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company by whom the business is carried on is not carrying on the business on behalf of or for the benefit of enemy subjects, or in any way under enemy control, and if they are not satisfied by such evidence the Board may make an order requiring the business to be wound up as though it were a business to which section 1 of the Principal Act applies.

12.-(1.) Where, whether before or after the passing of this Act, an order has been made either by the Court or by the Board of Trade under "The Trading with the Enemy Acts, 1914 to 1916," vesting any property in the custodian, and any person claims a lien or charge thereon, the High Court or a judge thereof may, upon a summary application being made for the purpose, and either with or without the consent of the claimant, direct such account and enquiries as may be necessary for the purpose of determining the extent or amount of such lien or charge, and may order a sale of the property free from such lien or charge, and the payment of any moneys arising from such sale or otherwise in respect of the property in or towards discharge of the amount of lien or charge.

(2.) Any such application shall be served on such parties as the Court or judge may direct, and may in any case be made either by the claimant or by the custodian or any Government Department, and also if the property, subject to the lien or charge, is property belonging to an enemy by any person who may appear to the Court to be interested. including a person having under competent authority the control or supervision of any business of whose assets the lien or charge forms part.

(3.) Where any property to which section 4 of "The Trading with the Enemy Amendment Act, 1914,"* applies is subject to a lien or charge, an application under that section for an order vesting the property in the custodian may be made by any person by whom an application under the foregoing provisions of this section may be made.

13. In this Act—

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The expression enemy-controlled corporation" means any corporation

(a.) Where the majority of the directors or the persons occupying the position of directors, by whatever name called, are subjects of an enemy State;

or

(b.) Where it appears to the Board of Trade that the majority of the voting power or shares is in the hands of persons who are subjects of an enemy State, or who exercise their voting powers or hold the shares directly or indirectly on behalf of persons who are subjects of an enemy State; or

* Vol. CVIII, page 57.

(c.) Where the control is by any means whatever in the hands of persons who are subjects of an enemy State; or

(d.) Where the executive is an enemy-controlled corporation or where the majority of the executive are appointed by an enemy-controlled corporation :

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The expression enemy State which His Majesty is now at war.

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means a State with

14. This Act may be cited as "The Trading with the Enemy (Amendment) Act, 1918," and shall be construed as one with The Trading with the Enemy Acts, 1914 to 1916," and those Acts and this Act may be cited together as The Trading with the Enemy Acts, 1914 to 1918.'

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66

SCHEDULE.

Modifications of The Companies (Cons lidation) Act, 1908," as applied to the winding-up of Companies under Orders by the Board of Trade. [Not printed.]

BRITISH ORDER IN COUNCIL applying Section 1 of "The Marriage of British Subjects (Facilities) Act, 1915," to the Protectorate of Southern Rhodesia.London, August 15, 1918.

At the Court at Buckingham Palace, the 15th day of August,

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WHEREAS by section 1 of "The Marriage of British Subjects (Facilities) Act, 1915,"* it is (amongst other things) enacted as follows:

Where His Majesty is satisfied that the law in force in any part of His Majesty's Dominions outside the United Kingdom makes due provision for the publication of banns or for the giving of notice in respect of marriages between British subjects intended to be solemnised or contracted in the United Kingdom, and for the recognition of certificates for marriage issued by Superintendent Registrars in England, and of certificates for marriage issued by Registrars, and certificates Vol. CIX, page 4,

of proclamation of banns, in Scotland, and of certificates for marriage issued by Registrars in Ireland, as sufficient notice in respect of marriages between British subjects intended to be solemnised or contracted in that part of His Majesty's Dominions, His Majesty may, by Order in Council, declare that this section shall apply to that part of his Dominions, and in such case:

(a.) Where a marriage is intended to be solemnised or contracted in the United Kingdom between a British subject resident in England, Scotland, or Ireland, and a British subject resident in that part of His Majesty's Dominions, a certificate of notice of marriage issued in accordance with such law shall in England have the same effect as a certificate for marriage issued by a Superintendent Registrar, and in Scotland and Ireland have the same effect as a certificate for marriage issued by a Registrar in Scotland and Ireland respectively; and

