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Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908

UNITED KINGDOM


GILBERT AND ELLICE ISLANDS PROTECTORATE (CONSOLIDATION) REGULATION 1908


No. 3 of 1908.


In the name of His Majesty, EDWARD VII., of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas of King, Emperor of India, &c., &c., &c.


KING'S REGULATION


(Made by His Majesty’s High Commissioner for the Western Pacific, in accordance with the provisions of the Pacific Order in Council, 1893.)


TO AMEND AND CONSOLIDATE THE REGULATIONS AFFECTING THE GILBERT AND ELLICE ISLANDS PROTECTORATE


[L.S]

EVERARD IM THURN


INTERPRETATION.


IN this Regulation unless the subject or context otherwise requires -


"Protectorate."

The term "Protectorate" shall mean and include all islands and places at present included in the Gilbert and Ellice Groups and Ocean Island;


"High Commissioner."

The term "High Commissioner" shall mean His Britannic Majesty's High Commissioner for the Western Pacific, and any person duly authorised to act in that capacity;


"Resident Commissioner."

The term "Resident Commissioner" shall mean the British Resident Commissioner for the Gilbert and Ellice Islands Protectorate or Assistant Resident Commissioner, or any person duly appointed by the High Commissioner to act as such;


"Native."

"Native" shall mean aboriginal native of any island in the Gilbert and Ellice Groups and of Ocean Island;


"Recruit."

"Recruit" shall mean a native engaged for the purpose of employment on land beyond the limits of the Gilbert and Ellice Islands, or of Ocean Island;


"Intoxicating Liquor."

"Intoxicating liquor" shall include all spirituous compounds and all fermented liquors and any mixture whereof part is spirituous or which contains fermented liquors, and any drug or mixture or preparation containing any drug capable of producing intoxication;


"Articles of Trade."

"Articles of trade" shall mean and include imported foodstuffs, ironmongery, lumber, Manchester goods, perfumery and toilet requisites, ship chandlery, tobacco, and any other article of general trade;


"Trading."

The term "to trade" shall mean to sell, buy for export, or barter any article or articles of trade; or to pay any article or articles of trade in return for goods supplied, or for value received;


"Trading Station."

The term "trading station" shall mean a dwelling-house, store, and copra shed enclosed in a substantial fence, the whole properly equipped and maintained for purposes of trade;


"Police."

"Police," shall include all constables, and any persons acting as such under the orders and authority of the Resident Commissioner;


"Explosives."

"Explosives" shall mean and include dynamite, gun-cotton, nitro-glycerine, gunpowder, fulminate of mercury, and every adaptation and preparation thereof as an explosive;


"Public Fishery."

"Public fishery" shall mean any salt or fresh water in the Protectorate or any waters within the limits of the territorial waters thereof but shall not include waters the property of any private person;


"Firearms."

"Firearm" shall mean and include any rifle, fowling-piece, pistol, revolver, and every kind of weapon of a similar nature.

_____________________


PART I.


REGARDING TAXATION.


Illegality of unlicensed trading.-


1. On and after the coming into force of this Regulation it shall be unlawful to trade in the Protectorate except under a license or licenses in the form of Schedule A hereto and to be obtained in the manner hereinafter provided.


Station License.


2. For every license to trade on shore (hereinafter called a station license) a sum of twelve pounds shall be paid, and a separate license must be obtained by every person over two in number who may be engaged in trading on shore in any one station. The right to trade under this license shall be limited to the premises in respect of which the license is issued.


License for half year.


3. Any person arriving in the Protectorate after the thirtieth day of June in any year may obtain a station license for the remainder of the year on payment of the sum of eight pounds.


Transfer of license


4. Should the holder of a station license leave the Protectorate temporarily the Resident Commissioner may on application transfer such license to some other person to be approved by the Resident Commissioner, and for every such transfer a fee of one pound shall be paid. Provided that a station license may not be transferred more than once in any year. In the case of the holder of a station license leaving the Protectorate temporarily before having renewed such license and returning before the thirtieth day of June the Resident Commissioner may issue to him a license for any broken period on payment of a fee at the rate of one pound per mensem, and after the date aforesaid the fee shall be as laid down in section three hereof.


Ship’s License;
Substituted ship license


5. For trading from or on board of any ship or sea-going vessel a license (hereinafter called a ship’s license) in the form of Schedule B hereto shall be obtained. Such ship’s license may include the whole of the Gilbert Islands or the whole of the Ellice Islands, or may refer specifically to one or more islands. For a ship’s license embracing the whole of the Gilbert Group or the whole of the Ellice Group a sum of one hundred pounds and for one embracing the whole of the two Groups of the Gilbert Islands and Ellice Islands the sum of one hundred and fifty pounds shall be paid. For any other ship’s license a sum of fifteen pounds shall be paid for every island to which such license shall apply. Every ship’s license shall be available only for the ship or vessel in respect of which it is issued. Provided always that on proof to the satisfaction of the Resident Commissioner that any vessel duly licensed under this Regulation has been withdrawn from the Protectorate and another vessel substituted therefore the Resident Commissioner may, on surrender of the ship’s license first issued, issue a substituted ship’s license as in Schedule C of this Regulation in respect of the vessel so substituted as aforesaid, and for every such substituted ship’s license a fee of one pound shall be paid. Not more than one substituted ship’s license for any licensed vessel shall be issued during any year.


