Pitcairn's Island  Contents  Notes  Source  Whalesite

      I. Pitcairn Island is situated in latitude 25.4 S. and longitude 130.5 W. It is approximately four-and-a-half miles in circumference, one-and-a-half miles being the greatest length. Its highest point is 1,000 feet above sea level. It is of volcanic origin.

      The island lies on the track of steamers proceeding from Panama to New Zealand. It is 3,520 miles from Panama and 3,006 miles from Wellington.

      There are two landing-places on the island, Bounty Bay on the north-east and a small cove on the north-west. In adverse winds and seas landing is frequently impossible.

      2. The climate is good. Records have not been kept, but the temperature is said to range from 59 degrees in winter to 87 degrees in summer. A record kept during my visit showed an average of approximately 70 degrees. Hurricanes have been experienced but are of rare occurrence. The last hurricane was in 1911. No records of rainfall have been kept.

      3. The island was discovered in 1767 by Captain Philip Cartaret of H.M.S. Swallow and named by him "Pitcairn's Island" after the midshipman who first sighted it. Captain Cartaret, on account of weather conditions, was unable to land.

      At some period in the distant past the island was inhabited but all trace of those former inhabitants is lost except a few adze heads and stone implements. Cuttings still exist on the cliffs, representing human beings, the sun, the moon and stars. These were discovered by the mutineers of the Bounty and are a relic of the stone age. Their state of preservation is still good.

      The modern history of Pitcairn dates from the year 1790 when the Bounty reached the island. H.M.S. Bounty, under the command of Captain Bligh, left Spithead in 1787 on a voyage to Tahiti to procure bread-fruit plants for the West Indies. Shortly after leaving Tahiti, when the Bounty was in the Tongan Group, a mutiny broke out on board, Captain Bligh, with 18 others, was put into one of the ship's boats and cast adrift, and the Bounty returned to Tahiti. Quarrels ensued among the mutineers and eventually Fletcher Christian, master's mate, sailed for Pitcairn with eight others. Their names were Edward Young, John Mills, Matthew Quintal, William McCoy, Alexander Smith alias Adams, John Williams, Isaac Martin, and William Brown. These men were accompanied by Tahitian wives, six Tahitian men, three of whom had wives, and a little girl – 28 souls in all. The Bounty was run ashore at the island and dismantled and burnt.

      The early history of the settlement is a tale of faction and murder; only two of the mutineers, Young and Adams, died natural deaths. In 1800 Adams was the only survivor of the mutineers left on the island. He became deeply religious and, until his death in 1829, governed the settlement wisely and well.

      In 1808 an American whaler called at the island and the fate of the mutineers who had sailed from Tahiti, and whose whereabouts had remained a mystery, became known.

      The history of the 19th century can be briefly recorded.

      In 1831 there was fear of a dearth of water, and the people, at that time 87 in number, were removed to Tahiti. They were unhappy there and returned to Pitcairn in the following year.

      In 1838 the island was visited by H.M.S. Fly. An entry in the "Register of Pitcairn's Island" states —

      "1838. November 29th. Arrived H.M.S. Fly, Captain Russel Elliot.... This Island was taken possession of by Captain Elliot on behalf of the Crown of Great Britain on the 29th November, 1838."

      In the middle of the century the increase in the population necessitated the removal of the inhabitants to a larger island. In 1856, at their own request, they were all taken, with their possessions, to Norfolk Island where arrangements for their reception had been made by Her Majesty's Government. The population at that time numbered 192 souls. Despite the advantages of life in Norfolk, the call of Pitcairn was insistent and some families returned there within two years. These were followed by others a few years later, and since this time the island has again been inhabited by descendants of the mutineers.

      Since the days of John Adams the people have been deeply religious. In 1836, following the visit of an American missionary, they left the Church of England and became adherents of the Seventh Day Adventist Church, to which they now belong.

      4. The island is a British Colony by settlement and was brought within the jurisdiction of the High Commissioner for the Western Pacific in 1898 under the provisions of Article 6 of the Pacific Order in Council 1893.

      During the first quarter of the 19th century the island was governed in patriarchal fashion by John Adams, whose word was law. After his death there was no settled form of government for some years. When H.M.S. Fly visited the island in 1838 Captain Elliot advised the people to have a code of written laws and to appoint a magistrate to enforce them. The government then established consisted of a Magistrate and Chief Ruler in subordination to Her Majesty the Queen of Great Britain; he was assisted by a Council of two members. The Magistrate was elected annually on New Year's Day by the vote of every islander over the age of eighteen years. One member of the Council was appointed by the Magistrate, the other member being elected by the people.

      This method of annual election of the Magistrate by universal suffrage pertains until the present day.

      The form of Government established in 1838 lasted for over fifty years. In 1892 Captain Rookes of H.M.S. Champion during a visit to the island suggested a change, and a parliament

of seven was elected "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 unnecessary delay." This parliament consisted of a President, vice-president, two judges, a secretary and two others. This form of government prevailed until 1904 when it was superseded by the existing system. The functions of the parliament had become merged in those of the president, and the system had become lax.

      The government is now administered, under the High Commissioner, by a Council consisting of a Chief Magistrate, two Assessors, a Secretary and a Chairman of the Internal Committee. These officers are elected annually by the people.

      By virtue of the provisions of Article 20 of the Pacific Order in Council 1893, civil and criminal jurisdiction, so far as circumstances admit, is exercisable on the island in conformity with the principles and substance of the law of England. Pitcairn, however, has a simple code of law, and it is this law which the Chief Magistrate administers. Jurisdiction in serious cases is reserved for the High Commissioner's Court.

      I have traced a record of island law which was in force ninety years ago. It is of interest to note that it provided for trial by jury, compulsory education from the age of six to sixteen years, and prohibition.

      5. The following is a record of the population. The figures have been extracted from old chronicles and official reports.>

      The present composition of the inhabitants is as follows —

(There are nine non-Pitcairners at present resident on the island.)

      The oldest inhabitant is Mary Ann McCoy who is eighty-seven years old. The oldest male is Vieder Young, aged 80 years. Both are well preserved.

      The numbers of persons in the three principal family groups are —

      The number of married couples is 45.

      The number of islanders residing away from Pitcairn is forty, the majority of whom are in employment in New Zealand.

      The number of illegitimates, according to the records, is 25.

      The following are the statistics of births and deaths for the last ten years —

      Since the return of the people from Norfolk Island there have been 179 male to 162 female births.

      The population to-day is approximately the same as it was before the removal to Norfolk, but the rate of increase has considerably declined.

      6. The health of the people appears always to have been satisfactory. Tropical fevers are unknown. Since the return from Norfolk Island there have been 122 deaths. Of these, 23 have been due to accidents — falls from the cliffs, accidental shootings and drownings.

      There has never been a resident medical officer on the island. Medical assistance is obtained, when possible, from surgeons of passing ships which call at the island.

      Physically the islanders are strong and healthy. There is no evidence whatsoever of degeneracy. The early loss of teeth gives them a peculiar appearance. This loss may be attributed to defect in diet.

      Mentally the islanders are of average intelligence. There are only three who are in any way deficient in this respect.

      7. Adamstown, with 60 houses, is the only town on the island. It stands about 250 feet above the Bounty Bay landing. The houses are built of local timber which is cut and dressed by hand. They contain, on an average, five rooms. Many are two-storied. The windows are glazed. The exteriors of the houses are not painted and the interiors are generally painted or varnished. The roofs are now all corrugated iron, which took the place of thatch soon after the War. The roof serves as a catchment area for the water supply, each house having its own cistern constructed from stone slabs hewn from the rocks and joined together with cement. An average cistern holds 1,000 gallons of water and is covered with loose sheets of corrugated iron. The cisterns are not properly protected against possible contamination and are a breeding ground for mosquitos which are very prevalent during the day.

      The houses are well and cleanly kept, the furniture being of simple European style.

      The kitchens, bathrooms and latrines are built adjacent to the dwelling-houses. The kitchens are of good size and are built of local timber. They all contain an oven constructed out of seven slabs of locally-hewn stone, rectangular in form and joined with cement. The door is a piece of iron. This oven is heated with wood, which is raked out when the necessary heat is attained. Bread, fish and vegetables are baked in this warm chamber. An average size of an oven is 4' by 3' by 1 1/2'.

      The kitchens also contain an open fire-place with iron rests for the pots which are of the ordinary European type. The oven and the fire-places are extravagant in the use of firewood.

      The bathrooms are small wooden shelters, and ordinary buckets and tins are used for bathing purposes.

      The latrines, which are of the pit variety, are clean and satisfactory, with a deep pit. The house is of wood.

      The household fly is at present entirely absent, although it was prevalent some years ago.

      The precincts of the house and the household rubbish are cleaned weekly. There is no other system of rubbish removal.

      Adamstown itself is cleaned weekly, each family performing its appointed task.

      8. The chief crop of the island is oranges, the trees being planted all over the island. The crop is at its best during the months of June, July, August and September. The fruit is exported to New Zealand, and an export of 2,000 cases a year is regarded as satisfactory.

      Shipping is precarious owing to transport difficulties between shore and ship. As overseas ships lie off the island for only a short period, it would be impossible, with the boats and men available, to ship more than approximately 500 cases by one ship even if the weather conditions were suitable. The boats are launched by man-power and only two or three, according to the tide, can lie at one time at the Bounty Bay landing-place.

      The banana crop is small but of good quality. Shipping and refrigeration difficulties render it practically impossible to export the fruit commercially.

      Oranges, bananas, avocado pears, mangoes, melons, pineapples and pawpaws are sold to passengers and traded for stores with ships calling at the island.

      Trading is both public and private. Articles traded publicly are exchanged for ships' stores and those are divided out ashore among the people. These stores consist mostly of flour, potatoes, meats, dried beans, peas, and biscuits.

      Tithe is paid on the produce of public and private trade.

      The soil of the island is deep and remarkably fertile. European vegetables of most varieties can be easily grown if the rainfall is normal. There is a small barter trade in vegetables with the regular ships on the New Zealand service.

      Livestock is confined to goats, of whih there are approximately 350. They run wild. There are no cows, pigs, or horses.

      Goat meat is occasionally used as a foodstuff.

      The number of fowls is approximately 1,300, and there are a few turkeys and ducks.

      In addition to trading with foodstuffs, the islanders sell or barter curios and basketware with the ships. The curios consist of walking sticks, boxes and vases made by the men from coconut or miro wood, often inlaid with orange wood. The miro wood is obtained from Henderson Island which is about 100 miles from Pitcairn. The men go annually to Henderson for supplies. The women make baskets, hats and other similar articles from pandanus leaves.

      Imports consist of stores obtained in barter from ships and include rice, sugar, kerosene, soap, matches, wheat, tinned milk, jams, tinned fruit, paint and canvas for boats, and prints for women's clothing.

      The annual income of the island, in money and kind, provided a reasonable price is obtained for the orange crop, is approximately £,800 to £2,000.

