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Lands and Titles Act

ANALYSIS

TITLE

1. Short title

 

PART I

PRELIMINARY

 

  1. Interpretation

PART II

DEPARTMENT OF LAND AND TITLES

 

  1. Constitution of Department
  2. Minister
  3. Registrar
  4. Deputy Registrars
  5. Appointment of other officers and employees

 

PART III

CUSTOMARY LAND
  1. Land deemed customary land
  2. Declaration of certain land to be customary land

 

SURVEYS

 

  1. Surveys

 

REGISTRATION OF CUSTOMARY LAND

  1. Transmission of judgments, etc., concerning

    2. land to Land Registrar

  2. Duties of Land Registrar
  3. Trust instruments may be registered in respect of

customary land

PART IV

PULEFAAMAU AND INTENTION TO APPOINT
  1. Pulefa’amau claim
  2. Publication of claim in Savali
  3. Form of publication
  4. Procedure if objection lodged
  5. Procedure if no objection lodged
  6. Jurisdiction over pulefa’amau where there is no objection

 

PART V

TITLES

 

  1. Definition of rightful holder
  2. Wrongful user an offence
  3. Register of Matais
  4. Duties of appointee, Pulenu’u and Registrar
  5. Offences

PART VI

LAND AND TITLES COURT

25. Land and Titles Court continued

26. President, Judges and Assessors of the Court

27. Deputy Presidents

28. Qualifications of Samoan Judges and Assessors

29. Appointment of Samoan Judges

30. Role of Samoan Judges

31A. Oath of Office

REMUNERATION

32. Salaries and allowances

SEAL

33. Seal of the Court

JURISDICTION

34. Jurisdiction of the Court

35. Exercise of jurisdiction

36. President of Deputy President to preside

37. Law to be applied

38. Petitions for exercise of Court’s jurisdiction

SITTINGS

39. Sittings of the Court

40. Notice of sittings to be published

41. Form of notice

PROCEEDINGS BEFORE THE COURT

42. Institution of proceedings

43. Commencement of proceedings

44. Preparation of petition by Solicitor

45. Service of petition

46. Unpublished petition

PRACTICE AND PROCEDURE

47. Practice and procedure

48. Rules of Court

INTERIM ORDERS

49. Interim orders by President

50. Interim orders by Registrar

51. Duration of interim order by Registrar

  1. Effect and enforcement of interim orders

 

PART VII

PRELIMINARY HEARINGS

 

53-62 Repealed

 

PART VIII

DECISIONS AND ORDERS OF THE COURT

 

  1. Final decision of the Court
  2. Concurrence of Samoan Judges and

    3. Assessors not necessary

  3. Delivery of decisions
  4. Reasons for decisions
  5. Form of final decision
  6. Decision to be available to parties and

    7. the public

  7. Final decision complete on publication
  8. Effect of final decision
  9. Decisions and orders not reviewable by other

 

ORDERS

 

  1. Orders as to costs
  2. Commencement of orders

 

ENFORCEMENT

 

  1. Enforcement of decisions and orders of the

Court

 

OFFENCES

 

75. Offences

 

PART IX

APPEALS

  1. Rights of appeals
  2. Constitution of Court to hear appeals

78. Leave to appeal

79. Grounds for appeal

80. Application for leave to appeal

81. Time for appeal

82. Security for appeal

83. Service of application on other parties

84. Opposition to application for leave

HEARING OF APPLICATION

85. Hearing for application for leave

86. Notice of hearing of appeal

NON-PROSECUTION OF APPEAL

87. Non-prosecution of appeal

HEARING OF APPEAL

88. Hearing of appeal

89. Powers of the Court on appeal

90. Decision on appeal to be final

PART X

MISCELLANEOUS

91. Fees

SOLICITORS

92. Solicitors not entitled to audience

RECORDS

93. Records of Department

94. Records of the Court

REPEAL AND SAVINGS

  1. Repeal
  2. Savings and transitional Schedules

 

1992/1993, No. 17

 

AN ACT to amend the Land and Titles Act 1981.

 

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows:

 

  1. Short Title - This Act may be cited as the Land and Titles Amendment Act 1992/1993 and shall be read together with and deemed part of the Land and Titles Act 1981 (hereinafter referred to as the principal Act).

    2.  

  2. Qualifications of Samoan Judges and Assessors - The provisions of this section have been incorporated into section 28 of the principal Act.

    3.  

  3. Appointment of Samoan Judges - The provisions of this section have been incorporated into section 29 of the principal Act.

    4.  

  4. Appointment of Assessors - The provisions for this section have been incorporated into section 31 of the principal Act.

    5.  

  5. Oath of Office - The provisions of this section appear as section 31A of the principal Act.

    6.  

  6. Fees - The provisions of this section have been incorporated into section 91 of the principal Act.