Pitcairn's Island  Notes  Source  Whalesite

1904 Laws and later additions, from
Pitcairn Island Civil Recorder (pp. 80-96)
(May 19, 1904 - March 15, 1915)

      Meaning To examine with care for correction

      The chief magistrate (who must not be a church officer) as the representative of the people will be elected by them annually.

      He will be the chief official authority on the island and as such, will take general cognizance {knowledge/judicial notice} of the affairs of the island in the manner herein provided for. He will preside over and be assisted by a council composed of two assessors and the chairman of the committee for dealing with the Internal and external affairs of the Island hereinafter mentioned. This council, presided over by the chief Magistrate, will deal with, and decide upon any questions or any differences of opinion that may arise in connection with, or between, the committee above- mentioned, or in any other matters affecting the well-being or the welfare of the community.

      Should it at any time be necessary, this council is authorized through the Chief Magistrate to submit to the Deputy Commissioner, for the consideration of His Majesty's High Commissioner for the Western Pacific, any suggestions or questions affecting the local laws or regulations — either in regard to their amendment, their execution, their extension or otherwise; but no such suggestions or amendments can be carried into effect pending the written authority of the Deputy Commissioner.

      A committee composed of a chairman elected annually by the people and of two members elected

annually by the Magistrate in council, will be charged with the Internal (and External) affairs of the Island — such as cultivation, branding and care of animals, poultry and matters of a like nature. This Committee is empowered to draw up local regulations for the furtherance of their duties which will become law on being approved and promulgated by the Chief Magistrate in Council.

      The deliberations of this committee will be entered into a book kept by the Government Secretary which must be submitted to the Chief Magistrate once a month for his approval and signature.

      A similar committee appointed and composed in the manner mentioned in the preceding paragraph will be charged with the External affairs of the Island, (such as the disposal and shipment of produce, the working of vessels owned by the Islanders etc. etc.) This committee will deliberate {weigh in the mind} on the question of produce suitable for export, the rearing of pigs and other animals for commercial purposes etc. and will submit its views for the consideration of the officers charged with the Internal affairs of the Island. The proceedings of this committee will be entered into a book kept by the Government Secretary which must be submitted to the Chief Magistrate once a month for his approval and signature.

      A capable Government Secretary must be elected annually by the people. This officer will keep a record of all cases tried in the Local Court of Justice. He will see that proper minutes of deliberations {act of weighing in the mind} of the Chief Magistrate in Council are kept. He will also record the proceedings of the Committees charged with the Internal and Extcrnal affairs of the Island and submit them from time to time to the Chief Magistrate as provided for. He will undertake the official correspondence of the Chief Magistrate and see that copies of the same are kept and properly filed in the archives of the Island. This officer will further deal as directed by the Chief Magistrate with the communications of the Deputy Commissioner and see that they are correctly filed for easy reference together with any documents affecting the public affairs of the Island.

      The Government Secretary will also act under the direction of the Chief Magistrate, as Government Treasurer. In this capacity he will be responsible for the disbursement {pay out} of Public Funds and will see that correct a/cs with vouchers {a paper that [conferms] a receipt} and receipts are carefully kept.

      The Government Secretary will each half year, prepare returns of cases tried before the Court, of the deliberations of the Chief Magistrate in council and of the proceedings of the Committeex for Internal and Extcrnal affairs for transmission to the Deputy Commissioner for the consideration of the High Commissioner for the Western Pacific.

      In the event of the death of the Chief

Magistrate during his term of office, a person to fill the vacancy for the rest of the term may be elected by the council. A vacancy in the Council may be filled on the nomination of the Chief Magistrate.

      The Chief Magistrate who is the chief judicial authority will impartially and strictly enforce the local laws and regulations in force. In both civil and criminal matters in which justice can be met by a fine not exceeding £5 or by imprisonment not exceeding one week, the Chief Magistrate will act alone. In all other cases he will be assisted by two Assessors, members of his council, elected annually for the purpose.

      In cases tried before the Chief Magistrate with Assessors, in the event of a difference of opinion between them, the combined voices of the Assessors will prevail, but the punishment to be awarded will be determined by the Chief Magistrate alone.