      9. There is a school conducted by the islanders, with four teachers, who are chosen annually from among the people. They have no training and are paid from £6 to £12 a year. The school building, 45 ft. by 20 ft., is constructed of local timber and is well lighted. The playground, of hard clay, adjoins the school. The equipment consists only of locally- made desks and a few blackboards. There are four divisions in the school. Attendance is compulsory from the ages of six to sixteen years, and the subjects taught are the 3 Rs. grammar, geography, Scripture, a little history and physical drill. The school opens at 6 a.m. in the summer and 7 a.m. in the winter, and the hours of instruction are approximately four for the seniors and three for the children. The general standard is very limited and the discipline is lax. The tendency to use a Pitcairnese dialect is very pronounced both in the home and in the school. It is difficult to understand this dialect which is spoken with a peculiar drone and words are continually "clipt" or distorted. Its use is spreading. The older inhabitants speak purer English than the rising generation.

      10 (1)— Shipping.— Passenger vessels of the New Zealand Shipping Company and the Shaw Savill and Albion Line call regularly, if circumstances permit, at the island on both homeward and outward sailings. Cargo vessels from Australia, using the Panama Canal route, also call at irregular intervals.

      On an average 50 large ships, in all, now call during a year. Vessels generally lie about two miles off the Bounty Bay landing.

      The islanders go off to the ship in locally-made boats of which there are, at present six in serviceable condition. The boats, which can carry about 30 souls, are 36 ft. long with a 9-ft. beam and row 14 oars, two at each thwart. When the wind is favourable, sails are hoisted. The boats are hauled up by manpower after visiting a ship, as it would be unsafe to leave them in the exposed water at Bounty Bay. Despite the perils of the landing-place and the surf, there has been only one occasion within the experience of the present Chief Magistrate on which the boats have been unable to visit a ship. When conditions are bad, the journey is dangerous in the extreme even to the most skilful island seaman. It is only possible for two or three

boats, according to the tide, to use the Bay at one time. When the boats put to sea they wait for each other, as a precautionary measure, outside the surf, and row or sail close together to the ships. The entrance to the Bay is very narrow and only one boat at a time can put to sea. When crossing the entrance the boats are steered with an oar by the coxswain standing on the stern, who keeps the boat close to the breakers until he considers it safe to put out to sea. The manoeuvring is extremely skilful and is performed with great precision.

      (2) Roads. — There are approximately 15 miles of good earth-tracks on the island, well-made and maintained but difficult during rains. The track from the landing-place to Adamstown is stepped. The town is about 250 feet above the landing and the ascent is very steep but safe. The track from the emergency landing-place on the north-west is very difficult for the first 100 yards. It rises abruptly along the face of a cliff and is dangerous unless assistance is given by the islanders. The other tracks lead to the plantations on the high plateaux and in the valleys.

      (3) Wireless.— About seventeen years ago the Marconi Company presented the island with a small receiving set. Power is supplied by two dry cells which are replaced when necessary by gifts from passing ships. In 1928 a visitor from New Zealand installed a small transmitting set, the accumulator of which is charged by ships. The operator is self-taught. He knows the dates when ships on the regular run are in the vicinity and keeps watches at times arranged with the ships' operators, to learn the time of arrival. He operates on 600 metres and has been heard 400 miles away. The sets are now very antiquated and battery troubles are not infrequent. Difficulty is sometimes experienced in hearing ships and, when one is expected, a look-out is maintained from high land on the island.

      (4) Posts. — Until 1926 the islanders posted letters without affixing stamps. The letters were franked "Posted at Pitcairn Island; no stamps available" and delivered free of charge on receipt in New Zealand. Letters were similarly posted to other parts, but how they were treated on arrival it has not been possible to ascertain. The privilege of a free postal service was withdrawn in 1926 and a postal agency on the island was established under the control of the New Zealand post office.

      Pitcairn, in effect, ranks as a sub-post-office and the rates applicable in New Zealand for letters apply.

      II—(1) Bank. — About 1850 a type of bank was started on the island by the islanders themselves. The small sums which were deposited were allowed to accumulate for a time, partly

with the object of purchasing a cutter, but the bank was not a success and the deposits were returned. There is no other record of a bank on the island.

      (2) Currency. — The islanders use as currency such moneys as they receive from passengers on passing ships. With the assistance of the officers of the ships they make purchases abroad with this money. Currency is not used on the island except for church collections and tithe payments.

      (3) Weights and Measures. — There are no stores on the island. Weights and measures are only used when computing amounts payable in tithe. There is a British scale in the tithe-house.

      12. The only public buildings on the island are the court house, the school and the prison. The Council House was constructed fifty years ago out of local timber. It is 45 feet by 24 feet in size, with a verandah on one side and is now roofed with iron. The furnishings consist of a table and wooden benches. The prison is a wooden building with a thatched roof, 20 feet by 15 feet with two cells. Reference has been made above to the school. All the buildings were erected by the people as part of their public work.

      13. The only tax paid is a gun licence fee of 6d. per annum. The money obtained is used to purchase stationery for the use of the Chief Magistrate.

      14. The island was originally divided into nine parts by the nine mutineers, the boundaries being marked with stones or trees. An old law, which has ceased to be operative, enacted that on "the 1st of January, after the magistrate is elected, he shall assemble all those who should be deemed necessary and with them he is to visit all landmarks that are upon the island and replace those that are lost." No land law has been enacted dealing with tenure, powers of disposition, and rights of succession. Lands have been disposed of among the islanders by will and no rule of primogeniture or rights of dower exist. It is customary if a married man with children dies, for his land to be divided equally between his widow and children of both sexes. It would be contrary to custom for a man to disinherit his children or for a widow to dispose of land outside the family. Upon marriage a wife's land passes to her husband. Those are the only broad principles which are followed on the island in land matters. There has been no survey either of the original division of the land or subsequent sub-divisions.

      I left Tonga on the 15th. April and, travelling via Samoa and Fiji, arrived in New Zealand on the 26th April. I met Dr. Cook, my medical colleague, soon after arrival and we completed arrangements for the purchase and transport of private stores. Dr. Cook had already secured all necessary drugs and medical equipment and a refrigerator for vaccines. We left Wellington on the 6th May on the Ruahine and arrived at Pitcairn on the 15th May. We landed without difficulty.

      We left the island on the 23rd of June on the Rangitiki. Embarkation was extremely difficult as a heavy sea was running and thick squalls rendered it difficult to see the ship. When the ship was reached the island was not visible owing to the weather conditions.

      2. During our visit we lived and had meals with the Chief Magistrate and his family.

      Situated as we were, we had ample opportunity of observing the daily life of the people.

      3. On the 17th May we met the Island Council and explained the objects of our mission. We also arranged, through the Council, for Coronation celebrations which were held on the 18th May.

      4. During our stay on the island, at public meetings and in visits to the houses of the people, we came into close contact with all the inhabitants.

      5. A separate report is being submitted by Dr. Cook on the medical work of his mission. The people submitted willingly to vaccination. Persons who did not take readily presented themselves a second, third and fourth time undeterred by the sight of many a sore arm. They seemed almost jealous of what they regarded as the good fortune of their neighbours. Dr. Cook made a complete physical and dental examination of every soul on the island, extracted teeth, took blood specimens for the Wasserman test for syphilis and yaws, examined specimens for hookworm, and did the Schick, Dick and Mantoux tests for susceptibility to diphtheria, scarlet fever and tuberculosis respectively. He also held public meetings, for men and women separately, for discussions on the subject of venereal disease.

      6. I made a careful examination of administrative conditions and the working of the existing system of Government. The conclusions at which I arrived are set out below.

      The existing form of Government had its origins a century ago when, on the advice of Captain Elliot of H.M.S. Fly, a Chief Magistrate and Council were elected by the people. The forms of government which have prevailed since that time have been referred to in paragraph 4 of Part I. The executive has always been elected by the votes of the people. Patriarchal government died with John Adams. The Chief Magistrate and members of the Council give their services voluntarily and it may be regarded as a remarkable achievement that the principle of voluntary service has survived. At meetings with the Council, at public meetings, in private conversations, and by personal observation I have endeavoured to find out how the system of government worked. I have not applied and it would be unreasonable to apply an exacting test. The islanders are deeply attached to their system. Their desire is, that Pitcairners, under the High Commissioner, should rule Pitcairn. They compare their independent position with that of their brothers on Norfolk Island. The Council has had no substantial complaints to make about the working of the system. They had experienced difficulty at recent elections on account of the practice of personation. They did not know how to cope with a matter the very existence of which is rather surprising. I have made simple provision to overcome their difficulty in a draft code of law (see Appendix). The Chief Magistrate stated that his one concern was to keep "bad characters" from being elected, as he feared that their election would mean the loss of their present form of government. He did not, however, offer any constructive suggestion. At public meetings I have had no complaints about the Executive. Questions which have been asked have dealt with breaches of the moral code, and the correct Court procedure in such cases. In private no complaints have been made, which is remarkable in a community so Polynesian in much of its outlook. Surveying the situation broadly, I found,the community work of the people well-performed and the people happy. In short, I found nothing which would necessitate a recommendation that the system of government should be superseded or that it had broken down. The community is a small one, and small troubles, therefore, are magnified; but whatever system of government exists in Pitcairn, this smallness of outlook is unlikely to change.

      While I found that the existing system, despite obvious limitations in the holder of public offices, suited the needs of the people, there are various ways in which it could be rendered more effective without depriving it of its peculiar and historic character. Contact with the High Commissioner could be brought nearer. A legal code is necessary — the Court has never had any rules of procedure to guide it. An improved system of education is essential. These, in my opinion, are the chief

needs of the island. I will refer below to the question of medical facilities.

      7. I regard closer contact with the High. Commissioner as desirable. The knowledge that an officer from Fiji or the Western Pacific will visit the island at regular intervals would strengthen the local administration and be beneficial to everybody from the broad education view-point. It would keep before the minds of the people Pitcairn's close connection with the Empire. I do not propose a lengthy official visit ten days every 18 months or two years when an officer is proceeding on, or returning from, leave would suffice. The desirability of the visiting official being a medical officer with administrative experience suggests itself. Again, I consider it desirable that a copy of the Minutes of Council should be forwarded to the High Commissioner with the six-monthly returns now submitted. Only a brief report is now forwarded. The Minutes are short, but their perusal would enable a closer supervision and contact to be kept.

      8. I have carefully considered the question of making provision in a written code for the system of local government in Pitcairn and for the administration of justice in the local court. Such a code would help to regularize procedure and to assist the local authorities in dealing with unusual situations. The Appendix contains the draft of a King's Regulation which may be found useful as a basis, if it is decided to pursue the question.

      Part I contains the interpretation clause.

      Parts II, III, and IV contain provisions dealing with the election of government officers, their duties, and the functions of the island Council. The Regulation making power of the Council is defined and Regulations made do not becomet law until approved by the High Commissioner. (Part II, clause 6.)

