SAMOA

JUDICATURE

INDEX

Judicature Ordinance 1961	
Existing Law Adjustment Ordinance 1961: s.4 (1) (a)	
Public Service Act 1965, s.3	
Decimal Currency Act: 1966: s.5 (2)	
Magistrates’ Courts Act 1969: s.138 (1)	
Judicature Amendment Act 1970	
Judicature Amendment Act 1977	
Regulations:	
Court of Appeal Rules 1961, Amendment No. 1	
Supreme Court (Fees and Costs) Rules 1971	

In this index "(n)" after a page number indicates that the enactment is referred to in a note on that page.
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ANALYSIS

Title
1. Short title and commencement
2. Interpretation
3. Concurrent administration of law and equity

PART I
THE MAGISTRATE’S COURT

4-20. Repealed

PART II
THE SUPREME COURT

21. Constitution of the Supreme Court
22. The Judges of the Supreme Court
23. Qualifications of Judges
24. Tenure of office
25. Removal of Judges on address of Legislative Assembly
26. Suspension of Judges by Head of State
27. Acting Chief Justice
28. Appointment of temporary Judges
29. Salaries of Judges
30. Travelling allowances
31. Jurisdiction of the Supreme Court
32. Powers of the Court may be exercised by one or more Judges
33. Interpretation of provisions of the Constitution
34. Oath of office
35. Registrar
36. Deputy Registrars
37. Court administrative officers
38. Seal of the Court
39. Practice and procedure
40. Rules of Court

PART III
THE COURT OF APPEAL

41. Constitution of the Court of Appeal
42. Remuneration of Judges on Appeal
43. Number of Judges
44. Precedence of Judges
45. Jurisdiction
46. Judges not to sit on appeal from their own decisions
47. Judgment to be that of the majority
48. Decision of the Court of Appeal to be final
49. Oath of office
50. Officers
51. Appeals in civil cases
52. Questions of law may be reserved for decision of Court of Appeal
53. Appeals in criminal cases
54. Order granting leave for appeal
55. Proceedings in the Supreme Court may be removed into the Court of Appeal
56. Powers of the Court of Appeal
57. Evidence on appeal
58. Stay of execution
59. Release from custody
60. Execution of order
61. Non-prosecution of appeal
62. Court seal
63. No appeal on appeals from Magistrate’s Court without leave
64. Special leave to appeal may be granted by the Court of Appeal
65. Rules of practice

PART IV
SAVINGS, ETC.

66. Repeal of Parts III and IV of the Samoa Act 1921 (N.Z.)

Schedules

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THE JUDICATURE ORDINANCE 1961

1961, No. 26

An Ordinance to consolidate and amend the law relating to the Courts of Western Samoa
[29 December 1961

1. Short title and commencement - (1) This Ordinance may be cited as the Judicature Ordinance 1961.

(2) This Ordinance shall come into force on the 1st day of January 1962.

See also the following provisions of the Constitution of Western Samoa:

Articles 4 and 81 (fundamental rights)
Article 9 (fair trial)
Part VI (Judiciary)

See further –

Accident Compensation Act 1978, s.57 (common law remedies), s.59 (no assignment of compensation money).
Criminal Procedure Act 1972, s.83 (search), s.92 (assessors), s.173 (contempt of Court).
Customs Act 1977, Pt. VIII (search), s. 241 (petty offences).
Criminal Procedure Act 1972, s.173 (contempt of Court).
International Finance Agreements Act 1971, s. 9 (exemptions from search and other legal process for the operations and personnel of the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation, and the International Monetary Fund).
Samoa Act 1921 (N.Z.), s.360 (legal capacity and status of married women), as applied by s.7 of the Reprint of Statutes Act 1972.

For additional references, see the following titles:

Administration
Constitution
Divorce
General Laws
Government Proceedings
Judgment Summonses
Law Reform
Magistrates’ Courts
Public Trust
Regulations
Samoa Act
Samoan Land and Titles

As to the Attorney-General, see: Constitution, Art. 41 (notes), Government Proceedings Act 1974, s.2 (2), Limitation Act 1975, s.21.

The following enactments provide for appointments to offices of a judicial nature:

Judges of the Supreme Court and Court of Appeal: See the Constitution of Western Samoa, Part VI, and the Judicature Ordinance 1961, Parts II and III.

Samoan Judges and Assessors of the Samoan Land and Title Court: See Article 74 of the Constitution of Western Samoa, and Part VII of the Samoan Land and Titles Protection Ordinance 1934.

Magistrates and Fa’amasino Fesoasoani: See Article 74 of the Constitution of Western Samoa, and Part II of the Magistrates’ Courts Act 1969.

Coroners: See the Coroners Ordinance 1959.

2. Interpretation - In this Ordinance, unless the context otherwise requires, -

"Action" means a civil proceeding commenced by writ or plaint or in such manner as may be prescribed by rules of Court:

"Constitution" means the Constitution of the Independent State of Western Samoa:

"Enactment" includes the Constitution, or any Act, Ordinance, Regulation, Rule or Order:

"Judgment" includes any judicial decree, order, or determination, whether in an action or in any other judicial proceeding, whether civil or criminal:

"Judicial Service Commission" means the Judicial Service Commission constituted by Article 72 of the Constitution:

"Rules of Court" means rules or regulations made under this Ordinance.

As to fees, see the Supreme Court (Fees and Costs) Rules 1971, reprinted in this title.

[3. Concurrent administration of law and equity - All Courts in Western Samoa shall within the limits of their jurisdiction administer common law and equity concurrently, and in all cases in which there is any conflict between common law and equity with reference to the same matter the rules of equity shall prevail.]

This section was inserted by s.2 of the Judicature Amendment Act 1977. The original s.3 was repealed by s.138 (1) of the Magistrates’ Courts Act 1969.

PART I

THE MAGISTRATE'S COURT

4 – 20. Repealed by s.138(1) of the Magistrates' Courts Act 1969.

PART II

THE SUPREME COURT

21. Constitution of the Supreme Court - There is hereby constituted a superior Court of Record for the administration of justice throughout Western Samoa to be called the Supreme Court of Western Samoa.

See Article 65 (1) of the Constitution.

22. The Judges of the Supreme Court - The Supreme Court shall consist of one Judge, to be called the Chief Justice of the Supreme Court of Western Samoa who shall be appointed by the Head of State acting on the advice of the Prime Minister and such other Judges as may be appointed from time to time by the Head of State acting on the advice of the Judicial Service Commission in accordance with Article 65 of the Constitution.

See Article 65 (2) of the Constitution. For the Judicial Service Commission, see Article 72.

23. Qualifications of Judges - (1) A person shall not be qualified for appointment as a Judge of the Supreme Court unless -

(a) He possesses such qualifications as the Head of State, acting on the advice of the Judicial Service Commission, may prescribe; and

(b) He has been in practice as a barrister in Western Samoa, or in an approved country, or partly in the one and partly in the other, for a period of, or for periods amounting in the aggregate to, not less than 8 years.

(2) In computing, for the purposes of subsection (1) (b), the period or periods during which any person has been in practice as a barrister, any period or periods during which he has held judicial office in a court of superior or subordinate jurisdiction in Western Samoa or an approved country shall be included.

(3) For the purposes of this section, the Head of State, acting on the advice of the Judicial Service Commission, may designate as an approved country any country which, in the opinion of the Commission, has a legal system similar to that existing in Western Samoa.

As to these qualifications, see the parallel provisions in Article 65 of the Constitution.

For approved countries, see W. S. Gaz. 1969, page 35, reprinted under the title Constitution.

24. Tenure of Office - (1) Except in the case of an appointment made under the provisions of subsection (2) hereof a Judge of the Supreme Court shall hold office until he reaches the age of 62 years;

Provided that the Head of State, acting in the case of the Chief Justice on the advice of the Prime Minister or in the case of any other Judge of the Supreme Court on the advice of the Judicial Service Commission, may extend the period of office of a Judge who has reached the age of 62 years.

(2) Any person of any age who is not a citizen of Western Samoa and who is qualified for appointment under the provisions of section 23 hereof may be appointed to hold office as a Judge of the Supreme Court for a term of years.

(3) Nothing done by a Judge of the Supreme Court in the performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this section to retire or that his term of office has expired.

(4) A Judge of the Supreme Court may resign his office by writing under his hand addressed to the Head of State.

For the appointment of an Acting Chief Justice, see ss. 27 and 28 of this Act, and Article 70 of the Constitution. In respect of Acting Judges, see Article 71.

25. Removal of Judges on address of Legislative Assembly - A Judge of the Supreme Court shall not be removed from office, except by the Head of State on an address of the Legislative Assembly carried by not less than two-thirds of the total number of Members of Parliament including vacancies, praying for his removal from office on the ground of stated misbehaviour or of infirmity of body or mind.

26. Suspension of Judges by Head of State - The Head of State, acting in the case of the Chief Justice on the advice of the Prime Minister or in the case of any other Judge of the Supreme Court on the advice of the Judicial Service Commission, may at any time when the Legislative Assembly is not meeting suspend a Judge of the Supreme Court from his office, and such suspension, unless previously revoked, shall continue in force until the end of the next ensuing session and no longer.