(b.) Where a marriage is intended to be solemnised or contracted in that part of His Majesty's Dominions between a British subject resident in that part and a British subject resident in England, Scotland, or Ireland, a certificate for marriage may be issued in England by a Superintendent Registrar, or in Scotland or Ireland by a Registrar, in the like manner as if the marriage was to be solemnised or contracted under circumstances requiring the issue of such a certificate, and as if both such British subjects were resident in England, Scotland, or Ireland, as the case may be;

And whereas by section 2 of the said Act it is enacted that His Majesty may, by Order in Council, extend the said Act to any British Protectorate, and on the making of any such Order the said Act shall, subject to the provisions of the Order, have effect as if the Protectorate were part of His Majesty's Dominions;

And whereas His Majesty is satisfied that due provision is made in respect of all the matters referred to in the hereinbefore recited section 1 of the said Act by the law in force in Southern Rhodesia :

Now, therefore, His Majesty, by virtue and in exercise of the powers by the above-recited Act in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:

Section 1 of "The Marriage of British Subjects (Facilities) Act, 1915," shall apply to Southern Rhodesia.

And the Right Honourable Walter Hume Long, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

ALMERIC FITZROY.
RIC

BRITISH ORDER IN COUNCIL under "The Military Service (Conventions with Allied States) Act, 1917," signifying that a Convention, dated June 3, 1918, has been made with the United States of America.London, September 4, 1918.*

At the Court at Buckingham Palace, the 4th day of
September, 1918.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by "The Military Service (Conventions with Allied States) Act, 1917," it is provided that His Majesty may by Order in Council, signifying that a Convention has been made with a country allied to or otherwise acting in naval or military co-operation with His Majesty in the present war (hereinafter referred to as an allied country) which imposes a mutual liability to military service on British subjects in that country and subjects of that country in the United Kingdom, direct that the said Act shall have effect with respect to that allied country and the subjects of that allied country, but that no such Order in Council shall be made unless the following conditions are fulfilled, that is to say:

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(a.) Unless the Convention secures to His Majesty's Ambassador or other public Minister in the allied country power to grant to British subjects in that country exemption from military service.

(b.) Unless the Convention contains provisions to the effect that British subjects in the allied country and subjects of the allied country in the United Kingdom shall before being liable to military service have an opportunity if they make an application for the purpose of returning to the United Kingdom or the allied country, as the case may be;

and it is further provided that no such Order in Council shall be made until the expiration of 30 days from the date on which the convention is laid before Parliament;

And whereas a Convention dated the 3rd day of June, 1918, has been concluded between His Majesty and the President of the United States of America respecting the liability to military service of British subjects in the United States of America and citizens of the United States of America in Great Britain and was ratified and came into "London Gazette," September 6, 1918. + Page 569.

+ Page 44.

operation on the 30th day of July, 1918, and the said Agreement complies with the conditions aforesaid;

And whereas the said Agreement was laid before Parliament on the said 30th day of July:

Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, to signify, and it is hereby signified, that such a Convention as is mentioned in the said Act has been made with the United States of America, and His Majesty is further pleased, by and with the like advice, to direct, and it is hereby directed, that the said Act shall have effect with respect to the United States of America and citizens thereof.

ALMERIC FITZROY.

BRITISH ORDER IN COUNCIL applying Section 1 of "The Marriage of British Subjects (Facilities) Act, 1915," to the Colony of Fiji.-London, September 27, 1918.*

At the Court at Buckingham Palace, the 27th day of

September, 1918.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord President.

Lord Steward.

Lord Chamberlain.
Lord Southborough.

WHEREAS by section 1 of "The Marriage of British Subjects (Facilities) Act, 1915, "t it is (amongst other things) enacted as follows:

Where His Majesty is satisfied that the law in force in any part of His Majesty's Dominions outside the United Kingdom makes due provision for the publication of banns, or for the giving of notice in respect of marriages, between British subjects intended to be solemnised or contracted in the United Kingdom, and for the recognition of certificates for marriage issued by Superintendent Registrars in England, and of certificates for marriage issued by Registrars, and certificates of proclamation of banns, in Scotland, and of certificates for marriage issued by Registrars in Ireland, as sufficient notice in respect of marriages between British subjects intended to be solemnised or contracted in that part of His Majesty's Dominions, His Majesty may, by Order in Council, declare • "London Gazette," September 27, 1918. + Vol. CIX, page 4. [1917-18. cxI.] 0

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