      Civil and criminal matters of a serious character for which punishment is not provided for in the local laws and regulations must be dealt with by His Majesty's High Commissioner's Court for the Western Pacific at Pitcairn Island.

      The court will be opened for the administration of Justice on the Monday of the second and fourth weeks of each month and will be presided over by the Chief Magistrate with or without Assessors as may be necessary.

      1. Summons and Orders of the Court are to obeyed immediately. Any infringement of this regulation will be deemed Contempt of Court and will be punished accordingly, either by imprisonment for 24 hrs. or by fine of 20/- according to the decision of the Court.

      2. Any person convicted of seducing a girl under the age of 14 yrs. will be liable to a fine of £20, with or without imprisonment, not to exceed one month. Any person convicted of being the father of an illegitimate child will be fined £5 and will be called upon to pay 2/- per week for the maintenance of the child until it arrives at the age of 14 yrs.

      3. The questions of Adultery and Rape {violation by force} cannot be dealt with by the local Court. Such matters must be referred to the High Commissioner's Court for the Western Pacific.

      4. If two persons of opposite sex one or both of whom are legally married to other persons shall be found in adultery or shall associate together in secluded places for the purposes of acting in a manner not consistent with his or her married vows, or for the purpose of committing

(cont.) 4. carnal offenses, they shall on conviction be fined from £5 to £10 each, independent of any action which may be taken subsequently under paragraph 3. Any persons aiding or abetting in the offence referred to above are subject to like penalties on conviction.

      5. Unmarried persons of either sex congregating together in such a manner as to cause scandal or to endanger the morals of the younger members of the community, will upon conviction be fined from £2 to £5. Further any householder or other person conniving {to wink at} at the offence mentioned in this paragraph will upon conviction be liable to similar penalties.

      6. Any male person intentionally loitering about the places where the women do their washing will upon conviction, be fined from 10/- to 40/-.

      7. Any person defaming another in a spirit of malice or revenge, will, on conviction, be fined from 10/- to 20/-. In cases of a gross or serious character recourse {application as for help} may be had to the High Commissioner's Court for the Western Pacific.

      8. Any person over the age of 14 yrs. convicted of theft will be punished by either a fine not exceeding £20, or imprisonment not exceeding one month, or both, and the stolen goods must be returned or made good. Offences under this paragraph, which, either on account of the value of the property involved, or the gravity and circumstances of the case, cannot be dealt with locally, will be tried in the High Commissioner's Court for the Western Pacific.

      9. Parents instigating their children under the age of 14 yrs. to steal produce or other goods, will on conviction, be dealt with under the provisions of paragraph 8; the children so offending will be admonished by the Chief Magistrate on the first offence; for the second or subsequent offence they will receive from 3 to 12 strokes with a cane, according to the age and health of the child and to other circumstances. Children under the age of 14 yrs convicted of theft under circumstances other than those above mentioned, will, for the first offence, receive from 3 to 12 strokes of cane. For a second or subsequent offence, they will be imprisoned from 3 to 7 days. In both instances the parents or guardians of the child so offending will be called upon to return the goods stolen or to pay the value of the same to the owners.

      10. Any person committing a breach of the peace, such as striking or abusing his wife, striking any person either with his fist or with any weapon, save in self defence, and all other offences not provided for that may disturb the peace of the community, shall on conviction be fined from 10/- to £5, according to the gravity {seriousness} of the offence. An habitual disturber of the peace may be dealt with in the High Commissioner's Court for the Western Pacific.

      11. Firearms, or other weapons may not be carried by any person under the age of 14 years. Persons over that age will be permitted to carry firearms for shooting purposes on obtaining a license from the Chief Magistrate, the charge for

(cont ) 11. which will for three months 2^d, for six months 3^d, for one year 6d. Licenses may not be transferable. Any person convicted of carrying firearms, concealed or otherwise, without a license will be fined £2.

      Any person coming into Courthouse while the Court is sitting with arms on his person will be fined £1 for contempt of Court.