27. Acting Chief Justice - (1) While any vacancy exists in the office of Chief Justice or during any absence from Western Samoa of the Chief Justice, the senior Judge of the Supreme Court shall have authority to act as Chief Justice and to perform the functions of the office of Chief Justice.

(2) Whenever by reason of illness or any cause other than absence from Western Samoa the Chief Justice is unable to perform the functions of the office of Chief Justice, the Head of State, acting on the advice of the Prime Minister, may authorise the senior Judge of the Supreme Court to act as Chief Justice until the Chief Justice resumes those functions, and, during that period, to perform those functions.

(3) The authority conferred on the Acting Chief Justice under the provisions of this section shall not include power to preside over the Court of Appeal unless he is qualified by virtue of his seniority over the other Judges present at the appeal to preside thereover.

(4) In the event of there being no Judge of the Supreme Court available for appointment under the provisions of this section the Head of State, acting on the advice of the Prime Minister, may appoint a person qualified under the provisions of section 23 to act as Chief Justice and to perform the functions of the office of Chief Justice until the Chief Justice shall have resumed the functions of his office.

As to subss. (1) to (3), see parallel provisions in Article 70 of the Constitution.

28. Appointment of temporary Judges - (1) If the office of any Judge of the Supreme Court other than the Chief Justice is vacant or if any such Judge is unable to perform the functions of his office, the Head of State, acting on the advice of the Judicial Service Commission, may appoint a person qualified under the provisions of section 23 hereof to be temporarily a Judge of the Supreme Court:

Provided that a person may be so appointed notwithstanding that he has attained the age of 62 years.

(2) Any person appointed under the provisions of subsection (1) hereof to be temporarily a Judge of the Supreme Court shall hold office for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Head of State, acting on the advice of the Judicial Service Commission:

Provided that he may at any time resign his office by writing under his hand addressed to the Head of State.

As to Acting judges, see Article 71 of the Constitution.

[29. Salaries of Judges - There shall be charged on and payable out of the Treasury Fund, and be statutory expenditure, salaries at the following rates:

(a) To the Chief Justice, on and after the 15th day of June 1969 while he is the only Judge of the Supreme Court, at the rate of $8,920 a year;

(b) To the Chief Justice, while there is any other Judge of the Supreme Court, at the rate of $9,320 a year;

(c) To each other Judge of the Supreme Court, at the rate of $8,920 a year.]

This section was substituted for the originals. 29 (as substituted by s. 3 of the Judicature Amendment Act 1968) by s. 3 (1) of the Judicature Amendment Act 1970.

Section 29 is enacted pursuant to Article 69 of the Constitution.

30. Travelling allowances - There shall be paid to the Chief Justice, and to the other Judges of the Supreme Court, from money appropriated for the purpose by the Legislative Assembly, such additional amounts by way of travelling allowances and expenses and other allowances as may from time to time be fixed by the Head of State, acting on the advice of the Judicial Service Commission.

31. Jurisdiction of the Supreme Court - The Supreme Court shall possess and exercise all the jurisdiction, power, and authority, which may be necessary to administer the laws of Western Samoa.

As to specific powers vested in the Court and/or Judges, see the following enactments;

Administration Act 1975, s. 5 (probate jurisdiction).

Citizenship Act 1972, s. 18 (2) (inquiry into deprivation of citizenship).

Constitution of Western Samoa (Articles 73 to 82).

Coroners Ordinance 1959, s. 24 (Supreme Court power to order or review inquests).

Dental Practitioners Act 1975, s. 24 (appeal from Dental Council).

Exclusive Economic Zone Act 1977, s. 17 (jurisdiction under Act).

Medical Practitioners Act 1975, s. 24 (appeal from Medical Council).

Police Service Act 1977, s. 28 (1) (a) (Judge as Chairman of Board of Appeal), 46 (removal of matter into Supreme Court).

Prisons Parole Board Act 1977, s. 4 (1) (a) (Judge as Chairman).

Samoan Land and Titles Protection Ordinance 1934, s. 61 (no appeal to Supreme Court for Land and Titles Court).

Shipping Act 1972, s. 24 (jurisdiction in respect of shipping matters).

See also, s. 3 (2) of the Coroners Ordinance 1959 (powers, privileges, authorities, and immunities of coroners as for judges, and issue of summonses and writs); and s. 8 (2) of the Legislative Assembly Powers and Privileges Ordinance 1960 (powers of committees of Legislative Assembly as for Judges, in respect of oaths, evidence and order).

32. Powers of the Court may be exercised by one or more Judges - Each Judge of the Supreme Court or any 2 or more Judges may in any part of Western Samoa and at any time or place exercise all the powers and functions of the Supreme Court.

See the parallel provision in Article 66 of the Constitution.

33. Interpretation of provisions of the Constitution - (1) The Head of State, acting on the advice of the Prime Minister, may refer to the Supreme Court for its opinion any question as to the interpretation or effect of any provision of the Constitution which has arisen or appears likely to arise, and the Court shall pronounce its opinion on any question so referred to it.

(2) Without prejudice to any appellate or revisional jurisdiction of the Supreme Court, where in any proceedings before another court except the Court of Appeal a question arises as to the interpretation or effect of any provision of the Constitution, the Supreme Court may, on the application of any party to the proceedings, determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination.

See s. 45 (2) (a) and (b) of this Act, and Article 78 (2) and (3) and Article 80 of the Constitution.

34. Oath of office - Every Judge of the Supreme Court shall, before assuming the functions of his office, take and subscribe before the Head of State an oath in the form set out in the Second Schedule hereto.

This oath is also prescribed by Article 67 of the Constitution.

35. Registrar - (1) There shall be appointed from time to time by [the Public Service Commission of Western Samoa] a Registrar of the Supreme Court.

(2) The Registrar shall be responsible to the Minister of Justice for the administration and control of the Court offices and he shall keep or cause to be kept such records of the proceedings of the Court and matters pertaining thereto as the Minister of Justice may direct and shall perform such other duties in relation to the administration of the Court as the Chief Justice may require.

In subs. (1) the reference to the Public Service Commission of Western Samoa was substituted for a reference to the Public Service Commission by s. 3 of the Public Service Act 1965. 

The Registrar is also Registrar of Patents, see s. 2 of the Patents Act 1972.

36. Deputy Registrars - (1) There shall be appointed from time to time by [the Public Service Commission of Western Samoa] such Deputy Registrars of the Supreme Court as the Minister of Justice may direct.

(2) A Deputy Registrar appointed under this section shall, subject to the control of the Registrar, possess, exercise and perform the same powers, functions and duties as the Registrar; every reference in this Ordinance to the Registrar of the Supreme Court shall so far as applicable extend and apply to a Deputy Registrar.

In subs. (1) the reference to the Public Service Commission of Western Samoa was substituted for a reference to the Public Service Commission by s. 3 of the Public Service Act 1965.

37. Court administrative officers - There shall be appointed from time to time by [the Public Service Commission of Western Samoa] such interpreters, bailiffs, clerks and administrative officers as the Minister of Justice may require who shall perform such duties in relation to the administration of the Court as may be assigned to them by the Registrar.

In subs. (1) the reference to the Public Service Commission of Western Samoa was substituted for a reference to the Public Service Commission by s. 3 of the Public Service Act 1965.

38. Seal of the Court - The Supreme Court shall have in the custody of each Judge, Registrar and Deputy Registrar a seal of the Court in such form as the Chief Justice may approve, for the sealing of all judgments, orders, decrees, warrants, records and other instruments that require to be sealed by the Court.

Letters patent are sealed with the seal of the Supreme Court, see s. 4 (2) of the Patents Act 1972.

39. Practice and procedure - Subject to the provisions of this Ordinance, the Code of Criminal Procedure, and the Rules of Court, the practice and procedure of the Supreme Court in the exercise of its civil and criminal jurisdiction shall be such as the Court thinks in each case to be most consistent with natural justice and convenience.

40. Rules of Court - (l) The Head of State may from time to time, acting on the advice of the Prime Minister and with the concurrence of the Rules Committee, make, alter, or revoke, such rules as are consistent with this Ordinance and with any other enactment giving jurisdiction to or relating to procedure in the Supreme Court and the Court of Appeal for the purpose of regulating the practice and procedure of both Courts in all matters within their jurisdiction, fixing scales of fees and costs payable in respect of and prescribing forms to be used in connection with the proceedings of both Courts.

(2) The Rules Committee referred to in this Ordinance shall consist of the Chief Justice, the Attorney-General and at least one qualified practising member of the legal profession in Western Samoa appointed by the Chief Justice for a term not exceeding 3 years. The Chief justice, or in his absence the Attorney-General, shall be the convener and chairman of the Committee.

