ALIENS AND LAND

Dominion, Volume 11, Issue 119, 6 February 1918, Page 7

ALIENS AND LAND

BASELESS RUMOURS THE LAW EXPLAINED "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 partb of New Zealand," said tho Prime Minister yesterday. "I thought it was necossarv lo clear this matter up,, and it will l>e found that the law is it's-1 have stated it, and that any purchase of land by enemy aliens during tho war period is impossible, inasmuch as any contract of sale and purchase to which an enemy alien is a party as purchaser is illegal, and the parties to such a contract are liable to fine or imprisonment. "The law on tho subject is quite clear. At common law all aliens are disqualified from holding land in England or in English colonies. This rule of the common law lias been abrogated in New Zealand in its application to alien, friends ,(tle Aliens Act, 190S, Section J 8), 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), a transaction for the sale of land to an alien enemy was not, however, absolutely void. The title passed from tho. vendor to the purchaser, ant 1 was held by him subject to the right of tho Crown to forfeit the land. "Section 3 of the War Legislation Act, 1917, provides a convenient judicial procedure for enforcing the ritrlr ■ of the Cr,own in such a case. It confers on the Supreme Court jurisdiction, on the information of the .Attorney-Gen-eral,- to vest in the Public Trustee i'*i trust'for His Majesty any forfeitable estate or interest in land in New Zealand acquired by an alien enemy since the commencement of the present war. "Section 10 of' the samo Act declares absolutely void every contract made, after the commencement of tho Act and during the continuance of the war, for the acquisition In or rn hehalf of an alien enemv 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 contract (that iB, the vendor or lessor as well ns the purchaser or lessee) is made liable, on summary conviction, to a fine of £100, or to imprisonment for three months."