Samoa Constitution Order




May 21.] THE NEW ZEALAND GAZETTE. 1621

  1. Extended definition of forgery.
  2. Making counterfeit coin.
  3. Lightening coin.
  4. Uttering counterfeit coin.
  5. Arson.
  6. Wilful mischief to property.
  7. Provoking breach of the peace.
  8. Disorderly conduct in public places.
  9. Furious driving.
  10. Cattle trespass.
  11. Obstructing public place.
  12. Drunkenness.
  13. Prostitution.
  14. Laying poison.
  15. Polluting water.
  16. Sale of unwholesome provisions.
  17. Insanitary premises.
  18. Wilful trespass.
  19. Cruelty to animals.
  20. Falsely trading as an incorporated company.
  21. Conspiracy.
  22. Attempts.
  23. Inciting.
  24. Parties to offences.
  25. Common criminal purpose.
  26. Counselling or procuring.
  27. Common-law defences.
  28. Common-law offences.
  29. Sentence of death.
  30. Maximum fines and terms of imprisonment.
  31. Enforcement of fines.
  32. Imprisonment in Samoa.
  33. Imprisonment and hard labour.
  34. Transfer of prisoners to New Zealand.
  35. Exile.
  36. Cumulative sentences.

PART VI.

CRIMINAL PROCEDURE.

  1. Jurisdiction of High Court.
  2. Felonies and misdemeanours.
  3. Information.
  4. Warrant or summons.
  5. Committal for trial or admission to bail where accused in custody.
  6. Trial of accused in his absence.
  7. Arrest without warrant.

Assessors.

  1. Constitution of Court on criminal trials.
  2. Court with assessors.
  3. Court without assessors.
  4. Discretion of Court as to assessors.
  5. Number and qualifications of assessors.
  6. Default of assessors.
  7. Remuneration of assessors.
  8. Oath of assessors.
  9. Change of assessors.
  10. Discharge of assessors and new trial.
  11. Concurrence of assessors.
  12. Concurrence of Court.
  13. Sentence.
  14. Concurrence of assessors not necessary except for conviction.

Miscellaneous.

  1. Alternative and cumulative charges.
  2. Relation between information and conviction.
  3. Withdrawal of information.
  4. Drawing-up of conviction.
  5. Defects of information, summons, or warrant.
  6. Payment of witnesses.
  7. Conviction without sentence.
  8. Bail.
  9. Stay of proceedings by Attorney-General.
  10. Search-warrants.
  11. Pardon and remission of sentence.

PART VII.

LAW OF EVIDENCE.

  1. Definitions.

  2. Discretionary power of admitting evidence.

  3. Discretionary power of rejecting evidence.

  4. All witnesses competent.

  5. Evidence of parties and their husbands and wives.

  6. Evidence of accused persons and their husbands and wives.

  7. Cross-examination as to credit.

  8. Criminating questions.

  9. Evidence of prisoners.

  10. Judicial notice.

  11. Judicial notice.

  12. Power to administer oaths or to take affirmations.

  13. Form of oath.

  14. Form of oath.

  15. Absence of religious belief.

  16. Affirmation in lieu of oath.

  17. Evidence of children without oath.

  18. Necessity of oath.

PART VIII.

CROWN SUITS.

  1. Prosecution of claims against His Majesty.
  2. Authority of Attorney-General and Solicitor-General.
  3. Prosecution of claims by His Majesty.
  4. Warrant to sue in name and on behalf of His Majesty.

PART IX.

LAND.

  1. Classification of land in Samoa.

Crown Land.

  1. Grants of Crown land.
  2. Reserves of Crown lands for public purposes.
  3. Taking of land for public purposes.
  4. Resumption of Crown land for public purposes.
  5. Purchase of land for public purposes.
  6. Control of Crown land by Administrator.
  7. “Public purpose” defined.
  8. Foreshore and tidal lands and waters.

European Land.

  1. Ownership in European land.

Native Land.

  1. Ownership in Native land.
  2. Saving of existing interests in Native land.
  3. Alienation of land by Samoans.
  4. Native title not to avail against the Crown.
  5. Proclamation to be conclusive as to Native title.
  6. No alienation of land by the Crown to be invalid by reason of Native title thereto not having been duly extinguished.

PART X.

MARRIAGE.

  1. Prohibited degrees of consanguinity.
  2. Marriages to take place before marriage officer.
  3. “Marriage officer” defined.
  4. Appointment of marriage officers.
  5. Offence.
  6. Notice of marriage.
  7. Mode of solemnization.
  8. Record of marriage.
  9. Signature of record.
  10. Transmission of record.
  11. Minimum age of marriage.
  12. Marriage of minors.
  13. Offence.
  14. Offence.
  15. Offence.
  16. Legitimation per subsequens matrimonium.

PART XI.

DIVORCE.

  1. Jurisdiction of High Court.
  2. Limitation of jurisdiction.
  3. Nullity of marriage.
  4. Grounds of divorce.
  5. Grounds of refusal of divorce.
  6. Domicile of deserted wife.
  7. Co-respondent as a party.
  8. Intervention.
  9. Agreement no bar to divorce.
  10. No appeal to Supreme Court.
  11. Remarriage of divorced persons.
  12. Costs.
  13. Order for maintenance of divorced wife.
  14. Order for custody of children.
  15. Molestation of divorced wife by her husband.
  16. Jurisdiction of Supreme Court.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 51


NZLII PDF NZ Gazette 1920, No 51





✨ LLM interpretation of page content

🌏 The Samoa Constitution Order, 1920 (continued from previous page)

🌏 External Affairs & Territories
Constitution, Samoa, Criminal Offences, Criminal Procedure, Law of Evidence, Crown Suits, Land, Marriage, Divorce