See further as to the making of Rules of Court: 
Acts Interpretation Act 1974, s. 25.
Administration Act 1975, s. 29.
Arbitration Act 1976, ss. 4, 19 (2), 23 (3).
Carriage by Air Act 1964, s. 11 (actions against High Contracting Parties).
Criminal Procedure Act 1972, s. 176
Customs Act 1977, s. 255 (2) (condemnation of goods seized).
Divorce and Matrimonial Causes Ordinance 1961, ss. 34 (fees), 38 (procedure).
Electoral Act 1963, s. 109 (electoral petitions)
Government Proceedings Act 1974, ss. 23, 24.
Industrial and Provident Societies Act 1968, s. 10 (appeals). Judgment Summonses Act 1965, s. 2.
Law Practitioners Act 1976, s. 50 (admission, etc.). Magistrates' Courts Act 1969, s. 136
Public Trust Office Act 1975, s. 105 (contempt on failure to disclose or deliver property).
Reciprocal Enforcement of Judgments Act 1970, s. 5

PART III

THE COURT OF APPEAL

41. Constitution of the Court of Appeal - (1) There shall be a Court of Appeal of Western Samoa, which shall be a superior court of record.

(2) Subject to the provisions of this Part, the Judges of the Court of Appeal shall be:

(a) The Chief Justice and the other Judges of the Supreme Court:

(b) Such persons, possessing the qualifications prescribed under the provisions of section 23, as may be appointed from time to time by the Head of State, acting on the advice of the Judicial Service Commission.

(3) The Chief Justice shall be President of the Court of Appeal, but, in his absence, the senior Judge of the Court present at the appeal or, if the Judges so present are of the same seniority, a Judge designated by the Chief Justice shall preside.

(4) An appointment under the provisions of subsection (2) (b) hereof shall be for a period of time or for the trial or hearing of particular causes or matters, as may be specified in the instrument of appointment.

As to subss. (1) to (3), see the parallel provisions of Article 75 of the Constitution.

42. Remuneration of Judges on Appeal - Each Judge of the Court of Appeal appointed under the provisions of section 41 subsection (2) (b) shall receive such remuneration for his services as may be fixed by the Head of State, acting on the advice of the Judicial Service Commission, and appropriated from time to time by the Legislative Assembly for the purpose.

43. Number of Judges - Any 3 Judges of the Court of Appeal may exercise all the powers of the Court:

Provided that:

(a) Any 2 Judges of the Court may act as the Court of Appeal for the purpose of delivering any judgment of the Court; and

(b) Any 2 Judges of the Court may exercise all the powers of the Court of Appeal on the certificate of the President of the Court that it is in the interests of justice that they should do so.

See the parallel provisions of Article 76 of the Constitution.

44. Precedence of Judges - Judges of the Court of Appeal shall take seniority according to the respective dates of their first appointment as Judges of a superior court in Western Samoa or in any approved country.

See the parallel provisions of Article 75 (4) of the Constitution.

45. Jurisdiction - (1) The Court of Appeal shall have power and jurisdiction to hear and determine all appeals from any judgment, decree, or order of the Supreme Court whether in its civil or criminal jurisdiction, subject to the provisions of this Ordinance, and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Ordinance.

(2)	(a) An appeal shall lie to the Court of Appeal from any decision of the Supreme Court in any proceeding, if the Supreme Court certifies that the case involves a substantial question of law as to the interpretation or effect of any provision of the Constitution:

(b) Where the Supreme Court has refused to give such a certificate, the Court of Appeal may, if it is satisfied that the case involves a substantial question of law as to the interpretation or effect of any provision of the Constitution, grant special leave to appeal from that decision:

(c) Where such a certificate is given or such leave is granted, any party in the case may appeal to the Court of Appeal on the ground that any such question as aforesaid has been wrongly decided and, with the leave of that Court, on any other ground.

(3) An appeal shall lie to the Court of Appeal from any decision of the Supreme Court in any proceedings under the provisions of Article 4 of the Constitution.

As to subs. (2) (a) and (b), see s.33 of this Act, and Articles 79 and 80 of the Constitution.

46. Judges not to sit on appeal from their own decisions - A Judge of the Court of Appeal shall not sit on the hearing of an appeal from any decision made by him or by a court on which he sat as a member.

See the parallel provisions of Article 77 of the Constitution.

47. Judgment to be that of the majority - (1) The judgment of the Court of Appeal shall be in accordance with the opinion of the majority of the Judges present.

(2) If on the hearing on appeal or application the Court of Appeal is equally divided the appeal or application, as the case may be, shall be dismissed.

48. Decision of the Court of Appeal to be final - The decision of the Court of Appeal on any appeal from the Supreme Court shall be final.

49. Oath of office - Any person appointed under the provisions of section 41 subsection (2) (b) to be a Judge of the Court of Appeal shall, on first appointment, take and subscribe before the Head of State an oath in the form set out in the Second Schedule hereto.

See the parallel provisions of Article 78 of the Constitution.

50. Officers - The Registrar, Deputy Registrars and other officers of the Supreme Court shall, without further appointment, act in the like capacity in the Court of Appeal.

51. Appeals in civil cases – An appeal shall lie in any action, cause or matter, not being a criminal proceeding, to the Court of Appeal from the Supreme Court -

(a) As of right when the matter in dispute amounts to or is of the value of [$400] or upwards; and

(b) With leave of the Court of Appeal or of the Supreme Court if in the opinion of either Court the question involved in the appeal is one which by reason of its general or public importance or the magnitude of the interests affected, or for any other reason, ought to be submitted to the Court of Appeal for decision.

52. Questions of law may be reserved for decision of Court of Appeal - The Supreme Court may reserve for consideration by the Court of Appeal, on a case stated, any question of law which may arise on the trial of any action, cause or matter, and may give any judgment or decision, subject to the opinion of the Court of Appeal, and the Court of Appeal shall have power to hear and determine and read such question.

53. Appeals in criminal cases - A person convicted on a trial held before the Supreme Court may appeal to the Court of Appeal -

(a) Against his conviction on any ground of appeal which involves a question of law alone;

(b) With the leave of the Court of Appeal or upon the certificate of the Judge who tried him that it is a fit case for appeal against his conviction on any ground of appeal which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the Court to be a sufficient ground of appeal;

(c) With the leave of the Court of Appeal against the sentence passed on his conviction unless the sentence is one fixed by law.

54. Order granting leave for appeal - (1) No such appeal, whether as of right or not, shall be brought except in pursuance of an order of the Supreme Court granting leave to appeal:

Provided that, subject to the provisions of subsections (3) and (4) of this section, the Supreme Court shall grant such leave in every case where the appellant is entitled to appeal as of right.

(2) Application to the Court for leave to appeal shall be made at the time when judgment is given or within 21 days thereafter or, if the appellant is not sentenced on the date of conviction, at any time after the conviction but not later than 21 days after the date of sentence.

(3) Leave to appeal shall be granted only on condition that the appellant within a period to be fixed by the Court, not exceeding 2 months from the date of the hearing of the application, gives security to the satisfaction of the Court or the Registrar thereof in a sum to be fixed by the Court, not exceeding [$200], for the payment of the costs of the appeal:

Provided that, in the case of any appeal from a judgment of the Court in the exercise of its criminal jurisdiction, the Court may grant leave to appeal without requiring the appellant to give security for costs.

(4) Where the Court grants leave to appeal on condition that the appellant gives security for costs, the order granting leave to appeal shall not be sealed until that security has been duly given.

55. Proceedings in the Supreme Court may be removed into the Court of Appeal - (1) The Supreme Court may order the removal into the Court of Appeal of any of the following proceedings -

(a) Any notice of motion;

(b) Any petition presented;

(c) Any special case stated;

(d) Any question of law ordered to be argued;

(e) Facts stated by assessors that have not found for either party.

(2) On removal the Court of Appeal shall have the same power to adjudicate on the proceedings as the Supreme Court had.

56. Powers of the Court of Appeal - (1) On any appeal from the Supreme Court the Court of Appeal may affirm, reverse, or vary the judgment appealed from, or may order a new trial, or may make any such order with respect to the appeal as the Court thinks fit, and may award such costs as it thinks fit to or against any party to the appeal.

(2) Without limiting the general powers conferred by subsection (1) of this section, the Court of Appeal may -

(a) On any appeal against conviction quash the conviction for any offence and substitute a conviction for any other offence which the Court thinks is justified upon its finding of the facts and may pass such sentence in respect of such substituted conviction as it thinks fit;

(b) On any appeal against sentence quash the sentence passed and pass such other sentence as the Court thinks ought to have been passed, and in any other case shall dismiss the appeal.

57. Evidence on appeal - Every such appeal shall, so far as it relates to any question of fact, be determined by the Court of Appeal by reference to the evidence heard at the trial as certified under the seal of the Supreme Court, and no further evidence shall, without the leave of the Court of Appeal, be heard or admitted.

58. Stay of execution - An appeal to the Court of Appeal shall not operate as a stay of execution unless the Supreme Court or the Court of Appeal otherwise orders or unless the appellant has been sentenced to death.

59. Release from custody - (1) When leave to appeal to the Court of Appeal from any conviction is granted by the Supreme Court, the Supreme Court may, if it thinks fit, release the appellant from custody on bail pending the determination of the appeal.

(2) Any person so released on bail may be at any time, and for any reason which the Supreme Court thinks sufficient, arrested by warrant and committed to prison, there to undergo his sentence.