Boat's License;
Exemption from boat’s licence


6. For each boat or punt carrying passengers within the Protectorate and annual license in the form of Schedule H hereto shall be obtained at a rate of ten shillings for every ton of carrying capacity, such capacity to be estimated by the Resident Commissioner or by some person duly authorised by him. Provided that boats being part of the equipment of any ship or vessel holding a ship’s license, and punts or boats used exclusively for supplying water, coal, or other stores to His Majesty’s ships or war, shall be required to take out such license.


Term of Licensee


7. Every station license, ship’s license, and boat’s license shall, except as provided in section four hereof, be for a period of one year to commence on the first day of January; and a substituted ship’s license shall be available only for the remainder of the year in respect of which the original license was issued. Such licenses shall apply only to the island or group of islands in respect of which they have been issued, but for the purposes of such licenses all islands situated on the same lagoon shall be deemed to constitute one island.


Power of Resident Commissioner to refuse License.


The Resident Commissioner shall have power to grant or refuse any license or to renew any licenses, subject to appeal to the High Commissioner.


Capitation Tax remitted and Import Duties substituted
Dutiable goods to be imported at ports of entry only.


8. From the date of the coming into force of this Regulation capitation tax on non-native persons shall cease to be paid, and in substitution therefore the following duties shall be collected paid on goods imported into the Protectorate as enumerated in Schedule M hereto and at the rates therein specified. And such goods shall be imported only at such places as the High Commissioner may by Regulation or Proclamation declare to be ports of entry.


Issues of licenses.


9. Station licenses, ships' licenses, and boats' licenses available for any island or group of islands in the Protectorate shall be obtained from the Resident Commissioner, and the Resident Commissioner may with the approval of the High Commissioner appoint persons to receive the taxes and license fees provided for in this Regulation and to issue licenses as aforesaid. Every such person receiving taxes or license fees shall at the earliest opportunity forward the amount received to the Resident Commissioner, or otherwise dispose of it as may be directed by the Resident Commissioner.


Penalty for unlicensed trading.


10. Any person trading on shore or employing another person to trade on shore without the necessary license having been first obtained, and any person trading on shore otherwise than on the premises of a licensed station, shall be liable on conviction to a fine not exceeding one hundred pounds or to a term of imprisonment not exceeding six months.


Penalty for not taking out ship's license.


11. The master or owner of any ship or sea-going vessel who shall without having taken out a ship's license make use of such ship or vessel within the Protectorate for purposes of trade shall be liable on conviction to a penalty not exceeding one hundred pounds or to imprisonment not exceeding six months.


Penalty for unlicensed trading.


12. Any person trading from or on board of any ship or sea-going vessel in the Protectorate without the necessary license having previously been obtained and the owner and master of any such vessel, and any person trading from any punt or boat in the Protectorate shall on conviction be liable to a fine not exceeding one hundred pounds or to a term of imprisonment not exceeding six months.


Penalty for trading with unlicensed vessel.


13. Any person who shall knowingly accept delivery of goods from or deliver produce to any such unlicensed ship or vessel shall be liable on conviction to a penalty not exceeding fifty pounds or imprisonment not exceeding three months.


Ship masters to furnish manifest.


14. The master or supercargo of every vessel entering or clearing from the Protectorate shall furnish to the Resident Commissioner declarations in the forms of Schedules D and E hereto of the quantities and values of all goods imported into or exported from the Protectorate, and any master or supercargo knowingly furnishing a false declaration of such quantities or values shall be liable on conviction to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding three months.

_____________________


PART II


TO RESTRICT THE SALE OF INTOXICATING LIQUORS AND PROVIDE FOR THE ISSUE OF LIQUOR PROHIBITION ORDERS.


Sale of intoxicating liquor unlawful
Amount of penalty.


15. The sale of intoxicating liquors for consumption on the premises on land or on board any ship or boat shall be unlawful throughout the Protectorate. Any person offending against this section whether such person be buyer or seller shall for each offence be liable on conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding one month.


Resident Commissioner may issue order.


16. It shall be lawful for the Resident Commissioner upon satisfactory proof that any person is of confirmed intemperate habits to prohibit such person, for such period as to the Resident Commissioner may seem fit, from drinking intoxicating liquor or leaving it in his possession.


Penalty for breach of order.


17. Any prohibited person who shall be convicted of drinking intoxicating liquor or having it in his possession shall be liable to a penalty not exceeding ten pounds or in default of payment to imprisonment for a period not exceeding one month; and any intoxicating liquor found in the possession of a prohibited person shall be seized by the police, and shall he sold or otherwise disposed of according to the orders of the Resident Commissioner.


