purpose of the business of the firm by a person who so became au enemy, shall, within one month after the commencement of this Ordinance, by notice in writing communicate to the Custodian full parti- culars 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 be liable upou summary conviction to a fine not exceeding one thousand dollars, and in addition to a further fine not exceeding five hundred dollars 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 con- viction be liable to the like fine, and to imprisonment for any term not exceeding six months.
(3.) 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.
6.-(1.) The Supreme 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 eqnit- able, 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 onder vest in the Custodian any such real or personal property as aforesaid, if the court or the judge is satisfied that such vesting is eX- pedient for the purposes of this Ordinance, and may by the order confer on the Custodian such powers of selling, man- aging 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 Ordinance, 1901.
(4.) No application shall be made to the Supreme Court under this section without the permission of the Governor.
7-(1.) The Custodian shall, except so far as the Governor or the Supreme Court or a judge thereof way otherwise direct, and subject to the provisions of the next succeeding subsection, hold any money paid to and any property vested in him under this Ordinance until the termination of the present war, and shall thereafter deal with the same in such manuer as the Governor may direct.
(2.) The property held by the Custodian under this Ordinance shall not be liable to be attached or otherwise taken in execution, but the Custodian may in his discretion, if so authorised by an order of the Supreme Court or a
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