Legislative Order




2870
THE NEW ZEALAND GAZETTE.
[No. 102

tory of Western Samoa conferred upon him by the Western Samoa
Order in Council, 1920, made by His Majesty on the eleventh day of
March, nineteen hundred and twenty, under the Foreign Jurisdiction
Act, 1890, and further in pursuance of the Treaties of Peace Act, 1919,
and of all other powers and authorities enabling him in that behalf,
doth hereby order as follows :—

  1. This Order may be cited as the Samoa Land Registration
    Amendment Order, 1921, and shall be read with and form part of the
    Samoa Land Registration Order, 1920.

  2. This Order shall come into force on the first day of January,
    nineteen hundred and twenty-two, save as hereinafter specially pro-
    vided.

  3. (a.) It shall be lawful from time to time to provide by Ordinance
    for the practice and procedure of land registration in Western Samoa,
    provided that no such Ordinance shall be repugnant to the Samoa
    Land Registration Order, 1920, or any amendment thereof.

(b.) If any such Ordinance is in part repugnant to the Samoa Land
Registration Order, 1920, or any amendment thereof, such Ordinance
shall nevertheless be valid as to the residue thereof, if and so far as
the residue is in substance and effect severable from the part which
is so repugnant or ultra vires.

  1. Notwithstanding anything hereinbefore contained or implied, it
    shall be lawful to enact by Ordinance that an Act of the General
    Assembly of New Zealand intituled the Land Transfer Act, 1915, or
    any other Act passed in substitution therefor, shall be in force in the
    Territory of Western Samoa with such modifications as may be deemed
    requisite for such territory.

  2. Subclause (d) of clause four of the Samoa Land Registration
    Order, 1920, defining instrument of title, is hereby amended by adding
    thereto the following words, “or of any other Court of competent
    jurisdiction.”

  3. (a.) Clause fourteen of the Samoa Land Registration Order,
    1920, is hereby amended by adding thereto the following: “Provided
    always that nothing herein expressed or implied shall be deemed to
    prevent the registration of any instrument which, but for the fact that
    the legal estate or interest is vested in a mortgagee, would when duly
    registered affect the legal estate or interest in any land authorized to
    be placed on the Land Register.”

(b.) This clause shall be deemed to have been in force since the
coming into operation of the Samoa Land Registration Order, 1920.

  1. (a.) Clause eighteen of the Samoa Land Registration Order,
    1920, is hereby amended by adding after the words “legal title to
    land” the following words, “or the interest of any person registered
    on the Land Register.”

(b.) This clause shall be deemed to have been in force since the
coming into operation of the Samoa Land Registration Order, 1920.

  1. (a.) Clause nineteen of the Samoa Land Registration Order,
    1920, is hereby amended by adding thereto the following: “Provided
    that nothing in this clause shall be deemed to apply to any order of
    Court, Crown grant, or any Warrant, notice, or other instrument of
    executive authority.”

(b.) This clause shall be deemed to have been in force since the
coming into operation of the Samoa Land Registration Order, 1920.

  1. Any person—

(a.) Claiming to be entitled to or to be beneficially interested in
any land, estate, or interest authorized to be included in the
Land Register by virtue of any unregistered agreement or
other instrument or transmission or of any trust, expressed
or implied, or otherwise howsoever; or

(b.) Transferring or conveying any estate or interest in land autho-
rized to be included on the Land Register to any other
person to be held in trust;



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1921, No 102


NZLII PDF NZ Gazette 1921, No 102





✨ LLM interpretation of page content

🌏 The Samoa Land Registration Amendment Order, 1921 (continued from previous page)

🌏 External Affairs & Territories
5 December 1921
Land registration, Samoa, Order in Council, Legislative amendments