47

A.—3

7. Wherever in any ordinance made by the Niue Island Council any jurisdiction or power is conferred upon " the Government Resident Agent in his judicial capacity " such jurisdiction shall be exercised by " the Resident Commissioner's Court." 8. The Court of the Government Resident Agent referred to in " The Niue Island Private Debt Ordinance, 1903," shall mean " the Resident Commissioner's Court." 9. Wherever in any Ordinance made by the Niue Island Council any penalty is imposed, such penalty may be recovered in or enforced by " the Resident Commissioner's Court." 10. The jurisdiction of " the Resident Commissioner's Court" shall include the following cases : — (1.) Breach of contract, or tort. (2.) Debt. (3.) The enforcement of claims upon and the recovery of possession of some specific moveable property. (4.) The recovery of possession of tenements or property with or without arrears of rent or mesne profits. 11. " The Resident Commissioner's Court " shall have all the powers of a Magistrate's Court in New Zealand for the enforcement of its judgments given under section ten (10) hereof. 12. All agreements and other instruments between foreigners or half-castes living as Europeans and Natives of Niue shall be approved by and signed in the presence of the Resident Commissioner, and shall be registered at " the Resident Commissioner's Court." Non-compliance with these provisions shall render any agreement or other instrument as aforesaid void, and of no effect. Passed by the Niue Island Council, this eleventh day of May, one thousand nine hundred and nine. Togia, Approved. President of the Niue Island Council. H. Cornwall, Resident Commissioner, Niue. Assented to by the Governor on the 18th June, 1909. ' ' > I '

Ordinance No. 26. —The Niue Island Village By-laws Ordinance, 1909. Be it enacted by the Niue Island Council as follows : — 1. The Short Title of this Ordinance is " The Village By-laws Ordinance, 1909." 2. There shall be set up in each village a Committee for the purpose of framing by-laws for the conduct of village public affairs. 3. The Committee referred to in clause two (2) hereof shall consist of the member of the Niue Island Council, the Native Magistrate, the Native Mission Teacher, and two patus (chiefs) to be elected by the villagers. 4. No by-law shall come into operation until it has been approved by the Resident Commissioner. 5. The power to make by-laws as herein prescribed shall only apply to the following matters :— (1.) Wandering animals. (2.) Dogs. (3.) Sanitation. (4.) Disposal of the dead. (5.) Reservoirs and water-supply. (6.) Noxious weeds and plants. 6. Any breach of any by-law made under this Ordinance may be punished by a fine not exceeding three pounds (£3), or as an alternative hard labour for a term not exceeding two months. 7. All prosecutions in respect of offences committed under by-laws made under this Ordinance shall be taken in the Resident Commissioner's Court. Passed by the Niue Island Council, this eleventh day of May, one thousand nine hundred and nine. Togia, Approved. President of the Niue Island Council. H. Cornwall, Resident Commissioner, Niue. Assented to by the Governor on the 18th June, 1909.

No. 50. Cook and other Islands Administration, Wellington, 30th June, 1909. Sir, — Niue Island Village By-laws Ordinance. I have the honour to acknowledge the receipt of your letter of the 12th May last; and, in reply, to return to you the Niue Village by-laws Ordinance, duly assented to by His Excellency the Governor. I also forward one hundred copies of the Ordinance in English and Niuean. I have, &c, The Resident' Commissioner, Niue. J. Carroll.