Pitcairn's Island  Source  Whalesite

Pitcairn Island Civil Recorder,
Part One: 'Laws' (pp. 1-15)
(January 1893)

Pitcairn Island
Civil Recorder.

      (The witness, standing before the judge, is told by the judge to lift up his right hand and take the oath. The judge then administers the following oath.)

      "You (here the judge mentions the full name of the witness,) do hereby do solemnly swear before God, that in the case now before the court, you will tell the truth, the whole truth, and nothing but the truth.

"Do you thus swear?"
(Witness answers, "I do.")
(Judge says, "So help you God.")

      On the arrival of H.B.M.S. "Champion", October 3, 1892, Capt. Rookes, her commander, at a meeting with the principal members of the community, suggested some changes in the form of government, to what had, until then, been followed.

      His suggestion was thankfully received and heartily adopted, and accordingly, on January 1, 1893 the voters assembled, and the suggestion was carried into effect, seven members being nominated to form a parliament, and from among these seven, the following officers were elected, viz – a president, a vice-president, two judges, and a secretary.

      Whereas, We have witnessed in the past, that, thro' lack of strength and firmness, on the part of government officers, some evil has resulted, and,

      Whereas, We believe that a larger number of officers would tend to make a stronger government, and that plans for the public welfare would be executed with better success, therefore,

      Resolved, That we heartily indorse the plan of having a government consisting of a parliament of seven, with power to legislate, to plan for the public good, to execute all decisions of the court, and to see that all public demands are attended to without any unnecessary delay.

1st      It shall be the duty of the president to preside at all sessions of the parliament, and at all assemblies of the regular voters.

2nd      To order, and to see that all acts of the parliament, and all laws, are properly executed.

      The duty of the vice-president shall be to perform the duties of the president in his absence.

      The secretary shall be charged with the custody of all papers and documents of every description belonging to the parliament, and shall, at each meeting, make a true record of all the actions of the said parliament. Beside this, he shall act as treasurer, to hold all public funds subject to the order of the parliament.

      The judge shall preside at all sittings of the court, and shall decide all cases brought before the court, according to the letter of the law, and to appoint all sessions of the court, and its adjournment.

      Should either party in a case brought before the court be dissatisfied with the decision of the judge, said party may appeal to the parliament, a legal quorum of which shall constitute a final court of appeals. The parliament, however, may refuse a case tried by the judge, if, in their estimation, the case has been [fairly] tried, and justly decided.

1      All fines are to be decided according to the discretion of the court.

2.      Any fine, or draft of the same, when paid in work, shall be eight hours a day.

3.      All fines paid in cash must be in either English or American coin.

      No one shall be allowed to assemble the court without a good evidence or satisfactory proof against an opposing party or parties, without laying himself open to punishment. Anyone so offending shall be fined sixpence an hour for lost time.

      Refusal to obey any of the lawful orders of the court shall be punishable by a fine of from one to five pounds sterling. Insulting the court will be regarded as a grave offence.

      No one shall call in question any preceding case that has passed the investigation of the court to prevent the course of justice.

      Any one so offending shall pay a fine within £1 to £4 sterling.

      Any two persons convicted of the crime of fornication shall pay a fine of within £4 to £20. Should said crime result in offspring, the father shall support the child as long as it lives. needs supporting.

      Further, Anything coming from the father to support his illegitimate child, as long as it lives with the mother, shall be sent to the mother thro' the hands of the parliament.

      Any persons convicted of the crime of adultery, shall be punished by paying a fine within £10 to £25.

      If two persons of the opposite sex, one, or both of whom, at the time shall be legally married, shall associate together in secluded places or otherwise, on terms of intimacy not consistent with his, or her, marriage vows, or in a manner to cause separation from his, or her, husband or wife, they shall, on conviction be fined within £2 to £10.

      Any person or persons aiding or abetting them in their crime, shall pay the same amount.

      It shall be lawful for the court to punish the crime of adultery by banishment from the island as well as fining the parties.

      It shall be unlawful for two persons of the opposite sex to associate together at such times

and in such places as shall tend to create scandal, or to endanger the morals of the rising generation by their evil example. Further —

      It shall be unlawful for any householder to allow any such persons who may have thus offended, to meet at his, or her, house, or premises, to further their evil designs without fear of discovery. Fine from £1 to £3 Sterling.

      It shall be unlawful for any one of the opposite sex to intentionally remain near the place where the women and girls do their washing.

      Any one so offending, shall pay a fine of from £2. to £4.

      It shall be unlawful for any person to raise a false report against his neighbour out of malice or revenge &c.

      Whoever is convicted of such offence, shall pay a fine of, from 10 to 20 shillings.

      Whoever is convicted of stealing, shall be fined within £1. to £10. The stolen property also shall be made good.

Law Eleven.      (11)

      Parents shall be responsible for property stolen by their children, (for the purpose of supporting their families, or otherwise,) from the age of 16 years and under.

      Should any person or persons bring forward any charges against anyone, said charge, or charges having occurred a month previous to the time of its being made known to the parliament, and produced for the sake of malice or revenge, such person or persons must be punished as the case is determined upon by the court.

