                           ENEMY PROPERTY  ġ CAP. 179.          1
CHAPTER 179 
ENEMY PROPERTY ACT
To make provision as respects income from moneys invested by the
Custodian of enemy property.
26th March, 1963
ACT XII of 1963, as amended by Legal Notice 46 of 1965 and Act XVI of
1999.
Title.
Interpretation.
"Custodian" means the Custodian of enemy property appointed
under article 8 of the Ordinance;
"enemy property" means any property at any time after the
coming into operation of the Ordinance belonging to or held or
managed on behalf of an enemy or enemy subject, and for the
purposes of this Act the expressions "enemy" and "enemy subject"
have the same meanings as for the purposes of the Ordinance;
"Minister" means the Minister responsible for finance;
"money due to an enemy" means money which would, but for the
existence of a state of war, have been payable to or for the benefit
of a person who was an enemy;
"Order" means the Order published in the Malta Government
Gazette of the 18th September, 1939, by Government Notice No.
457;
"Ordinance" means the Trading with the Enemy Ordinance,
1939 * ; 
"person includes a body or association of persons.
Income from 
moneys invested 
by Custodian. 
Amended by: 
L.N. 46 of 1965.
3. (1) Subject to the provisions of this Act, any income
received by the Custodian from the investment of moneys coming
into his hands in his said capacity whether in pursuance of the
Ordinance or otherwise shall belong to the Government and shall
be paid into the Consolidated Fund.
(2) The last foregoing sub-article shall be deemed to have
effect as from the coming into operation of the Order, so however
that it shall not be construed as authorising or requiring the
repayment of any sums paid by the Custodian before the passing of
this Act otherwise than into the Consolidated Fund.
(3) Where the Custodian after the coming into operation of this
Act pays to any person a capital sum on the footing that - 
( a ) it represents money which was paid to the Custodian
as being money due to an enemy, but which was not in
*Omitted both in the 1942 Revised Edition and in this Revised Edition since it was
war legislation of a temporary nature.
  2     CAP. 179. ħ                ENEMY PROPERTY 
fact due to an enemy; or 
( b ) it represents the proceeds of property which was
transferred to the Custodian as being enemy property,
but which was not in fact enemy property,
the person to whom the capital sum is paid shall be entitled to
receive from the Custodian interest thereon at the rate of three-
quarters of one per cent per annum from the date on which the
Custodian received the money referred to in paragraph ( a ) of this
sub-article or the proceeds referred to in paragraph ( b ) thereof, as
the case may be, to the date of payment of the capital sum.
(4) For the purpose of making payments under the provisions
of the last foregoing sub-article the Custodian shall set aside out of
any income such as is mentioned in sub-article (1) of this article
which he may have in his hands on the coming into operation of
this Act, or which he may thereafter receive, such sums as the
Minister may from time to time direct; and out of any sums so set
aside the Custodian shall pay any interest which may become
payable by him under the provisions of the last foregoing sub-
article and shall pay the balance thereof (if any) into the
Consolidated Fund.
Claims to the 
Board.
Added by:
XVI.1999.2.
4. (1) Notwithstanding anything contained in the Act or in
the Ordinance, a person who claims to be the owner of any property
movable or immovable administered by the Custodian, shall, not
later than the 31st December, 2002, submit a claim to the Custodian
showing that he is the enemy on whose behalf the property is
managed or a person claiming under him.
(2) There shall be a board (hereafter referred to as the Board)
composed of the Custodian, who shall be chairman, and
representatives of the Commissioner of Lands, the Accountant
General, the Permanent Secretary at the Ministry responsible for
Foreign Affairs, and the Auditor General, which shall examine all
the claims made under sub-article (1) of this article and decide
thereon.
(3) The decision of the Board shall be served on the claimant
by a judicial act, and may be appealed by application before the
Court of Appeal as if the judicial act were a judgement of the Civil
Court First Hall, delivered on the date of service of the judicial act.
(4) Where the Board or the Court of Appeal, as the case may
be, decide in favour of the claimant the Custodian shall be entitled
to deliver the property to the claimant after deducting therefrom the
fees and expenses incurred by the Custodian in the administration
of the property and its handing over.
(5) The Prime Minister may by regulations establish the fees
that may be payable in connection with claims before the Board.
(6) The Board shall regulate its own proceedings, it shall
however ensure the claimant shall have adequate opportunity to set
out his claim in writing or orally as the Board may determine.
(7) With effect from the 1st day of January, 2003, any property
administered by the Custodian in respect of which no claim has
                           ENEMY PROPERTY  ġ CAP. 179.          3
been entered as aforesaid, or if such claim has been made upon its
rejection, shall vest in the Government of Malta:
Provided that with reference to immovable property listed
in the Schedule to this Act, the rights relating to such property and
the said property shall be registered at the Land Registry in the
name of the Government of Malta with absolute title in regard to
whosoever had a right to submit a claim under this article, but with
possessory title in regard to other third parties.
(8) The property to which this article refers shall be that listed
in the Schedule to this Act.
  4     CAP. 179. ħ                ENEMY PROPERTY 
Added by: SCHEDULE
XVI.1999.2
(Article 4)
                           ENEMY PROPERTY  ġ CAP. 179.          5
  6     CAP. 179. ħ                ENEMY PROPERTY 
                           ENEMY PROPERTY  ġ CAP. 179.          7
  8     CAP. 179. ħ                ENEMY PROPERTY 
Appendix B
George Furst account (German)
- 90A, Old Theatre Street, Valletta
- 435/4 St. Paul’s Building, West Street, Valletta (often recorded as 43J/4)
Marianna and Filomena Fauci account (Italian)
- Land Tal-Inghinier, Delimara, as indicated on the site plan number 1, attached to
this Appendix
- Land Ta ċ-Ċawla, Marsascala, as indicated on the site plan number 2, attached to
this Appendix
- Land Ta’ Fwieli,  Żabbar, as indicated on the site plan number 3, attached to this
Appendix
- 181 Alley 1, Bi ċċieni Street,  Żabbar.