Penalty for supplying liquor.


18. Any person, whether on board ship or otherwise, who shall sell, give, or supply to, or aid or abet in procuring intoxicating liquor for, a prohibited person unless for medical purposes - the burden of proof of which shall be on the seller, giver, supplier, aider, or abettor - shall be liable to a penalty not exceeding ten pounds or in default of payment to imprisonment for a period not exceeding one month.


Order to be filed.


19. Every order of prohibition made hereunder shall be filed in the Court of the High Commissioner in the Protectorate; and every such order shall remain in full force until the date of expiry (if any) named therein, or until cancelled by the Resident Commissioner; and such order shall not become void merely by reason of the prohibited person leaving the Protectorate.


Lists to be published.


20. Lists of persons prohibited under this Regulation shall be exhibited from time to time on all court-houses and in such public places as the Resident Commissioner considers desirable.


Proceeding to be in open court.
Appeal.


21. All proceedings taken under this Part shall be taken in open court, and any person aggrieved by the issue of any order or the passing of any sentence thereunder shall be entitled to forthwith appeal to the High Commissioner, and, pending the result of the appeal, the execution of such order or sentence shall be suspended, provided that, in the case of a penalty imposed under section seventeen or section eighteen, the appellant when he makes appeal do furnish security approved by the Resident Commissioner, and not exceeding twice the amount of the penalty imposed, to appear in due course and abide by the decision of the High Commissioner.

_____________________


PART III.


TO REGULATE THE SALE AND LEASE OF NATIVE LANDS BY NON-NATIVE PERSONS.


Sales.


Conditions of purchase.


22. Subject to the approval of the Resident Commissioner or if that approval is withheld then subject to the approval of the High Commissioner land may be purchased from natives by non-native persons in parcels not exceeding one acre in extent, provided that such land shall not be at the time of purchase in cultivation with permanent food-producing crops, and that no person shall acquire more than one allotment in any one island.


Resident Commissioner to indorse conveyance.


23. Every conveyance of native land to a non-native person shall bear the endorsement of the Resident Commissioner as to the title of the vendor or vendors, the fairness of the contract, and as to the land not being required for the support of the vendor or vendors; and shall be submitted to the High Commissioner who may either confirm or disallow such conveyance.


Leases.


Procedure on leasing land.
Registration of leases.
Registration of leases.
Fee for registration.


24. If any non-native person enter into a lease of land owned by a native he shall forthwith submit such lease to the Resident Commissioner who shall, at a convenient opportunity, make inquiry of the native lessor and of the native authorities of the island in which the land sought to be leased shall be situated. If it shall appear that the land sought to be leased is not the property of the proposed lessor, or that the lease has been unfairly obtained, or that the terms are manifestly to the disadvantage of the native lessor, or that there will not be left sufficient land to support the family of the lessor, or that the lease is otherwise contrary to sound public policy, the Resident Commissioner shall refuse to confirm such lease; otherwise the Resident Commissioner shall cause a copy of such lease to be entered in a book to be kept for the purpose, and shall make an endorsement on the lease to the effect that the lease has been approved and registered, and shall make a charge of one pound for every such registration of lease. Provided that the registration of the lease shall not be conclusive evidence as against a person not claiming through the lessor.


Terms of Leases.


No lease shall be granted for a longer period than ninety-nine years nor for any one parcel of land in any one island of greater extent than five acres.

________________________


PART IV


WITH REGARD TO EMIGRATION AND THE ENGAGEMENT OF
NATIVE LABOURERS.


Penalty for unauthorised recruiting.


25. Any person engaged in or assisting in recruiting natives otherwise than in accordance with this Regulation shall be liable to a fine not exceeding one hundred pounds or to imprisonment not exceeding six months or both.


Recruiting for service in British possession.


26. Subject to the provisions of this Regulation and provided that a license for the purpose has been duly granted by the Government of such British possession, it shall be lawful to recruit natives from the Protectorate for service in any place within the jurisdiction of the Legislature of any British possession.


Recruiting for non-British territory.


27. Natives may be recruited for places not being within the jurisdiction of the Legislature of a British possession provided that a license has been obtained from the Resident Commissioner, who shall have power to grant or refuse such licenses as he may see fit. Provided that in the event of the Resident Commissioner refusing to issue such license such refusal shall be reported to the High Commissioner together with the reasons therefor.


Requirements of license.
Contract.
Penalty for removing labourers without contract.


28. Every license issued under this section shall state the name of the vessel in which such natives are to be carried, the name of the master, the number of natives that may be recruited, the islands at which recruits may be engaged, the places whereat such recruits are to serve, and the conditions regarding accommodation, water, and food supply, and the stock of medicines and medical appliances to be kept on board such vessel as set forth in Schedule F hereto. The license will be accompanied by a form of contract or indenture as in Schedule G hereto, which contract must be entered into between the labourers and the employer or his representative before the vessel leaves the Protectorate. Any person recruiting native labourers and removing them from the Protectorate without entering into the engagement aforesaid shall be liable to a fine not exceeding twenty-five pounds. The provisions of this section shall apply to the engagement of natives of the Gilbert or Ellice Islands for service in Ocean Island.


