CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 28

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(4)

that payments in respect of recurrent charges, e.g. rents and interest, should not (repeat not) be re-opened;

(5) that as little as possible should be left to review at the discretion of the courts, in order to reduce to a minimum possible conflicting decisions and consequential delays resulting from appeals.

Four, Detailed proposals are:-

(1) Payments made in pre-occupation British curremy by a debtor to the creditor or his agent including Japanese custodian to constitute full discharge at normal face value and not subject to review.

(2) Payments against pre-occupation debts made in Japanese occupation currency, including in the case of absentee creditors, internees, etc., payments to the legally constituted agent of the creditor or to the Japanese Custodian of Enemy Property, to be validated in all cases except: -

(a) Special duress, i.e. duress other than the general Tear of the consequences of refusal to accept payment in Japanese currency; and

(b) Repayments of capital sums (4.6. Principal of debts) which at the time of payment were not due or were due but not demanded by the creditor or his legal agent except in cases where repayment on a certain date was of the essence of the contract. For the sake of brevity, such repayments will be referred to hereafter in this savingram as repayments of capital debts "not due". All repayments of outstanding capital debts incurred before the occupation, repayment of which was "not due" as just defined, would be revalued in accordance with a sliding scale to be fixed by rules under the necessary legislation. Furthermore repayments of capital debts "not due" made in Japanese currency after a date to be fixed would not be valid at all.

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