422
THE NEW ZEALAND GAZETTE.
[No. 21

Sec. 4. It shall be the duty of the Commission to investi-
gate all claims of foreigners to land in Samoa, whether
acquired from natives or from aliens, and to report to the
Court in every case the character and description of the
claim, the consideration paid, the kind of title alleged to be
conveyed, and all the circumstances affecting its validity,—
(a.) Whether the sale or disposition was made by the
rightful owner or native entitled to make it:
(b.) Whether it was for a sufficient consideration:
(c.) The identification of the property affected by such sale
or disposition.

Sec. 5. The Commission whenever the case requires it
shall endeavour to effect a just and equitable compromise
between litigants. They shall also report to the Court
whether the alleged title should be recognised and regis-
tered or rejected, in whole or in part, as the case may re-
quire.

Sec. 6. All disputed claims to land in Samoa shall be
reported by the Commission to the Court, together with all
the evidence affecting their validity; and the Court shall
make final decision thereon in writing, which shall be
entered on its record.

Undisputed claims, and such as shall be decided valid by
the unanimous voice of the Commission, shall be confirmed
by the Court in proper form in writing, and be entered of
record.

Sec. 7. The Court shall make provision for a complete
registry of all valid titles to land in the islands of Samoa
which are or may be owned by foreigners.

Sec. 8. All lands acquired before the 28th day of August,
1879—being the date of the Anglo-Samoan Treaty—shall be
held as validly acquired (but without prejudice to rights of
third parties) if purchased from Samoans in good faith, for a
valuable consideration, in a regular and customary manner.
Any dispute as to the fact or regularity of such sale shall be
examined and determined by the Commission, subject to the
revision and confirmation of the Court.

Sec. 9. The undisputed possession and continuous cultiva-
tion of lands by aliens for ten years or more shall constitute
a valid title by prescription to the lands so cultivated, and
an order for the registration of the title thereto may be
made.

Sec. 10. In cases where land acquired in good faith has
been improved or cultivated upon a title which is found to be
defective, the title may be confirmed in whole or in part upon
the payment by the occupant to the person or persons en-
titled thereto of an additional sum, to be ascertained by the
Commission and approved by the Court as equitable and
just.

Sec. 11. All claims to land, or to any interest therein, shall
be rejected and held invalid in the following cases:—
(a.) Claims based upon mere promises to sell, of options to
buy:
(b.) Where the deed, mortgage, or other conveyance con-
tained, at the time it was signed, no description of the land
conveyed sufficiently accurate to enable the Commission to
define the boundaries thereof:
(c.) Where no consideration is expressed in the conveyance,
or, if expressed, has not been paid in full to the grantor, or if
the consideration at the time of the conveyance was mani-
festly inadequate and unreasonable:
(d.) Where the conveyance, whether sale, mortgage, or
lease, was made upon the consideration of a sale of firearms
or munitions of war, or upon the consideration of intoxicating
liquors, contrary to the Samoan law of the 25th October,
1880, or contrary to the municipal regulations of the 1st
January, 1880.

Sec. 12. The Land Commission may at its discretion,
through the local Government of the district in which the
disputed land is situated, appoint a native Commission to
determine the native grantor's right of ownership and sale;
and the result of that investigation, together with all other
facts pertinent to the question of validity of title, shall be
laid before the Commission, to be by them reported to the
Court.

Art. V.—A Declaration respecting the Municipal District of
Apia, providing a Local Administration therefor, and de-
fining the Jurisdiction of the Municipal Magistrate.

Sec. 1. The Municipal District of Apia is defined as fol-
lows: Beginning at Vailoa, the boundary passes thence
westward along the coast to the mouth of the River Fuluasa,
thence following the course of the river upwards to the point
at which the Alafuala Road crosses said river, thence fol-
lowing the line of said road to the point where it reaches
the River Vaisinago, and thence in a straight line to the
point of beginning at Vailoa, embracing also the waters of
the harbour of Apia.

Sec. 2. Within the aforesaid district shall be established a
Municipal Council, consisting of six members and a Presi-
ident of the Council, who shall also have a vote.

