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Public Prosecutor v Natural [1941] VUNHJC 16; Criminal 686 (26 August 1941)

JOINT COURT OF THE NEW HEBRIDES

JUDGMENT No. 686

This twenty sixth day of August, one thousand nine hundred and forty one,

Before

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

JUDGMENT.

Whereas an information was laid by the French District Agent for the Condominium on July 29th. 1939, concerning the illegal recruitment of a native woman named Lucienne by Mr. André Natural and his employees Roger Jacques and Pierre Nicholls.

Whereas the said Roger Jacques did not appear and was not represented,

Whereas the said A. Natural and P. Nicholls were heard in their defense put forward by Mr. Frouin,

Whereas the Public Prosecutor was heard in his address the Court then retired,

Whereas two of the accused, André Natural and Pierre Nicholls were represented at His Court, the third accused did not appear and was not represented, but the charge against him is materially the same as that against the two accused who were represented,

Whereas the latter did not deny the accusation made against them but made a defense having no legal value,

Considering the terms of Article 8 paragraph 1 of the Protocol on the definition of the word "native"

ON THOSE GROUNDS the Court convicts the accused of the charge made against them as set out in the above mentioned information laid on July 29 1939 and sentences André Natural

1. to pay a fine of 1000 francs for recruiting without a licence.
2. to pay a fine of 1000 francs for refusal to repatriate.
3. to pay a fine of 1000 francs for not having complied with the order requiring the appearance of the woman Lucienne.

Pierre Nicholls and Roger Jacques to pay each a fine of 100 francs for having recruited a native woman without her husband's consent.

In default, 15 days imprisonment for Naturel and 4 days imprisonment for each of the other two convicted persons.

And orders them jointly and severally to pay costs amounting to ONE HUNDRED AND SEVENTY ONE FRANCS TWENTY THREE CENTIMES.

The French Judge
British Judge
Assessor
Acting Registrar