ACT of the British Parliament to amend the Enactments relating to Customs during the present War. [5 Geo. V, c. 31.] [March 16, 1915.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) Where any goods are prohibited either to be exported or carried coastwise, or any goods are prohibited to be exported to any named country or place, it shall not be lawful for any person to ship as stores on any vessel any of the goods to which the prohibition extends, except such quantity of any of those goods as may be allowed to be so shipped by the proper officer of Customs and Excise as being reasonably required to be shipped at the port of departure for use on board the vessel during the voyage on which it is about to depart. (2.) If any person ships as stores any goods, or brings any goods to any quay or other place with intent to ship the same as stores, in contravention of this section, the goods shall be forfeited, and he shall for each offence be liable to a penalty of 1001. 2. The power of the Commissioners of Customs and Excise under section 139 of "The Customs Consolidation Act, 1876," by order to require due entry and clearance before shipment, shall apply to goods intended for shipment as stores on any ship being goods subject to any prohibition or restriction outwards, as it applies to goods intended for exportation or carriage coastwise. 3. Where the master of any coasting ship has rendered himself liable to a penalty under section 6 of "The Customs and Inland Revenue Act, 1878," by departing without due clearance of his ship, the Commissioners of Customs and Excise may, for the purpose of enforcing the said penalty, require the deposit in the hands of the Collector of Customs and Excise at any port where the ship is found of such sum not exceeding 1007., as they think fit, and in default of payment of the sum so required to be deposited, the ship may be detained. 4. Where a licence to export any goods, being goods subject to any prohibition or restriction outwards, authorizes the exportation thereof to a particular person or place, or to a particular person at a particular place named in the licence, the name of the person or place, or both, as the case may be, shall be inserted in all invoices, bills of lading, manifests, and other documents relating to the goods, and if this requirement is not complied with as respects any document, the person by whom or on whose behalf the document is made out shall, if he is the exporter of the goods, be deemed to have exported the goods without a licence, and, if any other person, be liable to a penalty of 100. 5.*—(1.) Where in pursuance of any order made by the Commissioners of Customs and Excise under section 139 of "The Customs Consolidation Act, 1876," a person in the course of making entry before shipment makes a declaration as to the ultimate destination of any goods, then, unless security has been given by bond, the exporter shall, if so required by the Commissioners of Customs and Excise, produce evidence to their satisfaction that those goods have not reached a destination in any territory which, under any Proclamation issued by His Majesty dealing with trading with the enemy for the time being in force, is or is treated as enemy country, and if he fails to do so he shall be liable to a penalty of treble the value of the goods or 100l., at the election of the Commissioners, unless he proves that they have reached such destination without his consent or connivance, and that he took all reasonable steps to secure that the ultimate destination of the goods should be the destination mentioned in the declaration. (2.) If the Commissioners of Customs and Excise have reason to suspect that any such declaration as aforesaid is false in any material particular, the goods may be detained until the Commissioners are satisfied as to the truth of the declaration, and, failing such satisfaction, may be treated as if they were goods subject to a prohibition or restriction outwards. 6. Where the Commissioners of Customs and Excise have reason to suspect that the country of origin of any goods imported into the United Kingdom is an enemy country within the meaning of the last preceding section the goods may be seized as though they were goods enumerated and described in the table of prohibitions and restrictions inwards contained in section 42 of "The Customs Consolidation Act, 1876," and in any proceedings for the forfeiture and condemnation thereof, the country of origin of such goods shall be deemed to be such an enemy country unless the contrary is proved. 7.-(1.) This Act may be cited as "The Customs (War Powers) Act, 1915," and shall be construed together with "The Customs Consolidation Act, 1876," and any enactments amending that Act. (2.) This Act shall continue in force only during the continuance of the present war. * Amended by "The Customs (War Powers) (No. 2) Act, 1915." See page 6. Power extended by "The Customs (War Powers) (No. 2) Act, 1915." See page 6. ACT of the British Parliament to provide for the Extension of the Restrictions relating to Trading with the Enemy to Persons to whom, though not resident or carrying on Business in Enemy Territory, it is by reason of their Enemy Nationality or Enemy Associations expedient to extend such Restrictions. [5 & 6 Geo. V, c. 98.] [December 23, 1915.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1.