3. In these regulations, unless inconsistent with the context,
   “Council” means the Aleisa Council constituted by these
   regulations:
   “District” means the area defined in the First Schedule
   hereto:
   “Elector” means any settler whose name is for the time being
   included in the electoral roll hereinafter referred to:
   “Settler” means any person in whom is legally vested by
   means of a document or documents in writing and otherwise than solely by way of mortgage any freehold or
   leasehold estate or interest (including an estate or interest
   as sublessee) in any land situate within the district, and
   includes the wife or husband of any such person.

4. There shall in respect of the district be a Council to be known
   as the Aleisa Council, to consist of four members—namely, a Mayor
   and three Councillors.

5. A general election of members of the Council shall be held
   on a day in the month of December, 1946, to be fixed by the
   Administrator and notified by him in the Western Samoa Gazette
   and on a day in the month of November in every second year thereafter to be fixed from time to time by the Council and notified by
   the Council in the Western Samoa Gazette not more than twelve nor
   less than three weeks before the date so fixed.

6. Every election shall be held at a place within the district and
   at a time to be respectively stated in the notice fixing the day of the
   election.

7. The Administrator shall appoint such person as he thinks fit
   to be the Returning Officer to hold the first election of members, and
   thereafter the Council shall from time to time appoint a Returning
   Officer for the purposes of these regulations.

8. The Returning Officer shall, on the fourteenth day before the
   day fixed for the election, prepare a list of electors containing in
   alphabetical order of surnames the names of all persons who on that
   date are settlers of the district, and shall permit the list to be inspected
   at all reasonable times by any person claiming to be a settler, and
   shall at any time not later than the seventh day before the day so
   fixed make any alteration or addition to the list which on such
   evidence as he thinks fit to accept he may consider necessary for the
   correction of the list, and after the close of the said seventh day
   shall sign the said list and initial all alterations and additions thereto,
   and the said list shall thereupon be the electoral roll for the election
   in question and no alteration or addition thereto shall thereafter
   be made.

9. The following persons shall be incapable of being elected as
   or of being a member of the Council:
   (a) A person who is not an elector:
   (b) A bankrupt who has not obtained his order of discharge,
   or whose order of discharge is suspended for a term not
   yet expired or is subject to conditions not yet fulfilled:
   (c) A person of unsound mind:
   (d) A person convicted of any offence punishable by imprisonment for a term exceeding twelve months, unless he has
   received a free pardon or has served his sentence or
   otherwise suffered the penalty imposed on him:
   (e) A person who is a member of the Samoan Public Service.

10. Every candidate for election shall be nominated in writing
    by means of a nomination-paper in the form numbered 1 in the
    Second Schedule hereto or to the like effect signed by at least two
    electors and signed by the candidate in token of his assent to
    nomination and delivered to the Returning Officer not later than the
    day before the day fixed for the election.

11. Any person may be nominated for election both as Mayor
    and as Councillor. The election of Mayor shall be first proceeded
    with, and the nomination (if any) as Councillor of the person elected
    as Mayor shall thereupon become void.

12. If the number of candidates nominated for any office does
    not exceed the number of vacancies to be filled, the Returning Officer
    shall, at the place and upon the day appointed as aforesaid, publicly
    declare the candidate or candidates so nominated to be duly elected
    to the office or offices to be filled at the election in question.

13. If within the time limited for the receipt of nominations
    there is received by the Returning Officer a nomination-paper in
    proper form but signed by a majority in number of the electors and
    nominating the required number of qualified persons to fill the
    position of Mayor and Councillors respectively, then, notwithstanding that other nominations may have been received, the
    Returning Officer shall, at the place and on the day fixed as aforesaid, publicly declare the candidate and candidates so nominated as
    first aforesaid to be duly elected to the offices of Mayor and Councillors
    respectively.

14. If the number of candidates nominated exceeds the number
    of offices to be filled, then, subject to the last preceding regulation,
    the Returning Officer shall, at the place and on the day fixed as
    aforesaid, publicity announce the names of the several candidates,
    and shall by means of a secret ballot of electors then present conduct,
    as he thinks fit, a poll for the purpose of the election and shall
    nominate not more than two electors then present to act with him
    as scrutineers for the purpose of counting the votes polled, and
    upon ascertaining the result of the poll shall publicly declare the
    candidate or candidates for whom the largest number of votes has
    been given to be duly elected to the office or offices to be filled at
    the election in question.

15. Where there is an equality of votes between candidates
    and the addition of a vote would entitle any of those candidates
    to be declared elected, the Returning Officer shall determine by
    lot which candidate shall be elected.

