No. 5.] Trading with the Enemy Ordinance, 1914.
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"-5t th November, 1914.
SAINT LUCIA. No. 5 of 1914.
AN ORDINANCE relating to Trading with the Enemy.
[ 7th November, 1914. ]
BE it enacted by the Governor, with the advice and consent
of the Legislative Council of Saint Lucia, as follows :-
Penalty for trading
with the enemy.
No. 5.] Trading with the Enemy Ordinance, 1914. [1914.
1. This Ordinance may be cited as the Trading with the
Enemy Ordinance, 1914.
2. In this Ordinance-
Company" means an incorporated company.
Trading with the enemy," and cognate expressions, mean
any act or transaction which is prohibited by or under any
proclamation issued by His Majesty dealing with trading with
the enemy, or which at Common Law or by any Ordinance or
Act of Parliament in operation in the Colony constitutes an
offence of trading with the enemy.
3. (1) Any person who-
(a) during the state of war now in existence between
His Majesty and the German Empire and between His
Majesty and the Dual Monarchy of Austria-Hungary
trades with the enemy, or
(b) has since the fourth day of August, 1914, traded with
shall be guilty of an offence and shall be liable on summary
conviction to imprisonment, with or without hard labour, for a
term not exceeding twelve months, or to a fine not exceeding
five hundred pounds, or to both such imprisonment and fine, or,
on conviction on indictment, to imprisonment, with or without
hard labour, for a term not exceeding seven years, or to a fine
at the discretion of the Court, or to both such imprisonment
(2) In the case of a conviction either summary or on in-
dictment the goods or money in respect of which the offence
has been committed shall be ordered by the Court to be forfeited
to His Majesty.
(3) Where a company has entered into a transaction or has
done any act which is an offence under this section, every direc-
tor, manager, secretary or other officer of the company who is
knowingly a party to the transaction or act shall also be deemed
guilty of the offence.
(4) A prosecution for an offence under this section shall not
be instituted without the consent in writing of the Attorney-
Provided that the person charged with such an offence may
be arrested and a warrant for his arrest may be issued and
executed, and such person may be remanded in custody or on
bail notwithstanding that the consent of the Attorney-General
No. 5.] Trading with the ETe,ay Ordinance, 1914.
to the institution of the prosecution for the offence has not been
obtained, but no further or other proceedings shall be taken
until that consent has been obtained.
4. (1) If a Magistrate is satisfied, on information on oath Power to inspect
laid on behalf of the Treasurer, that there is reasonable ground ok and docu-
for suspecting that an offence under this Ordinance has been or
is about to be committed by any person, firm or company, he
may issue a warrant authorising any person named in the
(a) to inspect all books or documents belonging to or under
the control of that person, firm or company, and
(b) to require any person able to give any information with
respect to the business or trade of that person, firm or
company to give that information, and
(c) if accompanied by a Police Constable to enter and
search any premises used in connection with the business
or trade, and to seize any such books or documents as
(2) When it appears to the Treasurer that the case is one
of urgency and that immediate action is necessary, he
may, by written order, give to a person appointed by him the
like authority as may be given by a warrant of a Magistrate
under the preceding subsection; and the person acting under
such an order shall have the like powers and protection as a
person acting under a warrant of a MaI:-t itratt under the said
(3) If any person having the custody of any book or docu-
ment which a person is authorised to inspect under this section
refuses or wilfully neglects to produce it for inspection, or if
any person who is able to give any information which may be
required to be given under this section refuses or wilfully
neglects to give that information when required to do so,
the person so refusing or neglecting shall be liable on summary
conviction to imprisonment, with or without hard labour, for a
term not exceeding six months, or to a fine not exceeding fifty
pounds, or to both such imprisonment and fine.
5. (1) Where it appears to the Treasurer in reference to any Power of Treasurr
to apply for a Oon.
firm or company- troller in certain
(a) that an offence under this Act has been or is likely to cases
be committed in connection with the trade or business
No. 5.] Trad'ing with t1,w Enemy Ordinance, 1914.
Proof of proclama-
(b) that the control or management thereof has been or
is likely to be so affected by the state of war as to pre-
judice the effective continuance of its trade or business
and that it is in the public interest that the trade or
business should continue to be carried on,
the Treasurer may apply to the r I,.yal Court for the appointment
of a Controller of the firm or company, and the Royal Court
shall have power to appoint such a Controller, for such time and
subject to such conditions and with such powers as the Court
thinks fit, and the powers so conferred shall be either those uf a
receiver ard manager or those powers subject to such modifica-
tions, restrictions or extensions as the Court thinks fit, including,
if the Court considers it necessary or expedient for enabling the
Controller to borrow money, power. after a special application to
the Court for that purpose, to create charges on the property of
the firm or company in priority to existing charges.
(2) The Court shall have power to direct how and by whom
the costs of any proceedings under this section, and the remunera-
tion, charges and expenses of the Controller, shall be borne, and
shall have power, if it thinks fit, to charge such costs, charges
and expenses on the property, in relation to any existing charges
thereon, as it thinks fit.
6. Every prosecution in order to a conviction for a summary
offence under this Ordinance shall be con menced within eighteen
months from the commission thereof.
7. Production of the Saint Lucia Gazette containing a copy of
a proclamation purporting to have been issued by His Majesty,
or containing a proclamation by the Governor or an official
notification purporting to make known the provisions of a
proclamation issued by His Majesty, shall be sufficient evidence
in all Courts and for all purposes of the due issue and the
contents of the Royal proclamation.
Passed the Legislative Council this 2nd day oJ November, 1914.
B. P. E. BULSTRODE,
Clerk of Councils.
PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
CASTRIES. ST. LUCIA.