      Part V. The provisions of this part constitute the Island Court and set up rules of procedure. The model was the Fiji Native Courts Code, 1927. It suited admirably.

      The criminal jurisdiction of the Court is limited to the trial of offences punishable by a fine not exceeding ten pounds or imprisonment not exceeding a term of three months. The civil jurisdiction is limited to the hearing of cases where the amount involved does not exceed in value an amount of five pounds. All cases not within the jurisdiction of the Court are made -triable in the High Commissioner's Court (Clauses.5 (6) and

16). I am unable to recommend that any greater jurisdiction should be entrusted to the proposed Court. Criminal cases are few in number and civil cases are practically unknown. I would here state that there is nobody on Pitcairn who could possibly be considered for appointment as a Deputy Commissioner. The local Court, as it now functions, is not unlike a Native Stipendiary Magistrate's Court in Fiji. It falls far short of the standard of a Tongan Magistrate's Court. Yet, in fairness.to Pitcairn, the point should be made that the Magistrate of the year has never seen a proper Court function and has never received any practical instruction.

      I have provided in Clause 52 for Fees of Court. This is new to Pitcairn, but I see no reason why they should not be imposed.

      I have purposely made no provision for appeals. The jurisdiction is very limited, and it would be impossible to provide for an expeditious hearing of appeals.

      Part VI contains miscellaneous provisions. I have included the Form of Oath. I have found that it is not administered in the Court, though provision was made for it in the old Pitcairn laws. I have instructed the Chief Magistrate on this and other matters of Court procedure.

      Part VII deals with offences. I have studied carefully the old and existing Pitcairn laws and regulations and consulted with the Chief Magistrate before completing this part. Clause 88 deals with immigration, to which I shall refer later. Clause 89 deals with the importation of plant matter and birds. Clause 98 re-enacts an old law. Reference is made in paragraph 14 of Part I to the Land System. It is essential to preserve these landmarks and have them recorded. The Chief Magistrate has commenced a record. The other clauses deal with ordinary criminal offences and contain, in addition, provisions peculiarly applicable to the island.

      9. Reference has been made in Part I to the local school. An inspection was made and the teachers were asked to continue instruction during the first part of the inspection. The children — there were 47 in attendance — are all taught in the same room. The noise was indescribable and the discipline very lax. The teachers had no fixed plan of instruction and had had no training. The books used were New Zealand Infant Pacific Readers and American text-books. There were no maps. The spelling on one of the teacher's blackboards was shocking. I examined the classes individually; the standard was appalling. Dr. Cook informed me that children of nine or ten years of age

in New Zealand did similar work to the children of sixteen years. The English spoken was difficult to understand, but the children themselves were bright, healthy and well clothed.

      The school is, by local regulations, under the control of the Chief Magistrate-in-Council. The regulations were made about thirty years ago, probably in 1904. My copy is undated. When I asked the head teacher for a copy of these regulations I was given a book containing Minutes of an Education Board. At the back of this book I found "notes of guidance" for the School Board, which was established in 1929, signed by Mr. E. S. Butz, who was the resident Seventh Day Adventist missionary eight years ago. These notes contain instructions which are in conflict with the regulations. In effect they transfer the management of the school to the Board. I spoke to the Chief Magistrate on the matter and he said that he had told Mr Butz that he could not make regulations. I enquired whether a report had been made to the High Commissioner, and the Chief Magistrate said that no report had been sent.

      The position is that the Council seems to have acquiesced in the action of the mission, and the school is now conducted by the School Board. I asked the Council what the position was, and I was informed that "the idea was that the Government was behind the Board, that it was a Government school run by the Board, and that the Government was really the authority."

      In Clause 94 of the draft King's Regulations (see Appendix) I have made provision to make it clear that the school, which is a public school, is under the control of the Council. This, in effect, declares the existing law.

      My considered opinion is that the cultural degeneration of the islanders will be rapid unless proper provision is made for the education of the children. The use of Pitcairnese is now almost universal and it will be a difficult task to eradicate it. The position becomes hopeless if Pitcairnese is the language of the school teachers and the medium of instruction.

      The island needs a school co-related to its daily life. There should be instruction of a simple primary nature and English history should be stressed. Arts and crafts, useful locally, simple hygiene, practical agriculture and simple instruction in domestic and culinary arts should be given. A proper system of land cultivation is not carried out locally, and a school garden would be a practical field for demonstration work. It would be a simple task, and should give the people an interest, to arrange for night classes for adults. The domestic arts, as known locally, are in many respects crude. The culinary arts are of a particularly low standard. The home discipline of the children is lax. There is a large field of work for the keen educationist, hard up-hill work. There is still evidence of keen work in the past but that old tradition is rapidly being lost.

      I made enquiries as to the amount paid in tithe and free-will offerings by the people. This money is sent out of Pitcairn and used for the Seventh Day Adventist work, so far as I could ascertain, in mission fields in the Pacific. A large notice in the church states the amount required for the year. In 1936 a sum of £212 5s. 2d., according to the records shown me by the Chief Magistrate, was sent away. This includes a tithe of £160. The Chief Magistrate states that £200 is an average amount. The mission sends a resident Missionary to Pitcairn about every three years and he resides on the island for some months only. In my view the time has arrived to represent to the Mission Conference the educational needs of Pitcairn and to make enquiry whether it is prepared to appoint a qualified teacher. The Pitcairners, to put the matter plainly, are neglecting the education of their own children and paying more than they can afford for work in the mission field. The position is difficult, as the payment of tithe and free-will offering, apart from being a matter of faith, appeals to the Pitcairners. I am making recommendations further on as to how.a teacher could be subsidized if the mission is prepared to appoint one. If it is not prepared to make an appointment — and I feel strongly that the island is being neglected — the position is difficult as the taxable resources of the people are limited in the extreme.

      I have stressed the importance of education to the community in public meetings and have pointed out that without a proper system of education the time will come when it will be difficult, if not impossible, to find suitable leaders for governmental work. I have reminded them that in the past the law provided that they should pay one shilling per month for each child.

      It has, however, become traditional for the Pitcairners to expect things to be done for them for nothing while at the same time they make the contributions referred to above for the advancement in other parts of the Pacific of the work of the mission to which they adhere.

      10. Reference has been made in paragraph 8 of Part I to the production of the island. Proper cultivation of the soil is unknown. In planting native foodstuffs and European vegetables the surface of the soil is merely scratched with an adze. There is no trenching and no manuring, and the land is worked for years without any rest. Seaweed is available for manure and I have suggested the desirability of using it. The soil is rich, being twenty feet deep in parts.

      Coffee of good quality was at one time grown, but this has ceased. I was told that there was a religious prejudice against the crop, but other islanders contradicted this statement.

      The coconut crop is limited and poor. The soil may not be suitable, or the reasons may be climatic.

      Animal pests are few in number. Rats are troublesome. A black ant was introduced from Mangareva Island some years ago. Bird life is singularly rare, and apart from a type of sparrow and some sea-birds, there are no birds on the island.

      Lantana was introduced as a flower, but it has become a pest.

      The principal plantations are on the high plateaux and small pockets elsewhere are planted with sweet potatoes and European vegetables. It has been estimated that about 600 acres are cultivable.

      As regards agricultural expansion for export purposes, the position is not encouraging. The anchorage at Bounty Bay, apart from any other consideration, is a governing factor. The provision of a break-water would be of little assistance, and its erection would be an engineering feat of magnitude and the cost enormous even if its accomplishment was possible. The surf roars in with the wind in the north, and the Chief Magistrate informed me that the seas on occasions break over Adam's Rock which is near the landing. Even if a breakwater were possible, the working of ships would still frequently present the greatest difficulty. Only light boats can be used if a swell is running and the ships stand well off from the land. A cutter would be useless for loading purposes in a sea-way.

      The alternative anchorage in the north-west is poor. I was surprised at the heavy swell there even on a calm day. It is unworkable in a southerly or westerly wind.

      A further factor retards the development of trade — the islanders will not load produce on their Sabbath Day which is between sunset on Friday and sunset on Saturday. During our visit two large vessels arrived on the Sabbath and no fruit was exported commercially. Ships are boarded on a Sabbath, inward cargo is taken ashore, and the islanders dispose of baskets of fruit and island products, but not for cash sales. They accept cash and kind, when given, as gifts in return. The distinction is fine and subtle, but such is the position. In the circumstances pertaining there can be little development. Ships will take fresh vegetables locally, when they require them, but they have to take complete stores at the commencement of a voyage as calls at the island are conditional on the weather and they cannot depend, even if they call, on being provisioned.

      Banana export is not a practicable proposition. Not only would the fruit get spotted through spray on the voyage to the ships but refrigerated space may not be available. Shipments have not been a success. Shipping men and fruit merchants in New Zealand have told me that there is nothing m bananas as far as Pitcairn is concerned.>/p>

      There is a limited trade with tourists in island curios. Reference has been made to this trade in paragraph 8 of Part I.

      There is a possibility.of a small trade in flowers with tourists. The island could grow most varieties, but little planting has been done and the roses have deteriorated. The woolen could earn pin-money with flowers.

      Lastly, high winds are continually experienced and the orange crop is subject to damage. As this is the only practical major export crop it makes the agricultural prospects of a year problematic.

      ' The Chief Magistrate has spoken to me of the possibility of one of His Majesty's ships dynamiting obstructing rocks at the landing in order to assist the people in getting the boats in and out. H.M.S. Cambrian did some blasting in 1906. The matter would require the most careful consideration in case more harm than good was the eventual result. There is always a difficulty in getting the boats off, if they are loaded with oranges, on a low tide.

      11. The health of the people appears always to have been good. The Commander of H.M.S. Icarus reported in 1901 that "disease appears to be still unknown." The Staff Surgeon of H.M.S. Algerine in 1913 reported that "there appears to be practically no disease among the people." Reports which I have read from naval officers who visited the island last century do not refer to the health of the people. It is reasonable therefore to assume that it was good, as the reports deal generally with island conditions.

      Since the return of the people from Norfolk Island there have been 122 deaths entered in the Pitcairn Island Civil Recorder. Twenty-three deaths were due to accidents and eight to old age. The accidents were mostly falls from the cliffs and drownings. They were the type of case beyond medical aid. In short, the deaths have averaged approximately one per annum for a period of eighty years. The medical history is, in fact, remarkable.

      For medical attention the islanders are dependent On the surgeons of ships which call at the island. These ships call on an average every ten days and medical aid and supplies, when requisitioned, are freely and willingly given. Pitcairn is better situated for medical assistance than most isolated communities and better off than many isolated rural settlements in populated areas. I have considered the question of the training of a Pitcairn boy at the Central Medical School, Suva, for service as a Pitcairn medical practitioner. If revenue was available it would be advisable to incur expenditure in such training for Pitcairn as for any isolated community. As, however, medical facilities are so frequently available, I am of opinion that a

properly-trained teacher is more essential to Pitcairn than a Pitcairn medical practitioner. My medical colleague, with whom I have discussed the subject at length, holds a similar view. He is suggesting the possibility of training a Pitcairn girl as a public health nurse.

