✨ Legal Provisions for Samoa
MAY 21.] THE NEW ZEALAND GAZETTE. 1663
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In every enactment in force in Samoa every reference to the trial of offences by way of indictment or by way of summary proceedings shall, in the application of that enactment to Samoa, be construed as a reference to the trial of such offences by the High Court in the ordinary course of its criminal jurisdiction and procedure.
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(1.) The Copyright Act, 1913, shall apply to Samoa in the same manner in all respects as if Samoa was part of New Zealand, and the term “New Zealand” as used in that Act shall, both in New Zealand and in Samoa, be construed as including Samoa accordingly.
(2.) The High Court shall have no jurisdiction in civil proceedings under that Act. -
(1.) The Patents, Designs, and Trade-marks Act, 1911, shall apply to Samoa in the same manner in all respects as if Samoa was part of New Zealand, and the term “New Zealand” as used in that Act shall, both in New Zealand and in Samoa, be construed as including Samoa accordingly.
(2.) The High Court shall have no jurisdiction in civil proceedings under that Act.
(3.) All patents in force in New Zealand at the commencement of this Order shall extend to and be in force in Samoa in the same manner as in New Zealand.
(4.) All designs and trade-marks registered in New Zealand at the commencement of this Order shall have the same protection in Samoa as in New Zealand. -
Save so far as may be otherwise provided by regulation or Ordinance, the law of Samoa as to prescription and the limitation of suits and actions shall be the same as that which is in force for the time being in New Zealand.
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(1.) Save where otherwise provided by this Order or by any Ordinance, the legal capacity of a married woman, whether contractual, proprietary, testamentary, or of any other kind whatsoever, shall be the same as that of an unmarried woman, and marriage shall not, save in respect of intestate succession, confer on either party thereto any rights to or in respect of the property of the other.
(2.) Nothing in this clause shall affect the validity or operation of a restraint on anticipation. -
When in any action for damages the cause of action depends on the negligence of a servant of the defendant, it shall be no defence that the plaintiff was engaged in common employment with that servant.
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(1.) Notwithstanding anything to the contrary in any Act, or in any rule of law or in any lease, it shall not be lawful for any person to distrain for rent.
(2.) This clause shall extend and apply to leases granted by the Crown. -
The calendar in Samoa shall be one day behind the calendar in New Zealand, so that the first day of January in Samoa shall be that day which is coincident for the most part of its duration with the second day of January in New Zealand, and so on from day to day throughout the year, and so that Sunday in Samoa shall be that day which is coincident for the most part of its duration with Monday in New Zealand, and so on from day to day throughout the week.
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(1.) It shall not be lawful for any person, firm, or company to carry on the business of banking in Samoa, except under the authority of an Order in Council and in accordance with the terms and conditions prescribed by that Order.
(2.) It shall not be lawful for any bank to issue bank-notes in Samoa. -
(1.) Save as is otherwise herein or in any Act or regulation expressly provided, the currency, coinage, and legal tender of Samoa shall be the same as that of New Zealand.
(2.) The Minister of External Affairs may issue Samoan Treasury notes in such form and of such denominations, not exceeding five pounds and not less than five shillings, as he thinks fit, and such notes shall be legal currency and tender in Samoa and shall be negotiable and transferable by delivery.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1920, No 51
NZLII —
NZ Gazette 1920, No 51
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General Provisions of the Laws of Samoa
(continued from previous page)
🌏 External Affairs & TerritoriesLaw of England, Common Law, Equity, Statute Law, High Court, Jurisdiction, Samoa, Copyright Act, Patents, Designs, Trade-marks Act, Legal Capacity, Married Women, Negligence, Distraint, Calendar, Banking, Currency