2652
THE NEW ZEALAND GAZETTE.
[No. 75

absentee shall be payable out of the moneys received by him from the realization of such property.

12. The balance of the moneys received by the Samoan Public Trustee is respect of ex-enemy absentee property, after making all payments hereinbefore authorized, shall be retained by the Samoan Public Trustee and dealt with in accordance with the direction of the Minister of External Affairs.

13. (1.) The Minister of External Affairs may, 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 sum out of the net balance of moneys received by the Samoan Public Trustee in respect of the estate of an ex-enemy subject (deceased) who has left him surviving a widow or children, legitimate or illegitimate, in Western Samoa, shall be applied in such manner as the Minister of 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 :

(c.) Direct that any property which the Samoan Public Trustee is hereby empowered to sell shall not be sold, or that the sale thereof shall be postponed for such period as the Minister of External Affairs shall decide, or that any such property or any portion thereof shall be restored to the former owner thereof or to the authorized agent of such owner.

(2.) The power of direction which the Minister has under subclause one of this clause shall be in amplification, and not in limitation, of his general power of direction under clause twelve.

14. (1.) Where the Minister of External Affairs is satisfied that any land in Western Samoa or any registrable estate, right, title, or interest in or in respect of any such land is ex-enemy absentee property, he may, by order under his hand and the Seal of Samoa, order and declare that such land, estate, right, title, or interest shall be vested in the Samoan Public Trustee, and such land, estate, right, title, or interest shall thereupon vest in the Samoan Public Trustee in trust to dispose of the same in accordance with the provisions of this Order.

(2.) It shall be the duty of the Registrar of Land, on the request of the Samoan Public Trustee, and on production of the order of the Minister of External Affairs, to register the Samoan Public Trustee as the proprietor of such land, estate, right, title, or interest in the same manner as if the same had been lawfully and with full authority conveyed to the Samoan Public Trustee by all persons entitled thereto.

15. So long as the Samoan Public Trustee acts in good faith in the exercise of the powers and duties conferred or imposed on him by or in pursuance of this Order, he shall be under no civil liability to any person for any error, act, or default.

16. Any person who, being required by this Order to communicate any fact or to pay or deliver any money or thing to the Samoan Public Trustee, shall, without reasonable cause, refuse or fail to communicate such fact or to pay or deliver such money or thing, or who shall do any act or thing prohibited by this Order, or who shall resist or interfere with the Samoan Public Trustee in the exercise of any of his powers hereunder, shall be liable to a fine not exceeding twenty pounds.

C. A. JEFFERY,
Acting Clerk of the Executive Council.