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General Laws (No 2) Ordinance 1932

LAWS OF WESTERN SAMOA

GENERAL LAWS (No. 2) ORDINANCE 1932

ANALYSIS

Title
1. Short title
2. Interpretation
3. Sureties
4. Interest on money
5. Lost instruments
6. Discharge of debts by part payment
7. Joint debtors
8. Encroachments upon land
9. Husband's liability for wife's torts
10. Examination of injured persons
11. Slander of women
12. Judgments against married women
13. Repealed
14. Protection of life insurance policies
15. Overhanging coconut trees

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GENERAL LAWS (No. 2) ORDINANCE 1932

1932, No. 2

An Ordinance to enact certain General Laws

[10 October 1932

1. Short title - This Ordinance may be cited as the General Laws (No. 2) Ordinance 1932.

For other enactments effecting general amendments to the law, see the titles Existing Law Adjustment, and Ordinances Amendment.

2. Interpretation - In this Ordinance, where not inconsistent the context, -

"Court" or "the Court" means [the Supreme Court] of Western Samoa and includes a judge ... of the Court.

The reference to the Supreme Court was substituted for a reference to the High Court by s. 4 (3) (a) of the Existing Law Adjustment Ordinance 1961 and the words "and (within his jurisdiction) a Commissioner" have been omitted, pursuant to s. 3 (f) of the Reprint of Statutes Act 1972, the reference to a Commissioner being obsolete as Part III of the Samoa Act 1921 (N.Z.) providing for such an appointment was repealed by s. 66 (1) of the judicature Ordinance 1961.

3. Sureties - (1) Every person who being surety for the debt or duty of another or being liable with another for any debt or duty pays or satisfies such debt or performs such duty shall be entitled to have assigned to him or a trustee for him every judgment, speciality or other security held by the creditor in respect of such debt or duty whether such judgment, speciality or other security is or is not deemed at law to be satisfied by the payment of the debt or the performance of the duty.

(2) Every such person shall be entitled to stand in the place of the creditor and to use all the remedies and if need be and upon a proper indemnity to use the name of the creditor in any action or other proceeding in order to obtain from the principal debtor or any co-surety, co-contractor or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty.

(3) Such payment, satisfaction or performance made by any such surety shall not be pleadable in bar of any such action or other proceeding by him.

(4) A co-surety, co-contractor or co-debtor shall not be entitled to recover from any other co-surety, co-contractor or co-debtor by the means aforesaid more than the just proportion to which as between those parties themselves such last-mentioned person is justly liable.

4. Interest on money - In all cases where interest for the loan of money or on any other contract is lawfully recovered or allowed in any action or other proceeding but where the rate of such interest has not been previously agreed upon by or between the parties the party entitled to interest shall not be allowed to recover or receive above the rate of [$8] for the interest of [$100] for a year and so after that rate for a greater or lesser sum than [$100] or for a longer or shorter time than a year.

5. Lost instruments - In case of any action founded on any negotiable instrument the Court may order that the loss of such instrument shall not be taken advantage of provided an indemnity is given to the satisfaction of the Court against claims of any other person upon such negotiable instrument.

See also s. 70 of the Bills of Exchange Act 1976.

6. Discharge of debts by part payment - An acknowledgement by a creditor or by any person authorised in that behalf of the receipt of a part of his debt in satisfaction of the whole debt shall operate as a discharge of the debt any rule of law notwithstanding.

7. Joint debtors - A judgment against one or more of several persons jointly liable shall not operate as a bar or defence to an action or other proceeding against any of such persons against whom judgment has not been recovered except to the extent to which the judgement has been satisfied any rule of law notwithstanding.