      12. All regulations promulgated by the Chief Magistrate, on the recommendation of the Committees charge with the Internal and External affairs of the Island, relating to the preservation of cats, cruelty to animals etc. depredation caused by fowls and dogs, the shooting of goats and chickens and matters of a similar nature, are to be strictly adhered to. Any infringement of these regulations both as regarding Internal and External affairs will be punished by a fine of from 5/- to £1 at the discretion of the Court.

      13. Firearms must not be discharged within the precints of the village except as authorized under the provisions of the preceeding paragraph.

      14. Threats against the life of any person or persons will be dealt with under paragraph 10 and are subject to like penalties. All persons meddling, interfering or hindering other persons in their employment will be charged with committing a breach of the peace and will also be dealt with under the provision of paragraph 10.

      15. Abortion is a serious crime and is punishable by a lengthy term of imprisonment. Any such

(cont ) 15. cases occurring on Pitcairn Island must be brought to the notice of the Deputy Commissioner who will deal with them under the provisions of His Majesty's Order in Council. The Chief Magistrate will not fail to keep himself informed of any such cases, or suspected cases, and will immediately act as directed above. Further, in order to prevent the misuse of imported drugs, the Chief Magistrate will, alone, authorize a competent person to import ordinary and simple medicines for the use of the Islanders. The person selected for this duty will exercise his discretion in the issue of such drugs, bearing in mind that any misuse of the privilege accorded to him will be severely dealt with by His Majesty's High Commissioner Court for the Western Pacific.

      16. All men and boys over the age of 14 years are to give their services to the Public Works without remuneration {reward & recompense} when required, should circumstances permit. It is to be clearly understood, however, that if in the opinion of the Committee charged with the Internal affairs of the Island, the crops or produce will suffer by the employment of men as above mentioned, that their services are to be dispensed with until a more fitting occasion.

      It could be arranged, however, that such men willing to carry on the Public Work of the Island should be permitted to do so by the said Committee provided that the interests of their respective plantations do not suffer in the meanwhile. In any case

(cont.) 16. it will be the duty of the Chief Magistrate to support the Internal interests of the Community equally with those appertaining to Public Work. Prisoners may be employed on Public Work.

      17. The evidence of children may be accepted provided that such children are of a sufficient age to understand the nature of an oath or the nature of the deposition {act of —} they are called upon to make.

      18. All fines and penalties levied {collected} in cash are to be held at the disposal of His Majesty's High Commissioner for the Western Pacific.

      Persons unable to pay cash fines or penalties may be permitted to work out the same in the service of the Public departments at the rate of 5/- per day, provided that outside of the Sabbath day, the said person is allowed one day per week for the care of his own plantation or interests.

      19. Foreigners, should they visit and reside on Pitcairn Island at any time, should be made acquainted with the laws and regulations governing the Island. No one except His Majesty's High Commissioner for the Western Pacific, or, under certain circumstances, the Deputy Commissioner is legally empowered to deport a person from the Island.

      20. No alcoholic liquors are to be imported into the Island by the Islanders except such as may be required for medical purposes and then only under the written permission of the Chief Magistrate. Other residents and foreigners may from time to time import sufficient for their personal use with the written sanction

(cont.) 20. of the Chief Magistrate. These persons, however, are prohibited from selling or disposing of the same, or any portion of the same, to the natives of the Island under the penalty of a fine not exceeding £10 for the first offence, and a similar fine with imprisonment not exceeding one month for a second or subsequent offence. Smuggling will be punished by similar penalties and the liquors confiscated.

      21. In the event of the death of a person under suspicious circumstances, the Chief Magistrate assisted by his Council, will enquire into the matter, examine witnesses and take down evidences and submit the same, together with his covering report, for the consideration of the Deputy Commissioner.

      22. No punishments, pains, or penalties, other than those above provided for can be imposed by the Chief Magistrate. Cases of a grave and serious character will be dealt with by His Majestys High Commissioner's Court for the Western Pacific at Pitcairn Island.

      23. These Laws and Regulations will come into force on and from Thursday the 19^th day of May 1904 but are subject to the concurrence and revision of His Majesty's High Commissioner for the Western Pacific.

Read at the close of law 16
Prisoners may be employed on Public Work.