      Such revenue possibilities as I can suggest would not be sufficient to meet expenditure for both educational purposes and a Pitcairn medical practitioner.

      In 1935, according to the Minutes of the Pitcairn Council, Floyd McCoy, a Pitcairn islander then in employment in New Zealand, wrote to the High Comnlissioner saying that the expense of training a Pitcairn medical practitioner could be met from the sale of oranges. The matter was discussed in the Council and the Chief Magistrate, in replying to a question as to what business it was of Floyd's to write to the High Commissioner, said

      "I don't know but he spoil the whole thing, they intended to carry it through on the marriage fee money and the sinking fund they have in Fiji, well now listen to the High Commissioner's own letter. . . . they think we have the means to raise the money to train the two youth you heard in the letter they charge £100, per year, the Council think the people will be able to raise the money?
      Council. Not the way they are situated.

(1) No trustworthy agents in New Zealand to send their oranges to.
(2) Ships calling on Sabbath Days.
(3) Weather conditions for shipping off the island.
(4) When sent away to sell just can have a few shillings left alter paying expenses."

      The Council then decided that the Chief Magistrate should write and inform the High Commissioner that the people could not raise the annual amount required.

      I have read a file on the subject in the High Commission Secretariat and I do not recollect seeing any such letter from the Chief Magistrate, though I may have overlooked it.

      I have, therefore, quoted the minutes here to show the local attitude. It is a further example of the tradition of expecting service without any expense to the community.

      I have endeavoured to find out whether the Pitcairners make use of native medicines in the manner known among native communities in the Pacific. From the information I have obtained it would seem that the practice is not prevalent locally. Paw-paw leaves are used but little else. From a cultural aspect the point is not without interest.

      My medical colleague deals in his report with the interesting, question of dental caries among the people. I have read carefully the old naval accounts on the island to trace when this loss of front teeth was first reported. The first reference I can find is in a report from Captain Dyke of H.M.S. Comus dated the 23rd November, 1897. Commander Knowling of H.M.S. Icarus, in his report of the 31st March, 1901, again

mentions this defect. It is not unreasonable to infer that the loss of teeth was not common in previous generations. Little definite information on the matter is obtainable from the islanders themselves whom I have questioned. We have had ample opportunity of observing the dietary habits of the people and the complete absence of oral hygiene. The diet is seriously deficient in fats; this, and the lack of a tooth brush, or a substitute therefor, is bound to affect the teeth of any people. Non-Pitcairners, resident for any period, who adopt the local diet are soon troubled with dental caries and a loss of teeth. This is an interesting fact in view of the theory advanced that the defect is due to inter-marriage.

      12. Immigration is now controlled by a permit system. Permits to reside are issued by the High Commissioner or the Chief Magistrate and conditions governing the issue of permits have been laid down by executive act. I have discussed the question with the Chief Magistrate-in-Council and he states that he would have no objection whatsoever to immigration being entirely controlled by the High Commissioner and that permits should only issue from the High Commission Secretariat. In Clause 88 of the draft King's Regulation I have made provision accordingly and incorporated some of the conditions at present in force. The issue of permits is left to the absolute discretion of the High Commissioner subject to such conditions as he may impose. A sub-clause permits the Chief Magistrate to permit tourists to land during the duration of a ship's stay at the island. I have not suggested any penalty on the masters of ships allowing passengers to land without a permit as, for practical purposes, they are outside the jurisdiction.

      Occasions may arise when it would be advisable, as a condition precedent to the granting of a permit, that a deposit should be lodged at the High Commission Secretariat to cover the cost of a return passage. A landing tax on persons visiting the island for commercial purposes—and I include herein the writers of novels—is worthy of consideration. This tax, if imposed, could be paid into the Pitcairn Fund to which reference will be made.

      13. I have examined the records and books kept locally. The "Pitcairn Island Civil Recorder" is an interesting record of community life since the return from Norfolk Island. It contains a copy of the laws, a list of births, marriages and deaths, wills, a list of island brands, and a record of visits of H.M. ships from 1860 until 1913 when the last call, I am informed, was made. This record, on the whole, is well kept. Of recent years entries have not been made as neatly as in the

      The Court evidence book is neat, though the notes are very difficult to understand. I have shown the Chief Magistrate how notes of evidence should be taken and have left notes for reference purpose.

      The cash-book is a simple book in which only licence fees, the few Court fines, and moneys collected on community account are entered. The Council may, for example, call for a levy for the purchase of new sails for the boats. These levies are voluntary but seem to be fully paid. It was not possible to tell from the cash-book the amount of money on hand, as in-payments and out-payments were not balanced. I asked the Secretary how he could tell how much money he should have. He said "he could tell by counting what he had in his chest it is generally only a few shillings." I showed him how his book should be kept. I noticed that there were small borrowings from the community account. I have endorsed the cash-book with a note that this practice should cease, and have explained the reason to the Chief Magistrate and the Secretary. The Secretary informed me he would only lend to people he could trust and that he seldom had even a few shillings to lend. No receipts, except an occasional slip of paper, are given for any payments either by the Chief Magistrate or the Secretary. Receipt forms could be supplied, at little expense, by the High Commission Secretariat.

      14. Reference is made at paragraph 10 (of Part I) to the local wireless. The present set is antiquated and should, if possible, be replaced. What is required is an inexpensive set which could hear ships at night when they are about three days steam away and which could transmit for a radius of about 300 miles. It is essential, for the purpose of orange export, to know approximately when a ship is in the vicinity, whether she will call, and whether she can take the fruit. I recently boarded a ship on which the islanders exported 300 cases of fruit. The Captain had not had notification, and only found space on deck. A week ago a cargo vessel was expected, and oranges were picked and cased ready. The local operator got in touch with a vessel which passed a few miles off and through this ship it was ascertained that the expected cargo ship would not call.

      I spoke at a recent public meeting about the absolute necessity for the community to have a spare battery sufficiently charged

for transmitting purposes. The cost is approximately £5 Australian. I fear that little interest was displayed when expenditure was suggested. The traditional feeling that gifts will be made re-asserts itself.

      I consider that the provision of a modern inexpensive set would be a fair charge against the Pitcairn fund referred to below. I feel the islanders will not help themselves by voluntary levy.

      The provision, by the people themselves, of a wireless set for communal listening would be a great asset, and I mentioned the matter to the Chief Magistrate. Apart from the playing of harmoniums and gramophones there is no form of leisure by day or amusement at night. It would give the people an interest if wireless programmes could be heard and be beneficial from the cultural aspect. With the rarest exception nobody reads a book.

      15. The form of government is voluntary and therefore, as I have not proposed any change in the existing system, I have had to consider only the financing of what I submit are at present the essential extra services required, viz., education and periodic visits by senior officials. The taxable resources of the people are limited in the extreme. It is difficult to arrive at an accurate estimate of the annual income of the island. The safest guide appears to be the tithe payment to which reference is made at paragraph 2 (9). Everything is tithed on Pitcairn. A tenth of the produce harvested is placed in the tithe house for sale or the money equivalent given to the mission. Produce is weighed and the value for tithe purposes displayed on a board in the tithe house. A tenth of the amounts received from sales to passengers and a tenth of the value of goods received by public barter is tithed. While some may not pay their full tithe, others pay more than their tenth. The tithe, therefore, represents fairly accurately the position.

      It should, however, be noted that the people get a certain amount of old clothing from passing ships, and the shipping companies do not charge freight on stores from England or the Panama Canal Zone. No rent or tax is paid except a 6d. gun licence.

      If the orange crop does not fail, and if prices obtained are reasonably good, I estimate the gross income, including kind, at £1,800 to £2,000 per annum. Earnings from ships vary and it is hard to find out individual earnings. Barter is carried out on more favourable terms on some ships than others, but payments in kind are considerable.

      I have been told that a ship is worth, on an average, £10 to £20 in cash. The truth is probably somewhere between these two figures.

      In 1926, when the privilege of free postage was withdrawn, the Chief Magistrate wrote to the High Commissioner in protest. He stated that the annual income of the people was £954 but that this figure might not be reached every year. This figure is interesting; the position being presumably understated.

      There are approximately sixty separate families on the island. The family system of the payment of a voluntary levy is understood.

      I would propose the establishment of a Pitcairn fund in the High Commission Secretariat to be used first for educational purposes and then for such other purposes as the High Commissioner, in the best interest of the inhabitants, deems fit. There was an old Pitcairn account. So far as I am aware it is not now in funds to any extent, if at all.

      The only direct tax I can suggest to finance the extra essential services referred to is a dwelling-house tax of one pound per annum, the head of the family to be held responsible for its payment. This should produce approximately, £60 per annum.

      To provide the additional revenue necessary I can only suggest an issue of Pitcairn stamps. I can see no other source of revenue.

      If and when the Pitcairn fund had accumulated, then the question of medical, wireless, and other services could be considered and met from the fund.

      I advert to the question of the issue of a set of stamps. This subject was referred to by Sir Cecil Rodwell in 1921 in his report on his visit to the island. The Secretary of State did not, however, consider it desirable to take action on the proposal, as a recommendation made in the report on the subject of the establishment on the island of a Government Agent was not adopted. The present postal arrangements are set out at paragraph 10 of Part I. The local postmaster has now had ten years' experience of making up mails and he is capable, therefore, of running a local post office in subordination to the High Commission. The arrangement with the New Zealand Post Office is temporary. It is difficult to estimate the revenue which would be obtained from a stamp issue, if one is approved. The chief postmaster states that he sells about £30 worth of stamps annually, keeps stocks not greater than £5, and has no record of the number of letters and parcels posted each mail. I have told him he should keep an account, but the quantum of local sales would form a small part of the revenue obtainable from the proposal. If an issue is approved, the revenue from stamps sold on passenger liners, for business and philatelic purposes, for posting locally would be considerable. The ship on which I came to the island sent over 600 letters ashore to obtain the Pitcairn postmark. The postmaster states that this was exceptional, but he cannot give me any average figures. The island

is conveniently situated half way between Panama and New Zealand and affords an opportunity of a quick return mail. Pitcairn stamps could be sold in the pursers' offices and landed on the island for return despatch by the next incoming vessel. I advocate, therefore, the issue of Pitcairn stamps of a few denominations only. It is submitted that, after taking into account the profit from sales to dealers, the revenue obtained would, together with the proposed tax on dwelling-houses, finance essential services and leave a margin. The expense of issue, if approved, could be a charge against the Pitcairn fund.

      If the proposal is approved, the question of currency arises. On the ship on which I travelled, New Zealand stamps were sold by a ship's clerk for sterling, presumably an office profit. It would not be possible to charge officially in sterling on ships and in New Zealand currency on the island. The islanders can only obtain such currency as they receive from passengers. If my view is correct, the currency of payment would be New Zealand.

      Again, if the proposal is approved, the question of the enactment of a simple postal regulation would require consideration. I have no available models and can therefore merely refer to the matter.

