Page:United States Statutes at Large Volume 26.djvu/1549

 1500 GENERAL ACT—SAMOAN ISLANDS. JUNE 14, 1889. referred for adjustment on the principles of justice and equity to thetChief Justice of Samoa, who shall make his decision thereon in wri ing. algcgggggiations SECTION 8. The Chief Justice may recommend to the Govern- ’ment of Samoa the passage of any law which he shall consider just and expedient for the (prevention and punishment of crime and for the promotion of goo order in Samoa outside the Municipal District and for the collection of taxes without the District. Skwfeaplggmww SECTION 9. Upon the organization of the Supreme Court there °°r°m° ‘ shall be transferred to its exclusive jurisdiction 1. All civil suits concerning real property situated in Samoa and all rights affecting the same. 2. All civil suits of any kind between natives and foreigners or between foreigners of diderent nationalities. 3. All crimes and offences committed by natives against foreigners or committed by such foreigners as are not subject to any consular jurisdiction ; subject however to the provisions of section 4 Article V defining the jurisdiction of the Municipal Magistrate of the District of Apia. P¤¤=¤¤¤ ¤-wi pw SECTION 10. The practice and procedure of Common Law, Equity ’ and Admiralty, as administered in the courts of England, may beso far as applicable—the practice and procedure of this Court ; but > the Court may modifiy such practice and procedure from time to time as shall be required y loca circumstances. The Court shall have authority to impose, according to the crime, the punishment established therefor y the laws of the United States, of England, or of Germany, as the Chief Justice shall decide most appropriate; or, in the case of Native Samoans and other Natives of the South Sea Islands, according to the laws and customs of Samoa. ecgc¤:lri¤di¤- SECTION 11. Nothing in this article shall be so construed as to af- ‘ fect existin consular jurisdiction over all questions arising between masters and seamen of their respective national vessels; nor shall the Court take any ex post facto or retroactive jurisdiction over crimes or offences committed prior to the organization of the Court. mae rv. ARTICLE IV. Declaration. A Declaration respecting titles to land in Samoa and restraining the disposition thereof by natives; and providing for the investigation of claims thereto, and for the registration of valid titles. ·*“°¤g“°¤ °U¤¤¢¤ Smction 1. In order that the native Samoans may keep their lands bum °°pr°mm°d' for cultivation by themselves and by their children after them, it is declared that all future alienation of lands in the Islands of Samoa to the citizens or subjects of any foreign country, whether by sale, mortgage or otherwise shall be prohibited, subject to the following exceptions: Hrwvvom. (a) Town lots and lands within the limits of the Municipal District as defined in this Act may be sold or leased by the owner for a just céonsideration when approved in writing by the Chief Justice of amoa; gb) Agricultural lands in the Islands may be leased for a just consi eration and with carefully defined boundaries for a term not exceeding forty (40) years when such lease is approved in writing by the Chief Executive Authority of Samoa and by the Chief Justice. But care shall be taken that the agricultural lands and natural fruit lands of Samoans shall not be unduly diminished. mvgmménkscn to set i Snorrou 2. In order to adjust and settle all claims by aliens of titles to land or any interest therein in the Islands of Samoa, it is declared that a. Commission shall be appointed to consist of three (E) impartial and competent persons, one to be named by each of the Three Treaty Powers; to be assisted by an officer to be styled