WESTERN SAMOA

New Zealand Times, Volume L, Issue 11660, 26 October 1923, Page 6

WESTERN SAMOA

EX-ENEMY ABSENTEES

PROCEDURE AS TO LIQUIDATION OF PROPERTY.

ENABLING ORDER-IN-COUNCIL. Under the Treaty of Versailles it is provided that the Allied and Associated Powers shall be entitled to retain and jiquidate all property, rights, and interests belonging to German nationals or companies controlled by them within the colonies, possessions, and protectorates of those Powers (including territories ceded to tliem by the said Treaty as mandated territories). By the Samoan Crown Estates Order, 1920, effect lias already been given in part to tliis provision; but it has been found expedient to make further provision in that behalf, and also for the liquidation of property in Western Samoa belonging to absentee nationals of Powers which have been in alliance with Germany against His Majesty. Accordingly, by an Order-in-Gouncil gazetted yesterday it is provided that within three calendar months after the coming into operation of the Order every person who in Western Samoa holds or has the possession, management, or control of any ex-enemy absentee property shall, by- notice in writing, communicate the fact, together with full of such property, to the Samoan Public Trustee. Money owing or payable to any ex-enemy absentee or to any penson on behalf of an ex-enemy absentee is deemed to be exenemy absentee property held by the person by whom such money'is payable. It is made an offence, punishable by a fine not exceeding £2O, to withhold tho necessaiy information from the Samoan Public Trustee ; and that officer is empowered:—(a) To take possession of and retain such property; (b) to collect, receive, and retain such part of such property as may consist of money; (o) to sue in his official name for sucui part of such property as may constat or money; (d) to self, realise, and convert into money tlie whole or any part of such property as may consist cf real or personal property, and to.execute in his official name all proper instruments of assurance thereof; (e) out of moneys received by him, being the property or the proceeds of the realisation of the property of any exenemy absentee, to pay and discharge any debts or liabilities of such ex-enemy absentee in Western Samoa. The expenses incurred are made payable out of the moneys received by the Publio Trustee from the realisation of the exenemy property concerned. It is provider! that the balance of the moneys, received by the Samoan Publio Trustee in respect of ex-enemy absentee property, after making all payments authorised in the Order, shall be retain ed by the Samoan Public Trustee and dealt with in accordance with the direction of the Minister for External Affaire.

The Minister is empowered in his absolute discretion :—(a) Direct that the net balance of any moneys or any portion thereof received by the Samoan Public Trustee in respect of the property of any ex-enemy absentee shall be remitted direct to such ex-enemy absentee; (b) direct that any eum out of the net balance of moneys received by tho Samoan Public Trustee in respect of the estate of an ex-enemy subject (deceased) who has left him Buriving a widow or children, legitimate or ilelgitimate, in Western Samoa, shall be applied in such manner as the Minister for External Affairs may direct, or, in the absence of any direction, as the Samoan Public Trustee shall think fit, for the benefit of such widow or children; or (c) direct that any property which the Samoan Public Trustee is nereby empowered to sell shall not be sold, or that the sale thereof shall bo postponed for such period as the Minister for External Affairs shall decide, or that any such property or any portion thereof shall be restored to the former owner thereof or to the authorised agent of such owner.