1668
THE NEW ZEALAND GAZETTE.
[No. 51

5. (1.) All actions and other proceedings, whether civil or criminal,
   under the Customs Act, 1913, in relation to goods imported into or
   exported from Samoa, or in relation to any offence committed or cause
   of action arising wholly or in part in Samoa, may be instituted and
   taken either—
   (a.) In New Zealand, in the same manner as if Samoa formed part
   of New Zealand ; or
   (b.) In the High Court of Western Samoa.
   (2.) For the purposes of any such proceeding in the High Court
   all references in the Customs Act, 1913, to the Supreme Court or to a
   Magistrate shall be read as references to the High Court.

6. Orders in Council made under sections forty-six or forty-seven
   of the Customs Act, 1913, prohibiting the importation or exportation
   of any class of goods (whether such orders are made before or after
   the commencement of this Order) shall not be in force in Samoa.

7. When the importation or exportation of any goods into or from
   Samoa is prohibited by this or any other Order in Council in force in
   Samoa, or by any Ordinance, the Customs Act, 1913, shall apply to
   such goods in the same manner as if the importation or exportation
   thereof had been lawfully prohibited by or in pursuance of sections
   forty-six or forty-seven of that Act.

8. In the application of the Customs Act, 1913, to Samoa this Order
   shall be deemed to be part thereof, and the said Act and this Order
   shall operate accordingly, and this Order shall be deemed to be included
   within the expression “Customs Acts” as used in that Act.

9. The term “duty” as used in the Customs Act, 1913, shall in
   the application of that Act to Samoa include export duties imposed
   by this or any other Order in Council so far as the provisions of that
   Act are applicable thereto, and the terms “revenue of Customs,”
   “dutiable goods,” and “uncustomed goods” shall be construed accord-
   ingly, save that section one hundred and thirty of the said Act (relative
   to alterations of duties) shall have no application to export duties.

10. (1.) All duties imposed on the exportation of goods shall con-
    stitute a debt payable to the Crown by the exporter of those goods, and,
    if there are several exporters, then jointly and severally by all of them.
    (2.) Such duty shall become due and payable so soon as entry
    of the goods for export has been made, or the goods have been wrong-
    fully shipped or otherwise wrongfully dealt with without having been
    entered for export, or any other offence against the Customs Act, 1913,
    has been committed with respect thereto.
    (3.) The term “exporter” means and includes, in respect of any goods
    exported or intended for export, any person by whom those goods are
    exported, or by whom they are shipped on board the exporting ship, or
    who is or becomes the owner of them or entitled to the possession of
    them or to any interest in them at any time while they are subject to
    the control of the Customs.

11. (1.) All powers conferred by Part II or Part VI of the Customs
    Act, 1913, on the Minister of Customs or on the Comptroller of Customs
    shall in Samoa be exercised by the Administrator.
    (2.) All references in Part II or Part VI of the said Act to the
    Minister or Comptroller shall be read accordingly as references to the
    Administrator, and all references to the Gazette shall be read as refer-
    ences to the Western Samoa Gazette.

12. The seal of the Customs in Samoa shall be the Royal Arms
    having the words “Western Samoa—H.M. Customs” encircling the
    Arms.

13. (1.) The Port of Apia in Samoa is hereby declared to be a port
    of entry for the purposes of the Customs Act, 1913, in its application to
    Samoa.
    (2.) The limits of the said Port of Apia shall be a circle of two miles
    from the Customhouse now existing at Apia, and the said port shall
    include all land, river, and sea included within that circle.

14. The prescribed period for the removal of goods from a King’s
    warehouse in Samoa within the meaning of section one hundred and six
    of the Customs Act, 1916, shall be twelve months.