      It is almost impossible to frame an accurate estimate of the proceeds of stamp sales on ships. If the very low figure of 300 letters per ship on 40 ships per annum is taken, this would produce £50 per annum with a 1d. postage. Passengers would buy extra stamps for philatelic reasons if stamps of low denominations were issued. It would be necessary to have two higher denominations, say 6d. and 1s., for parcels from Pitcairn. The outward mail from the island is large considering the population. The letter rate is now 1d. I do not consider undue hardship would be caused by raising this rate to 1½d. In the alternative the rate for postage within the Empire might be left at 1d. with 2½d. for postage to foreign parts. This, however, would result in a decrease in revenue. Again, sales to dealers, if the issue is authorized, should produce at least £2,000, the interest from which would swell the suggested fund. In short, it is submitted that sales of stamps to the public and dealers would produce, if the letter-rate was fixed at 1½d., at least £150 per annum. This sum, together with £60 obtained from direct taxation, should be sufficient to subsidize a trained mission teacher for the school, pay the small expenses incurred on occasional official visits, and leave a small margin for expenditure on other services. I have allowed in my estimate for freight on mails. The shipping companies would probably not charge, and other charges would be negligible. The postmaster now receives £10 a year. This allowance should continue to be paid.

      i6. i— (1) A few comments based on observations of the general life of the community may be of interest.

      (2) The calls of merchant ships on the England-New Zealand service has had a profound influence on the life of the community. It is difficult to visualize the position if these calls ceased. Individualism has become an inevitable factor in the policy of the island and the people would find it difficult to revert to the conditions of the isolated past. The ships have meant migration, and migration breeds migration. Over 10 per cent. of the population have sought employment in New Zealand. The calls have influenced diet, and locally-grown fruits are bartered for exotic foodstuffs of doubtful nutritional value. These are among the cultural points which are forcibly brought to an observer's notice.

      There is one aspect of these calls which it is difficult to exaggerate, viz., the part played in the life of the community of the captains and pursers of British ships. They are the honorary bankers and agents of the island. They perform, in a kindly, unobtrusive way, many services, and the names of senior captains are household words among the islanders. The Merchant Marine is a strong bond between Pitcairn and England.

      (3) The last recorded visit of one of His Majesty's ships is in 1913. Between 1860 and 1913 the island was visited by 34 ships. The older generation on the island have said to me our sons have never seen one of the King's ships." I would suggest, therefore, that when Service exigencies admit, calls should be paid.

      Naval officers, under the provisions of Article 18 of the Pacific Order in Council, 1893, can exercise certain of the powers of a Deputy Commissioner, and such assistance implements the powers of the local Court should the occasion to exercise it arise.

      (4) Much has been written in official reports and accounts of Pitcairn about the degeneracy of the people, physical, mental and moral. It should, however, be clearly remembered that nearly all of those reports and accounts were written after the briefest experience of the people. The effects of inter-marriage were stressed and the theory resolutely held, or assumed, that inter-marriage will inevitably breed degeneration. There is, however, no sound basis for this theory if the original stock is sound. Again, the reports themselves are not uniform. The islanders have been defended as well as adversely criticised. I have read most of the former reports and I have looked for

the signs of degeneration to which they refer. I can, however, find no signs whatsoever of physical or mental degeneration. The physique of the people is magnificent. We have been in the boats with them, climbed cliffs with them, and watched them carrying heavy loads, with no apparent effort, over difficult country. Their physical courage and strength is remarkable. The island is well kept and there is evidence of solid work.

      Medical examination, apart from their teeth, reveals no defects. There are only three people on the island who are mentally abnormal. In short, I cannot subscribe to the view, so often expressed, that the people are physically and mentally degenerate. As to moral degeneracy, it is difficult to express an opinion. The Pitcairners have read accounts of this and it may be for this reason that they are on their guard and gave us little or no information. Neither my medical colleague nor I were given any facts on which we could draw safe conclusions. I found interesting alterations in the birth records, badly made and easy to detect, to cloak illegitimacy. These I would say from examination were not of long date and may have been induced by reading accounts to their detriment. The birth-rate has fallen. The number of men of marriageable age greatly exceeds the number of women. We heard vague reports on ships that drugs used for venereal treatment were requested from ships. No cases came forward for treatment during our visit. We heard on ships that contraceptives were obtained from ships. No direct proof was available and I doubt the prevalence of the practice. More than this I cannot report.

      On the other hand evidence of cultural degeneracy is abundant. The discipline of the family has deteriorated. Children seem to do as they like without correction. The culinary arts are of a low standard. There is no regularity about meals. The people, adults and children, are continually eating some soft foodstuffs. I have seen jam spread on cold yams and eaten on the roadside. To a Polynesian this is unbelievable. There is a strange lack of knowledge of many essentials of home culture. They have lacked a teacher, somebody to lay down a standard. Criticism should, therefore, be tempered.

      It may be asked whether the modern Pitcairner is English or Polynesian in outlook and which side predominates. This question does not admit of easy or definite reply. The public work of the community is Polynesian; the agricultural methods are Polynesian; the food is mostly Polynesian and served in Polynesian fashion though the table furnishings are English. The mental outlook is strongly coloured by their religious belief. The home is built in English fashion and the furnishings are English. Tapa cloth is now unknown. The dog is a friend of the family, and here the English tradition is clearly seen. There is no inferiority complex. The environment is strongly Polynesian. The drift will be Polynesian,

without Polynesian discipline, unless the educational system is placed on a proper footing. Those are conclusions which a residence of nearly six weeks on the island has suggested.

      I. Summarizing, it is submitted that —

      (1) The existing form of government through an elected Chief Magistrate, Council and Internal Committee suits the needs of the people and should not be altered. (Paragraphs 4 of Part I and 6 of Part II.)

      (2) A Pitcairn Code of Laws should be enacted. (Paragraph 8 of Part II, and Appendix.)

      (3) Closer contact with the High Commissioner should be maintained through periodic short visits of Fiji or Western Pacific senior officials when proceeding to or from leave. Such contact can be further maintained by visits of His Majesty's ships when service exigencies permit of such visits. (Paragraphs 7 and 16 (3) of Part II.)

      (4) The establishment of proper educational facilities is essential. As the people are all Seventh Day Adventists and liberal contributors to the Society's funds, the Conference should be approached to appoint a properly-trained teacher, part of whose salary would be met by a Government subsidy paid from the Pitcairn Fund referred to below. (Paragraphs 9 of Part I and 9 of Part II.)

      (5) An issue of Pitcairn stamps should be authorized. (Paragraphs 10 of Part I and 15 of Part II.)

      (6) A tax of £1 per annum should be levied on dwelling-houses. (Paragraph 15 of Part II.)

      (7) A Pitcairn Fund should be constituted and financed from the stamp issue and dwelling-house tax. (Paragraph 15 of Part II.)

      (8) Immigration should be controlled by a permit issued only by the High Commissioner. (Paragraph 12 of Part II.)

      (9) A wireless set should be installed when funds are available. (Paragraphs 10 of Part I and 14 of Part II.)

      (10) It is desirable that simple meteorological records be kept and that the Admiralty or Air Ministry should be moved to supply instruments. (Paragraph 2 of Part I.)

      (11) Receipt books should be supplied for the use of the Chief Magistrate and Government Secretary. (Paragraph. 13 of Part II)

      (12) The Minutes of Council Meetings should be forwarded to the High Commissioner. (Paragraph 7 of Part II)

      (13) A control for lantana should be introduced. (Paragraph 10 of Part II.)

      1. This Regulation may be cited for all purposes as The Pitcairn Island Government Regulation, 193.

      2. in this Regulation —

      3. — (1) In the last week of December in every year the inhabitants of the island shall elect, in the manner provided in Part IV of this Regulation, the following Government Officers, that is to say: —

A Chief Magistrate.
Two Assessors.
A Chairman of the internal Committee.
A Government Secretary.

      (2) A Government Officer shall remain in office from the 1st January to the 31st December of the year following the year of his election.

      (3) A retiring Government Officer shall be eligible for re-election.

      (4) A vacancy in the post of Government Officer, howsoever occurring, shall be forthwith filled by the Council hereinafter mentioned for the then unexpired portion of the current year of office.

      4 — (1) The Government of the island and the management of the affairs thereof shall, under the general direction of the High Commissioner, be administered and conducted by a Council consisting of the Chief Magistrate, two Assessors, the Chairman of the Internal Committee or the Government Secretary.

      (2) The Council shall meet in the first week of every month and at such other times as it may be summoned by the Chief Magistrate who shall fix the time of ordinary and special meetings.

      (3) Subject to the provisions of the next following sub-clause the Chief Magistrate shall preside at every meeting of the Council. He shall have an original vote and, in the case of an equal number of votes on any question before the Council, a second or casting vote.

      (4) During the illness or absence of the Chief Magistrate the Assessor who received the greatest number of votes at the Election shall preside.

      (5) Any four members of the Council, including the presiding member, shall form a quorum for the transaction of business.

      (6) Every question before the Council shall be decided by the majority of the votes of members present.

      (7) The Council shall have power to adjourn its sittings from time to time.

      (8) No act or proceeding of the Council shall be questioned on account of any vacancy in its body.

      5. It shall be the general duty of the Council to provide for the enforcement of the provisions of this Regulation and any other law or regulation relating to the peace, order and good government of the island.

      6. — (1) It shall be lawful for the Council to make and, when made, add to, alter, or revoke regulations relating to all or any of the following matters, that is to say —

(1) the keeping clean of the town and any settlements on the island;
(2) the removal and disposal of rubbish;
(3) the provision for and the cleanliness of latrines;
(4) the enforcement of drainage, the cleaning of the houses and the removal or discontinuance of any nuisance;
(5) the making and maintenance of the roads on the island;
(6) the water supply and the household tanks;
(7) the care and maintenance of cemeteries and the area or place where burials may take place;
(8) the public work of the people;
(9) the public trading with ships;
(10) the building, manning and general management of the public boats; (11) the island prison;
(12) the public school;
(13) the branding of cattle and poultry;
(14) Any other matter relating to the good government, welfare and prosperity of the people.

      (2) Such regulations shall be forwarded to the High Commissioner for his approval and upon his approval being publicly notified they shall come into force. Provided that the High Commissioner may, by order to be notified in like manner, revoke or amend any regulation.

      (3) Any person refusing or neglecting to comply with the provisions of a regulation which has been approved by the High Commissioner and publicly notified shall be liable to a fine not exceeding five pounds.

      (4) Every proceeding against a person for the contravention of any such regulations shall unless the regulation provides otherwise be taken at the instance of a constable or an officer of the Court appointed by the Council.

      7. — (1) The Internal Committee shall consist of the Chairman, who shall preside, and two members appointed by the Council.

      (2) It shall be the general duty of the Committee to assist the Council in the enforcement of all laws and regulations and to perform such other duties as the Council may direct.

