Page:United States Statutes at Large Volume 26.djvu/1548

GENERAL ACT—SAMOAN ISLANDS. JUNE 14, 1889. l499 Aurionu III. Ai-ucism A Declaration respecting the establishment of a Supreme Court of D¤<=1¤¤¤¤<>¤- Justice for Samoa and defining its jurisdiction. SECTION 1. A Supreme. Court shall be established in Samoa to S¤g>remeCourt,ctc., consist of one Judge, who shall be styled Chief Justice of Samoa, and °m hSb°d‘ who shall appoint a Clerk and a Marshal 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 an Y duties imposed on him under this Act. The Clerk and Marshal shall be allowed reasonable fees to be regulated by order of the Court. , SECTION-?. With a view to secure judicial independence and the Appointment or equal consideration of the rights of al parties, irrespective of nation- Cm J“"°i°°· a_1ty, it IS agreed that the Chief Justice shall be named by the Three Signatory Powers in common accord; or, failing their agreement. he may be named 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 honour, impartiality and `ustice. His decision upon questions within his jurisdiction shall be final. $•¤¤¤1,¤¤¤· He shall be appointed by the Samoan Government u on the certificate of his nomination as herein provided. He shall receive an annual salary of six thousand dollars ($6,000. 00) in gold, or its e uivalent, to be paid the first year in equal proportions by the Tlhree Treajty Powers, and afterward out of the revenues of Samoa apportioii to the use of the Samoan Government, upon which his compensation shall be the first charge. Any deficiency therein shall be made good by the Three Powers in equal shares. The powers of the Chief Justice, in case of a vacancy of that office from any cause, shall be exercised by the President of the Mu- Eigpal Council, until a successor shall be duly appointed and quali- Snort0N 3. In case either of the four Governments shall at any Complaints. time have cause of complaint against the Chief Justice for any misconduct in office, such com ilaint shall betpresented to the authority which nominated him, and, if in the ju gment 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 either case of removal, or in case the office shall become otherwise vacant, his successor shall be appointed as hereinbefore provided. SECTION 4. The Su reme Court shall have jurisdiction of all ques- Juriuicuou or Sutions arising under tl-ie provisions of this General Act; and the de- °"’"‘° °“"°‘ cision or order of the Court thereon shall be conclusive upon all residents of Samoa. The court shall also have appellate jurisdiction over all Munici al Magistrates and officers. SECTION 5. The Chief Justice is authorized at his own discretion, A55e3S0m. and required upon written request of either party litigant, to appoint assessors, one of the nationality of each litigant, to assist the ourt, but without voice in the decision. SECTION 6. In case any question shall hereafter arise in Samoa re- Electiouotliiug. spectinz the rightful election or appointment of King or of any other Chief claiming authority over the Islands; or respecting the validity of the owers which the King or any Chief may claim in the exercise of his office, such question shall not lead to war but shall be presented for decision to the Chief Justice of Samoa, who shall decide it in writing. conformably to the provisions of this Act and to the laws and customs of Samoa not in conflict therewith ; and the Signatory Governments will accept and abide by such decision. SBC5UON 7. In case any difference s all arise between either of the Saigfggmrgleg Treat Powers and Samoa which they shall fail to adjust by mutual rowers. _ accord', such difference shall not be held cause for war, but shall be