(3) Any period during which an appellant has been so at large on bail shall not be computed as part of the term of imprisonment to which he has been sentenced.

60. Execution of order - The determination of the Court of Appeal on an appeal from the Supreme Court shall be transmitted to the Registrar of the Supreme Court under the seal of the Court of Appeal, and judgment shall thereupon be entered in the Supreme Court in conformity with that determination, or such other proceedings by way of a new trial or otherwise shall be taken in the Supreme Court as are required by such determination.

61. Non-prosecution of appeal - If the appellant does not prosecute his appeal with due diligence, the respondent may apply either to the Supreme Court or to the Court of Appeal for an order dismissing the appeal for non-prosecution, and if such order is made the costs of the appeal and the security entered into by the appellant shall be dealt with in such manner as that Court may direct.

62. Court seal - The Court of Appeal shall have in the custody of the Registrar a seal of that Court, in such form as the Chief Justice approves, for the sealing of all documents which require to be sealed.

63. No appeal on appeals from Magistrate's Court without leave - The determination of the Supreme Court sitting on appeal from the Magistrate's Court shall be final unless leave to appeal to the Court of Appeal is given.

64. Special leave to appeal may be granted by the Court of Appeal - (1) Subject to rules of Court, the Court of Appeal may, in any case in which it thinks fit and at any time, grant special leave to appeal to that Court from any final judgment of the Supreme Court.

(2) Such leave may be granted subject to such conditions as to security for costs and otherwise as the Court of Appeal thinks fit.

(3) All the provisions of this Part of this Ordinance shall, so far as applicable, apply to appeals in pursuance of such special leave.

65. Rules of practice - Subject to the provisions of this Ordinance, the practice and procedure of the Court of Appeal shall be regulated by the rules contained in the First Schedule hereto.

PART IV

SAVINGS, ETC.

66. Repeal of Parts III and I V of the Samoa Act 1921 (N.Z.) - (1) This Ordinance is declared to be enacted in substitution for Parts III and IV of the Samoa Act 1921 (N.Z.), as amended by subsequent Acts of the New Zealand Legislature and it is hereby declared that the said Parts III and I V shall, from the date this Ordinance comes into force, no longer form part of the law of Western Samoa.

(2) It is hereby declared that the enactment of this Ordinance shall not affect any document made, proceedings commenced, or anything whatsoever done under Parts III and IV of the Samoa Act 1921 (N.Z.), or under any corresponding former provisions, and every such document, .proceeding, or thing, so far as it is subsisting or in force at the date this enactment comes into force and could have been made, commenced, or done under this Ordinance, shall continue and have effect as if it had been made, commenced or done under the corresponding provision of this Ordinance, and as if that provision had been in force when the document was made or the proceedings were commenced or the thing was done.

__________

SCHEDULES 
__________

FIRST SCHEDULE

Section 65

THE COURT OF APPEAL RULES

ANALYSIS

PART I
PRELIMINARY

1. Title
2. Interpretation

PART II
GENERAL

3. Sittings of Court as directed by President
4. Commencement of appeals
5. Procedure regarding grounds of appeal
6. Court may adjourn appeal
7. Court may enlarge time for obeying rules
8. Preparation of record
9. Fees payable

PART III
CIVIL APPEALS

10. Appeals to be by notice stating grounds
11. Respondents may file notice of cross-appeal
12. Appeal deemed to be abandoned if appellant fails to give security for costs
13. Appellant to prepare record
14. Documents to be lodged with Registrar
15. Documents to be served on respondent
16. Registrar to set down appeal
17. No stay of execution unless Court so orders
18. Time limit for appeal
19. Court may extend time limit
20. Notice of hearing to be served on parties
21. Procedure if appellant fails to appear
22. Procedure if respondent fails to appear
23. Production of new evidence
24. Power of Court regarding judgment
25. Court may order new trial
26. Cost in accordance with Second Schedule but Court has discretion

PART IV
CRIMINAL APPEALS

27. Commencement of appeals
28. Time limit for appeals
29. Extension of time
30. Documents to be procured from Supreme Court by Registrar
31. Copies of documents to be supplied to appellant on request
32. Documents to be lodged with Registrar by appellant
33. Registrar to prepare record if appellant not represented
34. Registrar to set down appeal for hearing
35. When appeal deemed to be abandoned
36. Supreme Court to be notified of decision
37. Appeal where sentence of death involved
38. Non-compliance with rules may be waived
39. Forms for documents as in Third Schedule

Schedules
__________

PART I

PRELIMINARY

1. Title - These Rules may be cited as the Court of Appeal Rules 1961.

2. Interpretation - In these Rules, unless the context otherwise requires,-

"Appellant" includes a person who has been convicted and desires to appeal under these Rules:

"Court of Appeal" means the Court of Appeal of Western Samoa:

"Decision" includes any judgment or order:

"Record" means the aggregate of papers relating to an appeal (including the pleading, proceedings, evidence and judgments) proper to be laid before the Court of Appeal on the hearing of the appeal:

"Registrar" means the Registrar of the Court of Appeal:

"Respondent" includes any person who has been served with notice of appeal or who is entitled to be so served:

"Sentence" includes any order of the Court made on conviction with reference to the person convicted.

PART II
GENERAL

3. Sittings of Court as directed by President - Sittings of the Court of Appeal shall be convened and constituted from tithe to time, and the time and place for the hearing of all criminal and civil appeals shall be settled in accordance with directions to be given by the President of the Court.

4. Commencement of appeals - All appeals to the Court of Appeal shall be commenced by filing with the Registrar a notice of appeal, or an order granting leave to appeal, as the case may be.

5. Procedure regarding grounds of appeal - The appellant shall not, without the leave of the Court of Appeal, urge or be heard in support of any ground of objection not stated in his notice of appeal; but the Court of Appeal in deciding the appeal shall not be confined to the grounds so stated:

Provided that the Court of Appeal shall not rest its decision on any ground not stated in the notice of appeal, unless the respondent has had sufficient opportunity of contesting the case on that ground.

6. Court may adjourn appeal - If for any reason it appears right to adjourn an appeal, the Court of Appeal shall have full power to do so upon such terms and for such time as seems fit.

7. Court may enlarge time for obeying Rules - The Court of Appeal may enlarge the time prescribed by the Rules for the doing of anything to which these Rules apply.

8. Preparation of record - The record shall be prepared on paper of foolscap size and may be printed, typed or cyclostyled. If typed or cyclostyled the spacing known as double spacing will be used and the margin will be 1/4 of the width of the paper.

9. Fees payable - The fees set forth in the First Schedule hereto shall be the fees payable in respect of proceedings in the Court of Appeal.

PART III

CIVIL APPEALS

10. Appeals to be by notice stating grounds - All appeals to the Court of Appeal shall be by notice of motion stating the grounds of the appeal and whether the whole or part only of the decision is complained of. The notice of motion shall be filed with the Registrar and shall be served on every party directly affected by the appeal.

11. Respondent may file notice of cross-appeal - (1) if the respondent wishes to appeal to the Court of Appeal for a variation of the decision appealed against then he shall within 10 days of the date of service on him of the Notice of Appeal file a notice of cross-appeal.

(2) The respondent shall deliver such notice together with 4 copies thereof to the Registrar and shall on the same day serve a copy thereof on the appellant.

(3) In such notice the respondent shall state fully the particulars in respect of which he seeks a variation of the decision.

12. Appeal deemed to be abandoned if appellant fails to give security for costs - If the appellant shall fail to give security for costs within the time specified in the order granting leave to appeal or any extended time fixed by the Court (but not in any event exceeding 2 months from the date of the order) the appeal shall be deemed to be abandoned.

13. Appellant to prepare record - The appellant shall be responsible for the preparation of the record which shall include copies of the following documents:

(a) The pleadings:

(b) Any interlocutory orders with all motions, affidavits and other documents filed in connection therewith:

(c) Notes of evidence taken at the trial:

(d) All exhibits to which it is considered necessary to make reference at the hearing of the appeal:

(e) A list of all exhibits not forming part of the record:

(f) The judgment appealed from:

(g) Notice of cross-appeal, if any:

(h) Order granting leave to appeal, if any.

14. Documents to be lodged with Registrar - When the appellant is ready to proceed with the hearing of the appeal but not in any event later than 3 months after the filing of the notice of appeal or of the order granting leave to appeal, as the case may be, he shall lodge with the Registrar:

(a) Praecipe to set appeal down for hearing:

(b) The record:

(c) Six copies of the record for the use of the Judges of the Court of Appeal.

15. Documents to be served on respondent - On the same day or as soon as practicable thereafter the appellant shall serve or cause to be served upon the respondent a copy of the praecipe to set the appeal down for hearing together with a copy of the record.

16. Registrar to set down appeal - Upon the lodging of the documents in accordance with Rule 14 hereof the Registrar will thereupon set down the appeal by entering the same in the list of appeals and it shall come on for hearing according to its order in such list unless the Court of Appeal or the President thereof shall otherwise direct.

