Island Courts Ordinance

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3. Constitution of island courts
4. Territorial extent of jurisdiction of island courts
5. Powers of island courts
6. Sentences which an island court may pass
7. Dismissal of charges
8. Treatment of young offenders

9. Composition of island courts and appointment of island magistrates
10. Decisions of island courts
11. Procedure where island magistrate is unable to adjudicate by reason of personal interest, etc.
12. Clerk of court
13. Execution of service of processes
14. Protection of island magistrates and officers of island courts

15. Language
16.
17. Procedure to be followed
18. Sittings
19. Adjournments
20. Sittings to be public
21. Issue of process
22. Mode of securing attendance of accused persons, parties and witnesses
23. Examination on oath
24. Records and returns
25. A cause may be reported for transfer
26. Transfer of causes by a magistrate
27. Effect of an order of transfer

28. Civil appeals
29. Criminal appeals
30. Discretionary powers of a magistrate's court to entertain appeals
31. Summary dismissal of criminal appeals
32. Powers of magistrate's court in regard to criminal appeal
33. Additional evidence in any criminal appeal
34. Power of magistrate's court in regard to civil appeal
35. Further evidence at civil appeal
36. Neither notice of appeal nor appeal to operate as stay of execution

38. Concurrent jurisdiction of judges and magistrates
39. Fees and costs
40. Payment of fees and costs
41. Regulations

An Ordinance to provide for the constitution of island courts, for the appointment of island magistrates and other officers thereof and for the regulation of their powers, duties and jurisdiction and for appeals from, and revision of, the decisions of island courts and for matters connected therewith

10 of 1965
10 of 1967
L.N. 63/68
2 of 1969
L.N. 40/69
9 of 1969
8 of 1971
9 of 1971
3 of 1972
L.N. 43/72
13 of 1972
(Cap. 3 of 1973)
L.N. 31/73
L.N. 12/74
L.N. 41/75
1 of 1982
8 of 1987
1 of 1988
4 of 1989

1. This Ordinance may be cited as the Island Courts Ordinance, and shall come into operation on such date or dates and in such island or islands as the Governor-General may by notice appoint and different dates may be appointed for different islands.

"cause" shall include any action, suit or other original proceeding between a plaintiff and a defendant and any criminal proceeding;

"cause of action" in suits founded on contract shall not necessarily mean the whole cause of action; but a cause of action shall be deemed to have arisen within the jurisdiction if the con tract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere;

"island" includes any atoll and any chain of islands about a single lagoon or connected by a continuous reef formation and any place which the Governor-General may by notice declare to be an island for purposes of this Ordinance;

"island magistrate" means a person for the time being appointed as such under section 9;

"suit" includes action, and means a civil proceeding commenced by writ of summons or such other means as may be prescribed and does not include any criminal proceeding;

"warrant", in relation to the constitution or jurisdiction of any island court, means the warrant appointing members to such island court as provided for in section 9(2).

3. (1) There shall be and are hereby constituted throughout Tuvalu courts of summary jurisdiction, to be known as island courts, subordinate to magistrates' courts, and to be presided over by persons appointed under the provisions of this Ordinance to be island magistrates and each island court, subject to the provisions of any other Ordinance, shall exercise such jurisdiction as is by this Ordinance provided.

(2) There shall be an island court in and for each such island as the Governor-General, acting in his discretion, shall by notice direct.

(3) Any power, authority, function or discretion vested in an island court by this or any other Ordinance or law shall be possessed and may be exercised by island magistrates sitting as in this Ordinance provided.

4. Subject to any express provisions contained in this or any other Ordinance or in its warrant, an island court shall exercise jurisdiction within the limits of the island within which it is situated and its jurisdiction shall extend over any territorial waters adjacent to such island as well as over inland waters within and adjacent to such island.

5. (1) Subject to the other provisions of this Ordinance and of any other law for the time being in force in Tuvalu, and island court shall have and exercise the jurisdiction in civil causes and matters for the time being set out in Schedule I and in criminal causes and matters for the time being set out in Schedule 2.

(2) The Governor-General, after consultation with the Chief Justice, may by notice add to, amend or delete, any part of Schedules 1 or 2.

