✨ Legal Rules Amendment
2274
THE NEW ZEALAND GAZETTE.
[No. 58
Rules of the High Court of Western Samoa Consolidation Amendment,
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 23rd day of July, 1928.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by section seventy-four of the Samoa Act, 1921, it
is provided that the Rules of Court determining the practice,
procedure, and powers of the High Court, whether in its civil or
criminal jurisdiction, shall be such as may be made in that behalf by
the Governor-General by Order in Council:
And whereas by Order in Council made on the thirtieth day of
June, one thousand nine hundred and twenty-four, there were enacted
the rules known as "The Rules of the High Court of Western Samoa
Consolidation, 1924," and it is expedient that the same be amended
in manner hereinafter appearing:
Now, therefore, His Excellency the Governor-General of the Do-
minion of New Zealand, acting by and with the advice and consent of
the Executive Council of that Dominion, and in pursuance of the
authority so conferred on him by the Samoa Act, 1921, and of all
other powers and authorities enabling him in that behalf, doth hereby
make the following additional Rules of Court.
RULES.
-
THESE rules may be cited as the Rules of the High Court of
Western Samoa Consolidation Amendment, 1928, and shall be read
with and form part of the Rules of the High Court of Western Samoa
Consolidation, 1924 (hereinafter referred to as the principal rules), and
shall come into force on the 1st day of August, 1928. -
The principal rules are hereby amended by inserting therein,
following clause 82 thereof, the following additional clause:-
82A. (1) Any judgment of the High Court in its civil jurisdiction
for payment by the defendant (being a Samoan) of any sum of money
in an action in which the claim is for any personal tax under the
Taxation Licensing and Revenue Ordinance, 1921, any levy under the
Samoan Medical Levy Ordinance, 1923, or any Native personal tax
under the Native Personal Tax Ordinance, 1927, may (anything in
the Samoa Act, 1921, or in clause 78 hereof notwithstanding) be
enforced by a charging-order made by the Court against the interest
of the defendant in any Native land, including any rent and other
moneys receivable by the defendant in respect of his said interest,
and any crops, timber, minerals, or other valuable thing attached to
or forming part of such land.
(2) The provisions of clauses 80, 81, and 82 shall apply, mutatis
mutandis, to any charging-order made under this clause.
- The principal rules are hereby further amended by inserting
therein, following clause 83 thereof, the following additional clauses:-
83A. (1) Where in any action in the High Court the claim is for
payment of any personal tax under the Taxation Licensing and
Revenue Ordinance, 1921, any levy under the Samoan Medical Levy
Ordinance, 1923, or any Native personal tax under the Native Personal
Tax Ordinance, 1927, the plaintiff may file with the statement of claim
an application for an order under clause 83 hereof in respect of any
sum which the defendant (being a Samoan) may be adjudged to pay
in such action.
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VUW Te Waharoa —
NZ Gazette 1928, No 58
NZLII —
NZ Gazette 1928, No 58
✨ LLM interpretation of page content
⚖️ Rules of the High Court of Western Samoa Consolidation Amendment, 1928
⚖️ Justice & Law Enforcement23 July 1928
Court Rules, Amendment, Western Samoa, Taxation, Levy, Native Land
- Charles Fergusson, Governor-General