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Public Prosecutor v Naturel [1942] VUNHJC 1; Civil 691 (6 February 1942)

JOINT COURT OF THE HEW HEBRIDES

JUDGMENT No. 691

The sixth day of February in the year One thousand nine hundred and forty two,

Before their Honours:

The Report drawn up by the French District Agent of the Condominium at Santo dated 10th July 1941 sets out the facts relating to the recruitment, without a licence, of native labourers by Robert Naturel and his employee Simon.

The accused did not appear nor were they represented at the Hearing.

The Court having heard the Public Prosecutor "ad hoc" in his address then considered its judgment.

JUDGMENT

Robert Natural Simon were lawfully summoned on 20th October 1941 by the bailiff to appear before the Joint Court at its sitting of 23rd January 1942 to answer to a charge of having committed a breach of the provisions of the Protocol relative to the recruiting of native labourers.

The accused did not appear at the first sitting nor at the sitting of 26th January to which date the case had been adjourned.

The Report drawn up on 10th July 1941 by the French District Agent of the Condominium at Santo sufficiently proves that:

1. Robert Naturel did in 1941 commission the cutter "Aisse" with a view to recruiting native labourers, without having obtained a provisional licence for the vessel.
2. Simon was in July 1941 found in the Banks Islands on the said cutter, and acting as Captain, with a view to recruiting native labourers on behalf of Robert Naturel.

These acts are punishable by Articles 31 (1) and 56 of the Protocol later modified by Exchange of Notes dated 4th September 1930.

On these grounds,

The accused are convicted by default and are sentenced jointly and severally Robert Naturel to pay a fine of 1000 francs and Simon to pay a fine of 100 francs, in default of payment Robert Naturel to be imprisoned for 15 days and Simon for 4 days. They will, in addition, pay the costs of the proceedings.

French Judge
British Judge
Assessor
Registry Clerk