ALIEN ENEMIES

Otago Witness, Issue 3335, 13 February 1918, Page 23

ALIEN ENEMIES

PURCHASE OF LAND ILLEGAL. The Prime jVJinister made the following statement on the sth, clearly setting forth the- legal position in regard to alien enemies and the purchase of land: — " I have noticed that, statements have been made in the press from time to time that alien enemies have been acquiring land by purchase in different parts of New Zealand. I thought it was necessary to clear this matter up, and it will bo found that the law is as I. have previously stated it. and that any purchase of land by enemyaliens during the- war period is impossible, inasmuch as any contract of sale and purchase to which an enemy alien ifi a party as purchaser is illegal, and the parties to such a contract are liable to fine or imprisonment. " At common law all aliens are disqualified from holding land in Britain or in British colonies. The rule of the common law has been abrogated in Now Zealand m its application to alien friends (the Aliens Act, 190 S, section 13), but remains in force with respect to alien enemies. It follows, therefore, that no German or Austrian can lawfully acquire land in New Zealand during the continuance of the war. '"Prior to the passing of the War Legislation Act, 1917 (October 31, 1917 J, a transaction for the sale of land to an alien enemy was not, however, absolutely void. The title passed from the vendor to the purchaser, and was held by him subject to rho right of the Crown to forfeit the land. " Section 3 of the War Legislation Act, 1917, provides a convenient judicial procedure for enforcing the rights of the Crown in such a case. Ft confers on the Supreme Court jurisdiction, on the information ol the Attorney-general, to vest in the Public Trustee, in trust for his Majesty, any forfe-t-------able estate or interest in land in New Zealand acquired by an alien enemy since tho commencement of the present war. " Section 10 of the same Act declares absolutely void every contract made after the commencement nf the Act and during tho continuance of. the war, for the acquisition by or on behalf of an alien enemy, of any freehold interest in land in New Zealand, or of any leasehold interest with a currency of more than two years. Every

party to such an Illegal contracts (that is, the Vendor or lessor as well as the purchaser or lessee) is made liable, on summary cori*vlctlon, to a fine of £IOO, or to imprisonment for three months. ,