      (3) The Committee shall meet in the last week of every month on a day to be fixed by the Chairman. Minutes of proceedings and a report on the work done during the month shall be entered in a book which shall be submitted monthly to the Chief Magistrate.

      8. — (a) The Chief Magistrate, in addition to the duties imposed on him in Part II of this Regulation, shall preside over the Island Court. He is the chief executive official and shall discharge any duties which may from time to time be assigned to him by the High Commissioner.

      (b) The Assessors shall sit in Court with the Chief Magistrate and perform such duties as are prescribed in this or any other Regulation.

      (c) The Government Secretary, in addition to the duties imposed on him by this Regulation, shall be the Clerk of Council and the Committee and shall record the Minutes of Proceedings. He shall keep the Court Record. He will act as Government Treasurer and keep the public cash-book. He will prepare half-yearly a return of all Court cases and a copy of the Minutes of Council for transmission through the Chief Magistrate to the High Commissioner. He will discharge such other duties as the Chief Magistrate may from time to time direct.

      9. Every native-born inhabitant of the Island and every other person who has resided on the Island for a period of three years shall be qualified to vote provided that he has attained the age of eighteen years.

      10. No person other than a native-born inhabitant of the Island shall be eligible for election as Chief Magistrate or Assessor.

      II. — (1) The Government Secretary shall between the 10th and the 15th of December of every year prepare a Register of all persons qualified to vote. The Register shall be signed by the Chief Magistrate and committed to the care of the Government Secretary.

      (2) The Register so prepared shall be called the Register of Voters and no person shall be entitled to vote whose name is not upon the Register.

      12. — (1) Candidates for the posts of Government officers shall be nominated at a public meeting of persons qualified to vote which shall be convened and presided over by the Chief Magistrate at least seven days before the day of the Election.

      (2) Only males may be nominated as candidates.

      (3) The names of the nominated candidates shall be publicly notified at least four days before the day of the Election.

      13. — (1) In the last week of December every year on a day and at a place and an hour of which two days public notice shall be given the persons desirous of voting at the Election shall repair to the place so notified for the holding thereof and there tender in writing to the Recorder, who shall be appointed by the Council, the names of the candidates for whom they desire to vote.

      (2) The Recorder shall be provided with a book in which he shall, before the Election is held, enter, each in a separate column, the names of the candidates for election and the particular post for which each has been nominated and upon a vote being tendered to him he shall forthwith record the same in the sight of the person who tenders it.

      (3) The Recorder shall not receive a vote tendered by a person in the name of another person.

      (4) At nine of the clock in the forenoon of the day of the Elections or so soon as possible after the close of the Election the votes then given shall be counted by the Recorder and the names of the successful candidates by him published in the Court House.

      (5) All Government officers for the year shall be elected at one and the same election.

      14. — (1) The Island Court shall consist of the Chief Magistrate and two Assessors.

      (2) In criminal cases punishable by imprisonment for a term not exceeding one week or by a fine not exceeding two pounds and in civil cases where the suit relates to money, goods or other property of a less amount or value than two pounds the Chief Magistrate may hear and determine the case without the Assessors. In all other cases, criminal and civil, within the jurisdiction of the Court, the Chief Magistrate shall sit with Assessors.

     .(3) In all cases where the Chief Magistrate sits with Assessors the decision of the Court shall be given in accordance with the votes of the Assessors. In the event of the Assessors differing the Chief Magistrate will decide alone.

      (4) In all criminal cases the punishment to be awarded will be decided by the Chief Magistrate alone.

      15. Subject to the provisions of the Regulation the Court shall have jurisdiction —

(1) to try and to convict all persons charged with committing offences;
(2) to make orders for the payment of any sum of money by this or any Regulation declared to be recoverable before the Court;
(3) to make orders for the doing or abstaining from doing any act prescribed to be done or not to be done by this or any Regulation where the Regulation prescribes no punishment for doing or not doing the act or provides that the Court may make an order but does not prescribe that the order is to be enforced by fine or imprisonment;
(4) to bind over persons to be of good behaviour;
(5) in any case in which the Court is empowered to order the payment of a fine only to enforce the payment by imprisonment as is in this Regulation provided;

(6) to exercise such other powers and do such other acts not before mentioned as may be prescribed by this or any other Regulation. Provided that the jurisdiction of the Court shall be limited in criminal matters to the trial of offences punishable by a fine not exceeding ten pounds or imprisonment not exceeding a term of three months and the enforcement of orders the disobedience of which is punishable as aforesaid and in civil matters to the hearing and determination of suits relating to money goods or other property of a value not exceeding five pounds.

      16. All cases, civil and criminal not within the jurisdiction of the Court, shall be heard and determined by the High Commissioner's Court in accordance with the provisions of the Pacific Order in Council, 1893.

      17. The Court shall sit at eight of the clock in the forenoon on the Monday of the second and fourth week of every month and at such other times as the Chief Magistrate may direct.

      18. The room in which the Court sits shall be open to the public.

      19. In all cases in which a charge is made before the Court: —

(1) that any person has committed or is suspected of having committed any offence within the jurisdiction of the Court;
(2) that any person has done, or has not done, any act for doing or not doing which he is liable to. have an order made against him by the Court for the payment of any fine or for the doing or not doing any act;

the Chief Magistrate may issue a summons directed to that person.

      20. The Chief Magistrate may require the charge to be put in writing when it shall be in Form 1 in the Schedule hereto.

      21. Every charge shall be for one offence only, but it shall be lawful for the prosecutor to lay one or more charges against the same person at the same time.

      22. Every summons shall be in Form 2 in the Schedule hereto and shall be served by a Constable or by the person to whom the same may be delivered by the Chief Magistrate for service upon the person to whom it is directed by delivering it to him personally, or, if he cannot be conveniently found, by leaving it with some person for him at his house.

      23. The person who serves the summons shall attend before the Court at the time and place mentioned therein to swear, if necessary, to the service thereof.

      24. If the person served with a summons does not appear at the time and place mentioned in the summons and it be made to appear to the Court on oath that the summons was duly served within a reasonable

time before the time for his appearance the Chief Magistrate, after taking such evidence on oath to substantiate the matter of the charge as he shall consider necessary, may issue a warrant in Form 3 in the Schedule hereto to apprehend the person so summoned.

      25. — (1) In all cases where a charge is made the Chief Magistrate, if he thinks it expedient that a warrant be issued instead of a summons, shall cause the charge to be written down and verified by the oath of the person making the charge and may issue a warrant in Form 3 in the Schedule hereto to apprehend the person charged.

      26. — (1) Where a person has been apprehended under a warrant he shall be brought before the Chief Magistrate and thereupon either by Warrant in Form 4 in the Schedule hereto committed to prison or to such other safe custody as may be thought fit and the Chief Magistrate may order him to be brought up at a certain time and placed before the Court and shall give notice of the order to the person laying the charge. No committal under this section shall exceed two days.

      (2) If the person making the charge is present in Court when the person charged is brought before the Court the Court may proceed to hear the case forthwith if the person charged consents.

      27 Where the Chief Magistrate is satisfied by evidence on oath that there is reasonable cause to believe that any property which is alleged to have been stolen is in any place the Chief Magistrate may grant a warrant in Form 5 in the Schedule hereto to search for the property and if the same or any part is found to bring the same and the owner or occupier of the place where the property is found before him.

      28. — (1) If it shall be made to appear to the Chief Magistrate that any person is likely to give evidence which the Court thinks should be given in any matter and will not voluntarily appear for the purpose of giving evidence the Chief Magistrate shall issue a summons in Form 6 in the Schedule hereto to that person requiring his attendance.

      (2) If the Chief Magistrate is satisfied by evidence on oath that the person aforesaid will not attend unless compelled to do so the Chief Magistrate may issue a warrant in Form 7 of the Schedule hereto instead of a summons.

      (3) If a witness refuses to be examined on oath or refuses to take the oath or having taken the oath, refuses without just cause to answer any lawful question put the Chief Magistrate may by warrant in Form 8 in the Schedule hereto commit that person to prison for any period not exceeding ten days, unless in the meantime such person consents to be examined on oath and to answer the question.

      29. Every charge shall be made within six months from the time the offence was committed unless the Regulation relating to the particular case prescribes a longer period within which the charge may be made.

      30. If at the time and place of hearing mentioned in a summons the person charged does not appear and it be proved on oath that the summons was duly served a sufficient time before the time appointed for appearance and if the Chief Magistrate does not think it expedient to issue a warrant of apprehension the Court may proceed to hear and determine the case wthout his appearance.

      31. If at the time and place appointed the person charged is present and the person making the charge, having had due notice, does not appear the Court shall dismiss the charge or adjourn the hearing as to it shall seem fit.

      32. If at the time and place appointed for any adjourned hearing either of the parties does not appear the Court may proceed with the hearing as if the party was present. If neither of the parties appears the Court may dismiss the case.

      33. — (1) If both parties appear the Court shall state the substance of the charge to the person charged and shall hear the prosecutor and such evidence as he may adduce and shall also hear such evidence as the person charged shall adduce in his defence.

      (2) Evidence shall be given on oath but the person charged shall not be compelled to give his own evidence on oath unless he elects so to do.

      (3) The Court shall then consider the whole matter and determine the same.

      34. A Warrant of Commitment shall be drawn up in accordance with one or other of the Forms 9 or 10 in the Schedule hereto, or as near thereto as circumstances will permit, and shall be signed by the Chief Magistrate.

      35. In all cases where the Court has jurisdiction by this or any other Regulation to inflict imprisonment the Chief Magistrate may order the imprisonment to be with or without hard labour.

      36. — (1) No child convicted of an offence shall be liable to be imprisoned or to pay a fine exceeding ten shillings.

      (2) Where a child is ordered to pay a fine the payment thereof shall be enforced against the parent or guardian of the child.

      (3) When a child is convicted of an offence the Chief Magistrate, if he thinks it inexpedient to inflict any punishment, may discharge the accused or if the accused is a male he may order him to be privately whipped with not more than twelve strokes of a cane in his presence and, if he desires to be present, in the presence of the parent or guardian of the child.

      (4) No corporal punishment shall be inflicted on a child except as provided by this or any other Regulation.

      37. Where the person charged is sentenced to imprisonment and he is then undergoing imprisonment for any other offence the Chief Magistrate may order that the imprisonment for the subsequent offence shall commence at the expiration of the period of imprisonment to which he was

previously sentenced. If no such order is made the sentence for the subsequent offence shall run from the date of the sentence.

      38. No Warrant of Commitment shall be held void by reason of any statement or want of statement therein, provided it be therein stated that the party has been convicted and there be a lawful conviction to sustain it.

