April 24.] THE NEW ZEALAND GAZETTE. 421

cessor shall be duly elected according to the laws and
customs of Samoa.

ART. II.—A Declaration respecting the Modification of ex-
isting Treaties, and the Assent of the Samoan Govern-
ment to this Act.

Considering that the following provisions of this general
Act cannot be fully effective without a modification of cer-
tain provisions of the treaties heretofore existing between
the three Powers respectively and the Government of
Samoa, it is mutually declared that in every case where the
provisions of this Act shall be inconsistent with any pro-
vision of such treaty or treaties, the provisions of this Act
shall prevail.

Considering further, that the consent of the Samoan Gov-
ernment is requisite to the validity of the stipulations here-
inafter contained, the three Powers mutually agree to
request the assent of the Samoan Government to the same,
which, when given, shall be certified in writing to each of
the three Governments, through the medium of their re-
spective Consuls in Samoa.

ART. III.—A Declaration respecting the Establishment of a
Supreme Court of Justice for Samoa, and defining its
Jurisdiction.

Sec. 1. A Supreme Court shall be established in Samoa,
to consist of one Judge, who shall be styled Chief Justice
of Samoa, and who shall appoint a Clerk and a Marshal of
the Court; and record shall be kept of all orders and de-
cisions made by the Court, or by the Chief Justice, in the
discharge of any duties imposed on him under this Act.
The Clerk and Marshal shall be allowed reasonable fees to
be regulated by order of the Court.

Sec. 2. With a view to secure judicial independence and
the equal consideration of the rights of all parties, irre-
spective of nationality, it is agreed that the Chief Justice
shall be named by the three signatory Powers in common
accord; or, failing their agreement, he may be named by
the King of Sweden and Norway. He shall be learned in
law and equity, of mature years, and of good repute for his
sense of honour, impartiality, and justice.

His decision upon questions within his jurisdiction shall
be final. He shall be appointed by the Samoan Government
upon the certificate of his nomination, as herein provided.
He shall receive an annual salary of 6,000 dollars in gold, or
its equivalent, to be paid the first year in equal proportions
by the three treaty Powers, and afterward out of the re-
venues of Samoa apportioned to the use of the Samoan
Government, upon which his compensation shall be the first
charge. Any deficiency therein shall be made good by the
three Powers in equal shares.

The powers of the Chief Justice, in case of a vacancy
of that office from any cause, shall be exercised by the
President of the Municipal Council, until a successor shall
be duly appointed and qualified.

Sec. 3. In case either of the four Governments shall at
any time have cause of complaint against the Chief Justice
for any misconduct in office, such complaint shall be pre-
sented to the authority which nominated him, and if, in the
judgment of such authority, there is sufficient cause for his
removal, he shall be removed. If the majority of the three
treaty Powers so request, he shall be removed. In either
case of removal, or in case the office shall become otherwise
vacant, his successor shall be appointed as hereinbefore
provided.

Sec. 4. The Supreme Court shall have jurisdiction of all
questions arising under the provisions of this general Act,
and the decision or order of the Court thereon shall be
conclusive upon all residents of Samoa. The Court shall
also have appellate jurisdiction over all Municipal Magis-
trates and officers.

Sec. 5. The Chief Justice is authorised, at his own dis-
cretion, and required upon written request of either party
litigant, to appoint Assessors, one of the nationality of each
litigant, to assist the Court, but without voice in the
decision.

Sec. 6. In case any question shall hereafter arise in
Samoa respecting the rightful election or appointment of
King or of any other Chief claiming authority over the
islands, or respecting the validity of the powers which the
King or any Chief may claim in the exercise of his office,
such question shall not lead to war, but shall be presented
for decision to the Chief Justice of Samoa, who shall decide
it in writing, conformably to the provisions of this Act and
to the laws and customs of Samoa not in conflict therewith;
and the signatory Governments will accept and abide by
such decision.

Sec. 7. In case any difference shall arise between either of
the treaty Powers and Samoa which they shall fail to adjust
by mutual accord, such difference shall not be held cause
for war, but shall be referred for adjustment, on the prin-
ciples of justice and equity, to the Chief Justice of Samoa,
who shall make his decision thereon in writing.

