1270

THE NEW ZEALAND GAZETTE.

[No. 37

Samoa Companies Order, 1922.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 1st day of
May, 1922.

Present:

THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred on him by the
Samoa Act, 1921, and of all other powers and authorities enabling
him in that behalf to make regulations for the peace, order, and
good government of Samoa, His Excellency the Governor-General of
the Dominion of New Zealand, acting by and with the advice and
consent of the Executive Council of the said Dominion, doth hereby
order as follows:—

1. This Order may be cited as the Samoa Companies Order,
   1922, and shall come into force on the first day of July, one thousand
   nine hundred and twenty-two.

2. Subject to the following provisions hereof, the Companies Act,
   1908, and its amendments (with the exception of section six, subsections
   one and two; section eight, subsection two; sections one hundred
   and eleven to one hundred and twenty inclusive, two hundred and
   seventeen, two hundred and eighteen, two hundred and nineteen, and
   Parts VII, VIII, IX, XI, and XII) shall, so far as applicable, be in
   force in Samoa.

3. In the application of the Companies Act, 1908, to Samoa, all
   references to New Zealand shall be read as references to Samoa; all
   references to the Court shall be read as references to the High Court
   of Western Samoa; all references to the Gazette shall be read as
   references to the Western Samoa Gazette; all references to the Public
   Account or the Consolidated Fund shall be read as references to the
   Samoan Treasury; all references to the Stamp Duties Act, 1908,
   shall be read as references to the ordinance for the time being in force
   in Samoa relating to the imposition of stamp duties; and all references
   to the Minister of Internal Affairs shall be read as references to the
   Chief Judge of the High Court.

4. The Registrar for the time being of the High Court of Western
   Samoa shall be the Registrar of Companies in Samoa, and the office
   for the registration of companies shall be the office of the said
   Registrar of the High Court.

5. The seal of the Registrar of Companies in Samoa shall be the
   Royal Arms having the words "Western Samoa, Registrar of Com-
   panies" encircling the arms.

6. (1.) Where a company is being wound up under order of the
   Court, the Samoan Public Trustee shall, without the necessity of any
   appointment or order, be the sole liquidator (under the style of the
   "Official Liquidator") of the company.

(2.) The provisions of section forty-two of the Public Trust Office
Act, 1908, shall, mutatis mutandis, apply to the Samoan Public Trustee
as official liquidator.

7. All fines under the Companies Act, 1908, may in Samoa be
   recovered in the High Court of Western Samoa in accordance with
   its usual procedure.

8. (1.) No prospectus as defined by section two of the Companies
   Act, 1908, shall be issued in respect of any company incorporated or
   intended to be incorporated in Samoa.

(2.) If any such prospectus is issued in breach of this clause,
every person responsible for the breach shall, without prejudice to any
other liability, be liable to a fine of one hundred pounds.