The Ordinance is retrospective and makes every person deemed guilty of the misdemeanour of trading with the enemy liable upon summary conviction to imprisonment for a term not exceeding twelve months and to a fine not exceeding $5,000, or upon conviction on indictment to im sonment for any term not exceeding seven years and to a fine not exceeding 85,000. In addition to these penalties the Court is given power to order the forfeiture of any property whatsoever, or the proceeds thereof, in respect of which the offence may have been committed.
The Ordinance defines trading with the enemy as "taking any part in any act or transaction prohibited under any proclamation issued by His Majesty dealing with the subject of trading with the enemy or any act or transaction constituting the offence of trading with the enemy by common law or under any statute Law applicable to the Colony." The word "person" is made to include any company or firm, and officers of the firm or body corporate are made liable to the penalties. Under the ordinance, powers of inspection and search for the purpose of obtaining information are given, and power is also taken for the appointment by the Supreme Court of a Controller where it appears to the Colonial Secretary in reference to any firm or company (a) that an offence under the Ordinance has been or is likely to be committed in connexion with the trade or business thereof; or (b) that the control or management thereof has been or is likely to be so affected by di the state of war as to prejudice the effect ive continuance of its trade or and that it is in the public interest that the trade or business should continue to be carried on."
Text read from the printed page and cleaned; old type leaves the occasional error.