New Zealand Gazette – 1934 – No. 82

Page 3503

✨ Legal Amendments



Nov. 8.] THE NEW ZEALAND GAZETTE. 3503

Amendment of Rules of the High Court of Western Samoa.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 29th day of October, 1934.
Present:
His Excellency The Governor-General in Council.
HIS Excellency the Governor-General of the Dominion of New
Zealand, acting by and with the advice and consent of the
Executive Council of that Dominion, and in pursuance of the authority
conferred on him by the Samoa Act, 1921, and of all other powers
and authorities enabling him in that behalf, doth hereby amend the
Rules of the High Court of Western Samoa Consolidation, 1924, as
follows:-

Short Title.

  1. These rules may be cited as the Samoa High Court Amendment
    Rules, 1934, 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").

Revocation.

  1. Rules 112 to 124 (both inclusive) of the principal rules are
    hereby revoked.

Interpretation.

  1. In these rules, except where a contrary intention appears,
    "Commissioner" means a Commissioner of the High Court of Western
    Samoa duly appointed in accordance with the provisions of the
    Samoa Act, 1921.

Jurisdiction of Commissioners.

  1. The jurisdiction of a Commissioner shall include and shall be
    restricted to the following cases:-
    (a) Breach of contract or tort where the amount claimed does
    not exceed £100.
    (b) Debt where the sum claimed does not exceed £100 whether
    such sum is the original amount of the debt or a balance after allowing
    payment on account or credit for goods supplied or the amount of
    any other admitted set-off.
    (c) The enforcement of claims upon and recovery of possession
    of some specific movable property the value whereof does not
    exceed £100.
    (d) Where the parties agree by writing signed by them or their
    solicitors that whatever the amount or value of the subject-matter
    (provided the case is otherwise within his jurisdiction) the Commissioner
    shall have jurisdiction.
    (e) Proceedings under the Samoa Imprisonment for Debt Limitation
    Order, 1930, where the sum of money due under any judgment or
    order of the Court does not exceed £100.
    (f) Grant in common form of probate of a will or letters of
    administration with will annexed or letters of administration of the
    estate of an intestate person, or any step to be taken by the High
    Court under clause 8 of the Samoa Reciprocal Administration Order,

  2. (g) Applications for charging orders under Rules 78 to 82 (both
    inclusive) of the principal rules where the amount of the judgment
    exclusive of costs does not exceed £100.
    (h) Criminal proceedings punishable only by a fine.



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⚖️ Amendment of Rules of the High Court of Western Samoa

⚖️ Justice & Law Enforcement
29 October 1934
High Court, Western Samoa, Rules Amendment, Jurisdiction, Commissioners
  • BLEDISLOE, Governor-General