Registration of contracts.
Fee for registration contract.


29. Every engagement entered into under this Regulation shall be registered in the office of the Resident Commissioner, and a fee of two shillings and sixpence shall be payable for such registration.


Breaches of regulation.


30. Any failure to comply with the conditions of the license, and the making of any agreement not in accordance with the terms of the form of agreement provided for above, shall be deemed to be a breach of this Regulation, and shall be punishable by a penalty not exceeding twenty pounds.


Persons not to be recruited.


31. It shall be unlawful to recruit any native apparently under the age of sixteen years without the consent of the parents or guardian of such native, or to recruit any female except in the case of a married woman whose husband shall have been recruited at the same time and for the same place.


Power of Resident Commissioner to inspect vessel, & c.


32. The Resident Commissioner or any person duly authorised in that behalf may at any time inspect any vessel engaged in recruiting natives, and may examine the stores, provisions, and water supply on board, and the labourers recruited. The Resident Commissioner or his representative may, if he think fit, order any labourer recruited to be put on shore and the contract to be cancelled, and the cost of returning such labourer to his home shall be defrayed by the recruiter. Vessels engaged in recruiting native labourers shall report first at Tarawa or such other port as the Resident Commissioner may direct, and the Resident Commissioner may also order the vessel to take its final departure from the Protectorate from an island or anchorage to be named by him.


Government agent.


33. The Resident Commissioner may, if he think fit, appoint agent to remain on board any recruiting vessel during the time such vessel is engaged in recruiting within the Protectorate. Such agent shall be suitably berthed and boarded at the ship's expense, and shall receive such remuneration, to be paid by the charterer of such vessel or his agent, as the Resident Commissioner may direct.


Prohibition of recruiting.


34. The Resident Commissioner may in the event of the absence of an undue proportion of adult males, or for any other reason which to him seems good prohibit, either for a specified time or until further notice, recruiting natives at any island or islands in the Protectorate. Such prohibition shall be reported forthwith to the High Commissioner who may vary or rescind the same, and who will take such steps as may appear advisable to make such prohibition public. No person who, but for the provisions of this section, would be legally recruiting natives shall be liable to punishment for recruiting at an island at which recruiting is prohibited unless it is shown that such person had special notice of such prohibition. But any labourer so recruited shall, if still within the waters of the Protectorate, be landed as soon as the prohibition becomes known, and the cost of returning such labourer to his home shall be borne by the recruiter.

________________________


PART V.


WITH REGARD TO CURRENCY.


Payment to be in current British coin.


35. All taxes, duties, fees, fines, and wages shall be payable in coin of the United Kingdom and Ireland, and it shall be unlawful for any person to enter into an agreement providing for the payment of wages of labourers in trade or in kind.


Value of dollar.


36. In a contract expressed to be made in dollars a dollar shall be deemed to be equivalent to four English shillings unless it is proved that another meaning was attached to it at the time when the contract was made.

___________________________


PART VI.


TO REGULATE THE NATIVE PASSENGER TRAFFIC.


Native passenger not to be carried without a license.


37. It shall be unlawful to carry native passengers on board any vessel in, or between, the Gilbert and Ellice Islands, or between the Gilbert and Ellice Islands and Ocean Island, except under a license to be obtained from the Resident Commissioner in the form of Schedule H hereto. Such license shall expire on the thirty-first day of December in the year in which it is issued.


Number of passengers to be carried.
Accommodation to be provided.


38. No ship shall be licensed to carry a greater number of passengers than in the proportion of one to every ten tons net registered tonnage, and the accommodation provided shall not be less than twelve clear superficial feet of space for each native passenger, and a floor on the upper deck shall be provided, raised at least six inches above the deck, under a rain-proof awning the roof of which shall not be less than six feet six inches at its lowest part above the deck. The space assigned to passengers shall be kept clear of freight and stores.


Supply of provisions.


39. Every vessel licensed to carry native passengers shall provide daily for each such passenger -


Three quarts of good fresh water exclusive or the quantity which may be required for cooking purposes.


Rice ............1½ 1bs.

Biscuit .............1 1b.


Native food in sufficient quantity may be substituted for rice and biscuit.


Native to obtain permit.


40. No native passenger shall be carried unless such passenger is provided with a permit from the Resident Commissioner, or from a magistrate, in the form of Schedule I hereto.


Carriage of female native.


41. No female native shall be carried on any vessel in the Groups or to or from Ocean Island unless, if married, accompanied by her husband, or in the case of a single woman, by her male parent or natural guardian.


Lists of passengers to be furnished.


42. A list of native passengers carried on licensed vessels, in the form of Schedule J hereto, shall be furnished half-yearly, in January and July in each year, by the master or agent of each vessel to the Resident Commissioner, and in default thereof, or in the event of a false list being rendered, the license of the vessel may be summarily cancelled by the Resident Commissioner.