17. No stay of execution unless Court orders - The appeal shall not operate as a stay of execution or of proceedings under the decision appealed from except in so far as the Supreme Court or the Court of Appeal may order, and no intermediate act or proceedings shall be invalidated except so far as the Supreme Court may direct.

18. Time limit for appeal - No appeal to the Court of Appeal from any decision of the Court shall be brought after the expiration of 30 days from the time when the appellant first had notice thereof unless the Supreme Court or the Court of Appeal shall enlarge the time for giving notice of appeal.

19. Court may extend time limit - The Court of Appeal shall have power to extend the time for appealing, or to amend the grounds of appeal, or to make any other order on such terms as the Court shall think fit to ensure the determination on the merits of the real question in controversy between the parties.

20. Notice of hearing to be served on parties - The Registrar shall cause notice of the date of hearing to be served upon the appellant and the respondent not less than 10 days before such date.

21. Procedure if appellant fails to appear - If the appellant fails to appear in person or by counsel when his appeal is called on for hearing, the appeal shall, on proof of service upon him of notice of the hearing, stand dismissed with costs:

Provided that when an appeal has been dismissed owing to the non-appearance of the appellant or his counsel the Court of Appeal may, if it thinks fit, and on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing.

22. Procedure if respondent fails to appear - If the respondent fails to appear, in person or by counsel when the appeal is called for hearing, the Court of Appeal shall, on proof of service of notice of hearing, proceed to hear the appeal ex parte.

23. Production of new evidence - (1) It shall not be open, as of right, to any party to an appeal to adduce new evidence in support of his original case, but a party may allege any facts essential to the issue which have come to his knowledge after the date of the decision from which the appeal is brought, and may adduce evidence in support of his allegations.

(2) The Court of Appeal may in any case, if it thinks fit, allow or require new evidence to be adduced, either by oral examination in Court, by affidavit, or by depositions taken before an examiner or commissioner.

24. Power of Court regarding judgment - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which the Court considers ought to have been made, and to make such further or other order as the case may require.

25. Court may order new trial - If on the hearing of an appeal it shall appear to the Court that a new trial ought to be had, it shall be lawful for the Court, if it shall think fit, to order that the decision appealed from, be set aside, and that a new trial shall be had.

26. Costs in accordance with Second Schedule but Court has discretion - The costs of proceedings in the Court of Appeal shall be in accordance with the Second Schedule to these Rules; but costs shall in every case be in the discretion of the Court of Appeal which may make such order as in the circumstances may appear to the Court to be just.

PART IV

CRIMINAL APPEALS

27. Commencement of appeals - All appeals to the Court of Appeal in its criminal jurisdiction shall be commenced by a notice of appeal or a motion for leave to appeal as the circumstances may require. Such notice or motion shall be signed by the appellant personally or by a solicitor or counsel acting on the appellant's behalf.

28. Time limit for appeals - No appeal against conviction and sentence, or against sentence alone, shall be brought after the expiration of 21 days from the date of passing sentence unless the Supreme Court or the Court of Appeal shall enlarge the time for filing the notice or motion.

29. Extension of time - Application to the Court of Appeal for an extension of time within which to file the notice of appeal or the motion for leave to appeal shall be made by motion with or without supporting affidavit.

30. Documents to be procured from Supreme Court by Registrar - Upon receipt of a notice of appeal or order granting leave to appeal the Registrar shall procure from the Supreme Court the following documents:

(a) The information;

(b) A copy of the Judge's notes of evidence or the stenographic record;

(c) All exhibits which it may be practicable to transmit;

(d) A list of the remaining exhibits;

(e) A copy of the reasons for judgment, if given;

(f) A copy of the formal conviction and sentence, and of any ancillary order made by the Supreme Court in connection therewith;

(g) A list of previous convictions, if any, in the case of an appeal against sentence.

31. Copies of documents to be supplied to appellant on request - The Registrar will upon request supply to the appellant a copy of the above documents to enable the appellant to prepare the record; provided that the appellant shall unless the Supreme Court orders otherwise pay a fee of [5 sene] per folio of 72 words for notes of evidence, copies of exhibits and notes of reasons for judgment.

32. Documents to be lodged with Registrar by appellant - The appellant will within a period of 6 weeks following the filing of the notice of appeal or of the order granting leave to appeal, as the case may be, lodge with the Registrar -

(a) The record;

(b) Six copies of the record for the use of the Judges of the Court of Appeal;

(c) Two copies of the record for service on the Attorney-General and the Prosecuting Officer.

33. Registrar to prepare record if appellant not represented - If the appellant shall not be represented by a solicitor then it shall be the duty of the Registrar to prepare the record and the copies for the use of the Judges of the Court of Appeal and to have service of 2 copies effected on the Attorney-General and the Prosecuting Officer.

34. Registrar to set down appeal for hearing - Upon the lodgment by the appellant or the preparation and service by the Registrar of the copies of the record, as the case may be, the Registrar will thereupon set down the appeal for hearing by entering the same in the list of appeals and it shall come on for hearing according to its order in such list unless the Court of Appeal or the President thereof shall otherwise direct.

35. When appeal deemed to be abandoned - If upon the expiration of 6 weeks from the date of filing notice of appeal or of the order granting leave to appeal, as the case may be, the appellant shall have failed, to prepare and lodge the record as provided in clause 32 hereof then the appeal shall be determined to have been abandoned.

36. Supreme Court to be notified of decision - On the final determination of an appeal the Registrar shall in such manner as he thinks most convenient, notify the Registrar of the Supreme' Court of the decision of the Court of Appeal and of any orders or directions made or given by the Court of Appeal in respect of such appeal or any matter connected therewith.

37. Appeal where sentence of death involved - In the case of an appeal relating to a conviction involving sentence of death the Registrar shall upon receiving notice of appeal send a ropy thereof, together with a copy of the conviction appealed from, to the Head of State; and on the final determination of any such appeal by the Court of Appeal shall forthwith notify the Head of State, [the Commissioner of the Police Service and Prisons] and the appellant of the decision o£ the Court upon such appeal.

The reference to the Commissioner of Police Service and Prisons has been substituted for a reference to the Superintendent of Police and Prisons pursuant to s. 4 (1) (a) of the Existing Law Adjustment Ordinance 1961; see also s. 6 of the Prisons Act 1967, and Part XIV of W.S.R. 1954/11.

38. Non-compliance with rules may be waived - Non-compliance on the part of an appellant with these rules or with any rule of practice for the time being in force under the Ordinance shall not prevent the further prosecution of his appeal if the Court of Appeal or the President thereof considers that such non-compliance was not wilful and that it may be waived or remedied by amendment or otherwise. The Court of Appeal or the President thereof may in such manner as is thought proper direct the appellant to remedy such non-compliance and upon the proper action being taken by the appellant the appeal shall proceed.

39. Forms for documents as in Third Schedule - The forms set out in the Third Schedule to these Rules shall as far as practicable be used for all documents filed in the Court of Appeal. Where no express form is given the document will, as closely as may be, follow the practice of the Supreme Court.
_____________

SECOND SCHEDULE
Section 34

JUDICIAL OATH TO BE TAKEN BY JUDGES OF THE SUPREME COURT AND COURT OF APPEAL

I, ........................................................................................................................... swear by Almighty God that I will well and truly serve the Independent State of Western Samoa in accordance with the Constitution and the Law; and I will do right to all manner of people, without fear or favour, affection or ill will.
So help me God!
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[FIRST SCHEDULE

See reg. 2 of W.S.R. 1964/3, reprinted in this title.

Rule 9

FEES PAYABLE TO REGISTRAR OF COURT OF APPEAL

	$	
Filing notice of motion of appeal …………………………………………..	4	
Filing case ………………………………………………………………….	1	
Setting down case on appeal or on removal from the Supreme Court……...	3	
Hearing case on appeal or removed – 		
For the 1st day or part thereof ……………………………………...	10	
For each succeeding day or part thereof …………………………...	4	
Sealing any order	3	
Sealing any duplicate thereof ………………………………………	2	
Sealing any document not otherwise provided for …………………………	3	
Sealing any duplicate thereof ………………………………………	2	
Filing any motion …………………………………………………………..	2	
Filing any document not otherwise provided for …………………………..	1	
Matters not specified above: the fees charged in respect of similar matters in civil proceedings in the Supreme Court.	

_______

[SECOND SCHEDULE
See reg. 2 of W.S.R. 1964/3, reprinted in this title.

Rule 26

SCALE OF COSTS
	Under	$400
to	Over	
	$400	$1,000	$1,000	
1. Drawing and settling case.	$10.50	$21	$31.50	
2. Settling down a case and arguing to judgment	
$42.00	
$100	
$150	

3. Cost of printing, typewriting or cyclostyling: Whatever the amount paid, or, if the typewriting or cyclostyling has been carried out in the office of the solicitor for the appellant, such sum as may be allowed by the Registrar in that behalf.

4. For every day of hearing after the first: A sum to be fixed by the Court, not exceeding $42.

5. Extra counsel, if certified for: Not exceeding $21 each per day.

6. If affidavits are allowed, or evidence is taken orally: Such costs in respect thereof as are fixed by the Court.

7. If money is not claimed, costs shall be on such of the abovementioned scales as shall be determined by the Court, having regard to the importance of the case.

