Dec. 12.] THE NEW ZEALAND GAZETTE. 3225

SAMOAN PROVISIONAL ORDERS.

25. Where any application is made to the High Court for a maintenance order against any person not resident in Samoa, and it appears that an overseas Court may have jurisdiction to confirm such order, the High Court may in the absence of that person if, after hearing the evidence, it is satisfied of the justice of the application, make any such order as it might have made if a summons had been duly served on that person and he had failed to appear at the hearing.

26. An order made under the last preceding clause hereof shall be termed a Samoan provisional order, and shall be provisional only, and shall have no effect unless and until confirmed by a competent overseas Court.

27. On the hearing of an application under clause 25 hereof the evidence of any witness who is examined shall be put into writing, and such deposition shall be read over to and signed by him.

28. The High Court shall also prepare a statement of the grounds on which the making of the order might have been opposed if the person against whom an order is made had been duly served with a summons and had appeared at the hearing, and also such information as the Court possesses for facilitating the identification of that person and ascertaining his whereabouts.

29. The Registrar shall deliver to the Administrator a certified copy of the order, the original depositions so taken, the statement prepared as aforesaid, and the said information as to identification, including in particular the originals of any certificates of marriage, birth, or baptism, or any other documents that may assist in identification, and the said documents shall be transmitted in the appropriate manner to the Government of the place in which the person affected is believed to be resident for the purpose of confirmation of the order by a competent overseas Court.

30. Where a Samoan provisional order has been remitted by an overseas Court to the High Court for the purpose of taking further evidence the High Court may, upon reasonable notice to the person applying for the Samoan provisional order, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application.

31. If upon the hearing of such evidence it appears to the High Court that the Samoan provisional order ought not to be made the Court may rescind that order, but in any other case the depositions taken on the hearing of such further evidence shall be dealt with in like manner as the original depositions.

32. The powers of the High Court under section 22 of the principal Order to cancel, vary, or suspend any maintenance order or substitute a new maintenance order therefor shall be exercisable in respect of a Samoan provisional order notwithstanding the confirmation thereof by any overseas Court:

Provided that a certified copy of any order made under the authority of this clause shall be sent to the Administrator for transmission in the appropriate manner to the Government of the place in which the original Samoan provisional order was confirmed:

Provided also that an order cancelling or suspending any Samoan provisional order shall take immediate effect according to its tenor, but an order varying any Samoan provisional order or substituting a new Samoan provisional order therefor, but not cancelling or suspending a Samoan provisional order, shall not have any effect unless and until confirmed by an overseas Court in like manner as the original order.

33. The applicant shall have the same right of appeal against a refusal to make a Samoan provisional order as he would have had against a refusal to make an order if a summons had been duly served on the person against whom the order is sought to be made.