Penalty for breach of Regulation.


43. The owner or master of any vessel carrying native passengers otherwise than in accordance with this Regulation shall be liable on conviction to a fine not exceeding twenty-five pounds.


Penalty for breach of Regulation.


44. Any native travelling without a permit shall be liable on conviction to imprisonment, with or without hard labour, for any term not exceeding three months.

___________________________


PART VIII.


TO PROVIDE FOR THE REGISTRATION OF DOGS.


Dogs to be registered.
Definition of owner.


45. Every person owning a dog or dogs within the limits of the Gilbert and Ellice Islands Protectorate shall register such dog or dogs in accordance with Schedule K hereto at the office of a native magistrate or of such other person as may be appointed for the purpose by the Resident Commissioner, and any person in whose custody, charge, or possession, or in whose house or premises any dog or dogs shall be found or seen shall, unless the contrary be proved, be deemed to be the owner of such dog or dogs for the purposes of this Regulation.


Time for registration.


46. Registration under this Regulation shall be effected and renewed in the month of January in each year. Provided that the first registration of any dog or dogs imported into any of the islands of the Gilbert and Ellice Protectorate between the months of February and November in any year (after this Regulation shall have come into force) shall be effected within one month of the date of such importation.


Fees for registration.


47. For and in respect of every registration effected under this Regulation, a fee of five shillings shall be paid at the time of registration by the person making such registration.


Penalty for non-registration.


48. Any person owning a dog or dogs who shall on the first day of February of any year have failed to register such dog or dogs or to pay the fee under this Regulation, and any person importing any dog or dogs into the Gilbert and Ellice Islands Protectorate who shall fail to register such dog or dogs and to pay the fee on such registration as provided in sections two and three hereof, shall be liable to a penalty not exceeding ten shillings, or in default of payment to imprisonment not exceeding seven days, but such penalty or such imprisonment shall not act as a discharge of the obligation to register and pay the fee therefor in accordance with the provisions of sections forty-five, forty-six, and forty-seven.


Disposal of ownerless dogs.


49. Any island official or constable may take possession of any dog that he has reason to suppose to be not under the control of any person and may detain such dog until the owner has claimed the same and paid all the expenses incurred by reason of such detention, and when any dog taken in pursuance of this Regulation has been detained for seven clear days and during such period shall not have been claimed, the magistrate of the island or district within which such dog was found may cause such dog to be destroyed.


Limitation of application.


50. The foregoing sections shall not apply to dogs under six months old.


PART VIII.


TO PROHIBIT THE COLLECTION AND REMOVAL OF GUANO.


Collection and removal of guano prohibited.
Penalty for breach of regulation ₤10.


51. The collection and removal of guano and other fertilising substances from waste or unoccupied lands in the Gilbert and Ellice Islands Protectorate without the permission first obtained of the High Commissioner for the Western Pacific or of the Resident Commissioner of the aforesaid Protectorate, is prohibited, and any person found guilty of a breach of this section shall be liable to a penalty of ten pounds or in default of payment to imprisonment with or without hard labour for a term not exceeding one month.

__________________________


PART IX.


TO PROHIBIT THE USE OF EXPLOSIVES FOR FISHING.


Prohibition of use of explosives.


52. The use of explosives for the purpose of catching or destroying fish in any public fishery within the limits of the Protectorate is prohibited.


Penalty; £5 fine; 14 days’ imprisonment.


53. Any person guilty of a breach of the foregoing section (fifty-two) shall on conviction be liable to a money penalty not exceeding five pounds or in the discretion of the Court to imprisonment with or without hard labour for a term not exceeding fourteen days.

____________________________


PART X.


TO PROVIDE FOR THE REGISTRATION OF FIREARMS.


Date of registration.
Penalty for non-registration.
Registration by new arrivals.
Fee.


54. Any person having in his possession any firearm or firearms shall register the same on the first day of January in each year at the office of the Resident Commissioner or of any person duly appointed by the Resident Commissioner to effect such registration, and any person having in his possession any firearm or firearms who shall omit to make such registration before the thirty-first day of March in any year shall be liable to a penalty not exceeding two pounds in respect of each firearm, and to confiscation of the same. Provided that persons newly arrived in the Protectorate shall register such firearms as they may have in their possession within two months of such arrival, and in default of such registration shall be liable to the penalty as aforesaid. A fee of five shillings shall be paid in respect of each registration. The register of firearms shall be in the form of Schedule L to this Regulation.

_______________________________


PART XI.


TO PROVIDE FOR THE EXCLUSION OF DESTITUTE AND UNDESIRABLE PERSONS.


55. (1) It shall be unlawful for any person to land in the Protectorate unless


(1) he is possessed of a sum of not less than fifty pounds sterling; or


(2) is able to satisfy the Resident Commissioner that he is assured of employment and means of subsistence in the Protectorate.