      39. When a person by a conviction is adjudged to pay a sum of money the Chief Magistrate may —

(1) order imprisonment unless the sum be paid forthwith; or
(2) allow time for the payment of the said sum; or
(3) direct payment of the said sum by instalments and order imprisonment in default of payment of any instalment; or
(4) direct him to work on the public roads or other public service for a period of eight hours a day from the day following the date of conviction, crediting him at the rate of two shillings and six pence a day for such work, until the full amount of the sum adjudged is thereby paid: Provided that no work shall be done on the Sabbath day, and provided further that he may be allowed to attend to his plantation one day every week during the period of his imprisonment; or
(5) accept payment of the fine in goods useful for public services, such as oars or sail cloth for the boats, at an amount to be assessed by the Chief Magistrate; Provided that where the amount assessed is less than the amount adjudged to be paid on conviction the Chief Magistrate may make such order under this section in respect of the amount still due as he may think fit.

      40. The period of imprisonment which may be imposed by the Chief Magistrate under this or any other Regulation in respect of the nonpayment of any sum of money adjudged to be paid or in respect of the default of payment of any instalment of that sum or in respect of any portion of that sum which remains unpaid when a part of the sum adjudged is paid by goods as in the last preceding section —

      41. Civil proceedings are taken by action. To commence an action. the plaintiff may apply to the Chief Magistrate for a summons in Form 11 in the Schedule hereto, and the particulars of the claim and the order sought to be obtained shall be set out in the summons. The summons shall be filed by the Chief Magistrate, and a copy, certified in the manner appearing in Form 11, shall be issued by him for service on the defendant.

      42. The copy of the summons shall be served personally on the defendant by the plaintiff or by an officer of the Court appointed by the Chief Magistrate.

      43. No action shall be heard where the ground of action arose more than two years before the date of the issue of the summons unless the person against whom the claim is made has, within the two years, either verbally or in writing promised the party making the claim to pay the same.

      44. It shall be lawful for either party to an action to obtain from the Chief Magistrate a summons to a witness to give evidence at the hearing in Form 12 in the Schedule hereto, and the Chief Magistrate shall issue the same upon request.

      45. — (1) Upon the hearing of the summons the Court unless the defendant admits the claim shall first hear the evidence on oath of the plaintiff and his witnesses, and then the evidence on oath of the defendant and his witnesses, and after that give judgment by making such order as the nature of the case may require.

      (2) Each party may question a witness of the other party after that witness has given evidence.

      46. The Chief Magistrate may at any time, and whether either or both of the parties be present or not, adjourn the hearing of a case.

      47. The Court shall in all actions take notes of the evidence given.

      48. The Court, if a plaintiff succeeds in an action, may in its judgment order the fees paid by him to be repaid to him by the defendant.

      49. If a plaintiff shall not appear on the day named in the summons for the hearing thereof the Chief Magistrate may dismiss the case.

      50. If a defendant shall not appear on the day named in the summons the Court may upon proof on oath that the summons has been served and upon the plaintiff proving to the Court's satisfaction the claim sought to be enforced, make such order as the nature of the case may require.

      51. Upon a judgment of the Court for the payment of money the Court may —

(i) order the sum to be paid forthwith and in default that the defendant be imprisoned.

      (2) order the sum to be paid by instalments and in default of the payment of any instalment that the defendant be imprisoned.

      Provided that any imprisonment ordered shall be on the scale given in section 40 of the Regulation and provided further that no imprisonment be ordered unless the Chief Magistrate is satisfied at the time of ordering that the defendant is able to pay the sum and will not do so.

      (2) No fee shall be charged for the hearing and determination of any charge brought by any constable or any officer in the discharge of his duty.

      53.—(I) Any person may summon another to show cause why he should not be bound over in recognisance to be of good behaviour towards the complainant and the Court may make an order in Form x3 in the Schedule hereto adjudging the person charged to enter into a recognisance and find sureties in that behalf and the person making the charge and the person charged and witnesses may be called and examined.

      (2) A recognisance shall be in Form 14 in the schedule hereto.

      54. The Court may order the person charged in default of complying with the order in the last preceding section mentioned to be imprisoned for a period not exceeding six weeks.

      55. When a recognisance has been entered into before the Court, the Court, upon proof that the condition thereof has not been observed, may adjudge the person bound thereby to pay the sum for which he is bound and the payment may be enforced in the same manner as a fine.

      56. Unless a Regulation provides that proceedings for offences prescribed in Part VII hereof shall be taken by any other person those proceedings shall be taken by a constable or by any person appointed by the Chief Magistrate.

      57. All fees of Court and fines shall be accounted for and paid over by the Chief Magistrate to the High Commissioner and shall be credited to the Pitcairn Island Fund.

      58. — (1) A witness before giving evidence shall take an oath which shall be administered by the Chief Magistrate. The witness shall take the Bible in his uplifted hand and swear as follows —

"      I swear that I will speak the truth, the whole truth, and nothing but the truth. So help me God."

      (2) The Chief Magistrate, if satisfied in the case of an intended witness, that the taking of an oath would not bind his conscience or that he objects to be sworn on the ground that he has no religious belief or that

the taking of an oath is contrary to his religious principles, may permit him, instead of taking an oath, to make a solemn declaration and affirmation that he will, in giving evidence, speak the truth, the whole truth, and nothing but the truth.

      59. The evidence of a child may be accepted provided that such child appears sufficiently to understand the nature of an oath.

      60. Any person who makes use of any abusive, indecent or threatening language in any place to the annoyance of anyone or by reason whereof an assault may be committed or any person may fear that an assault may be committed shall be liable to a fine not exceeding one pound or to be imprisoned for any period not exceeding fourteen days.

      (2) If any person enters the room where the Court is sitting with arms on his person he shall be liable to a fine not exceeding two pounds or to be imprisoned for any period not exceeding one month.

      67. — (1) Any person who commits theft of any property not exceeding, in the opinion of the Court, the value of five pounds or who receives property of the value aforesaid well knowing the same to have been stolen shall be liable to a fine not exceeding ten pounds or to imprisonment for any period not exceeding three months, and the Court shall upon conviction order the stolen goods to be restored to the owner thereof.

      68. Any person who finds any property which does not belong to him and fails to restore the same to the owner thereof or, if the owner is unknown to him, fails to report the same to the Chief Magistrate shall be liable to a fine not exceeding two pounds, and shall in addition be ordered to restore the property to the owner.

      69. — (1) Any man who upon complaint of the husband or any woman who upon complaint of the wife is found guilty of adultery with the wife of the husband aforesaid or the husband of the wife aforesaid shall be liable to a fine not exceeding five pounds.

      (2) Any husband who upon complaint of his wife or any wife who upon complaint of her husband is found guilty of adultery shall be liable to a fine not exceeding five pounds.

      70. It shall be unlawful for a man and woman to live together as man and wife unless legally married, and any person convicted of such an offence shall be liable to a fine not exceeding five pounds.

      71. — (1) Any person who negligently causes a fire shall when no property is destroyed be liable to a fine not exceeding two pounds or to be imprisoned for any period not exceeding one month.

      (2) Any person who negligently causes a fire whereby any property is destroyed shall be liable to a fine not exceeding ten pounds or to be Imprisoned for any period not exceeding three months. The Court shall have power to order that the whole or part of the fine shall be paid to the owner or owners of the property destroyed provided that the compensation payable under such order shall be apportioned by the Court at its discretion, and provided that no owner shall receive compensation of a greater amount than the value of the property destroyed.

      (3) Any person who causes a fire within five yards of the boundaries of any land or lands without the permission of the owner or owners thereof or who leaves the fire after such permission is obtained before it is extinguished shall be liable to the penalty prescribed in the last preceding subsection and the Court shall have power to award compensation as therein prescribed.

      72. It shall be unlawful for a child to light a fire on any land except under the supervision of an adult. Any child offending against this Regulation shall be liable to a fine not exceeding ten shillings.

      72. Any person who unlawfully and maliciously commits any damage to any property the value of which in the opinion of the Court does not exceed five pounds shall be liable to a fine not exceeding two pounds or to be imprisoned for any period not exceeding one month and the Court may order the offender to make compensation for the damage.

      73. Any person who persists in coming or remaining on any plantation garden land or house after being warned not to come thereon or to depart therefrom shall be liable to a fine not exceeding one pound or to be imprisoned for any period not exceeding fourteen days.

      74. Any person who discharges any filth or foul water or bathes in or washes his clothes in or otherwise defiles or pollutes any water used for drinking shall be liable for a first offence to a fine not exceeding two pounds and for any subsequent offence to be imprisoned for any period not exceeding two months.

      75. No person shall

(1) during the months of August to January, both inclusive, kill take or in any way molest the Noddy or take any Noddy's eggs;
(2) during the months of August to December, both inclusive, kill take or in any way molest the bird known on the Island as the "white bird" or take any "white bird's" eggs.

Any person offending against the provisions of this clause shall be liable to a fine npt exceeding two pounds.

      76. — (1) When a female gives birth to an illegitimate child it shall be lawful for the Court on complaint being made within twelve months of the birth of the child either by the female herself or, if she is a minor, by the father, mother or guardian to order the father of the child to pay a sum not exceeding two shillings per week to the mother or other person having custody of the child for the support of the child.

      (2) No order for maintenance shall be valid after the child is fourteen years old.

      (3) The mother or any person having custody of the child who shall misapply money paid by the father for the support of the child or abuse neglect or maltreat such child shall be liable on conviction to a fine not exceeding two pounds.

      77. — (1) It shall be unlawful for any person to be in possession of a gun unless he has obtained a licence from the Chief Magistrate. The licence fee shall be six pence for one year and the licence shall not be transferable.

      (2) No licence may be issued to a child.

      (3) Any person found in possession of a gun for which a licence has not been paid shall be liable on conviction to a fine not exceeding two pounds.

      78. Any person who discharges a gun carelessly or within the precincts of the town shall be liable to a fine not exceeding one pound: Provided that poultry may be shot with a shot gun within the precincts aforesaid.

      It shall be lawful to shoot goats outside the following boundaries only, namely — from the bend of the ridge at White Cow pen inland towards Outer Valley thence following the same line to William's Block thence across the head of McCoy's Valley and Taro ground and thence along the ridge to the head of Paavala Valley, Itie and Nobbs's Cocoanuts. Any person who offends against the provisions of this clause shall be liable to a fine not exceeding two pounds.

      80. — (1) It shall be an offence for any family to keep more than four breeding nannies. The head of any family which offends against the provisions of this regulation shall be summoned before the Court and the Court may make such order as it deems fit in respect of the number exceeding four.

      (2) It shall be unlawful for any person to keep a goat suffering from "big bubby" and any goat so suffering shall be destroyed by the owner thereof. Any person guilty of an offence against this clause shall be liable to a fine not exceeding one pound and the Court shall in addition order that the goat be destroyed in such manner as the Court may direct.

      (z) The Court may direct that any dog, the owner of which has been twice ordered to pay damages, shall be destroyed in such manner as the Court shall deem. fit.

      (3) The Court may direct that any dog which bites any person shall be destroyed in such manner as the Court shall deem fit.
Brands.

      81. — (1) Goats and poultry shall be branded or marked by the owners thereof in the manner prescribed by the Chief Magistrate, who shall keep a record of the brands or marks allotted in the public records of the island. Goats shall be branded on the ears and poultry marked on the feet.

