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Public Prosecutor v Chauviere [1912] VUNHJC 1; Criminal 54 (20 February 1912)

Case No. 54

The Public Prosecutor
Plaintiff

Versus

Leon Chauviere,
Planter of Santo
(Second Channel).
Leon Watt,
Sailor of Vila.
Defendant

HEARING. The 20th February 1912.

CHARGED WITH having committed infractions of Articles 33 (1) and 39 (1) of the Convention 1906.

The year one thousand nine hundred and twelve, and the twentieth day February, the Joint Court composed of the Count of Buena Esperanza, President; G. G. Alexander, British Judge; J. Colonna, French Judge;

In the presence of the Count of Andino, Public Prosecutor; M. Coursin, Acting Registrar, holding the pen,

Sitting in police cases, pronounced the following judgment:-

THE JOINT COURT

SEEING THAT the accused Leon Chauviere has not appeared;

AND WHEREAS it has not been proved that Chauviere has been duly served with the summons to appear, firstly as the summons has not been served either by the Bailiff of the Court or by a police officer, and secondly, if it is admitted that anyone can be summoned by registered letter thereby satisfying the provisions of Article 16 of the Criminal Procedure, the text of which Article is as follows:-

Article 16. ".....or some other person delegated by the Public Prosecutor" the summons forwarded by means of an unregistered letter should be cancelled;

Therefore cancels the summons in question above; adjourns the case "sine Die"; orders the summons to be served on the accused by the Bailiff of the Court, or by a police officer, or by a letter registered at the Condominium Post Office.

Thus made, judged and pronounced in open Court without appeal, and signed by the Count of Buena Esperanza, President; G. G. Alexander, British Judge; J. Colonna, French Judge; M. Coursin, Acting Registrar.

President
French Judge
British Judge
Acting Registrar