(2) The master or owner of any ship who permits any person to land in contravention of this section shall be liable to a penalty not exceeding fifty pounds.


(3) The master or owner of any ship bringing a person to the Protectorate, for whom it is in consequence of this regulation unlawful to land, shall convey such person out of the limits of the Protectorate without cost to the Protectorate.


(4) It shall be lawful for the Resident Commissioner to arrest any person who has landed in contravention hereof and to place him on board the ship that brought him to be conveyed therein out of the limits of the Protectorate.

______________________________


PART XII.


REPEAL OF EXISTING REGULATIONS.


Regulations repealed.


56. On the coming into force of this Regulation the following Regulations shall be repealed:-


The Gilbert and Ellice Liquor Prohibition Regulation (No. 8) of 1897;


The Gilbert and Ellice Liquor Prohibition Regulation (No. 2) of 1898;


The Gilbert and Ellice (Native Passengers) Regulation (No. 1) of 1900;


The Gilbert and Ellice (Guano) Regulation (No. 2) of 1900;


The Gilbert and Ellice (Dogs) Regulation (No. 2) of 1901;


The Gilbert and Ellice Islands Protectorate Regulation (No. 3) of 1903;


The Gilbert and Ellice Islands Protectorate Regulation (No. 3) of 1904;


The Gilbert and Ellice (Fisheries) Regulation (No. 1) of 1905; and


The Gilbert and Ellice (Fisheries) Amendment Regulation (No. 4) of 1905.


Reservation.


57. Provided always that all taxes and license fees payable under "The Gilbert and Ellice Islands Protectorate Regulation 1903," may be recovered, and all penalties for non-payment thereof may be enforced as though that Regulation were still in force.


Short title.


58. This Regulation may be cited as "The Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908," and shall come into force on the

___________________


SCHEDULES.
_______


SCHEDULE A.


GILBERT AND ELLICE ISLANDS
PROTECTORATE.
Station License.

No.
190

Name of License
Address
Period of license
Owner of store
Locality of store
Island
Fee, £.........:........... :

Resident Commissioner.
GILBERT AND ELLICE ISLANDS PROTECTORATE.
Station License.

No.
190

..................... of ....................... is hereby licensed to trade on shore during the period ............ to ...............in accordance with the provisions of sections one to four of “The Gilbert and Ellice (Consolidation) Regulation 1908,” and in respect of the store whereof ..................... of ................. is owner, and situate at ........... on the island of .............................
Fee, £.........:.........:

Resident Commissioner.

____________________


SCHEDULE B.


GILBERT AND ELLICE ISLANDS
PROTECTORATE.
Ship’s License.
No.
190

Description of vessel
Name of vessel
Name of owner
Name of master
Period of license
For what locality
Fee, £.........:.........:

Resident Commissioner.
GILBERT AND ELLICE ISLANDS PROTECTORATE.
Ship’s License.

No.
190.

The ............... of ............. whereof ............ is owner and.....................master is hereby license to trade in........................during the period ........................ in accordance with the provisions of section five of "The Gilbert and Ellice Islands (Consolidation) Regulation 1908."
Fee, £........... : ................:

Resident Commissioner.

_______________________


SCHEDULE C.


GILBERT AND ELLICE ISLANDS
PROTECTORATE.
Substitute Ship’s License.

No.
190

Name of original vessel
Description of vessel
Name of substituted vessel
Description of
Owner
Master
Period of license
Fee, £1.

Resident Commissioner.
GILBERT AND ELLICE ISLANDS PROTECTORATE.
Substituted Ship’s License.

No.
190

The ..................... of ............ whereof .......... is owner and .............. master is herby licensed in accordance with the provisions of section five of "The Gilbert and Ellice (Consolidation) Regulation 1908," to trade in ................. for the period of ................... in substitution of the ................... withdrawn from the Protectorate.
Fee, £1.

Resident Commissioner.

______________________


SCHEDULE D


THE GILBERT AND ELLICE ISLANDS PROTECTORATE (CONSOLIDATION) REGULATION 1908.


(Section 14.)


RETURN of all articles or produce imported in the s.
on the .................................. 190........


Place where imported
Article or Produce.
Quantity.

Value.



Total Value .......
£
s.
d.







I the undersigned* ................................ of the s. .................................... do solemnly and sincerely declare that the above is a true statement of the quantity and value of the articles imported in the aforesaid vessel on the date mentioned.


Before me .............................................................................

..................................................................Master or supercargo

s.

190.

*Master or Supercargo as the case may be.

_________________________


SCHEDULE E.


THE GILBERT AND ELLICE ISLANDS PROTECTORATE (CONSOLIDATION) REGULATION 1908.


(Section 14.)


RETURN of all articles or produce exported in the s. .................. on the ...... 190......


Island whence Exported.
Article or Produce.
Quantity.
Value.



Total Value.......
£
s.
d.







I the undersigned* ............................... of the s. .......................................
do solemnly and sincerely declare that the above is a true statement of the quantity and value of the articles exported in the aforesaid vessel on the date mentioned.