8. If different questions are involved, the costs may be apportioned by the Court.
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[THIRD SCHEDULE
See reg. 2 of W.S.R. 1964/3, reprinted in this title.

Rule 39

Form No. 1

NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL

Name of Appellant: ................................................................................................................
Offence of which convicted: ..................................................................................................
Place of conviction: ................................................................................................................
Date of conviction: .................................................................................................................
Sentence: ................................................................................................................................
Name of prison (or, if not in prison, full postal address of appellant): ..................................

To the Registrar of the Court of Appeal

I, the above-named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my (conviction) (sentence) (conviction and sentence) on the grounds set forth below, and I give answers as follows to the following questions:

1. Did the judge before whom you were tried grant you a certificate that it was a fit case for appeal? .................................................................................................................

2.	(a) Is any solicitor now acting for you? ................................................................

(b) If so, give his name and address: ....................................................................

3.	(a) Do you desire to apply for leave to call any witnesses on your appeal?

(b) If so then state -

(1) Name and address of witness: .................................................................

(2) Whether the witness was examined at the trial: ......................................

(3) If not, reason why he was not so examined: ...........................................

(4) On what matters you wish him to be examined: .....................................

(5) Shortly, what evidence you think he can give: ........................................

4. If your appeal or application is out of time, what do you submit as reasons why the Court should nevertheless entertain your appeal or application?

5.	(a) If you are not on bail, do you desire to be admitted to bail? ...........................

(b) If so, what reasons do you submit for being admitted to bail? ........................

6. What are the grounds of your appeal or application for leave to appeal?

(You are referred to Rule 5 of the principal Rules. You are informed that you may present your case and argument in writing instead of by oral argument if you so desire, and any case or argument so presented will be considered by the Court. If you desire to present your case and argument in writing set out here as fully as you think right your case and argument in support of your appeal. Additional sheets may be attached to this form).

Dated at ........................ this.................... day of .......... 19........ 

Signature of Appellant: .......................................
___________

Form No. 2

JUDGE'S CERTIFICATE

In the Supreme Court of Western Samoa 

Held at …………..............................
………………………………………………….. Informant.

…………………………………………………. Defendant.

WHEREAS (Full name) was on the ................ day of ............ 19........ convicted within the meaning of the Judicature Ordinance 1961 before me for the offence of (Insert name of offence), and was thereupon sentenced by me to ................................................

I DO HEREBY CERTIFY, under paragraph (b) of section 53 of the said Ordinance that the case is a fit case for appeal upon the following grounds:

Dated at .......................... this .............. day of .............. 19........

Signature of Judge: ….............................
__________

Form No. 3

NOTIFICATION TO APPELLANT OF RESULT OF APPEAL

In the Court of Appeal of Western Samoa

Held at ………………………….
…………………………………………………Appellant.

…………………………………………………Respondent.

TO THE ABOVE-NAMED APPELLANT

THIS is to give you notice that the Court of Appeal has considered the matter of your appeal and has finally determined the same, and has this day given judgment to the effect following, namely – (that your appeal be dismissed), or (that the sentence imposed upon you be altered from ................ to ....................), (or as the case may be).

Dated at …..................... this…................. day of …......... 19..,…........

……………………………………….
Registrar of the Court of Appeal.
_____________

Form No. 4

NOTIFICATION TO APPELLANT OF RESULT OF APPLICATION

In the Court of Appeal of Western Samoa

Held at .....................................
…………………………………………………Appellant,

…………………………………………………Respondent

TO THE ABOVE APPELLANT

THIS is to give you notice that the Court of Appeal has considered the matter of your application for -
Leave to appeal to the said Court against (conviction) (sentence),

Leave to extend the time within which you may give (notice of appeal) or (Notice of application for leave to appeal),

Permission to be present during the proceedings in your (appeal) (application for leave to appeal), (or as the case may be) and has finally determined the same, and has this day given judgment to the effect following namely, (that you have .......................... days from the ................ day of .............................. 19 ........ within which you may give notice of appeal), (or as the case may be).

Dated at .................... this .................... day of ................ 19 ........ 

……………………………………..
Register of the Court of Appeal
_____________

Form No. 5

WARRANT TO ARREST

In the Court of Appeal of Western Samoa

Held at …………………………..

…………………………………………………...Appellant,

…………………………………………………Respondent.

WHEREAS A. B., an appellant under the Judicature Ordinance 1961, has been released by this Court on bail, and it has now been ordered by this Court that a warrant be issued for his apprehension and committal to prison:

This is to command you to whom this warrant is addressed to arrest the said A. B. and to lodge the said A. B. in the prison at ......................., there to be imprisoned by the Gaoler of the said prison until further order of this Court.

Dated at ................. this ................ day of ....:............... 19 ........

………………………………….
Judge
To W.T.,Constable (By his proper title), of…………………………., and to all other
constables. 
__________

Form No. 6

NOTICE OF ABANDONMENT OF APPEAL

........................................Informant,

........................................Defendant.

TO THE REGISTRAR OF THE COURT OF APPEAL

I, (full name), having been convicted in the Supreme Court at ............................ for the offence of ..................... and having been desirous of appeal and having sent to the Court of Appeal notice to that effect, do hereby give you notice that I do not intend further to prosecute my appeal, and that I hereby abandon all further proceedings in regard thereto as from the date hereof.

Dated at .................. this .................... day of ................ 19 ................

Signature:.......................................... 
Witness to signature of (Full name) -

Signature of Witness: ...............................................

Address: ...................................................................

Description: .............................................................
_________

Form No. 7

BAIL BOND FOR THE ATTENDANCE OF THE APPELLANT

In the Court of Appeal of Western Samoa

Between: ......................................................................................................... APPELLANT
(Full Name)
and: ..................................................................................................................RESPONDENT
(Full Name)
(Full Name), of (address, occupation) (hereinafter called the Appellant) has appealed against his conviction (or sentence or conviction and sentence) for ...................................... and (full name, address and occupation) has agreed to act as surety.

I, the Appellant, bind myself to perform the following obligations that is to say:

(1) To attend personally before the Court of Appeal at the time fixed for the hearing of the appeal and on any day to which the hearing may be from time to time adjourned (and in the meantime to report ...................... at the Police Station at ....................).

(2) To prosecute with due diligence an appeal against such conviction (or sentence or conviction and sentence).

And I, the Appellant, acknowledge myself bound to forfeit to the Government the sum of $...................... in the event that I fail to perform any of the above conditions; and 1, the surety, acknowledge myself bound to forfeit to the Government the sum of $.................... in the event that the Appellant fails to attend.

............................................. APPELLANT.

……............................................. SURETY.

Taken before me at ......................................... this .............. day of .................... 19 ........
………….........................................
Magistrate or Registrar.
__________

Form No. 8

NOTICE OF BOND

In the Court of Appeal of Western Samoa

BETWEEN: ........................................................................ APPELLANT.
(Full Name)
AND: ................................................................................... RESPONDENT.
(Full Name)
……………………………………….
To (Full name) Appellant.

TAKE notice that if you, the above-named appellant fail to perform the conditions following or any of them, namely (here set out conditions as in bond) then you will forfeit to the Government of Western Samoa the sum of $........................

Dated at ................................................... this.................... day of ................ 19........

………………………………………………..
Magistrate or Registrar
___________

Form No. 9

NOTICE OF BOND

In the Court of Appeal of Western Samoa

BETWEEN: ..............................................................................................APPELLANT.
(Full Name)
AND: .........................................................................................................RESPONDENT.
(Full Name)

To (Full name), Surety.

TAKE notice that if the above-named appellant fails to attend personally before the Court of Appeal at the time fixed for the hearing of the Appeal or on any day to which the hearing may be from time to time adjourned then you will forfeit to the Government of Western Samoa the sum of $.................... 

Dated at .................................................this.................... day of................ 19........

…………………………………………….
Magistrate or Registrar.

………………………….. Secretary to Cabinet.]

The First, Second and Third Schedules to the Rules, set out in bold square brackets above, were added by rule 2 of the Court of Appeal Rules 1961, Amendment No. 1 (W.S.R 1964/3), and the references to money in decimal currency were substituted for references to money in the former currency by s.5 of the Decimal Currency Act 1966. 
___________

THE JUDICATURE AMENDMENT ACT 1970 
1970, No. 4

An Act to amend the Judicature Ordinance 1961 as to the salaries of Judges
[14 August 1970

1. Short title - This Act may be cited as the Judicature Amendment Act 1970, and shall be read together with and be deemed part of the Judicature Ordinance 1961 (hereinafter referred to as the principal Ordinance).

2. Commencement – This Act shall be deemed to have come into force on the 15th day of June 1969.

3. (1) This subsection substituted a new section for s. 29 of the principal Ordinance.

(2) The Judicature Amendment Act 1965 and the Judicature Amendment Act 1968 are hereby consequentially repealed.
_________

THE JUDICATURE AMENDMENT ACT 1977 
1977, No. 14

An Act to amend the Judicature Ordinance 1961
[20 December 1977

1. Short title - This Act may be cited as the Judicature Amendment Act 1977, and shall be read together with and be deemed part of the Judicature Ordinance 1961 (hereinafter referred to as the principal Ordinance).

