1664
THE NEW ZEALAND GAZETTE.
[No. 51

(3.) All such notes shall be countersigned by the Secretary of the New Zealand Treasury, or as he directs.

(4.) On presentation of any such notes to the New Zealand Treasury at any time after the expiration of five years from the commencement of this Order the bearer shall be entitled to receive the amount thereof in cash or other legal currency of New Zealand in exchange therefor, and all moneys so paid by the New Zealand Treasury shall be repayable by the Samoan Treasury.

(5.) In respect of all Samoan Treasury notes the Minister of External Affairs shall give to the New Zealand Treasury, at the cost of the Samoan Treasury, security to the satisfaction of the Minister of Finance for the liability so incurred by the New Zealand Treasury, such security to be constituted either by the deposit of cash or by the hypothecation of debentures, inscribed stock, or other securities issued by the Government of New Zealand.

(6.) The total amount of Samoan Treasury notes so issued shall at no time exceed the total amount of security so provided for the time being by the Samoan Treasury.

(7.) All currency notes which have been issued by the Military Administration of Samoa and are outstanding at the commencement of this Order shall be deemed to be Samoan Treasury notes issued under this Order, and the Minister of External Affairs shall forthwith after the commencement of this Order provide due security therefor to the New Zealand Treasury in accordance with the foregoing provisions.

Statutory declarations.

368. (1.) Any Judge, Commissioner, Registrar, or Deputy Registrar of the High Court, Collector of Customs, Medical Officer, Commissioner of the Supreme Court, or solicitor of the Supreme Court may in Samoa take and receive in any matter the declaration of any person voluntarily making the same before him in the form in the Second Schedule to this Order.

(2.) If any declaration so made is false in any material particular, the person wilfully making such false declaration shall be guilty of an offence punishable by imprisonment for two years.

(3.) Any declaration made in Samoa under and in accordance with this clause shall be deemed to be a statutory declaration within the meaning of that term as used in any enactment in force in Samoa or in New Zealand.

Contracts by Samoans.

369. The jurisdiction of the High Court or of any other Court in Samoa to enforce any contract made by a Samoan shall be discretionary; and if the Court is of opinion, having regard to the interests of the Samoan, that the contract is oppressive, unreasonable, or improvident, the Court may either refuse to enforce the contract or may enforce it only to such extent or on such terms or with such modifications as the Court thinks fit.

Securities given by Samoans.

370. No security given by a Samoan over any property shall be enforceable, whether by the exercise of a power of sale or otherwise, without the leave of the High Court.

Succession to property of Samoans.

371. Save so far as may be otherwise provided by regulation or Ordinance, the right of succession to the property, whether real or personal, of a Samoan on his death shall be determined in accordance with Samoan custom, and all other laws in force in Samoa with reference to succession shall be subject to such custom accordingly.

Warrants of arrest.

372. (1.) Except where other provision is made by law in that behalf, any warrant for the arrest of any person in Samoa may be directed either to any constable or other person by name, or generally to the constables of Samoa.

(2.) When such warrant is directed to constables generally, any such constable may execute the warrant in like manner as if it was directed specially to him by name.

(3.) Any such warrant may be granted and executed on a Sunday, and either by day or night.

(4.) Every such warrant shall name or otherwise describe the person against whom it is issued.