shall not have a vote and his functions shall be merely to control and direct the proceedings of the assembly with a view to the dispatch of business. The native assembly shall be empowered to deal with all questions concerning district government, including native courts, and with all matters which affect natives only. Its resolutions and recommendations shall be referred to the administrator and legislative council, who shall approve, disapprove, or return them with such modifications as they may deem proper: Provided always, That no resolution or other action of the native assembly shall have any binding force or effect until the same shall have been approved by the administrator of the legislative council.

ARTICLE V.

A DECLARATION RESPECTING THE ESTABLISHMENT OF A SUPREME COURT OF JUSTICE FOR SAMOA, AND DEFINING ITS JURISDICTION.

SECTION 1. A supreme court shall be established in Samoa to consist of one judge, who shall be styled "chief justice of Samoa," and who shall appoint a clerk and all necessary officers of the court; and record shall be kept of all orders and decisions made by the court, or by the chief justice in the discharge of any duties imposed on him under this act. The clerk and other officers shall be allowed reasonable fees, to be regulated by order of the court.

SEC. 2. With a view to secure judicial independence and the equal consideration of the rights of all parties, irrespective of nationality, it is agreed that the chief justice shall be appointed by the three signatory powers in common accord; or, failing their agreement, he may be appointed by the King of Sweden and Norway. He shall be learned in law and equity, of mature years, and of good repute for his sense of honor, impartiality, and justice.

His decision upon questions within his jurisdiction shall be final. The three powers, however, reserve to themselves the right to modify or annul decisions of the supreme court involving any question of a political or administrative character or principle of international law. He shall receive an annual salary of five thousand dollars ($5,000) in gold or its equivalent, to be paid out of the revenues of the Samoan Government. Any deficiency therein shall be made good by the three signatory powers in equal shares.

The powers of the chief justice, in case of a vacancy of that office from any cause, and during any temporary absence of the chief justice from the islands of Samoa, shall be exercised by such person as may be designated by the administrator.

SEC. 3. In case any of the four Governments shall at any time have cause of complaint against the chief justice for any misconduct in office, such complaint shall be presented to the authority which nominated him, and, if in the judgment of such authority there is sufficient cause for his removal, he shall be removed. If the majority of the three treaty powers so request, he shall be removed. In case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as herein before provided.

SEC. 4. The chief justice is authorized at his own discretion, and upon the written request of either party litigant, to appoint assessors or jurors, not exceeding three in number, nor of the nationality of either party, to hear and determine any issue of fact arising in the case.

SEC. 5. In case any difference shall arise between either or any of the treaty powers and Samoa which they shall fail to adjust by mutual accord, such difference shall not be held cause for war, but shall be referred for adjustment on the principles of justice and equity to the chief justice of Samoa, who shall make his decision thereon in writing.

SEC. 6. The chief justice may recommend to the government of Samoa the passage of any law which he may consider just and expedient for the prevention and punishment of crime, and for the promotion of good order in Samoa and the welfare of the

same.

SEC. 7. The supreme court shall have original and final jurisdiction of:

(1) All questions arising under the provisions of this amended general act.

(2) All civil suits concerning real property situated in Samoa and all rights affecting the same.

(3) All civil suits of any kind between natives and foreigners, or between foreigners irrespective of their nationality.

(4) All crimes and offenses committed by natives against foreigners, by foreigners against natives, or by foreigners against each other irrespective of nationality, except violations of municipal ordinances and regulations of which the municipal magistrate is given jurisdiction.

(5) Of all felonies committed by natives against each other.

SEC. 8. The supreme court shall have appellate jurisdiction over all municipal magistrates and municipal courts in civil cases where the amount of the judgment rendered exceeds $10 and in criminal cases where the fine exceeds $20, or the imprisonment (10) ten days.

SEC. 9. The practice and procedure of common law, equity, and admiralty, as administered in the courts of England, may be so far as applicable the practice and procedure of this court; but the court may modify such practice and procedure from time to time as shall be required by local circumstances. Until otherwise provided by law, the court shall have authority to impose, according to the crime, the punishment established therefor by 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.

SEC. 10. Nothing in this article shall be so construed as to affect existing 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 offenses committed prior to the organization of the court. The supreme court shall have power to issue writs of injunction, attachment, mandamus, and other remedial writs known to the common law. The writ of habeas corpus shall not be suspended except in time of actual war.

SEC. 11. The legislative council shall have power to create and provide such other and inferior courts and judicial tribunals in Samoa as from time to time may be found necessary and proper: Provided, That the jurisdiction of the courts and judicial tribunals so created shall not extend to civil cases involving an amount or property exceeding in value $50, nor to criminal cases where the penalty exceeds a fine of two hundred dollars ($200) or imprisonment for a longer term than one hundred and eighty days.