2. This section inserted s. 3 in the principal Act.

3. Repeal - Section 350 of the Samoa Act 1921 (N.Z.) is repealed.
__________

The Judicature Ordinance 1961 is administered in the Department of Justice.
________________

REGULATIONS APPLYING TO JUDICATURE
Court of Appeal Rules 1961 (See First Schedule to principal Ordinance)
Court of Appeal Rules 1961, Amendment No. 1 (W.S.R.1964/3)
Supreme Court (Fees and Costs) Rules 1971 (W.S.R. 1971/4)
____________________

THE COURT OF APPEAL RULES 1961, AMENDMENT No. 1

ORDER

His Highness, MALIETOA TANUMAFILI 11, Head of State

At the Government House at Apia this 19th day of July 1964
PURSUANT to the Judicature Ordinance 1961, the Head of State, acting on the advice of the Prime Minister, and with the concurrence of the Rules Committee constituted under section 40 of the Judicature Ordinance '1961, hereby makes the following rules.

RULES

1. Title – These rules may be cited as the Court of Appeal Rules 1961, Amendment No. 1, and shall be read together with and deemed part of the Court of Appeal Rules 1961 (hereinafter referred to as the principal rules).

These Rules were notified in the Western Samoa Gazette of 10 August 1964.

2. This rule added a First, Second and Third Schedule to the Principal Rules.
_________

SCHEDULES
Reprinted in the principal rules
_________

SUPREME COURT (FEES AND COSTS) RULES 1971
As amended by the Supreme Court (Fees and Costs) Rules 1971, Amendment No. 1 (W.S.R. 1976/18).

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 18th day of May 1971

PURSUANT to the Judicature Ordinance 1961, the Head of State, acting on the advice of the Prime Minister, and with the concurrence of the Rules Committee constituted by and under section 40 thereof, hereby makes the following Rules.
__________

ANALYSIS

1. Title
2. Commencement
3. Fees
4. Court may dispense with payment of fees
5. Costs
6. Remuneration and allowance of assessors
7. Witnesses' expenses
8. Revocation
Schedules
__________

RULES

1. Title - These rules may be cited as the Supreme Court (Fees and Costs) Rules 1971.

These Rules were notified in the Western Samoa Gazette on 19 May 1971.

2. Commencement - These rules shall come into force on the day on which they are made, and shall apply to,-

(a) Any proceedings commenced on or after that day; and

(b) Any steps taken on or after that day in respect of any proceedings commenced before that day.

3. Fees - (1) Fees under Part II of the Judicature Ordinance 1961, whether for civil or criminal proceedings, shall be payable according to the scale of fees set out in the First Schedule hereto.

(2) All such fees, except such as may be payable in respect of keeping possession, or for storing, removing or selling goods seized under a warrant or writ, shall be paid in the first instance by the party on whose behalf any proceedings are taken.

(3) No Judge or officer of the Court shall do any act for which a fee is payable unless the fee is first paid; but no such act, if done, shall be invalid by reason only of the non-payment of the fee:

Provided that in any civil proceedings in which the State or any officer of the State on its behalf is a party no fee need be prepaid by the State or, its officer, but such fee may nevertheless be recoverable from the opposite party with costs, if judgment is given against that party:

Provided also that no fee shall be received or demanded from any constable or from any duly appointed officer of the State or of any local authority or other statutory public body in respect of proceedings instituted by him in the execution of his duty.

(4) In default of the payment of any fee by the person by whom it is payable in the first instance, the amount thereof shall be recoverable in the same manner as a fine or as a debt due to the State.

(5) A table of all fees payable shall be kept in each office of the Court, and shall be made available for inspection on request.

(6) All fees payable pursuant to this rule shall be payable in the first instance to the Registrar of the Court where such proceedings are filed or determined and shall forthwith be paid by the Registrar into the Public Account:

Provided that fees in respect of keeping possession, and of storing, removing and selling goods seized under a warrant or writ shall be paid to the bailiff or person charged with the execution of the warrant or writ, and shall be paid by him to the Registrar and by the Registrar to any person entitled thereto and if none into the Public Account.
Cf. 1969, No. 2, ss. 126-9

4. Court may dispense with payment of fees - Where it appears to the satisfaction of the Court or a Judge that any party is unable or ought not to be called upon to pay any fees mentioned in the First Schedule hereto, or any part thereof, the Court or a Judge may dispense with the payment thereof, or any part thereof, subject to such terms as it or he thinks fit.
Cf. Code of Civil Procedure, r. 582 (N.Z.); S.R. 1959/18, r. 70 (N.Z.)

5. Costs - (1) Costs when allowed shall be regulated and paid according to the scale of costs set out in the Second Schedule hereto, but the Court may, in giving a judgment or making any order, fix a sum or sums as the costs of the action or of the application, as the case may be, in full of all costs, notwithstanding that such sum is greater or smaller than the sum set out in the said scale.

(2) In case of there being any doubt as to what costs should be allowed pursuant to the said scale in any particular matter arising in the course of any proceedings, the Court, in its discretion, having regard to the said scale, shall fix such sum for costs to be paid by any party as it thinks fit.
Cf. Code of Civil Procedure, r. 568 (N.Z.)

[6. Remuneration and allowances of assessors - The remuneration payable to an assessor in the trial of any matter shall be $8 a day, or part of a day, in addition to travelling expenses actually incurred and paid.]
Cf. S. R. 1959/18, r. 163 (N.Z.)
This rule was substituted for the original rule 6 by rule 3 of W.S.R. 1976/18.

7. Witnesses' expenses - The expenses of a witness at a criminal trial, shall be such as the Judge thinks fit, not exceeding $3 a day, in addition to travelling expenses actually incurred and paid.
Cf. S.R. 1959/18, r. 164 (N.Z.)

8. Revocation – The Rules of the High Court of Western Samoa 1959 (N.Z.) are hereby revoked as part of the law of Western Samoa.
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SCHEDULES
_________

FIRST SCHEDULE

Rule 3

FEES PAYABLE TO THE REGISTRAR OF THE SUPREME COURT

A. Civil Proceedings

1.	Filing any statement of claim and issuing summons (including hearing)
	$16.00	
2.	Filing any originating application to the Court or to a Judge in Chambers or to a Registrar, and whether commenced by way of motion, petitition, or otherwise, unless otherwise provided for (incurring hearing)

$3.00	
3.	Filing any interlocutory application, whether by way of motion, petition, or otherwise (including hearing)
	
$3.00	
4.	Filing application for extraordinary remedy or any other application or document not otherwise provided for (including hearing)
	
$7.00	
5.	(a) Sealing order on writ of arrest, attachment, mandamus, prohibition, injunction or certiorari

(b) Sealing every duplicate or certified copy of any such order
	
$3.00

$1.00	
6.	(a) Sealing any rule or order not otherwise provided for

(b) Sealing every duplicate or certified copy thereof
	$3.00

$1.00	
7.	Sealing memorial or certificate of judgment
	$3.00	
8.	(a) Sealing any writ of sale, writ of possession, or writ in an action for an extraordinary remedy, or any writ not otherwise provided for

(b) Executing any such writ
	
$4.00

The actual expenses incurred by the Executing Officer	
9.	(a) Sealing commission, letters of request, or order to examine witness

(b) Sealing or certifying every duplicate thereof
	$4.00

$2.00	
10.	(a) Sealing any document not otherwise provided for

(b) Sealing or certifying every duplicate thereof
	$2.00

$1.00
	
11.	(a) Filing notice of motion of appeal from the Magistrates' Court

(b) Filing case on appeal

(c) Setting down case on appeal or on removal from the Magistrates' Court

(d) Hearing case on appeal or removed -

For the first day or part thereof

For each succeeding day or part thereof

(e) Sealing any order

Sealing any duplicate thereof

(f) Filing application for dismissal of appeal for non-prosecution

(g) Sealing order dismissing appeal for non-prosecution and duplicates
	$2.00

$0.50

$1.50

$5.00

$2.00

$1.50

$1.00

$2.00

$3.00	
12.	Filing notice of motion for probate or letters of administration
	$2.00
	
13.	(a) Sealing probate or letters of administration, or resealing pursuant to [section 39 of the Administration Act 1975] -

In an estate not exceeding $200

In an estate exceeding $200 but not exceeding $1,000

In an estate exceeding $1,000 but not exceeding $2,000

In an estate exceeding $2,000 but not exceeding $6,000

And for each $2,000 or part thereof in excess of $6,000

(The sealing fee is to be calculated upon the net value of the estate).

(b) Sealing probate pursuant to leave reserved, or letters of administration de bonis non, or on any grant made subsequent to the original grant of probate or letters of administration; or such less sum as was paid upon the sealing of the grant in the first instance

(c) Sealing exemplification of probate or letters of administration

In para. (a), s. 39 of the Administration Act 1975, being
the corresponding enactment in force, has been substituted for s. 50 of the Administration Act 1952 (N.Z.).

