The Trading With The Enemy Act

Author : Charles Henry Huberich
Publisher : Forgotten Books
ISBN 13 : 9780267992225
Total Pages : 522 pages
Book Rating : 4.9/5 (922 download)

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Download or read book The Law Relating to Trading With the Enemy written by Charles Henry Huberich and published by Forgotten Books. This book was released on 2018-02-07 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Law Relating to Trading With the Enemy: Together With a Consideration of the Civil Rights and Disabilities; Alien Enemies and of the Effect of War on Contracts With Alien Enemies The present work is primarily a commentary on the Act of Congress of October 6, 1917, known as the Trading with the Enemy Act. This Act was not passed until six months after the declaration of a state of war with the German Empire and, therefore, transactions during this period are governed by the common law. Furthermore, the Act pro vides that the common law shall govern in all matters not Within the scope of the enactment, and leaves the important topics of the effect of war on contracts, enemy litigants, the suspension of statutes of limitation, interest on debts due to enemies, the status of resident enemy subjects, of interned enemies, and of prisoners of war, devises and bequests by and to enemies, the rights of enemy heirs and next-of-kin, and many other topics to be determined almost entirely by the common law or by State laws in force at the out break of the war. It is, consequently, of paramount im portance to consider the common-law provisions and the State statutes relating to these topics. While the purely administrative questions arising under the Act of Congress will probably receive their final de termination during or shortly after the war, the questions as to the effect of the Act of Congress or of the common - law provisions on private rights will occupy the attention of the bench and bar for many decades after the conclusion of peace. A study of the cases arising out of the Civil War will show that while most of the cases on these points were decided in the period between 1865 and 1885, the leading case on the effect of war on the relation of principal and agent was not decided by the Supreme Court of the United States until 1898. The Act of Congress is based on the British enactments passed during the present war, and consequently it has been deemed necessary to consider fully the decisions of the Eng lish, Scotch, Irish, Canadian, Australian, South African and Indian courts interpreting the common law and the pro visions of the British Acts. The principal enactments of the United Kingdom, the Dominion of Canada, the Commonwealth of Australia, and the Union of South Africa are reprinted in the Appendix, Where the Executive Order of the President of October 12, 1917, may also be found. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.