SEC. 12. The chief justice shall hold terms of the supreme court in Apia and at such other places in the islands of Samoa as in his discretion may be necessary and proper.

ARTICLE VI.

A DECLARATION RESPECTING TITLES TO LAND IN SAMOA AND RESTRAINING THE DISPOSITION THEREOF BY NATIVES; AND PROVIDING FOR THE REGISTRATION OF VALID TITLES.

SECTION 1. In order that the native Samoans may keep their lands 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:

(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 consideration when approved in writing by the chief justice of Samoa.

(b) Agricultural lands in the islands may be leased for a just consideration and with carefully defined boundaries for a term not exceeding fifty (50) years when such lease is approved in writing by the chief executive authority of Samoa and by the chief justice; but care should be taken that the agricultural lands and natural fruit lands of Samoans shall not be unduly diminished.

SEC. 2. The court shall make provision for a complete registry of all valid titles to land in the islands of Samoa which are or may be owned by foreigners or natives. SEC. 3. All lands acquired before the 28th day of August, 1879-being the date of the Anglo-Samoan treaty-shall be held as validly acquired, but without prejudice to rights of third parties, if purchased from Samoans in good faith for a valuable consideration in a regular and customary manner. Any dispute as to the fact or regularity of such sale shall be examined and determined by the court.

ARTICLE VII.

A DECLARATION RESPECTING THE MUNICIPAL DISTRICT OF APIA, PROVIDING A LOCAL ADMINISTRATION THEREFOR AND DEFINING THE JURISDICTION OF THE MUNICIPAL

MAGISTRATE.

SECTION 1. The municipal district of Apia is defined as follows: Beginning at Vailoa, the boundary passes thence westward along the coast to the mouth of river Fuluasa, thence following the course of the river upward to a point at which the Alafuala road crosses said river, thence following the line of said road to the point where it

reaches the river Vaisinago, and thence in a straight line to the point of beginning at Vailoa, embracing also the waters of the harbor of Apia: Provided, That the administrator and council shall have power to interpret, limit, and define the boundary of the municipal district of Apia.

SEC. 2. Within the aforesaid district shall be established a municipal council consisting of six members and a mayor, who shall preside at all meetings of the council and who shall, in the case of an equal division, have a casting vote. The mayor shall be appointed by the municipal council with the approval of the administrator. In case the municipal council shall be unable to come to an agreement they shall submit to the administrator the names of the candidates whom they recommend for the office of mayor, and the administrator shall choose the mayor from among them. The mayor and the councilors shall be residents of the said district, and owners of real estate, or conductors of a profession or business in said district which is subject to a rate or tax not less in amount than $5 per annum.

For the purpose of the election of members of the council the said district shall be divided into three electoral districts, from each of which an equal number of councilors shall be elected by the taxpayers thereof, qualified as aforesaid, and the members elected from each electoral district shall have resided therein for at least six months prior to their election. It shall be the duty of the administrator to make the said division into electoral districts as soon as practicable.

Subsequent changes in the number of councilors or the number and location of electoral districts may be provided for by municipal ordinance, subject to reference to the administrator as hereinafter provided.

The mayor shall hold his office for one year and until his successor shall be elected and qualified.

The councilors shall hold their office for a term of two years and until their successors shall be elected and qualified.

In the absence of the mayor the council may elect a chairman pro tempore. Consular officers shall not be eligible as councilors or mayor, nor shall councilors or mayor exercise any consular functions during their term of office.

Each member of the municipal council, including the mayor, shall, before entering upon his functions, make and subscribe before the chief justice an oath or affirmation that he will well and faithfully perform the duties of his office.

SEC. 3. The municipal council shall have jurisdiction over the municipal district of Apia so far as necessary to enforce therein the provisions of this act which are applicable to the said district, including the nomination of a municipal magistrate, who shall be appointed in the same manner as the mayor. The council shall also have the power to appoint all necessary subordinate officers of justice and of administration in the said district, and to provide for the security of person and property therein; and to assess such municipal rates and taxes as they may agree upon; and to provide proper fines and penalties for the violation of the laws and ordinances which shall be in force in said district and not in conflict with this act, including sanitary and police regulations.

They shall establish pilot charges, port dues, quarantine, and other regulations of the port of Apia. They shall also fix the salary of the municipal magistrate, and establish the fees and charges allowed to other municipal officers of the district.

All ordinances, resolutions, and regulations shall be referred by the municipal council to the administrator, who shall express his consent or disapproval or suggest amendments: Provided always, That no ordinances, resolutions, and regulations passed by this council shall become law before receiving the approval of the administrator.