Sec. 8. The Chief Justice may recommend to the Govern-

ment of Samoa the passage of any law which he shall
consider just and expedient for the prevention and punish-
ment of crime and for the promotion of good order in Samoa
outside the municipal district, and for the collection of taxes
without the district.

Sec. 9. Upon the organization of the Supreme Court there
shall be transferred to the exclusive jurisdiction—
(1.) All civil suits concerning real property situated in
Samoa, and all rights affecting the same:
(2.) All civil suits of any kind between natives and
foreigners or between foreigners of different nationalities:
(3.) All crimes and offences committed by natives against
foreigners, or committed by such foreigners as are not
subject to any consular jurisdiction, subject, however, to the
provisions of section 4, Article V., defining the jurisdiction of
the Municipal Magistrate of the District of Apia.

Sec. 10. The practice and procedure of common law,
equity, and Admiralty, as administered in the Courts of
England, may be, so far as applicable, the practice and pro-
cedure of this Court, but the Court may modify such practice
and procedure from time to time as shall be required by local
circumstances. The Court shall have authority to impose,
according to the crime, the punishment established therefor
by the laws of the United States, of England, or of Germany,
as the Chief Justice shall decide most appropriate, or, in the
case of native Samoans and other natives of the South Sea
Islands, according to the laws and customs of Samoa.

Sec. 11. Nothing in this article shall be so construed as
to affect existing consular jurisdiction over all questions
arising between masters and seamen of their respective na-
tional vessels; nor shall the Court take any ex post facto or
retroactive jurisdiction over crimes or offences committed
prior to the organization of the Court.

ART. IV.—A Declaration respecting Titles to Land in Samoa,
and restraining the Disposition thereof by Natives; and
providing for the Investigation of Claims thereto, and for
the Registration of valid Titles.

Sec. 1. In order that the native Samoans may keep
their lands for cultivation by themselves and by their child-
ren after them, it is declared that all future alienation of
lands in the islands of Samoa to the citizens or subjects of
any foreign country, whether by sale, mortgage, or otherwise,
shall be prohibited, subject to the following exceptions:—
(a.) Town lots and lands within the limits of the municipal
district, as defined in this Act, may be sold or leased by the
owner for a just consideration, when approved in writing by
the Chief Justice of Samoa.
(b.) Agricultural lands in the islands may be leased for a
just consideration, and with carefully defined boundaries, for
a term not exceeding forty years, when such lease is approved
in writing by the chief executive authority of Samoa and by
the Chief Justice.
But care shall be taken that the agricultural lands and
natural fruit-lands of Samoans shall not be unduly
diminished.

Sec. 2. In order to adjust and settle all claims by aliens of
titles to land, or any interests therein, in the islands of
Samoa, it is declared that a Commission shall be appointed,
to consist of three impartial and competent persons, one to
be named by each of the three treaty Powers, to be assisted
by an officer to be styled "Natives' Advocate," who shall be
appointed by the Chief Executive of Samoa, with the approval
of the Chief Justice of Samoa.
Each Commissioner shall receive during his necessary
term of service a compensation at the rate of $300 per
month and his reasonable fare to and from Samoa. The
reasonable and necessary expenses of the Commission for
taking evidence and making surveys (such expenses to be
approved by the Chief Justice) shall also be paid, one-third
by each of the treaty Powers.
The compensation of the Natives' Advocate shall be fixed
and paid by the Samoan Government.
Each Commissioner shall be governed by the provisions of
this Act; and shall make and subscribe an oath before the
Chief Justice that he will faithfully and impartially perform
his duty as such Commissioner.

Sec. 3. It shall be the duty of this Commission, imme-
diately upon their organization, to give public notice that all
claims on the part of any foreigner to any title or interest in
lands in Samoa must be presented to them, with due de-
scription of such claim and all written evidence thereof,
within four months of such notice for the purpose of examina-
tion and registration; and that all claims not so represented
will be held invalid and for ever barred; but the Chief
Justice may allow a reasonable extension of time for the pro-
duction of such evidence when satisfied that the claimant
has after due diligence been unable to produce the same
within the period aforesaid.
This notice shall be published in Samoa in the German,
English, and Samoan languages as directed by the Commis-
sion.
The labours of the Commission shall be closed in two
years, and sooner if practicable.