Public Prosecutor v Jacomb [1913] VUNHJC 31; Criminal 186 (1 July 1913)

CASE No. 186.

This first day of July 1913 in the matter of a charge against Edward Jacomb, of Vila, New Hebrides.

The above named Edward Jacomb stands convicted before the Joint Court for that on or about the 5th January 1913 WHEREAS certain natives named:- Tangane, Boulet, Baal, Talman, Matane, Matanerere, Mataunarave, Ongue, Toure, Lemassine, Lagone, Ross, Lambal, Samuel, Sounambel, Robo, Letsour, Tarigala, Talvagal, Tomassine, Wevirataki, Letsour II, Limbale, Watezikaki, Weviratmadodo, Aroumala, Bouedourou, Caraimangen, Cass, David, Harry, Tobakeo and Jack were in the employ on the plantation at Mele of the Pacific Isles Investment Company (of British nationality) AND WHEREAS the said natives had been transferred to the said Pacific Isles Investment Company by Messrs Stuart and Wright (French citizens) to whom the said natives had been re-engaged for the period of one year;

AND WHEREAS the contract of re-engagement in question had been formalised by the French Resident Commissioner on the 24th June 1912 that is to say on a date on which that official had authority to control the said contract, the said natives and the plantation on which they worked being then under his administration;

AND WHEREAS this contract has never ceased to preserve its legal force, and that during the hearing of this case no proof has established that the said contract of re-engagement had been cancelled by the competent authority under the conditions and forms prescribed by paragraphs (4) & (5) of Article L1 of the Convention;

WHEREAS the said natives having left their said employer without permission have been received by the said Edward Jacomb and detained by him;

WHEREAS in thus detaining natives under re-engagement the said Edward Jacomb has committed a breach of the provisions of Article XLIX of the said Convention;

WHEREAS, nevertheless, the said Edward Jacomb has acted in good faith on the declaration of the British Resident Commissioner that the said natives were free, and that this circumstance, while not excusing the offence, lessens its gravity, and that this circumstance should be regarded in fixing the penalty.

Thereupon the Joint Court sentences the said Edward Jacomb for his said offence to pay a penalty of one pound (£l) and the costs of the proceedings, excluding the costs of those witnesses who were not heard before the Court.

In regard to the civil claim the Court notes the withdrawal.

The Court orders the return of all papers and documents lodged by the local administration in the case.

President
French Judge
British Judge
Registrar