Samoa Constitution Order




1622
THE NEW ZEALAND GAZETTE.
[No. 51

PART XII.
PERSONS OF UNSOUND MIND.
Orders of Medical Custody.

  1. Application by Chief Medical Officer to High Court.
  2. Hearing of application.
  3. Order of medical custody.
  4. Renewal of order.
  5. Cancellation of order.
  6. Discharge from custody.
  7. Arrest and detention of persons committed to medical custody.
  8. Removal from Samoa to New Zealand.
  9. Conditions of removal.
  10. Method of removal.
  11. Persons so removed to New Zealand to be brought before a Magistrate.
  12. Magistrate may make a reception order.
  13. Warrant for arrest of persons of unsound mind.
  14. Arrest of persons of unsound mind without warrant.

Criminal Lunatics.

  1. Insane persons not to be tried for offences.
  2. Detention of accused persons acquitted on ground of insanity.
  3. Discharge.
  4. Orders of medical custody of criminal lunatics.
  5. Defence of insanity in criminal prosecutions.

PART XIII.
INTOXICATING LIQUOR.

  1. Manufacture of intoxicating liquor prohibited.
  2. Importation of intoxicating liquor prohibited.
  3. Sale of intoxicating liquor prohibited.
  4. Giving intoxicating liquor to a Samoan prohibited.
  5. Administrator may import liquor for medical services or for sale.
  6. “Intoxicating liquor” defined.

PART XIV.
THE PUBLIC TRUSTEE.

  1. Authority, powers, and functions of Public Trustee extended to Samoa.
  2. Public Trustee as executor of a will.
  3. Grant to Public Trustee of letters of administration.
  4. Removal of executor or administrator from office, and appointment of Public Trustee.
  5. Appointment of Public Trustee as trustee by High Court.
  6. Appointment of Public Trustee as trustee by persons settling property or having power to appoint trustee.
  7. Appointment of Public Trustee as committee of estate of person of unsound mind.
  8. Regulations or Ordinances as to insolvent and other estates.
  9. Powers and functions of Public Trustee.
  10. Remuneration of Public Trustee.
  11. Samoan Deputy Public Trustee.
  12. Power of delegation.
  13. Profits of Public Trustee.

PART XV.
ROADS.

  1. “Road” defined.
  2. Existing roads.
  3. Proclamation of existing roads.
  4. Proclamation of new roads.
  5. Roads to be vested in the Crown. Formation, maintenance, and repair.
  6. Closing of roads.
  7. Warrant as to roads to be gazetted.

PART XVI.
THE LAWS OF SAMOA: GENERAL PROVISIONS.

  1. Law of England as in the year 1840 to be in force in Samoa. Jurisdiction of the High Court.
  2. Common law and equity to be administered concurrently.
  3. Statute law of New Zealand not applicable to Samoa.
  4. Statute of Frauds and Statute of Frauds Amendment Act, 1828, not in force in Samoa.
  5. Common law rules disqualifying aliens from acquiring or holding land not in force in Samoa.
  6. When Act in force in Samoa amendments and regulations to be in force also.
  7. Acts in force in Samoa to be read subject to this Order.
  8. Criminal procedure in Samoa.
  9. Copyright Act, 1913, in force in Samoa.
  10. Patents, Designs, and Trade-marks Act, 1911, in force in Samoa.
  11. Prescription and limitation of actions.
  12. Legal capacity and status of married women.
  13. Employer’s liability.
  14. No distress for rent.
  15. Calendar of Samoa.
  16. Banking.
  17. Currency.
  18. Statutory declarations.
  19. Contracts by Samoans.
  20. Securities given by Samoans.
  21. Succession to property of Samoans.
  22. Warrants of arrest.
  23. Application of specific Acts.
  24. Acts Interpretation Act, 1908, in force in Samoa.

PART XVII.
TRANSITORY PROVISIONS.

  1. Repeal of existing laws and abolition of Courts and public offices of Samoa.
  2. Saving of existing rights and liabilities.
  3. Taxes, fees, and assessments to continue until abolished.
  4. Property of German Government to vest in His Majesty.
  5. Continuance of corporate bodies.
  6. Appointments.
  7. Military government to continue until commencement of Order.
  8. Debts, liabilities, and assets of the military administration of Samoa.
    Schedules.


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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





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🌏 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, Intoxicating Liquor, Public Trustee, Roads, General Provisions, Transitory Provisions