un the benefit of an enemy or ally of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, or perform the same unless said assignment, indorsement, or delivery was made prior to the beginning of the war or shall be made under license as herein provided, or unless, if made after the beginning of the war and prior to the date of passage of this Act, the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on behalf of, or on account of, or for the benefit of an enemy or ally of Payments lawful. enemy; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, or other obligation or chose in action shall, on conviction thereof, be deemed to violate section three hereof: Provided, That nothing in this Act contained shall prevent the carrying out, contracts ascompletion, or performance of any contract, agreement, signed prior to or obligation originally made with or entered into by an enemy allowed. enemy or ally of enemy where, prior to the beginning of the war and not in contemplation thereof, the interest of such enemy or ally of enemy devolved by assignment or otherwise upon a person not an enemy or ally of enemy, and no enemy or ally of enemy will be benefited by such carrying out, completion, or performance otherwise than by release from obligation thereunder. Proviso. Completion of war to other than Paymen: per mitted of money enemy received prior to the war. Nothing in this Act shall be deemed to prevent payment of money belonging or owing to an enemy or ally of of enemy to a person within the United States not an enemy or ally of enemy, for the benefit of such person or of any other person within the United States not an enemy or ally of enemy, if the funds so paid shall have been received prior to the beginning of the war and such payments arise out of transactions entered into prior to the beginning of the war, and not in contemplation thereof: Provided, That such payment shall not be made License re without the license of the President, general or special, as provided in this Act.1 1 The following statutes [not reprinted herein] are of interest as dealing with the pay ment of debts due to and from enemies. Massachusetts: An Act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies for protection; and also for payment of their just debts out of their estates. [Acts and Laws of Massachusetts, 1776-1780; 1777, Chap. 38, p. 118.] An Act in addition to an Act, entitled, “An Act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies for protection; and also for payment of their just debts out of their estates. [Acts and Laws of Massachusetts, 1776-1780; Chap. 11, 1778, p. 201.) An Act to provide for the payment of debts due from the conspirators and absentees, and for the recovery of debts due to them. Laws & Resolves of Mass.; 1780-1781; 1780, Chap. 50, p. 115.) An Act in addition to an Proviso quired. No legal action allowed enemy war. Exception. Post, p. 420. in United States Nothing in this Act shall be deemed to authorize the prior to end of prosecution of any suit or action at law or in equity in any court within the United States by an enemy or ally of enemy prior to the end of the war, except as proUnder license vided in section ten hereof: Provided, however, That an permitted. enemy or ally of enemy licensed to do business under this Act may prosecute and maintain any such suit or action so far as the same arises solely out of the business transacted within the United States under such license and so long as such license remains in full force and effect: And provided further, That an enemy or ally of enemy may defend by counsel any suit in equity or action at law which may be brought against him. Counsel lowed. al act entitled "An act to provide for the payment of debts due from the conspirators and absentees; and for the recovery of debts due to them." [Id. Chap. 53, page 123. An Act in addition to an act passed the last session of the General Court intitled, "An act to provide for the payment of the debts due from the conspirators and absentees: and for the recovery of debts due to them." [Laws and Resolves of Massachusetts, 178)1781, Chap. 52, 1780, p. 122. An act in addition to an act intitled, “An act to provide for the payment of the debts due from the conspirators and absentees; and for the recovery of debts due to them. [Id., Chap. 53, 1780, p. 123.] An Act to provide for the payment of debts due from the conspirators and absentees, and for the recovery of debts due to them. [Acts and Laws of Massachusetts, 1780-1783, Chap. 2, 1781, p. 28. An act in addition to an act intitled, "An Act to provide for the payment of the debts due from the conspirators and absentees; and for the recovery of debts due to them." [Id., Chap. 9, 1781, p. 57.] New Hampshire: An Act in addition to an act intituled "An act to confiscate the estates of sundry persons therein named." [Laws of New Hampshire, Vol. 4, 1776-1784, Chap. 8, p. 216.] Pennsylvania: An Act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same and for ascertaining and satisfying the lawful debts and claims thereupon. [Statutes at Large of Pennsylvania, Vol. 9, 1776–1779, Chap. DCCLXXXIV, 1777, p. 201.] A supplement to an act, entitled "An Act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same, and for ascertaining and satisfying the lawful debts and claims thereupon." Id., Chap. DCCCXXXII, 1779, p. 328.j Virginia: An ordinance for establishing a mode of punishment for the enemies to America in this colony. [9 Hening's Stats. L., 1775–1778, Chap. VII, 1775, p. 101. An Ordinance to amend an ordinance entitled an ordinance for establishing a mode of punishment for the enemies of America in this colony. [Id., Chap. VII, 1776, p. 181.] An act for sequestering British property, enabling those indebted to-British subjects to pay off such debts, and directing the proceedings in suits where such subiects are parties. Id., Chap. IX, 1777, p. 377.] Confederate States: An Act for the sequestration of the estates, property and effects of alien