Enemy Trading With - Law Dictionary Search Results
Home Dictionary Name: enemy trading withEnemy, trading with
Enemy, trading with. See the following Acts directed against trading with the enemy during the Great War:-(English) 4 & 5 Geo. 5, c. 87, 5 Geo. 5, c. 12, 5 & 6 Geo. 5, cc. 79, 98, 105, and 6 & 7 Geo. 5, cc. 32, 52....
Trading with the Enemy Act, 1914
Trading with the Enemy Act, 1914 (English) (4 & 5 Geo. 5, c. 87), provided that any person who 'dur-ing the present war [i.e., the war with Germany] trades or has since 4th August, 1914, traded with the enemy within the meaning of this Act, shall be guilty of a misdemeanour. The Act was partly repealed [S. R. & O. 1921 (No. 1276), and see 15 & 16 Geo. 5, c. 43]. As to what constitutes an alien enemy, see Daimler Co. v. Continental Tyre Co., (1916) 2 AC 307....
Alien enemy
Alien enemy, a subject of a nation which is at war with this country. A contract with him is void, Brandon v. Nesbitt, (1794) 6 TR 23, unless he have a safe conduct or be living in this country by licence of the Crown; and so is a contract with his wife, De Wahl v. Braune, (1856) 25 LJ Ex 343. Further, not only commercial intercourse but all intercourse with an alien enemy is prohibited by the common law; see The Hoop, (1799) 1 C Rob 196, where Sir William Scott described an alien enemy as 'totally ex lege'; The Cosmopolite, (1801) 4 C Rob 8; The Panariellos, (1915) 138 LT Journ 484. Nor can an alien enemy exercise a right of voting in respect of shares in an English company, Robson v. Premier Oil Co., 1915 (2) Ch 124, nor (unless within the realm by the King's licence) can he sue here during the war, though he remains liable to be sued, Porter v. Freudenbery, 1915 (1) KB 857. As to the Crown's right at common law to forfeit the private property of subjects of an enemy state, see In re...
Contraband
Contraband [fr. Contra, Lat., against; and bando, Ital., edict], such goods as are prohibited to be imported or exported, bought or sold, either by the laws of a particular state or by special treaties; also a term applied to designate that class of commodities which neutrals are not allowed to carry during war to a belligerent power.It is a recognized general principle of the law of nations, that ships may sail to and trade with all kingdoms, countries, and states in peace with the princes or authorities whose flags they bear; and that they are not to be molested by the ships of any other power at war with the country with which they are trading, unless they engage in the conveyance of contraband goods. But great difficulty has arisen in deciding as to the goods comprised in this term.In order to obviate all disputes as to what commodities should be deemed contraband, they have sometimes been specified in treaties or conventions. But this classification is not always respected during ...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Illegal contract
Illegal contract, an agreement to do any act forbidden either (1) by the Common Law, such as agreements to commit a crime or tort, or as for rent of lodging let for prostitution, Jennings v. Brown, (1842) 9 M&W 496; or for price of indecent picture, Fores v. Johnes. (1802) 4 Esp 97; or in prejudice to the administration of justice, Windhill Local Board v. Vint, (1890) 45 Ch D 351; or (2) by statute, as by hire of a room for a lecture in contravention of the Blasphemy Act, Cowam v. Milbourn, (1867) LR 2 Ex 230; but see Re Bowman, (1915) 2 Ch 447, or a contract by a servant of a local authority with such authority, in contravention of s. 193 of the (English) Public Health Act, 1875; also contracts in unreasonable restraint of trade; general restraint of marriage; trading with the enemy; compounding felonies; maintenance or champerty, etc. A breach of promise of marriage by a married man pending divorce after decree nisi may be actionable, Fender v. Mildmay, (1937) 53 TLR 885. Illegality ...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
Life-rent
Life-rent, a rent received for a term of life. See SETTLED LAND.The doctrine of the lifting of the veil has been applied in the words of Palmer in five categories of cases; where companies are in the relationship of holding and subsidiary (or subsidiary) companies; where a shareholder has lost the privilege of limited liability and has become directly liable to certain creditors of the company on the ground that, with his knowledge, the company continued to carry on business six months after the number of its members was reduced below the legal minimum; in certain matters pertaining to the law of taxes, debts, duties and stamps, particularly where the question of the 'controlling interest' is in issue; in the law relating to exchange control; and in the law relating to trading with the enemy where the test of control is adopted, Tata Engineering and Locomotive Co. Ltd. v. State of Bihar, AIR 1965 SC 40 (47): (1964) 6 SCR 885. (Companies Act, 1956, s. 34)...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Trade dispute
Trade dispute, means a dispute between two countries arising from tariff rates or other matters related to international commerce, Black's Law Dictionary, 7th Edn., p. 1500.This expression is defined in s. 5 (3) of the (English) Trade Disputes Act, 1906, as follows:-'Trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which his connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of any person, and the expression 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom a trade dispute arises.By s. 1, 'An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.' But the provisions of the Act shall not apply to any act done in contemplation or furthera...
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