16. Forthwith upon any declaration of the result of an election
    the Returning Officer shall prepare and sign a certificate of his
    declaration in the form numbered 2 in the Second Schedule hereto
    or to the like effect, and shall, if a poll has been taken, permit the
    certificate to be countersigned by the scrutineers and shall, if the
    declaration has been made pursuant to Regulation 13 hereof,

attach thereto the nomination-paper on which the declaration is
based and shall forthwith deliver the certificate to the Administrator,
who shall cause the same or a notification of the effect thereof to
be published in the Western Samoa Gazette.

17. If at any election no person is declared to be elected to
    fill the office of Mayor or no persons are declared to be elected or a
    less number is elected than is required to fill the offices of
    Councillors, then the Administrator may, as the case requires,
    appoint a qualified person to be Mayor or as many qualified
    persons to be Councillors as are required to complete the membership
    of the Council, and the Administrator shall cause a notice of the
    appointment to be published in the Western Samoa Gazette.

18. The office of any member of the Council shall become
    vacant if he—
    (a) Dies; or
    (b) Resigns his office by writing under his hand delivered to
    another member; or
    (c) Becomes bankrupt; or
    (d) Becomes of unsound mind; or
    (e) Is convicted for any offence punishable by imprisonment
    for a term exceeding twelve months; or
    (f) Is absent without leave of the Council from four consecutive
    meetings thereof; or
    (g) Becomes a member of the Samoan Public Service.

19. (1) If the office of any member of the Council becomes
    vacant, the Council shall forthwith appoint a qualified person in
    his place as a member of the Council.
    (2) If the member vacating office is the Mayor, the Council
    shall appoint a qualified person to be a member of the Council, and
    forthwith or thereafter, but only at a meeting at which such newly
    appointed member is present or of which he shall have had
    reasonable notice, shall appoint one of their number to be Mayor.
    (3) If no such appointment is made within two months after
    the happening of the vacancy, the Administrator may, by Warrant
    under his hand, make the required appointment.
    (4) Every appointment made under this regulation shall be
    notified in the Western Samoa Gazette by the Council or the
    Administrator, as the case may be.

20. Every member of the Council shall come into office on the
    day of his election or appointment and shall, unless his office sooner
    becomes vacant, continue in office until the day fixed for the next
    following general election of members.

21. The first meeting of the Council shall be held at a day,
    time, and place to be fixed by the Administrator and notified to
    the members.

22. At all meetings of the Council the Mayor, if present, shall
    preside, and in his absence a Councillor elected for that purpose by
    the members present.

23. At all meetings of the Council three persons shall form a
    quorum.

24. Subject to the last preceding regulation, the Council may
    act notwithstanding a vacancy in its membership.

25. Subject to the provisions of these regulations, the Council
    may, by standing order or otherwise, regulate its procedure and
    business as it thinks fit.

26. Any notice or other document to be given or made by the
    Council shall be sufficiently authenticated if signed on behalf of
    the Council by any two members thereof.

27. The Council shall have power, subject to the provisions
    hereinafter contained, to make by-laws for the good rule and
    government of the district.

28. No by-law shall have any force or effect until it has been
    approved by the Administrator and published in the Western Samoa
    Gazette.

29. Every by-law shall come into force on the day following
    publication thereof in the Western Samoa Gazette or such later day
    as may be fixed in the by-law.

30. No by-law shall have any force or effect so far as it is
    repugnant to the Samoa Act, 1921, or any Order in Council,
    Ordinance, or regulations in force thereunder, or so far as it
    purports to impose any rate or tax.

31. Every person guilty of an offence against any by-law is
    liable to a fine not exceeding £10.

32. Any by-law may at any time, whether before or after it
    has been approved by the Administrator, be disallowed by the
    Administrator by notice under his hand published in the Western
    Samoa Gazette, and upon publication of the notice the by-law
    shall, to the extent to which it is so disallowed, become wholly
    void as if it had been then repealed.

33. Where anything is omitted to be done or cannot be done
    at the time required by or under these regulations, or is done after
    such time, or is otherwise irregularly done in matter of form or
    sufficient provision is not made by these regulations, or if doubt
    arises as to the regularity of the doing of any act required or
    authorized to be done or necessary or proper to be done under these
    regulations, the Administrator may, by Warrant under his hand
    published in the Western Samoa Gazette at any time before or after
    the time within which such thing is required to be done, extend
    such time or may validate anything so done after the time required
    or so irregularly done in matter of form or make other provision
    for such case or declare the regularity of any act as to the regularity
    of which a doubt has arisen as he thinks fit.

FIRST SCHEDULE
ALL that area of land at Aleisa, being part of Flur XIII, Upolu, in
the District of Tuamasaga, commencing at the junction of Lower
Alafaalava and Nonoa Roads, and running easterly along the Lower
Alafaalava Road to Settlement Road; thence north and easterly
along Settlement Road to the north-east corner of Parzelle 89/4;
thence southwards along the western boundary of Parzelle 39/4
(part of Potoga Plantation); thence easterly along the southern
boundary of Potoga Plantation to Tuana‘i Road; thence southerly