No. 24 and 25 of the Local Laws are found on page 93 of this book

Regulation made by Capt. Gaunt, approved by R. T. Simons

      Constant disputes having arisen as to the control of the boats, in the future the boats are to be under the control of the Committee for Internal Affairs who will not only require the men for manning them, but will requisition men for keeping them in order, a certain number of hours each week.

      24. It having been brought to the notice of the Deputy Commissioner that theft accompanied by burglary is a frequent occurance on Pitcairn Island, it is herby enacted that when there is a suspicion that goods stollen are secreted in one or other of the Islanders houses a written warrant may be issued by the Chief Magistrate for the search of the said houses by the Court policeman. Such cases are to be tried in the High Commissioner's Court for the Western Pacific.

      25. No Pitcairn Islander shall board a passing ship untill it has been definitly ascertained that no sickness of any kind excist on board.

Instructions in regard to the Yearly Election of Government Officials

      a. Every native born inhabitant of the island who has attained the age of eighteen years shall be qualified to vote at the election of government officers. Foreigners may take part in election and local affairs provided that the community is willing.

      The Chief Magistrate and the two Assessors must always be natives of Pitcairn Island.

      b. Within the first five day after the twentieth of December in each year the Chief Magistrate and Government Secretary shall prepare a register of all persons qualified to vote at the Election of Government Officers.

      This register shall be signed by the Chief Magistrate and committed to the care of the Government Secretary.

      c. The register so prepared shall be called the Register of voters and shall be used at the election of Government Officers and shall continue to be used untill superseded by a revised registere. And no person shall be entitled to vote at any election whose name is not upon the register of voters. Candidates for the post of Government Officers shall be nominated in public meeting by the community. Such nomination shall be publically notified not less than four days before the day fixed for the election.

      d. On a day with in 5 days after the 25 of December of each year and at a place and hour of which forty eight hours public notace shall be given by the Chief Magistrate the persons desirous of voting at the election shall repair to the place so notified for the holding thereof and there severally {each by itself or taken singly} tender their names to the Recorder {that is the government secretary}, who shall be appointed {approved by the Deputy Commissioner} by the Deputy Commissioner to be recorded in favour of the particulars candidate for the posts of Government Officers for whom they shall severally {separately} desire to vote.

      e. The Recorder shall be provided with a book in which he shall before the election is held enter each in a seperate column the names of the candidates for Election and the particular post for which each has been nominated. And upon a vote being tendered him he shall then and there record the name in the sight of the person who tender it.

      f. At nine oclock in the fore noon of the day of election the votes then given shall be counted by the person appointed to received and record them and the names of the successful candidate by him publically notified.

      g. All government Officers for the year shall be elected at one and the same time.

Local Laws No. 24 and 25 continued from page 90

Local Laws       24. It having been brought to the notice of the Deputy Commissioner that theft accompanied by burglary is a frequent occurence on Pitcairn Island it is hereby enacted that when there is suspicion that goods stolen are secreted in one or other of the Islanders houses, a written warrant may be issued by the Chief Magistrate for the search of the houses by the Court policeman. Such cases are to be tried in the High Commissioners Court for the W.P.

      25. No Pitcairn Islander shall board a passing ship until it has been definitly ascertaind that no sickness of any kind excists on board.

      R. T. Simons
            H.M.S Deputy Commissioner
        for Pitcairn Island
            12 of June 1907
                          Pitcairn Island

Regarding Prosecution in Police cases

      In the case of a criminal action where there is no prosecutor and it is necessary for the public morals that the case should come into court, the Chief Magistrate should detail the constable or someone outside the case altogether to prosecute in court.

      The Chief Magistrate should not prosecute himself as he is judging the case.

      Payment for fines may be received in arrowroot or fungus at the discretion of the Chief Magistrate when the culprit states he is not able to pay in money.

Vaugan Lewis^*                             
Captain R.N                       
A Deputy Commissioner for the Western Pacific.     

Pitcairn Island           
7^th July 1909     

Prison Rules

      1. Prisoners are not allowed to communicate with any one outside the prison and no communication is to take place between prisoners, whilst in their cells.