Before me
..............................................................................Master or Supercargo,

s. ......................

190..........


*Master or Supercargo as the case may be.

_________________


SCHEDULE F.


THE GILBERT AND ELLICE ISLANDS PROTECTORATE (CONSOLIDATION) REGULATION 1908.


(Section 28.)


....................................... is hereby authorised to recruit in the s........................
whereof ..................... is Master, not more than ...................... labourers from the following Islands; ......................................................................................
and for service in ......................................................................................


Accommodation.


Area of passenger deck, or decks:-


Upper deck: Not less than six superficial feet clear for each labourer.

Lower deck: Not less than twelve superficial feet clear for each labourer.

Height between decks to be not less than six feet six inches.


Arrangement of sleeping-places: Open births or sleeping-places in not more than two tiers, the lower tier to be raised six inches at least from the lower deck. The interval between two tiers shall be not less than two feet six inches. All labourers shall be berthed between decks or in deck-houses.


Rations.*
(Daily for each labourer).


Water, fresh-Three quarts exclusive of quantity which may be required for cooking purposes.


Rice
...
...
...
...
...
...
...
...
...
1 lb.
Biscuits
...
...
...
...
...
...
...
...
...
1 lb.
Meat or
...
...
...
...
...
...
...
...
...
1 lb.
Fresh fish
...
...
...
...
...
...
...
...
...
2 lb.
Salt
...
...
...
...
...
...
...
...
...
2 oz. per week.
Soap
...
...
...
...
...
...
...
...
...
4 oz. per week.

(*Subject to alteration by the Resident Commissioner.)


Lists of Medicines, Medical Appliances and Disinfectants, to be kept on board.


Resident Commissioner


Gilbert and Ellice Islands Protectorate,

Resident Commissioner’s Office,


190....


SCHEDULE G.


THE GILBERT AND ELLICE ISLANDS PROTECTORATE (CONSOLIDATION) REGULATION 1908.


(Section 28.)


MEMORANDUM of AGREEMENT made this ................................................
day of .............................. one thousand nine hundred and ............................
between ....................................... of ................. hereinafter called the employer of the one part, and ...................................................................................
native (or natives) of the island of .................................. in the Gilbert and Ellice Islands Protectorate, recruited in the ................................ and hereinafter called the employee of the other part.


The conditions of this Agreement are that the said employee engage to serve the said employer at ........................................ as ................................ for the term of ............................. and during that period to obey the lawful and reasonable commands of the said employer, his manager, overseer, and authorised agent.


Daily Ration.
Fresh Water, Two quarts in addition to any that may be required for cooking purposes.
Beef or mutton, 1 lb.
Biscuits 1 lb (or 1½ lb. of Bread or Flour).
Potatoes, 3 lbs. (or 1 lb. of Rice).
Salt, per week, 2oz.
Soap, per week, 4 oz.


In consideration of which the said employer doth hereby agree (1) to provide the said employee with free conveyance from the place of ........................ engagement to that at which ............................. to be employed, (2) to pay ............... wages at the rate of ..................................... per calendar month in British currency, (3) to provide .................................... with rations of the description and quantity specified on the margin hereof, or on such other scale as the Resident Commissioner may direct, and (4) also with proper lodging accommodation and bedding. And the said employer does also agree to provide the said employee as soon as possible after the completion of the term of this agreement with free conveyance back to the place at which ........................ engaged. Provided that should such means of conveyance be not immediately available after the expiry of this agreement, said employee shall continue to work for the said employer on the foregoing conditions for such period not exceeding three months as may elapse between the date of the completion of the employee term of service and the arrival of the vessel chartered for such return conveyance, and that should a period of more than three months so elapse said employee shall have the option of continuing to work after the completion of the said period of three months on the conditions of this agreement until the date of the arrival of the vessel aforesaid. Should, however, such employee not so elect, the employer shall continue to provide ......................... with rations, lodging, and bedding as stipulated in conditions (3) and (4) hereof, until the date of the return of such employee.


The employer reserves to himself the right to return at his own cost all or any of the employee parties to this agreement before the expiration of the term of service agreed should such employee not perform .................... duties to the satisfaction of the said employer, his manager, overseer, or representative, and all employees so returned shall be paid wages, and be provided with rations, lodging, and bedding up to the date of such return.


In the event of any of the employees parties to this agreement being incapacitated
from work by reason of illness, the employer shall provide with rations, lodging, and bedding only during the period that they are so incapacitated. Provided that if such incapacity is due to accident occurring or injury sustained in the discharge of such duties wages for the period of such incapacity, but not exceeding the terms of this agreement, shall also be paid by the said employer to the said employee.


In witness whereof the said employer and the said employee have hereunto affixed their signatures.


Witness to the signature of employer or

representative,
Witness to the signature of employee or

employees,
The foregoing Agreement was explained in my presence to the above-signed employee, and was signed before me by .............. with ....................................... (names
or marks), this ......................... day of ................................. one thousand nine hundred and ...........................................................................................
Approved. ........................................................................ Government agent


Resident Commissioner

_______________________


SCHEDULE H.


