Duty towards Forces
Books and records of businesses.
Payment of outgoings.
Insurance.
Debts of property
owner.
Debts due to owner.
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13. The Custodian will have to keep in close touch with the
military authorities. Quarters, places for storage, workshops, officers' messes and the like will doubtless be in demand and premises in the hands of the Custodian will be required.
Such premises (with furniture, when required) should only be taken through the appropriate military, authority and not by units or individual officers of units. If property is taken without the intervention of the appropriate authority, the Custodian should seek to regularise the position as soon as possible.
A record must be kept of all property taken by the military authorities.
A precise record must be kept of all articles which may be seized or requisitioned while in the hands of the Custodian, with adequate particulars of the nature and condition of the articles so that they may later be identified and restored or a claim for loss or damage substantiated, if necessary.
Where possible a fair price or valuation should be agreed at the time of seizure or requisitioning.
14. Where the custodian takes possession of any business
premises, he must take the utmost care to preserve the books and records of the business. A careful list should be kept in a book earmarked for this purpose and such books and records should be kept readily available for delivery to the
owner.
15. The Custodian will in the ordinary course pay in respect of
all property in his hands the Crown rent, rates and other outgoings (including current mortgage interest, the cost of caretakers and repairs), These will be payable primarily out of any monies received in respect of the properties to which they relate.
Where the property is let to a responsible tenant thẹ Custodian may in his discretion anticipate future rents up to a reasonable limit (say three months) in order to pay such outgoings;but where the property is unlet, or where the tenant is not a person of known substance, or where a more serious anticipation than that suggested is required, the matter should be referred to the Deputy Chief Civil Affairs Officer.
Similarly money should not be raised on the security of the property for a like purpose without such reference.
The Custodian will,as a matter of course,require the Owner of any property the rents of which have been anticipated to make good the amount of such anticipation before the property is restored to him.
16. The cost of insurance (fire,typhoon and white ant) is a
legitimate payment which may be made by the Custodian and as soon as facilities for insurance exist the Custodian should take steps to insure all properties in his hands to the extent for which funds in relation to each property may be available.
17. It is no part of the duty of the Custodian to pay the debts of a property owner,other than those directly relating to the property in the Custodian's hands, and he has no power to do this. It would not, however,be irregular to pay a specific debt if the owner had given the Custodian a written mandate to do so.
Where debts come to the Custodian's knowledge in the absence of the owner, it would be as well (though there is no duty) to put them on record for the subsequent information
of the owner.
If the owner's interests might suffer seriously through the non-payment of a debt and the Custodian has in his hands funds adequate for payment, he should refer the matter to the Deputy Chief Civil Affairs Officer with his recommendations,
18. There can be no objection to the Custodian accepting any such payment as may be tendered in payment or on account of any liability to an owner;but any receipt given must be couched in such terms as will not debar the owner from pursuing any remedy if the amount paid does not truly
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