$1.50

$2.50

$6.00

$10.00

$2.00

$6.00

$4.00
	
14.	Taxation on each bill of costs including certificate of Registrar
	$2.00	
15.	(a) Filing any petition or application under Part III of the Mental Health Ordinance 1961

(b) Sealing and issuing original of any order thereon

(c) Scaling each duplicate of any such order
	
$4.00

$2.00

$1.00	
16.	(a) Attendance before Registrar or referee or Registrar and accountant on inquiry or reference, or examination of witnesses before any officer or person under order of the Court -

For the first day or part thereof

For each subsequent day or part thereof

(b) Certificate or report on such inquiry or reference or examination

$5.00

$2.50

$4.00	
17.	(a) Original copy of any document or notes of evidence per folio of 72 words

(b) Duplicate copy of any document or notes of evidence per folio of 72 words
	
$0.10

$0.05	
18.	(a) Search in each Court book or of one or more documents in the same matter

(b) General search in Court books or documents in 2 or
more matters
	
$0.50

$1.00	
19.	Affixing the seal of the Court to any document other than a Court document
	
$0.50	
20.	(a) Drawing inventory $2.00

(b) If the inventory exceeds 3 folios, for every folio after the third
	$2.00

$0.20	
21.	Drawing or settling any conditions of sale
	$7.00	
22.	(a) Drawing advertisement for sale, if required, and inserting advertisement

(b) Advertising sale

(c) For each man left in possession

(d) If board and lodging not supplied	
$2.00

The amount actually paid

The amount actually paid, but not exceeding $4.00 for each day or portion of a day

Actual and reasonable expenses in the discretion of the Registrar
	
23.	Auctioneer's or Registrar's commission: For every sale by auction under execution or other process against any goods, land or estate -

(a) Where the proceeds of sale do not exceed $1,000.00, at the rate of

(b) Where the proceeds of sale exceed $1,000.00, the abovementioned percentage on the first $1,000.00, and on the excess over $1,000.00, at the rate of

5 percent

2½ percent	
24.	Executing transfer or conveyance
	$5.00	
25.	Poundage on the sum levied, or for which the person shall be taken in execution -

(a) Where the sum does not exceed $1,000.00, at the rate of

(b) Where the sum exceeds $1,000.00, the abovementioned percentage on the first $1,000.00, and on the excess over $1,000.00, at the rate of

In the case of execution against any goods, land, or estate, the poundage is to be calculated on the amount levied under the writ, excluding the fees and expenses of and incidental to the issue and execution of the writ.

Where the property is subject to a mortgage or other security, the value of the security shall not be included in computing the poundage.

5 percent

2½ percent	
26.	Poundage on writs of possession -

(a) On delivery of goods and chattels: of the total market value thereof -

For every $1.00 or part thereof up to and including $1,000.00

For every $1.00 or part thereof in excess of $1,000.00

(b) On delivery of land: Of the capital value thereof, as determined by the Government valuation, less the amount owing under any registered mort-gage over the land -

For every $1.00 or part thereof up to and including $1,000.00

For every $1.00 or part thereof in excess of $1,000.00

Provided that the total poundage on delivery of goods and chattels or on delivery of land shall not be less than $20 nor more than $200 in respect of any one writ:

Provided also that where, under a writ of possession, possession of land is given to a mortgagee thereof, or to an immediate purchaser from any such mortgagee, the poundage shall not be less than $20 nor more than $40 in respect of any one writ:

Provided further that, notwithstanding anything hereinbefore contained, application may be made to a judge of the Supreme Court to fix a fee less than any of the amounts above prescribed for poundage, and such lesser fee may be fixed if, in the opinion of the Judge, having regard to the circumstances of the particular case, it is fair and equitable so to do.	

$0.02½

$0.01

$0.05

$0.02½	

B. Criminal Proceedings
	
27.	Conviction or order when drawn up in proper form
	$1.00	
28.	(a) Sealing and issue of every warrant of commitment for default in payment of fine

(b) Execution of every such warrant
	
$1.50

$0.50	
29.	(a) Recognisance, with or without sureties

(b) Every enlargment or renewal of a recognisance
	$1.00

$1.00	
30.	Filing any application by a disqualified person for removal of disqualification under the Road Traffic Ordinance 1960, including all documents filed, hearing, and sealing order (if any) and one duplicate

$5.00	
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SECOND SCHEDULE

Rule 5 (1)

SCALE OF SOLICITOR'S COSTS

	Amount not exceeding $2,000	Amount not exceeding $5,000	Amount exceeding $5,000	
1.	(a) Issue and service of summons, and filing statement of claim, when only one defendant

(b) For each additional defendant
	
$10.00

$2.00	
$20.00

$2.00	
$30.00

$2.00	
2.	On judgment by default without motion
	$4.00	$6.00	$8.00	
3.	On judgment by confession without motion
	
$4.00	
$6.00	
$8.00	
4.	Payment into Court
	$4.00	$4.00	$4.00	
5.	On a discontinuance or a dismissal of action	$4.00	$4.00	$4.00
	
6.	When an application to enter judgment is necessary in cases 2, 3, 4 and 5: the costs of the application as allowed
				
7.	Preparing and filing statement of defence 
	$10.00	$20.00	$30.00	
8.	Preparing for trial to either party in addition to costs under Nos. 1 or 7

(These costs, or a portion of them, may be allowed in addition to Nos. 2, 3, 4 and 5 if necessarily incurred)

Provided that extra costs maybe allowed, if certified for, having regard to the importance of the case and the time reasonably spent in preparation, but so that the total fee for preparation shall not exceed 3 times the amount in the appropriate scale
	
$40.00	
$60.000	
$90.00	
9.	Trial or hearing of an action:

Provided that if the trial is limited to the quantum of damages only, the scale shall, unless the Court otherwise directs, be two-thirds of the amount shown
	8%	8% up to $2,000 and 3% on excess	8% up to $2,000 and 3% on excess
	
10.	Extra counsel, if certified for, each per day, not exceeding
	
$8.50	
$25.00	
$40.00	
11.	Second and each succeeding day of hearing, if certified for, not exceeding
	
$20.00	
$40.00	
$60.00	
12.	New trials and rehearings, two-thirds of the rates under Nos. 9, 10 and l1
				
13.	(a) Charging order nisi

(b) Charging order absolute without motion

(c) Charging order absolute on motion
	$10.00

$8.00

$12.00	$10.00

$8.00

$12.00	$10.00

$8.00

$12.00	
14.	(a) Writ of sale against goods or chattels

(b) Writ of sale against land
	$12.00

$20.00	$12.00

$20.00	$12.00

$20.00	
15.	Condition of sale, when required: as allowed by Registrar
				
16.	Commission or order to examine witnesses in Western Samoa, up to examination

$12.00	

$20.00	

$30.00	
17.	Examination before examiner: as fixed by Registrar
				
18.	Order and commission for examination of witnesses out of Western Samoa
	
$16.00	
$30.00	
$40.00	
19.	Interrogatories: copies and service	$12.00	$20.00	$30.00
	
20.	Answers to interrogatories
	$12.00	$20.00	$30.00	
21.	 (a) Affidavit of discovery: as
may be certified for, $10.00 to $60.00

(b) Production and inspection of documents: as may be certified for, $5 to $40.00
				
22.	Preparing and settling special case
	$12.00	$20.00	$30.00	
23.	(a) Argument of special case of question of law stated for the opinion of the Court, not exceeding

(b) Second and each succeeding day, if certified for, not exceeding
	
$50.00

$20.00	
$75.00

$40.00	
$125.00

$60.00	
24.	Motions and other applications in Court not specially provided for, or filing any application for extraordinary remedy: $10.00 to $200.00 as certified for or ordered
				
25.	Extra counsel may be certified for under Nos. 23 and 24, at each per day, not exceeding

$16.00	

$25.00	

$40.00	
26.	Motions and other applications in Chambers: $10.00 to $60.00 as certified for or ordered but the Court may direct costs to be as in an ordinary action or taxed and paid as between solicitor and client
				
27.	Taking accounts, making inquiries, and other proceedings before Registrar: per hour, not exceeding $10.00
				
28.	Appeals from inferior Courts (not otherwise provided for): an allowance not exceeding $30.00 may be made for every day	

$30.00			

29. In addition to the foregoing items, all disbursements for -

(a) Fees of Court

(b) Witnesses' and interpreters' fees, allowances and travelling expenses actually paid by the party in accordance with any enactment or order of the Court:

(c) Agency charges (including those incurred in preparing for trial) if specially allowed:

(d) Other necessary payments.

30. The foregoing costs are to be calculated on the amount recovered for the plaintiff if he succeeds, and on the amount claimed in the action if the defendant succeeds. Where relief other than a sum of money is claimed, either alone or in addition to a sum of money, the Court on giving judgment shall fix under what head costs shall be allowed. If judgment is entered before trial, without application to the Court, the Registrar shall fix the head.

31. The total cost of an action exclusive of disbursements shall not exceed $1,000.00 unless the Court certifies for the whole costs of the action. This shall not limit the power of the Court, the Registrar shall fix the head. 

MALIETOA TANUMAFILI II,
Head of State

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