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Public Prosecutor v Bouteiller [1941] VUNHJC 10; Criminal 678 (23 May 1941)

IN THE JOINT COURT OF THE NEW HEBRIDES

JUDGMENT No. 678

This twenty third day of May, one thousand nine hundred and forty one:

Before:

J.L. TROGNON, French Judge,
A.H. EGAN, British Judge,
L. DESMOULIERES, Assessor
H. DAVID, Public Prosecutor ad hoc assisted by M. BUTERI, Acting Registrar.

JUDGMENT

Considering the charge made against Bouteiller, French citizen, plantation manager, residing at Santo (New Hebrides), for breach of Article 31, paragraphe 5 of the Protocol (trying to recruit a native by offer alcoholic liquor).

The accused not appearing or represented.

The Court having heard the arguments of M. DAVID, Public Prosecutor "ad-hoc".

And after deliberation.

Considering that Bouteiller durely summonsed by the Bailiff on the sixth March, one thousand nine hundred and forty one, does not appear and is not represented.

Considering that sufficient proof is given by the documents and the hearing against the accused, for having at Santo, on the eleventh of December, one thousand nine hundred and forty, tried to recruit a native (Louque) by offer of alcoholic liquor.

Considering that that act is provided for and punishable in accordance with Article 31, paragraph 5 of the Protocol of the 6th August 1914, as follow:

"Any recruitment of natives by means of fraud or personation or false assertion of official authority, or by "means of immoral inducements, or by the abuse of the needs, weakness, or passions of the natives, or by the offer of alcoholic liquors or of prohibited arms or ammunition, shall be punishable by imprisonment from one day to three months, and by a fine of from 10d. (tenpence) to 40 $., or by either of these penalties..."

On there grounds the Court finds Bouteiller in default and in punishment of the charge brought against him, imposes on him a fine of five hundred francs, for each of the offences.

And in application of Article 14, paragraph 5 of the Protocol, the Court prescribes a period of fifteen days confinement in default of payment of the above sums.

Orders him moreover to pay the costs taxed at seventy six francs twelve centimes.

Orders that this Judgment in default be served by request of the Public Prosecutor.

Pronounced in open Court on the date above mentioned

French Judge
British Judge
Assessor
Acting Registrar