1632

THE NEW ZEALAND GAZETTE.

[No. 51

Administrative officers.

70. There shall be appointed in respect of the High Court such Sheriffs, bailiffs, clerks, interpreters, or other administrative officers as the Minister deems necessary.

Seal of the High Court.

71. The High Court shall have in the custody of each Judge, Commissioner, Registrar, and Deputy Registrar a seal of the Court, in such form or forms as the Chief Judge approves, for the sealing of all orders, warrants, records, and other instruments requiring to be sealed.

Records of the High Court.

72. The Registrar of the High Court shall keep proper books in which shall be entered minutes of all proceedings in the Court, whether in its civil or criminal jurisdiction.

Jurisdiction of the High Court.

73. (1.) The High Court shall, except so far as exclusive jurisdiction is conferred upon any other Court by any regulation or Ordinance, have all jurisdiction, whether civil or criminal, which may be necessary to administer the laws of Samoa, including jurisdiction to give declaratory judgments as to the rights of the parties in civil proceedings, although no consequential relief is or could be claimed in such proceedings.

(2.) Where in any civil proceeding the amount claimed does not exceed twenty pounds the Court shall be at liberty to give such judgment between the parties as it finds to stand with equity and good conscience.

Rules and procedure of Court.

74. (1.) The rules of Court determining the practice, procedure, and powers of the High Court, whether in its civil or criminal jurisdiction, shall be such as may be made in that behalf by the Governor-General by Order in Council.

(2.) Subject to the provisions of this Order and of rules of Court, the practice and procedure of the High Court in the exercise of its civil and criminal jurisdiction shall be such as the Court thinks in each case to be most consistent with natural justice and convenience.

Memorials and execution of judgments.

75. (1.) Any person in whose favour any judgment whereby any sum of money is made payable has been obtained in civil proceedings in the High Court of Western Samoa may cause a memorial thereof, authenticated by the seal of the High Court, to be filed in any office of the Supreme Court of New Zealand.

(2.) Judicial notice may be taken by the Supreme Court of the seal of the High Court so affixed to any such memorial.

(3.) Every such memorial shall set forth the names and additions of the parties to the proceeding in which such judgment was given, the form or nature of the proceeding, the date on which the judgment was given, and the amount payable thereunder.

(4.) Every such memorial being so filed shall thenceforth be a record of such judgment, and execution may issue thereon with the leave of the Supreme Court, in the same manner as if the like judgment had been given by the Supreme Court, subject, however, to such terms and conditions as the Supreme Court may think fit to impose.

(5.) Leave to issue such execution may be given by the Supreme Court on the application of the party by whom the memorial was filed, and either ex parte or on notice to the party against whom execution is to be issued, as the Supreme Court thinks fit.

(6.) Such leave shall not be granted unless the Supreme Court is satisfied, by affidavit or otherwise,—

(a.) That the person against whom execution is to be issued was resident or present in Samoa at the commencement of the proceedings in which the judgment was given; or

(b.) That the cause of action in such proceedings or some material part of that cause of action arose in Samoa.

(7.) Every such affidavit shall, if made in Samoa, be sworn before a Judge or Commissioner of the High Court.

Contempt of Court defined.

76. Every person is guilty of contempt of the High Court who—

(a.) Disobeys any judgment or order of that Court, or of any Judge or Commissioner thereof, otherwise than by making default in the payment of a sum of money (other than a penalty) payable under such judgment or order; or