ENEMY ALIENS.

Hokitika Guardian, 18 July 1919, Page 4

ENEMY ALIENS.

AN INTERESTING JUDGMENT.

AUCKLAND, July 15

An interesting judgment concerning the rights of enemy aliens to sue and be sued was given in the Magistrate’s Court by Mr J. W. Poynton, S.M., this morning. The case was that in which the British Petroleum' Development Co-, Ltd., proceeded against Henry llanisch and Beatrice llanisch for allotment moneys on shares in the company. The defendant llanisch, the judgment stated, was born in Bohemia, his pare*ts being Austrian subjects, and ho was naturalised in New Zealand. His wife was of British parentage. They applied separately for shares in the registered company and paid deposits of £62 10s. on his part of 500 shares and £l2 10s. on his wife’s part for 100 shares. This was on January 21st, 1918. Defendants were now being sued for 7s 6d per share allotment moneys. The defence set up was that the de_ fondant Ranisch being an alien enemy could not hold shares in any company in New Zealand, and his wife, who was also an alien enemy by virtue of her marriage with him, was in the same position. Defendants further counterclaimed for the amounts paid by them as deposits on shares. His Worship held that although lor many years naturalised in New Zealand, the defendant was deemed to he an alien enemy by emergency war legislation, and as such was forbidden to hold shares or stock in a. company in New Zealand. This also applied to his wife, so that neither could be made to pay the money claimed. The Magistrate also found that the money already paid by the defendants on accounts of the shares was recoverable by the defendants. Judgment was therefore given for defendants on both claims, and also on the counter claim with costs on the full amount. Security for appeal was fixed at £2O.