✨ Ex-enemy Absentee Property Order




Oct. 25.] THE NEW ZEALAND GAZETTE. 2651

  1. Within three calendar months after the coming into operation of this 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 particulars of such property, to the Samoan Public Trustee.

  2. Money owing or payable to any ex-enemy absentee or to any person on behalf of an ex-enemy absentee shall be deemed to be ex-enemy absentee property held by the person by whom such money is payable.

  3. Whenever any person is known or suspected to have in his possession or under his control or management any document or paper relating to, or to be capable of supplying any information on the subject of, any ex-enemy absentee property the Samoan Public Trustee may, in writing, call upon such person to produce such document or paper or to supply such information within a period of twenty-eight days, and if such person shall, without reasonable cause, refuse or fail to produce or, as the case may be, to furnish the same within the said period such person shall be liable to a fine not exceeding twenty pounds.

  4. No person shall, without the permission of the Samoan Public Trustee, directly or indirectly send or transmit any ex-enemy absentee property out of Western Samoa or deal with any such property in any manner whatever with intent to reduce such property or the proceeds of the sale, realization, or disposition thereof into the possession of the owner thereof, or of any person out of Western Samoa on behalf of such owner, or with intent to make the same available by or for the benefit of any person out of Western Samoa.

  5. No person shall, without the permission of the Samoan Public Trustee, be in any way concerned in the transfer of any ex-enemy absentee property from the owner thereof to any other person or in the acquisition by any person of any charge or other interest in or over such property.

  6. All persons in Western Samoa in possession of ex-enemy absentee property, being share certificates, debentures, bonds, instruments of mortgage, or other securities for money or documents of title to land or any interest therein shall, on demand made by the Samoan Public Trustee, forthwith deliver the same to the Samoan Public Trustee.

  7. All persons in Western Samoa owing money to or having in their possession money due or payable to or held in trust for or on account of any ex-enemy absentee shall on demand by the Samoan Public Trustee forthwith or as soon as may be practicable pay such money to the Samoan Public Trustee.

  8. The Samoan Public Trustee shall have the following powers in respect of ex-enemy absentee property:β€”

(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;

(c.) To sue in his official name for such part of such property as may consist of money;

(d.) To sell, realize, and convert into money the whole or any part of such property as may consist of 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 realization of the property of any ex-enemy absentee, to pay and discharge any debts or liabilities of such ex-enemy absentee in Western Samoa.

  1. All expenses incurred by the Samoan Public Trustee (including such reasonable charges as he may see fit to make for his services) in the exercise of his powers in respect of the property of any ex-enemy

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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1923, No 75


NZLII PDF NZ Gazette 1923, No 75





✨ LLM interpretation of page content

🌏 The Ex-enemy Absentee Property (Samoa) Order, 1923 (continued from previous page)

🌏 External Affairs & Territories
24 October 1923
Order in Council, Ex-enemy Absentee Property, Samoa, Treaty of Peace with Germany, Western Samoa