SEC. 4. The municipal magistrate shall have exclusive jurisdiction in the first instance over all persons, irrespective of nationality, in case of infraction of any laws, ordinances, or regulations passed by the municipal council, in accordance with the provisions of this act, and of all misdemeanors committed within the municipal district of Apia: Provided, That the penalty does not exceed a fine of $200 or imprisonment for a longer term than one hundred and eighty days, with or without hard labor. The municipal magistrate shall also have jurisdiction within the municipality of Apia in all civil suits not affecting the right of real property between natives and foreigners, or between foreigners irrespective of nationality, where the value of the property or the amount involved does not exceed the sum of $50.

SEC. 5. The mayor shall superintend the harbor and quarantine regulations, and shall be in charge of the administration of the laws and ordinances applicable to the municipal district of Apia.

SEC. 6. The administrator and council shall fix an annual sum to be paid out of the revenues of the island to the municipal council for the expenses of the municipal government and the execution of public works.

ARTICLE VIII.

A DECLARATION RESPECTING TAXATION AND REVENUE IN SAMOA.

SEC. 1. Until otherwise provided by law the port of Apia shall be the port of entry for all dutiable goods arriving in the Samoan Islands; and all foreign goods, wares, and merchandise landed on the islands shall be there entered for examination; but coal and naval stores which either Government has by treaty reserved the right to land at any harbor stipulated for that purpose are not dutiable when imported as authorized by such treaty, and may be there landed as stipulated without such entry or examination.

SEC. 2. To enable the Samoan Government to obtain the necessary revenue for the maintenance of government and good order in the islands the following duties, taxes, and charges may be levied and collected:

- per pound..

.25

8. On gunpowder..

9. Statistical duty on all merchandise and goods imported, except as afore

said.

.ad valorem.. 2 p. c.

On copra.
On coffee

On cotton

B. Export duties.

ad valorem.. 24 p. c. ..do.... 2 p. c. ..do.... 14 p. c.

C. Taxes to be annually levied.

1. Capitation tax on Samoans and other Pacific Islanders over the age of 18 and under the age of 45 years, not included under No. 2....per head.. 2. Capitation tax on colored plantation laborers, other than Samoans, per head...

$2.00

2.00

3. On boats, trading and others (excluding native canoes and native boats carrying only the owner's property)

4. On firearms..

..each..
..do....

4.00

2.00

5. On dwelling houses (not including the dwelling houses of Samoan natives) and on land and houses used for commercial purposes...ad valorem..

1 p. c.

6. Special taxes on traders as follows:

Class I.

On stores of which the monthly sales are $2,000 or more

D. Occasional taxes.

1. On trading vessels not exceeding 100 tons burden, calling at Apia, each call..

2. Upon deeds of real estate, to be paid before registration thereof can be made, and, without payment of which title shall not be held valid, upon the value of the consideration paid......

3. Upon other written transfers of property, upon the selling price Evidence of the payment of the last two taxes may be shown by lawful stamps affixed to the title paper, or otherwise by the written receipt of the proper tax collector.

4. Unlicensed butchers in Apia shall pay upon their sales..

E. License taxes.

$10.00

p. c.

p. c.

1 p. c.

No person shall engage as proprietor or manager in any of the following professions or occupations except after having obtained a license therefor, and for such license the following tax shall be paid in advance:

Salesmen, bookkeepers, clerks, paid less than $75 a month.

Salesmen, bookkeepers, clerks, when paid $75 a month and over....do...
White laborers and domestics, per head.

6.00

.do..

5.00

Factory hands and independent workmen

.do....

5.00

Engineer assistants

Engineer apprentices.
Hawker

Pilot.

SEC. 3. It is understood that "dollars and cents," terms of money used in this act, describe the standard money of the United States of America, or its equivalent in other currencies.

ARTICLE IX.

A DECLARATION RESPECTING ARMS AND AMMUNITION AND INTOXICATING LIQUORS,

RESTRAINING THEIR SALE AND USE.

SEC. 1. The importation into the islands of Samoa of arms and ammunition by the natives of Samoa or by citizens and subjects of any foreign country is prohibited, except in the following cases:

(a) Guns and ammunition for sporting purposes for which written license shall have been previously obtained from the administrator.

(b) Small arms and ammunition carried by travelers as personal appanage. The supply of arms and ammunition by any foreigner to any native Samoan subject or other Pacific islander resident in Samoa is prohibited.

The penalty for so supplying arms shall be a fine not exceeding ($2,500) two thousand five hundred dollars, or a term of imprisonment not exceeding two years or both, in the discretion of the court, and the arms shall be confiscated. Half the fine shall go to the informer.