enemies, and for the indemnity o. citizens of the Confederate States, and persons aiding the same in the existing war with the United States. [Confederate States of America, Stats. at L., Public and Private Laws, 1861-1864, Session III, Chap. 61, 1831, p. 201. An act to alter and amend an act entitled “An act for the sequestration of the estates, property and effects of alien enemies, and for indemnity of citizens of the Confederate States, and persons aiding the same in the existing war with the United States," approved August thirtieth, eighteen hundred and sixty-one. (Id., Session V, Chap. 71, 1862, p. 260. An act to alter and amend an act entitled "An Act for the sequestration of the estates, property and effects of alien enemies and for indemnity of citizens of the Confederate States, and persons aiding the same in the existing war with the United States," approved August 30, 1861, and An Act altering and amending the same, approved on the 15th day of February, 1862. [Id., Session 3, Chap. 11, 1863, p. 134. United States: An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. [12 U. S. Stats. L., 1859-1863; Session 2, Chap. 195, 1862, p. 589.] Notice that peradmitted as ev son is an enemy dence in prior In criminal ac Receipt of notice from the President to the effect that he has reasonable ground to believe that any person is an enemy or ally of enemy shall be prima facie defense contracts suits. to any one receiving the same, in any suit or action at law or in equity brought or maintained, or to any right or set-off or recoupment asserted by, such person and based on failure to complete or perform since the beginning of the war any contract or other obligation. In any tions. prosecution under section sixteen hereof, proof of receipt Post, p. 425. of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy [418] or ally of enemy shall be prima facie evidence that the person receiving such notice has reasonable cause to believe such other person to be an enemy or ally of enemy within the meaning of section three hereof. Money, etc., of to be conveyed, (c)1 If the President shall so require, any money or unlicensed enemy other property owing or belonging to or held for, by; on etc., to custodian. account of, or on behalf of, or for the benefit of an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owing or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the alien property custodian." See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 [p. 185]. The following statutes [not reprinted herein] are of interest as dealing with the confiscation of enemy property. Connecticut An Act concerning the real estates of aliens and persons inimical to the United States of America. Acts and Laws of Connecticut, Oct. 1776 to Oct. 1778, p. 475.) Georgia: An Act for attaining such persons as are therein mentioned of high Treason and for confiscating their estates, both real and personal to the use of this State; for establishing boards of Commissioners for the sale of such Estates, and for other purposes therein mentioned. Colonial Records of Georgia, Vol. XIX, Part 2, 1774-1805, p. 86.) An Act to alter and amend a clause or clauses of an act entitled "An act for attaining such persons as are therein named of high treason, for confiscating their estates, both real and personal to the use of this state, for establishing boards of commissioners for the sale of such estates, and for other purposes therein mentioned," and for the better and more effectual carrying the other purposes of the said act into execution. d., p. 100. An act to compel non-residents to return within a certain time or in defau.t thereof, that their estates be confiscated, and for confiscating the estate of William Knox, Esq. formerly provost marshal, of the then province, now state of Georgia. Id., p. 126.] An Act intitled An Act for the Confiscating the Estates of certain persons therein described, and for the providing funds for defraying the Contingent expence of the State. [Id., p. 147.] An Act for inflicting Penalties on, and confiscating the estates of such persons as are therein declared guilty of treason, and for other purposes therein mentioned. [Id., p. 152.] An Act for empowering a less number of Commissioners to be a Board than is mentioned in the Act passed at Augusta on the fourth day of May One thousand seven hundred and eighty two, for inflicting Penalties on and confiscating the Estates of such Persons as have been guilty of Treason against this state and for other purposes therein mentioned. [Id., p. 174.] Massachusers: An act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies for protection; and also for payment of their just debts out of their estates. Acts & Laws of Massachusetts, 1776-1780; 1777, Chap. 38, p. 118.] An Act in addition to an act, entitled "An Act to prevent the waste, destruction and embezzlement of the goods or estates (isuch persons who have left the same, and fled to our enemies for protection; and also debts, etc., due custodian. Payment of (d) If not required to pay, convey, transfer, assign, may be made to or deliver under the provisions of subsection (c) hereof, any person not an enemy or ally of enemy who owes to, or holds for, or on account of, or on behalf of, or for the benefit of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any money or other property, or to whom any obligation or form of liability to such enemy or ally of enemy is presented for payment, may, at his option, with the consent of the President, pay, convey, transfer, assign, or deliver to the alien property custodian said money or other property under such rules and regulations as the President shall prescribe. for payment of their just debts out of their estates." Acts and Laws of Massachu An New Hampshire: An act to prevent the transfer or conveyance of the estates, and property of all such persons who have been, or shall be apprehended upon suspicion of being guilty of treason, misprision of treason, or other inimical