      2. Nothing whatever is allowed to be passed in or out of the
prison without permission of the jailor.

      3. No food is allowed between meal hours.

      4. Prisoners are to keep clean the inside of the prison and
outside near the prison under the supervision of the jailer.

      5. No visitors are allowed to visit the prisoners without a
written permit from the Chief Magistrate, and that visit to take place between 4 and 6 P.M. on ....... of each week, the visit not to extend beyond 30 minutes. Bible workers may visit at any time providing they have their permit from the Chief Magistrate.

      6. Prisoners are not allowed to write letters and no writing material is to be passed in or out of the prison without having been read by the jailer.

      7. No one is allowed near the prison unless on business.

      8. Prisoners misbehaving themself will be liable to
extra imprisonment or loss of food as the court may decide.

Vaugan Lewis                             
Captain R.N.                       
Deputy Commissioner for the Western Pacific

Prison Routine

s up and down with an interval of 4 paces between each prisoner.

Hours
6.0	A.M.	Rise - clean out cells, and wash.
6.30 to 7.30	"	Walking exercises- 20 pace
7.30	"	Return to large room.
8.30	"	Breakfast. (clean large room)
9.15	"	Muster for labour. Road making, stone breaking, wood cutting, digging, etc.
Noon		Return to large room.
1.00	P.M.	Muster for labour.
4.0	"	Return to large room and wash.
4.30	"	Tea, clear up large room and remain there.
7.50	"	Prepare bedding and return to their cells.
8.0	"	Lock up cells.

Vaugan Lewis                             
Captain R.N.                       
Deputy Commissioner for the Western Pacific

7th July 1909.

      March 15th 1915

Extract from the Deputy Commissioner at Papeette, Tahiti,
last communication for 1913.

      It is suggested that before any outside person should be allowed to come and reside on Pitcairn Island that he should have the permission of the Deputy Commissioner to come. And also that before coming he should deposit with the Deputy Commissioner a sum of money, the money to be forfeited should he have an illegitimate child while resident in Pitcairn. If he should marry the money to be returned to him.

H. A. Richard^*. Deputy Commissioner
Papeette                       
Tahiti                 

      No. 2. It having been pointed out to me that there is no authority for the detention of an accused persons in serious cases which have to be reported to the High Commissioner's Court it is my direction the Chief Magistrate and Assesors is authorised to ensure the necessary confinement.

E.S Gaunt^*                     
21 July 1906                 
Captain and Senior Naval Officer

      No. 3. Minutes of Council of 22nd Febuary 1905, show that it was decided to ask the Deputy Commissioner to extend No. 16 of the local laws so as to allow of the women being employed roofing public buildings &c.

      I am in favour of this, exempting women three months gone with child, but it is not a matter of urgency and can await the decision of the Deputy Commissioner.

      Ernest Frederick Augustus Gaunt, CMG (1865 - 1940), was Captain of H.M.S. Cambrian, Oct 3, 1905 - Oct 10, 1907. In his subsequen career he was Captain of the Battleships H.M.S. Majestic, H.M.S. Queen and H.M.S. Superb.. From October 1914 he held the rank of Rear Admiral and commanded the 1st Battle Squadron of the Fleet in the Battle of Jutland. He was promoted Vice Admiral in February 1919 and admiral in June 1924 before retiring in March next year. He was appointed KCB in 1919 and KBE in 1922. In 1913 he was appointed a Naval Aide-de-Camp to King George V.[Wikipedia and other sources]

      Captain Price Vaughan Lewes, C.B., and D.S.O. (1865 – 1914) was an officer of the Royal Navy. He was Captain of H.M.S. Cambrian, 3 Sep, 1907 – 7 Sep, 1909.

      Herbert A. Richards was the British Consul and Deputy Commissioner for the Western Pacific at Tahiti, 1912-1920. Before Tahiti, Richards has served as vice-consul in Zanzibar. After Tahiti he was Consul-General for Britain in Chicago, Illionis.

Document no. 125. c. May 19, 1904 - March 15, 1915. "1904 Laws and later additions, from Pitcairn Island Civil Recorder (pp. 80-96)". Pages 1800 to 1833.

Pitcairn's Island  Notes  Source  Whalesite