Each member of the Council shall be a resident of the
said district, and owner of real estate, or conductor of a
profession or business in said district which is subject to a
rate or tax not less in amount than $5 per annum.

For the purpose of the election of members of the Council
the said district shall be divided into two or three electoral
districts, from each of which an equal number of Councillors
shall be elected by the taxpayers thereof qualified as afore-
said, and the members elected from each electoral district
shall have resided therein for at least six months prior to
their election.

It shall be the duty of the consular representatives of the
three treaty Powers to make the said division into electoral
districts as soon as practicable after the signing of this Act.
In case they fail to agree thereon, the Chief Justice shall
define the electoral districts. Subsequent changes in the
number of Councillors or the number and location of elec-
toral districts may be provided for by municipal ordinance.

The Councillors shall hold their appointment for a term of
two years, and until their successors shall be elected and
qualified.

In the absence of the President the Council may elect a
Chairman pro tempore.

Consular officers shall not be eligible as Councillors, nor
shall Councillors exercise any consular functions during
their term of office.

Sec. 3. The Municipal Council shall have jurisdiction over
the Municipal District of Apia so far as necessary to enforce
therein the provisions of this Act which are applicable to said
district, including the appointment of a Municipal Magis-
trate, and of the necessary subordinate officers of justice and
of administration therein; and to provide for the security in
said district of person and property; for the assessment and
collection of the revenues therein as herein authorised; and
to provide proper fines and penalties for the violation of the
laws and ordinances which shall be in force in said district
and not in conflict with this Act, including sanitary and
police regulations. They shall establish pilot charges, port
dues, quarantine, and other regulations of the Port of Apia,
and may establish a local postal system. They shall also fix
the salary of the Municipal Magistrate, and establish the
fees and charges allowed to other civil officers of the district,
excepting Clerk and Marshal of the Supreme Court.

All ordinances, resolutions, and regulations passed by this
Council before becoming law shall be referred to the con-
sular representatives of the three treaty Powers sitting con-
jointly as a Consular Board, who shall either approve and
return such regulations, or suggest such amendments as may
be unanimously deemed necessary by them.

Should the Consular Board not be unanimous in approving
the regulations referred to them, or should the amendments
unanimously suggested by the Consular Board not be ac-
cepted by a majority of the Municipal Council, then the
regulations in question shall be referred for modification and
final approval to the Chief Justice of Samoa.

Sec. 4. The Municipal Magistrate shall have exclusive
jurisdiction in the first instance over all persons, irrespective
of nationality, in case of infraction of any law, ordinance, or
regulation passed by the Municipal Council in accordance
with the provisions of this Act, provided that the penalty
does not exceed a fine of $200, or imprisonment for a longer
term than 180 days.

In cases where the penalty imposed by the Municipal
Magistrate shall exceed a fine of $20, or a term of ten days'
imprisonment, an appeal may be taken to the Supreme
Court.

Sec. 5. The President of the Municipal Council shall be a
man of mature years, and of good reputation for honour, jus-
tice, and impartiality. He shall be agreed upon by the
three Powers, or, failing such agreement, he shall be selected
from the nationality of Sweden, the Netherlands, Switzer-
land, Mexico, or Brazil, and nominated by the Chief Execu-
tive of the nation from which he is selected, and appointed
by the Samoan Government upon certificate of such nomina-
tion.

He may act under the joint instruction of the three
Powers, but shall receive no separate instruction from
either. He shall be guided by the spirit and provisions of
this general Act, and shall apply himself to the promotion
of the peace, good order, and civilisation of Samoa. He
may advise the Samoan Government when occasion requires,
and shall give such advice when requested by the King, but
always in accordance with the provisions of this Act, and
not to the prejudice of the rights of either of the treaty
Powers.

He shall receive an annual compensation of $5,000, to be
paid the first year in equal shares by the three treaty
Powers, and afterward out of that portion of Samoan
revenues assigned to the use of the municipality, upon which
his salary shall be the first charge.

He shall be the receiver and custodian of the revenues
accruing under the provisions of this Act, and shall render
quarterly reports of his receipts and disbursements to the
King and to the Municipal Council.

He shall superintend the Harbour and Quarantine Regu-
lations, and shall, as the Chief Executive Officer, be in