FSE
ewadivit
.mørgefeT ebol to noidslanutï
COPY.
.Y 9 0 0
Enclosure
C.O
22564
$28
IREL
REO 17 MAY 15
Trading with the Enery.
Note on the construction of the Proclamation of the
Jada to vıda1092..
..MOTI
•emošanoйTOL INFOD...
OT
1.
„PINI,1edodo) .BIƐ..
.ejaC
.dal biz nedad qəl halt totuutgeled toy
to somatismos or bigger ndiw bevon ja elcsogo¶,tedoĵo0
-ding to noidulovaib grido "q8:1 wel zaitsivo vāverie Bmoidoizt8oz
3 slɔiớĩa yú begintio don si 980ında.worto leionge end në qidere:-
N32 redmojqe2 20 noidaan lo019 to
« J'IOD "L3..
6th. August, 1914.
This note has had to be prepared at short notice on account of the urgency of the occasion and some of the views expressed may require modification on fuller consideration. Doubtless also other points not dealt with here will arise from time to time.
2.
General Considerations.
The following general considerations may help to clear the ground and explain the views expressed below.
3.
On many points the law is very uncertain and there is frequently an absence of authority on problems arising from modern conditions of commerce. Two examples will suffice. One relates to the position of persons who have dealings here with branches of firms with their head office in the German Empire, a most important matter in this Colony. The other relates to banking
operations.
4. In view of this uncertainty it is not desirable to attempt to
define the law too closely.
5. Two questions arise with regard to every case of trading with the enemy. One is whether the transaction is punishable criminally.
It appears.
however, that no case of any prosecution for such a misdemeanour can be found. Under these circumstances it would be
advisable not to try to stretch the law too much.
6. The other question is whether the civil remedies of the perties to contracts between alien enemies and persons in the British dominions are extinguished or suspended by the outbreak of hostilities. On this point also there is great uncertainty. To mention only one point among many, the question as to whether rent is due for tenancy during war on the part of the lessee in case the lessor becomes an alien enemy through the outbreak of war is not settled. On matters of this nature no executive pronouncement as to state of the law can be made. The question in