practices, respecting this state, the United States, any or either of them, and also for securing all lands within this state, as well of such persons as have traitorously deserted, or may hereafter desert the common cause of America, and have gone over to, or in any way or manner joined our enemies, as of those who belong to or reside in Great Britain. Laws of New Hampshire, Vol. 4, 1776-1784, Chap. 15, p. 128.] An Act to confiscate the estates of sundry persons therein named. [Id., Chap. 19, p. 191. An act in addition to an Act intituled “An Act to confiscate the estates of sundry persons therein named." Id., Chap. 8, p. 216.] North Carolina: An Act, for confiscating the property of all such persons as are înimica to the United States, and of such persons as shall not, within a certain time therein mentioned appear and submit to the State whether they shall be received as citizens thereof, and of such persons as shall so appear and shall not be admitted as citizens, and or other purposes therein mentioned. [North Carolina, State Records, Vol. 24, 1777-1788; Chap. 17. 1777, p. 123. An Act to carry into effect an Act, passed at New Bern in November, in the year one thousand seven hundred and seventy-seven, entitled, An Act for confiscating the property of all such persons as are inimical to the United States; and of such persons as shall not, within a certain time therein mentioned, appear, and submit to 1 See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 (p. 185]. (c) No person shall be held liable in any court for or No legal tiabil. ity for acts hereby in respect to anything done or omitted in pursuance of authorized. Payments, con. veyances, etc., to discharge of obli Any payment, conveyance, transfer, assignment, or custolian a full delivery of money or property made to the alien property gation. custodian hereunder shall be a full acquittance and discharge for all purposes of the obligation of the person, t. making the same to the extent of same. The alien property custodian and such other persons as the President may appoint shall have power to execute, acknowledge, and deliver any such instrument or instruments as may be necessary or proper to evidence upon the record. the State whether they shall be received as Citizens thereof; and of such persons who shall so appear, and shall not be admitted as citizens, and for other purposes therein mentioned; and for other purposes. [Id., Chap. 5, 1778, p. 209.] An Act for suspending the operations of an Act, for carrying into effect an Act, commonly called the Confiscation Act. [Id., Chap. 6, 1780, p. 352.] An additional Act to an Act, intituled An Act for securing the quiet and inoffensive inhabitants of this State from being injured, for preventing such property as hath or may be confiscated from being wasted or destroyed, and for other purposes; for continuing an Act, intituled, An Act for suspending the operation of an Act, for carrying into effect an Act commonly called the confiscation Act; and for directing and regulating elections in particular instances; and also for giving further time to surveyors to compleat their surveys. (Id., Chap. 4, 1781, p. 376.] Pennsylvania: An Act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same and for ascertaining and satisfying the lawful debts and claims thereupon. 19 Stat. L., Pennsylvania, 1776-1779, Chap. DCCLXXXIV, 1777, p. 201.] A supplement to an act, entitled "An act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same, and for ascertaining and satisfying the lawful debts and claims thereupon." (Id., Chap. DCCCXXXII, 1779, p. 328.] Rhode Island: Whereas a quantity of flour, lately arrived from Philadelphia, hath been seized by a warrant from General Varnum, for the use of the troops within this State; and whereas it hath been represented to this Assembly, that the said flour, or a great part of it, is the property of persons now on Rhode Island, who are suspected of being inimical to the United States: It is therefore voted and resolved, That it be recommended to Mr. Pardon Gray, Deputy Commissary, that he do not pay for said flour until this Assembly can obtain further information respecting the same. Acts of Rhode Island, 1776-1777; March, 1777, p. 3.] It is voted and resolved, That all the real estate, late belonging to Thomas Hutchinson, Esq., heretofore Governor of the MassachusettsBay, lying and being within this State, be, and the same is hereby deemed, rendered and taken as forfeit to this State, the said Thomas Hutchinson having deserted from the United States of America, and joined himself to the King of Great Britain, an enemy thereof. [Laws of Rhode Island, Feb. 1780 to Nov. 1780; February, 1780, p. 32.] Resolution regarding goods seized by British troops and later abandoned. [Id., June, 1780, p. 28.] Resolution prescribing method of handling a forfeited estate. Id., September, 1780, p. 19.) It is voted and resolved, that the Committee, heretofore appointed by this Assembly to dispose of the real estates which have been confiscated to and for the use of this State, be and they are hereby empowered to sell and dispose of the same, either at public or private sale, as will be most advantageous to the public interest: And that they make such alterations in the times of the respective payments, as will most conduce to the disposing of the said lands at the best rates: Provided, the alteration of the times of payment do not prevent the raising a sufficient sum to redeem this State's money funded upon the said estates, agreeable to the Act of this Assembly emitting the same. [Id. November, 1780, p. 3.] Vermont: An Act to libel confiscated estates. Laws of Vermont, 1779-1790; 1780, p. 9. An Act to libel confiscated estates. (Id., p. 14.] Virginia: An ordinance for establishing a mode of punishment for the enemies to America in this colony. 19 Hening's Stats. L., 1775-1778, Chap. 7, p. 101. An Ordinance to amend an ordinance entitled an ordinance for establishing a mode of punishment |