599596-1939-Supplementary-Draft-Bill--Law-Revision — Page 78

SHORT TITLE.

1007

Schedule,-contd.

AMENDMENT OR REPEAL.

55. The Trading with the Enemy Ordin-

1914.

ance,

(No. 25 of 1914),

-contd.

(iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the commencement of the

war; or

(b) if he has done anything which, under the following provisions of this Ordinance, is to be treated as trading with the enemy:

Provided that a person shall not be deemed to have traded with the enemy by reason only that he has—

(i) done anything under an authority given generally or specially by, or by any person authorized in that behalf by, the Governor; or

(i) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had been performed before the commence- ment of the war by reason of which the person from whom the payment was

received became an enemy.

(4) Any reference in this section to an enemy shall be construed as including a reference to a person acting on behalf of

an enemy.

(5) No prosecution for an offence of Consent of trading with the enemy shall be instituted Attorney except by, or with the consent of, the General. Attorney General :

Provided that this sub-section shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of a prosecution for the offence has not been obtained.

5.-(1) Purchasing enemy currency shall Purchase be treated as trading with the enemy.

(2) In this section enemy currency means any such notes or coins as circulate as currency in any area under the sovereignty of a Power with whom His Majesty is at war, not being an area in the occupation of His Majesty or of a Power allied with His Majesty, or any such other notes or coins as are for the time being declared by an order of the Governor to be enemy currency.

of enemy currency.

and choses

6.—(1) No assignment of a chose in Transfer of action made by or on behalf of an enemy negotiable shall, except with the sanction of the instruments Governor, be effective so as to confer on in action by any person any rights or remedies in enemies. respect of the chose in action; and neither a transfer of a negotiable instrument by or on behalf of all enemy, nor any subsequent transfer thereof, shall, except with the sanction of the Governor, be effective so as to confer any rights or