GILBERT AND ELLICE ISLANDS PROTECTORATE.


In accordance with the provisions of "The Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908," sections 6 and 37, the s. ................................. of ...................... tons register of which ........................... is owner and ...... master, is hereby authorised to carry ................... Native passengers in, and between, the Gilbert and Ellice Islands (and Ocean Island)


Resident Commissioner's Office,

Bitio, Tarawa,


190 ............................................. Resident Commissioner.

_________________________


SCHEDULE I.


GILBERT AND ELLICE ISLANDS PROTECTORATE.


(Section 40.)


(Counterfoil.)

No..............................................
..........................................Island
....................................190......
....................Island, is herby permitted to travel in the ..................to ........................

Magistrate
"The Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908."
(Section 40.)
Permit.
No......................................................
...................................................Island,
.............................................190.....
...................................................... of
.......................Island, is hereby permitted to travel in the s. ............ to .........................

Magistrate

____________________________


SCHEDULE J.


GILBERT AND ELLICE ISLANDS PROTECTORATE.


"The Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908."

(Section 42.)


LIST of Native Passengers carried on the s. ...................... during the six months ending* .................................., 190.


No. of Permit.
Name
From
To
Date.






I the undersigned,† .......................... of the s. ......................... do solemnly and sincerely declare the above to be a correct list of all native passengers carried on the said s. ......................... during the period stated.
..............................................................................................190....
.........................................................................................Master or Agent
*30th June or 31st December as the case may be........................................†Master or Agent

____________________


SCHEDULE K.


GILBERT AND ELLICE ISLANDS PROTECTORATE.


...............................................................................................Island,
No. .............................................................................................190.
............. of ............... is hereby registered in accordance with the provisions of "The Gilbert and Ellice Islands Protectorate (Consolidation) Regulation 1908," section 45, as owner of the dog described below:

Sex ..................

Colour............

Marks (if any)...

Magistrate,

Island.

__________________________


SCHEDULE L.


GILBERT AND ELLICE ISLANDS PROTECTORATE

Register of Firearms
No.....................................
..............................90.......
Name of owner
Address
Description of firearm -
Rifle*
Supporting gun*
Revolver*
Pistol*
Fee
*Description should be given-e.g., Mauser, Double breech-loader.
GILBERT AND ELLICE ISLANDS PROTECTORATE

Certificate of Registration of Firearms.

No. ............................190....
This is to certify that ......... of ...... has been registered in accordance with the provisions of section 54 of “The Gilbert and Ellice Islands (Consolidation) Regulation 1908,” as possessor of the firearm specified below
Rifle*
Sporting gun*
Revolver*
Pistol*
Fee
Resident Commissioner
*Description should be given – e.g., Mauser, Double breech-loader

_____________________________


SCHEDULE M.



s.
d.
Ale, beer and porter, quarts, per dozen ..............................
0
2
0
Ale, beer and porter, pints, per dozen ...............................
0
1
0
Ale, beer and porter, half-pints or less, per dozen ..................
0
0
6
Ale, beer and porter, in wood or jar, per gallon ....................
0
1
0
Perfumery, not being perfumed spirits, 15 per cent. ad Valour



Spirits, methylated, per gallon .......................................
0
2
0
Spirits of all kinds imported into the Protectorate, the strength of which can be ascertained by Sikes’ hydrometer, and is over proof, per proof gallon ................................................

0

14

0
Spirits of all kinds imported into the Protectorate, the strength of which can be ascertained by Sikes’ hydrometer, and is under proof, per liquid gallon ........................................

0

14

0
Spirits and spirituous compounds, unless otherwise enumerated, and scented waters imported into the Protectorate, the strength of which cannot be ascertained by Sikes’ hydrometer, per liquid gallon .......................................

0

14

0
Case Spirits-Reputed contents of two, three, four, or more gallons shall be charged,-

Two gallons and under, as two gallons; over two gallons and not exceeding three gallons, as three gallons; over three gallons and not exceeding four gallons, as four gallons, and so on for any greater quantity contained in any case.



Wines-

Bordeaux (claret), Hock, or Australian, in bulk, per gallon...........................................................

0

2

0
Bordeaux (claret), Hock, or Australian, in bottle, for six reputed quarts or twelve reputed pints or twenty-four reputed half-pints or smaller quantities ...............

0

2

0
Other kinds, in bulk, per gallon
0
4
0
Other kinds, for six reputed quarts or twelve reputed pints or twenty-four reputed half-pints or smaller quantities .......................................................

0

4

0
Sparkling, for six reputed quarts or twelve reputed pints or twenty-four reputed half-pints or smaller quantities..

0

6

0

Published and exhibited in the Public Office of the High Commissioner for the Western Pacific this twenty-seventh day of October, 1908.


By Command,


R. S. D. RANKINE,

Acting Secretary, Western Pacific High Commission.

__________________________________


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