      Any man who shall beat, or in any way abuse his wife, shall pay a fine within £1 to £15.

      Any person, in a quarrel, striking his opponent with the fist, or with any kind of weapon, shall pay a fine of from £1. to £6.

      Should the blow be returned, save in case of self- defence, both parties shall pay the same fine. Anyone is at liberty to defend himself.

      It shall be unlawful for any person to carry concealed weapons, or to appear before the court or parliament with deadly weapons on their person.

      The fine for this law is £1. to £10.

      Any person or persons after this date, 24 September 1884, maliciously wounding, or causing the death of a cat, without permission, will be liable to such punishment as the court will inflict. Further, Any person, or persons aiding, or abetting in the aforesaid misdemeanor, will also be convicted under the same indictment. Should any dog, going out with his master, fall in with a cat, and chase him, and no effort be made to save the cat, the dog must be killed for the first offence. Fine. 10 shillings.

      Cats in any part of the island doing any one damage, must be killed in the presence of one of the members of parliament.

      It shall be unlawful for any person or persons to treat cruelly, or to beat in an unmerciful manner, their fellow beings, or animals, of whatever kind, to injure them or in any way to inflict pain. First violation of this law, punishable by reprimand of the court. Subsequent violations by fine or from 12 to 40 shillings.

      Should any man's fowls do damage to his neighbour's property, the owner of the fowls must take them away. The owner of the plantation must first notify his neighbor concerning his chickens and if he refuse to remove them, the owner of said plantation shall be at liberty to shoot them.

      Any person or persons going after fowls in any part of the island, must call one or more of the other parties who have chickens in the same direction. Should any of the parties refuse to go, they must bear whatever damage may be done.

      Any one found going, without consulting any of the said parties, is amenable to a fine of from 4 to 20 shillings.

      Should any dog be found killing fowls or eating eggs, he is to be killed for the first offence.

      Shooting goats from the bend of the ridge at White Cow's Pen inland toward Aute Valley, and following the same line up to William's Block, and across to the head of McCoy's Valley, Taro Ground, and so on throughout the entire boundary line for goats, is strictly prohibited.

      Fowls may be killed with bullets if found in the place allotted to goats.

      Discharging of bullets from firearms anywhere within the village, is not allowed, excepted it be into the air, or into the sea. First offence reprimand. Second offence eight shillings.

      Threatening the life of any person or persons will be regarded a great crime. Any such threats will be punishable by the decision of the court.

      It shall be unlawful for any one to land from ships, drugs of any kind without first getting permission from the president. Any one found so doing shall be punished. Further —

      It may be lawful for parents to treat their own children in case of sickness with any kind of medicine that may alleviate their pain, or give relief. But no one will understand that he is at liberty to treat, or give any dose of medicine, unless it be one of his own family, without first getting license from the president. If any one be found so doing, he shall be severely punished, as the court shall decide.

      Any person or persons going to the sugar mill, and eating the sugar cane which belongs to another after it has been cut and brought there, and that without the permission of the owner of said sugar cane, shall be submitted to whatever punishment or fine the judge may see fit to impose upon him.

      From henceforth, (April 6, 1896,) no person or persons are allowed to bring cocoanut or cocoanuts from `TOtherside unless accompanied by one or more of the members of parliament, on the first week of every month, on Sundays, (unless otherwise arranged thro' unforeseen circumstances,) and, further —

      No one, while at the above named place

will be permitted to use cocoanuts from other persons trees, without first obtaining permission from the owner or owners, thereof.

      All cocoanuts needed for cooking while stopping at `TOtherside, must be gathered in the presence of one of the members of parliament.

      All the men, and the boys from the age of 14 years and upward, to whatever age the parliament may think proper to limit, are to be employed in the public work on the island, whenever their services are required.

      Any person, or persons, calling at, or passing by, places where public work is being done, or where persons are filling appointments made by the judge, president, or parliament, staying around, meddling, or interfering with them in their business, and thus hindering work, or in any way causing trouble, must be submitted to whatever penalty the judge may think fit to impose.

      No one is allowed to pay gratis, without first consulting with the court in regard to the matter.

      Whoever shall do any action which, though it has not been mentioned above, – is contrary to the decency, peace, and good order of the Island, shall be punished by a fine not exceeding

      Reports from children under the age of 14, will be noticed. Also, offenders under that age, when found guilty of glaring misdemeanors, will have punishment meted out to them by the parliament.

      The use of bows and arrows, rifles, revolvers, or firearms of any description, by children under the age of 14 years, is strictly prohibited.

Article 1      The solemnization of marriage shall be wholly under the direction of the parliament.

Art 2.      The president of the parliament shall, by virtue of his office, be authorized to perform the marriage ceremony. In his absence, the acting vice-president shall have the same authority.

Art 3.      Any ordained minister of the Gospel or an ordained local church elder, may perform the marriage ceremony when authorized to do so by the parliament.

Document no. 91. (January 1893) "Pitcairn Island Civil Recorder, Part One: 'Laws' (pp. 1-15)". Pages 1592 to 1594.

Pitcairn's Island  Source  Whalesite