8. Encroachments upon land - (1) Where in any action or other proceeding relating to land it appears to the Court that the defendant or any of his predecessors in title has, in the erection of a building or structure upon any land adjoining the land in question, encroached upon such last-mentioned land and it is proved to the satisfaction of the Court by or on behalf of the defendant that such encroachment was not intentional or did not arise from gross negligence then the Court instead of ordering the defendant to give up possession of the piece of land so encroached upon or to pay damages or instead of granting an injunction may give the defendant the right of retaining possession of the piece of land so built upon subject to the payment of such sum or sums of money and to such other conditions as the Court thinks just.

(2) Any order made under this section may be registered under the Samoa Land Registration Order 1920 (N.Z.) and its amendments.

9. Husband's liability for wife's torts - The rule of common law whereunder a husband is liable to third parties for the tortious acts of his wife shall cease to be applicable in Samoa:

Provided that nothing in this section shall affect the vicarious liability of a husband for the tortious acts of his wife committed while acting for or on his behalf and within the scope of her authority.

10. Examination of injured persons - (1) Where any person injured or alleged to have been injured by an accident or through the wrongful act, neglect or default of any other person claims compensation or damages on account of the injury the Court may at any time after the commencement of the action to recover such compensation order that the person injured be examined by one or more medical officers or practitioners named in the order and may make such order with respect to the costs of such examination as it thinks fit.

(2) If the person injured refuses to submit himself to such examination or in any way obstructs the same his right to compensation or damages shall be suspended and all proceedings brought by him in respect of such compensation or damages shall be stayed while such refusal continues.

11. Slander of women - Words spoken and published which impute unchastity or adultery of any female shall not require special damage to render them actionable.

12. Judgments against married women - A judgment may be entered and an order made against a married woman in the same way as if she was a feme sole and every such judgment or order may be enforced accordingly.

13. Repealed by s. 51 (1) of the Administration Act 1975.

14. Protection of life insurance policies - Every policy of life insurance shall be protected upon the holder thereof becoming bankrupt under any law for the time being in force relating to bankruptcy or dying leaving a will to the extent and in the manner provided by section 65 of the Life Insurance Act 1908 (N.Z.), and every existing or future amendment thereto and every enactment passed in substitution therefor:

Provided that, -

(a) The word "Samoa" shall be substituted for the word "New Zealand" in subsection (4) thereof; and

(b) The words "[Supreme Court] on a motion filed" shall be substituted for "Supreme Court on a Summons taken out" in subsection (6) thereof.

In para. (b) the first reference to the Supreme Court was substituted for a reference to the High Court by s. 4 (3) (a) of the Existing Law Adjustment Ordinance 1961.

S. 65 of the Life Insurance Act 1908 (N.Z.) has no subss. (4) and (6). See also s. 3 of the Life Insurance Amendment Act 1925 (N.Z.).

As to the Public Trustee's lien on policy money for the amount of premiums paid by him, see s. 100 of the Public Trust Office Act 1975.

[15. Overhanging coconut trees - (1) The common law right of an owner or occupier of land to sever the branches of trees growing on the land of another if such branches overhang his land shall on the coming into force of this Ordinance cease to apply in Samoa in respect of coconut trees.

(2) The owner or occupier of land who severs a coconut tree or any part of a coconut tree overhanging his land commits an unlawful act for which he shall be liable in damages.

(3) If an owner or occupier of land (hereinafter referred to as the plaintiff) proves to the satisfaction of the [[Supreme Court]] that any part of a coconut tree growing on the land of another overhangs the plaintiff's land the said Court may in its discretion and subject to such terms and conditions as it may impose order that such tree be felled and for such purpose may authorise the plaintiff to enter upon the land on which the tree is growing.

(4) All proceedings under the last preceding subsection shall be commenced by way of motion in accordance with the Rules of the Court.]

This section was added by s. 10 of the Ordinances Amendment Ordinance 1936.

In subs. (3) the reference to the Supreme Court was substituted for a reference to the High Court by s. 4 (3) (a) of the Existing Law Adjustment Ordinance 1961.

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The General Laws (No. 2) Ordinance 1932 is administered in the Department of Justice.