994
THE NEW ZEALAND GAZETTE.
[No. 52

the consequent abrogation of previously-existing regulations of the municipality of Apia.

The regulations now transmitted for your Excellency's information, are in general conformity with those now enforced by the de facto Government of the islands, which however at present exercises no jurisdiction over the subjects of Her Majesty.

I have, &c.,

JOHN B. THURSTON.

His Excellency Sir W. F. D. Jervois, G.C.M.G., C.B.,
Governor of New Zealand.

—

No. 2 of 1888.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, Empress of India, &c.

A REGULATION (made in the name and on behalf of Her Majesty by Her Majesty’s High Commissioner for the Western Pacific, under the provisions of the Western Pacific Order in Council, 1879) for the Preservation of Good Order in the Town and Harbour of Apia, Samoa. (L.S.)

JOHN B. THURSTON.

31st July, 1888.

1. NOTHING in this regulation contained shall be construed to take away or diminish the power of the High Commissioner’s Court to award any punishment which may now be awarded by the Court for any of the offences named in this regulation.

INTERPRETATION.

2. The following words and expressions in this regulation shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say,—

“Apia” shall include the Town and District of Apia, being the space comprised within the following limits, that is to say, commencing at Vailoa, passing thence along the coast to the mouth of the Fuluasa River, thence up the course of the Fuluasa River to the point at which the Alafaalava Road crosses such river, thence along the said road to the point where it reaches the River Vaisigano, and thence in a straight line to the point of commencement:

“The harbour” shall include the waters lying between the sea-reef and the coast, and bounded on the east and west by lines running north from the British Consulate and from the northern end of Mulinuu Point:

“British Consul” shall mean the senior British Consular Officer at Apia:

“Samoan Government” shall mean such body as is recognised by the British Consul on behalf of Her Majesty as exercising the functions of Government in Apia for the time being:

“Health Officer” shall mean any duly-qualified person appointed by the Samoan Government to be Health Officer in Apia:

“Harbourmaster” shall mean any duly-qualified person appointed by the Samoan Government to perform the duties of Harbourmaster in the harbour:

“Street” shall include any road, square, court, alley, lane, wharf, jetty, thoroughfare, or public passage or highway within the Town of Apia:

“Publican” shall mean any British subject keeping a house in Apia for the sale of fermented and spirituous liquors to be consumed on the premises:

“Cattle” shall include horses, asses, mules, kine, sheep, goats, and swine, as well as horned cattle.

PART I.

STREETS AND PUBLIC PLACES.

3. Every British subject who shall in Apia commit any of the following offences:—

(1.) Ride or drive in any street any cattle or vehicle so as to endanger public safety;

(2.) Ride or drive over any bridge except at a walking pace;

(3.) Ride any horse, mule, or ass without a proper bridle;

(4.) Lead or drive any cattle without proper and sufficient assistance;

(5.) Play cricket in any street, or play cricket except within a space at a distance of not less than 16 yards from any street;

(6.) Indecently expose himself in any street or other public place;

shall, on conviction, be liable to a penalty not exceeding £2 for each offence, and in default of payment thereof to imprisonment, with or without hard labour, for any term not exceeding fourteen days.

PART II.

PUBLIC HEALTH.

4. Every British subject who erects any building or part of a building, except as hereinafter provided, on the north or sea-side of the principal public road between the store now occupied by Mr. Thomas Throod, in Matafele, and the store now occupied by Messrs. Ruge and Co., at Matautu, shall, on conviction, forfeit a sum not exceeding £5, and in default of payment thereof shall be imprisoned, with or without hard labour, for any term not exceeding one month; and the Court may inflict, in addition to such punishment by imprisonment or fine, a further fine not exceeding 10s. a day for every day during which such building or part of a building remains, counting from the day on which such building or part of a building was erected until the day on which it shall be removed: Provided always that it shall be lawful for any British subject to serve the Health Officer with a written notice that it is his intention to apply to the British Consul, after an interval of not less than six days, for permission to erect a boathouse or similar small structure near the water, and the British Consul may fix a day, notice of which shall be given to the Health Officer, to hear objections against the erection of the proposed small structure; and if the British Consul is of opinion, after hearing the objections, if any, that such structure can be erected without interfering with the public convenience and the free circulation of air in the Town of Apia, he shall give a certificate to that effect to the applicant.

5. Every British subject occupying or owning buildings in Apia shall weed and keep clear the space between such buildings and the street. Every person neglecting to carry out the provisions of this section shall, on conviction, forfeit a sum not exceeding £2 for each offence, and in default of payment thereof shall be imprisoned with or without hard labour for any term not exceeding fourteen days.

6. Every British subject suffering from an infectious or contagious disease, or who occupies any building in which there is any person suffering from any such disease, shall give written notice of the same to the Health Officer as soon as such British subject shall become aware of the existence of such disease; and it shall be lawful for the Health Officer to declare to be infected any such premises on which there is or has been any person suffering from any such disease, and to forbid communication between persons inside and persons outside the said premises, except in such manner as such Health Officer shall in writing direct: Provided always that if the existence of any infectious or contagious disease shall come to the knowledge of the Health Officer without any notification as aforesaid, or when in the early and imperfectly diagnosed stage of any disease the Health Officer shall deem it necessary for the public safety, it shall be lawful for such Health Officer to declare any such premises to be infected, and to forbid any communication therewith excepting in the manner provided for in this section.

7. Every British subject who is guilty of a breach of the provisions of the section next preceding shall, on conviction, suffer imprisonment for any term not exceeding three months, with or without hard labour, and with or without a fine not exceeding £10, or shall forfeit a sum not exceeding £10 without any imprisonment, at the discretion of the Court.

PART III.

HARBOUR AND VESSELS.

8. The master of every British vessel riding at anchor in the harbour shall, if so directed by the Harbourmaster, exhibit from sunset to sunrise a bright white light not less than 15ft. from deck, under the forestay of such vessel, and the master or owner or person in charge of every such vessel on which such light is not so displayed shall, on conviction thereof, be liable to a fine not exceeding £1, and in default of payment thereof to imprisonment for any term not exceeding seven days.

9. Any British subject who shall throw or cause to be thrown any rubbish, ballast, earth, or refuse into the harbour without the permission of the Harbourmaster, or except at such place and in such manner as the Harbourmaster may direct, shall, on conviction for every such offence, be liable to a penalty not exceeding £10, and in default of payment thereof to imprisonment not exceeding one month.

10. Every British subject who uses dynamite or other explosive substance to catch or destroy fish in the harbour shall be liable to a fine not exceeding £5, or, in the discretion of the Court, to be imprisoned, with or without hard labour, for a term not exceeding fourteen days.

11. Every British subject supplying or conveying, or causing to be supplied or conveyed, any intoxicating liquor on board of any vessel in the harbour without an order or permit in writing, signed by the master of such vessel, shall, on conviction, be liable to a penalty not exceeding £10, or, at the discretion of the Court, to imprisonment for any term not exceeding two months.

PART IV.

PUBLICHOUSES.

12. No publican shall keep his premises open for the sale of liquor, or shall sell any liquor or permit the same to be