      (2) Any person failing to comply, with the provisions of this clause shall be liable to a fine not exceeding one pound.

      83. If fowls or goats do damage to crops on any land the owner thereof shall request the owner of the fowls or goats to remove them from such land, and if this request is not complied with forthwith the owner of the land may shoot the fowls or goats and retain the carcases for his own use, and may also sue for damage caused to his crops.

      84. Any person who shall plant crops or erect buildings within one yard of the boundaries of his land without the written consent the owner or owners of the adjoining land or lands shall be liable to a fine not exceeding two pounds, and the Court may in addition order such crops to be dug up and such buildings to be pulled down.

      85. Any person who shall be guilty of cruelty to any animal or bird shall be liable to a fine not exceeding five pounds and to be imprisoned for any period not exceeding two months.

      86. — (1) Any native of the island who imports intoxicating liquor, except for medicinal purposes with the written consent of the Chief Magistrate, shall be liable to a fine of ten pounds, and the liquor aforesaid shall be confiscated and destroyed in such manner as the Court deems fit.

      (2) Any visitor to the island may, with the written consent of the Chief Magistrate, import intoxicating liquor for his personal use.

      (3) Any visitor to the island who sells or disposes in any way or supplies liquor to any native of the island shall be liable to a fine of ten pounds.

      (4) Any person who makes or attempts to make any intoxicating liquor shall be liable to a fine of ten pounds, and all implements and materials used by him in making or attempting to make such liquor shall be destroyed in such manner as the Court may direct.

      87. Any person who imports drugs of any kind without the written consent of the Chief Magistrate shall be liable to a fine not exceeding live pounds, and if the drugs aforesaid are not simple medicinal remedies the Court shall order that they be confiscated and destroyed in such manner as the Court shall deem fit.

      88 Any person who boards a ship before he has ascertained that no sickness of any kind exists on board shall be liable to a fine not exceeding five pounds.

      89. — (1) No person. shall land on the island unless he is in possession of a permit from the High Commissioner. Applicants for a permit shall submit with their application —

(x) A medical certificate of freedom from communicable disease or sickness for every person in respect of whom the permit is applied for signed by a Government Medical Officer;
(2) A reference as to character signed by two Ministers of Religion or doctors or barristers or other prominent persons in the district in which the applicant resides;
(3) A statem;
(4) An undertaking to leave the island by the first available opportunity after the date of the expiration of the permit, if granted;
(5) A statements of means.

      (2) The High Commissioner may at his absolute discretion grant a permit subject to such conditions as he may impose.

      (3) Any person landing on the island without a permit shall be liable to a fine of ten pounds.

      (4) Nothing in this section contained shall apply to the officers, passengers and crew of a ship calling at the island who, with the permission of the Chief Magistrate, land on the island for the duration only of the ship's stay; provided that the Chief Magistrate shall not grant such permission until he is satisfied that the ship is free from communicable disease or sickness.

      (2) It shall be unlawful to import, without a permit issued by the High Commissioner, any animal or bird: Provided that this prohibition shall not apply to domestic animals, such as cattle, sheep or goats or to fowls, ducks or turkeys if accompanied by a certificate of freedom from disease issued by the authority duly empowered to issue such certificates in the country of export.

      (3) Any person offending against the provisions of this clause shall be liable to a fine not exceeding live pounds, and the Court shall further order that the prohibited plant or animal or bird shall be forthwith destroyed in such manner as the Court may direct.

      91. — (1) All males between the ages of sixteen and sixty years shall perform public work without remuneration when called upon by the Committee.

      (2) All persons called upon shall assemble at the Court House within fifteen minutes after the bell has rung three times provided that arty person unable to attend on account of sickness or any other cause shall send written notice to the Chairman of the Committee

      (3) Any person who fails to comply with the provisions of this clause or who negligently or carelessly performs public work and any person who in any way interferes with persons performing public work or hinders them in the performance thereof shall be liable to a fine not exceeding two pounds.
Public Tools, use of.

      92. — (1) Any person who, with the consent of the Committee, uses public tools shall return such tools to the place appointed by the Committee. Any person who offends against the provisions of this clause shall be liable to a fine not exceeding ten shillings, and the Court may in addition order him to pay compensation for any tools lost, damaged or destroyed

      93. — (1) Any person throwing rubbish on any of the public roads shall be liable to a fine not exceeding ten shillings.

      (2) Any person splitting firewood on any part of the public road shall sweep that part of the road clean when such firewood is split. Any person offending against the provisions of this sub-clause shall be liable to a fine not exceeding ten shillings.

      94. — (1) The boats, the boathouses and the public trading shall be under the control of the Committee.

      (2) The boats shall be manned by males of the island between the ages of sixteen and sixty years when called upon by the Committee.

      (3) All persons called upon shall assemble at the landing place within fifteen minutes after the bell has rung five times, and any person failing without lawful excuse so to do shall be guilty of an offence.

      (4) The Committee may call upon any male of the ages aforesaid to act as public trader on ships calling at the island, and any person failing without lawful excuse so to act shall be guilty of an offence.

      (5) Public trade shall be given preference over private trade in trading with ships.

      (6) Goods obtained from ships in exchange for goods supplied by the community for the purpose of public trade may be retained, if required, by the Committee for the use of the public service

      (7) The Committee may issue instructions to prohibit any woman embarking on a boat. The Captain of a boat shall carry out such instructions, and any woman embarking or attempting to embark contrary to such instructions shall be guilty of an offence

      (8) The Captain of a boat may refuse to permit any person embarking on a boat if, in his opinion, the state of the weather or the condition of the boat renders it necessary so to do. Any person embarking or attempting to embark against the orders of the Captain shall be guilty of an offence.

      (9) Cargo from a boat shall be discharged by the crew under the direction of the coxswain.

      (10) No member of the crew who has been left in charge of a boat shall leave such boat without the sanction of the coxswain.

      (11) The Committee may call upon all males between the ages of sixteen and sixty years to assist in the repairing or the alteration of a boat. Any person who, without lawful excuse, fails so to do shall be guilty of an offence.

      (12) Any person guilty of an offence against the provisions of this clause shall be liable to a fine not exceeding two pounds.

      95. — (1) Every child between the age of six and sixteen, years shall attend the public school of the island.

      (2) The public school shall be under the control of the Council.

      (3) Any parent or guardian who without just cause refuses or neglects to keep his child in regular attendance at the school shall be liable to a fine not exceeding two pounds.

      96. In the event of the death of a person under suspicious circumstances the Court shall hold an enquiry, and shall have all the powers in this Regulation provided for summoning and compelling the attendance of witnesses.

      /97. Any person being a Government Officer or constable who by any force, confinement, ill-treatment or threat thereof, or by any other means which in the opinion of the Court is oppressive or likely to put another in any fear, or who by any promise or favour or benefit endeavours to obtain from any person suspected of having committed any offence that person's confession of guilt or statement of any kind relative to the matter whereof he is suspected shall be liable to be imprisoned for any period not exceeding two months.

      98. Every person who aids, abets, advises or causes another to commit any offence shall be liable to be proceeded against and convicted for the same either with the principal offender or before or after that offender's conviction, and shall also be liable on conviction to the same penalties and punishments and to make the same payments as those to which the principal offender would be liable.

      99. — (1) In the month of January in every year on a day or days to be publicly notified the Chief Magistrate shall call upon all persons he may deem necessary, and with them he shall visit and inspect all landmarks on the island and direct that any marks missing shall be forthwith replaced in such manner as he may direct.

      (2) Any person who fails to accompany the Chief Magistrate when called upon to do so, or who fails to replace a missing landmark, or who removes an existing landmark shall be liable to a fine not exceeding five pounds.

(Signature of Chief Magistrate.)     

      To
      (Name of person charged.)
      Statement (on oath) has this day been made by
                                                                              (name of person making charge
that you on the day of 19

(Signature of Chief Magistrate.)     

      Bring before this Court to
                                                  (name of defendant)
answer to a charge laid against him by
                                                                (name of person making the charge)
that he the said
                                                      (name of defendant)

on the day of 19


(here state the offence).

(Signature of Chief Magistrate.)     

      Witness my hand this day of 19

(Signature of Chief Magistrate.)     

(Signature of Chief Magistrate.)     

      Dated this day of 19

(Signature of Chief Magistrate.)     

(Signature of Chief Magistrate.)     

      You the said Constable take
                                                              (name of person committed)
safely to the said Prison and there deliver him to the Officer in charge thereof together with this warrant and you the said officer receive him and keep him for days unless he in the meantime consents to be examined and to answer in the matter of a charge by
        against
(name of person making the charge)                (name of person charged).

      As witness my hand this day of 19

(Signature of Chief Magistrate.)     

      To the Constable of the Court and to the Officer in charge of the Island Prison.

      As witness my hand this day of 19

(Signature of Chief Magistrate.)     

      To the Constable of the Court and to the Officer in charge of the Island Prison.
      was on the
      (here state name of person fined)

day of 19 ordered to pay the sum
of forthwith (on the day of 19 (or by instalments on the day of 19 and the day of 19 and in default of payment of any
instalment to be imprisoned for )
has not paid the said
            (here state name of person fined)

sum (or the time appointed for the payment of the said sum has expired).
(Or has failed to pay
                                    (name of person fined)

the instalment of the said sum and on the day of
19

      Do you the said Constable take the said
                                                                        (name of person fined)

safely to the said Prison and there deliver him to the Officer in charge thereof who is hereby directed to imprison him (and keep him to hard labour) for unless the said sum (or unless the instalments of the said sum) shall be sooner paid.

      As witness my hand this day of 19

(Signature of Chief Magistrate.)     

(Signature of Chief Magistrate.)     

      The day of 19

(Signature of Chief Magistrate.)     

      Dated this day of 19

(Signature of Chief Magistrate.)     

(Signature of Chief Magistrate.)     

      We the undersigned severally acknowledge to owe to our (my) sovereign lord the King the several sums following: —

as principle the sum of and
as sureties the sum of

the payment whereof shall be enforced in the same manner as a fine if the said fail in the conditions hereon endorsed.

(Signature of Chief Magistrate.)     

(name of person bound)

above named shall be of good behaviour to His Majesty and all his subjects and especially towards
                                          (name of person complaining)                 

for the space of months now ensuing then this recognisance
shall be void, but otherwise shall remain in full force.

J. S. Neill and Duncan Cook.
      Pitcairn Island: General Administrative Report by J. S. Neill; Medical Report by Duncan Cook.
"Based on Enquiries Made During 39 Days Residence on the Island Between the 15th May and the 23rd June, 1937."
Great Britain. Colonial Office. 1938
(Colonial No. 155.)
(also as:
Document no. 188. June 1937. "Pitcairn Island General Administrative Report, J. S. Neill(Medical Report by Duncan Cook M.D. omitted)". Pages 2083 to 2133.)
79 pages

Pitcairn's Island  Contents  Notes  Source  Whalesite