A.—3

7

Enclosure. Ordinance No. 3.—" Niue Island Native Magistrates and Police Ordinance, 1904." Niue Island Council. Whereas it is expedient to provide for the establishment of Courts of Justice within the Island of Niue, and the appointment of police and magistrates for the maintenance of law and order: Be it therefore enacted by the Niue Island Council as follows: — 1. The Short Title of this Ordinance is "The Niue Island Native Magistrates and Police Ordinance, 1904." 2. All cases of breaches of the law shall be dealt with under this Ordinance: Provided that in all cases where white people are concerned the Native Magistrates hereinafter mentioned shall have no jurisdiction. All such cases shall be dealt with by the Court (meaning thereby the Court held before the Resident Commissioner for Niue, and sitting in Niue). 3. There shall be five Native Magistrates for Niue Island, who shall exercise their functions within the following districts, which are hereby constituted, viz. : — Alofi and Tamakautoga ... ... ... ... ... 1 Magistrate. Avatele and Fatiau ... ... ... ■•• ■■• 1 Magistrate. Hakupu and Liku ... ... ... ■•• •■ 1 Magistrate. Tamalagau and Mutalau ... ... ... ... ... 1 Magistrate. Hikutavake, Tuapa, and Makefu ... ... ... ■ 1 Magistrate. And it is further provided that each Magistrate as above shall be appointed alternately from each of the villages as above, and hold office for a term of six months alternately. 4. Each Native Magistrate shall be appointed by the Niue Island Council (hereinafter called "the Council") with the approval of the Resident Commissioner, one to each district; and he shall hold office until removed by the Council. Such Native Magistrates shall take an oath to keep the laws of Niue and administer them impartially. Each Native Magistrate shall receive a salary of six pounds (£6) a year, to be paid half-yearly out of the revenue of Niue, through the Resident Commissioner. 5. It shall be the duty of the Native Magistrates to hear any complaints of breaches of the laws of Niue, as enacted by the Council, which are properly brought before them. They shall also have power to deal with the following offences: — offences against the person. 6 Any man committing adultery with a married woman shall be liable on conviction to a fine not exceeding five pounds (£5), and, in default of payment on the date fixed by the Native Magistrate, may be sentenced to not more than three (3) months' hard labour, or the Native Magistrate may sentence the offender to hard labour without the option of a fine. The Resident Commissioner may, in his discretion, award to the injured wife or husband a part of the fine not exceeding four pounds (£4). _ Any woman committing adultery may, on conviction, be fined m a sum of not more than three pounds (£3), or be ordered to make mats, hats, or other articles of saleable value to a 1 ike value 7 Any person who shall carnally know a girl of or over twelve (12) and under fifteen (lo) years of age shall be liable, on conviction, to a fine of not more than two pounds (£2), or in default to one month's hard labour. , But any one carnally knowing a girl under twelve (12) years ot age shall be brought before the Court held by the Resident Commissioner of Niue, and, upon conviction, may be fined not exceeding twenty* pounds (£2O), or, in default of payment thereof, sentenced to six (6) months ar 8 a A°ny person who shall force, or attempt to force, a woman against her will shall be liable, on conviction, to not more than six (6) months' hard labour. But no one shall be convicted hereunder on the unsupported testimony of the female: Provided, however, that , in case of such assault, if the complaint is made at once by the woman to other persons, the Native Magistrate may hear the case on such evidence. ,„■■-, i- a a„ /j?k\ 9. Any person convicted of the crime of incest may be fined not exceeding five pounds (£5), in addition to six (6) months' hard labour. 10 Any person procuring for, or assisting a woman in, immoral purposes, on conviction may be fined two pounds (£2), or may be sentenced to two (2) months' hard labour, and any woman soliciting any male for immoral purposes may be punished in a similar manner. IrWperson procuring or assisting to procure abortion of any woman shall be tried before the Resident Commissioner, and if convicted may be fined ten pounds (£10), or m default thereof sentenced to three (3) months' hard labour. IS-Any person convicted of slandering another person may be fined a sum of not exceeding one pound (£ Vp d f beaH Mse witness before the Native Magistrates may be fined not exceeding two pounds (£2), or in default thereof may be sentenced to one (1) month s hard labo Y4 Any person convicted of assaulting a police officer, a member of the Council, or Native MagistratVinVe execution of his duty, may be fined not exceeding two pounds (£2), or in lieu thereof may be sentenced to one (1) month's hard labour. . _ 15 Any person convicted of assault on any other person outside those mentioned a the previous may be fined a sum of not exceeding one pound (£1), or m lieu thereof may be tisfngTanguage towards another person tending tea breach of the peace may P be fined a sum not exceeding ton shillings (10s.), or in lieu thereof may be sentenced to six (6) days' hard labour.