-(1.) His Majesty may by Proclamation prohibit all persons or bodies of persons, incorporated or unincorporated, resident, carrying on business, or being in the United Kingdom from trading with any persons or bodies of persons not resident or carrying on business in enemy territory or in territory in the occupation of the enemy (other than persons or bodies of persons, incorporated or unincorporated, residing or carrying on business solely within His Majesty's dominions) wherever by reason of the enemy nationality or enemy association of such persons, or bodies of persons, incorporated or unincorporated, it appears to His Majesty expedient so to do, and if any person acts in contravention of any such Proclamation he shall be guilty of a misdemeanour triable and punishable in like manner as the offence of trading with the enemy. (2.) Any list of persons and bodies of persons, incorporated or unincorporated, with whom such trading is prohibited by a Proclamation under this Act may be varied or added to by an Order made by the Lords of the Council on the recommendation of a Secretary of State. (3.) The provisions of "The Trading with the Enemy Acts, 1914 and 1915," and "The Customs (War Powers) (No. 2) Act, 1915," and all other enactments relating to trading with the enemy, shall, subject to such exceptions and adaptations as may be prescribed by Order in Council, apply in respect of such persons and bodies of persons as aforesaid as if for references therein to trading with the enemy there were substituted references to trading with such persons and bodies of persons as aforesaid, and for references to enemies there were substituted references to such persons and bodies of persons as aforesaid, and for references to offences under "The Trading with the Enemy Acts, 1914 and 1915," or any of those Acts, there were substituted references to offences under this Act. (4.) For the purposes of this Act a person shall be deemed to have traded with a person or body of persons to whom a Proclamation issued under this Act applies, if he enters into any transaction or does any act with, to, on behalf of, or for the * Vol. CVIII, pages 44 and 57. + Page 19. Page 6. benefit of, such a person or body of persons which if entered into or done with, to, on behalf of, or for the benefit of, an enemy would be trading with the enemy. 2. This Act may be cited as "The Trading with the Enemy (Extension of Powers) Act, 1915." BRITISH ORDER IN COUNCIL prescribing the Rules and Tables of Fees to be observed and taken in Prize Proceedings ("The Prize Court Rules, 1914 ").-London, September 17, 1914. At the Court at Buckingham Palace, the 17th day of September, 1914. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by section 3 of the Prize Courts Act, 1894,* His Majesty in Council is authorized to make Rules of Court for regulating, subject to the provisions of "The Naval Prize Act, 1864," and the said Act, the procedure and practice of Prize Courts within the meaning of "The Naval Prize Act, 1864," and the duties and conduct of the officers thereof and of the practitioners therein, and for regulating the fees to be taken by the officers of the Courts, and the costs, charges, and expenses to be allowed to the practitioners therein; And whereas by section 5 of "The Naval Prize Act, 1864," it is provided that every appeal from a Prize Court within the meaning of that Act shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council; And whereas in pursuance of "The Prize Courts Act, 1894," certain Rules were made by Orders in Council dated the 18th day of July, 1898, and the 20th day of October, 1898; And whereas it is expedient that the Rules hereinafter set out should be made, and should be substituted for the Rules so made; And whereas the provisions of section 1 of "The Rules Publication Act, 1893," have been complied with; Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act or otherwise in him vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that the Rules hereinafter set forth shall * Vol. LXXXVI, page 80. + See "Hertslet's Commercial Treaties," Vol. XII, page 1038. as from the date on which they are expressed to come into operation* have effect and shall be substituted for the Rules made by the said Orders in Council dated the 18th day of July, 1898, and the 20th day of October, 1898, and the last-mentioned Rules are as from the same date hereby revoked. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL prescribing the Rules and Tables of Fees to be observed and taken in Prize Proceedings ("The Prize Court Rules, 1914").-London, August 5, 1914. At the Court at Buckingham Palace, the 5th day of August, 1914. PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by section 3 of "The Prize Courts Act, 1894,† His Majesty in Council is authorized to make Rules of Court for regulating, subject to the provisions of "The Naval Prize Act, 1864, and the said Act, the procedure and practice of Prize Courts within the meaning of The Naval Prize Act, 1864," and the duties and conduct of the officers thereof and of the practitioners therein, and for regulating the fees to be taken by the officers of the Courts, and the costs, charges, and expenses to be allowed to the practitioners therein; And whereas by section 5 of "The Naval Prize Act, 1864," it is provided that every appeal from a Prize Court within the meaning of that Act shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council; And whereas in pursuance of "The Prize Courts Act, 1894," certain Rules were made by Orders in Council dated the 18th day of July, 1898, and the 20th day of October, 1898; And whereas it is expedient that the rules hereinafter set out should be made, and should be substituted for the Rules so made; And whereas on account of urgency this Order should come into immediate operation: Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act or otherwise in him vested, is pleased by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: * Provisional effect was given to the Rules by Order in Council dated August 5, 1914. See page 58. + Vol. LXXXVI, page 80. See "Hertslet's Commercial Treaties," Vol. XII, page 1038. |