6. (1) An island court may, in any case in which such sentences are authorised by law, pass the following sentences -

(2) An island court may pass any lawful sentence combining any of the sentences which it is authorised by law to pass.

(3) In determining the extent of an island court's jurisdiction under subsection (1) to pass a sentence of imprisonment the island court shall be deemed to have jurisdiction to pass the full sentence of imprisonment provided for in the subsection in addition to any term of imprisonment which may be awarded in default of payment of a fine, costs or compensation.

(4) When a person is convicted at one trial of 2 or more distinct offences the court may sentence him, for such offences, to the several punishments prescribed therefor which such court is competent to impose; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(5) In the case of consecutive sentences imposed by an island court in respect of 2 or more distinct offences arising out of the same facts it shall not be necessary for such island court to send the offender for trial before a higher court, by reason only of the aggregate punishment for the several offences in respect of which such sentences are imposed being in excess of the punishment which it is competent to impose on conviction of a single offence:

Provided that the aggregate punishment imposed in the form of consecutive sentences shall not exceed twice the amount of punishment which such island court is competent to impose in respect of 1 offence in exercise of its ordinary jurisdiction.

(6) For the purposes of appeal or review the aggregate of consecutive sentences imposed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.

(7) An island court may, in lieu of any other punishment, make an order placing an offender under the supervision of a probation officer or any other suitable person chosen by the court for that purpose for a period not exceeding 1 year and attach such conditions to the order as the court may think fit; and in the event of the offender's failure to comply with the order or of the commission of a further offence during the period of supervision, he shall appear before the island court which made such order and may be sentenced in respect of the first offence; and any sentence then passed upon him shall be in addition to any sentence imposed on him in respect of such further offence.

(8) Whenever an island court imposes a fine, or a sentence of which a fine forms a part, such court may, when passing judgment; order the whole or any part of such fine to be paid to any person in compensation for any loss or injury caused by the offence or in defraying any expenses incurred in bringing or prosecuting the charge.

7. Notwithstanding that it thinks any charge against an accused person is proved, an island court, if it is of the opinion that it is not expedient to inflict punishment, may make an order dismissing the charge either absolutely or conditionally.

8. (1) In this section, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say -

"young person" means a person who has attained the age of 14 years and is under the age of 17 years.

(b) unless the island court, having obtained and considered information about the circumstances of the offence and his age and character, is of the opinion that no other method of dealing with him is appropriate.

(4) No imprisonment imposed under subsection (3) shall exceed 1 month in duration.

(5) Where a child or young person is convicted by an island court of any offence for the commission of which a fine, damages or costs may be imposed, if such island court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without any other punishment, the island court may, and, in the case of a child, shall order that the fine, damages or costs awarded be paid by the parent or guardian of the child or young person convicted, instead of by such child or young person, unless the island court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person.

(6) In the case of any child or young person convicted by it of any offence, an island court may order his parent or guardian to give security in some sum not exceeding $20 for his good behaviour for any period not exceeding 1 year.

(7) An island court may require the attendance before it of any parent or guardian of any child or young person charged with an offence before the court and if such parent or guardian will not appear voluntarily may compel his attendance in like manner to that in which witnesses are compelled to attend.

(8) In lieu of any other sentence which an island court may lawfully impose on any male child or male young person, the provisions of section 6(1) to the contrary notwithstanding, it may order his parent or guardian to cane him with a specific number of strokes of a cane not exceeding, in the case of a child, 6 strokes, and in the case of a young person, 10 strokes; and any strokes so ordered shall be administered in accordance with such regulations as may, for the time being, be in force and in the presence of a member of the island court.

(9) Any parent or guardian who without lawful justification or excuse fails to obey an order given under subsection (8) shall commit an offence triable summarily by an island court, or other court of competent jurisdiction, and shall be liable to a fine of $10.

9. (1) Each island court shall be composed of 3 members, to be known as island magistrates, and who shall be president, vice-president and ordinary member of the court respectively; and the president shall take precedence of the other members and the vice-president shall take precedence of the ordinary member.

(2) The Governor-General, acting in accordance with the advice of the Public Service Commission, and subject to the approval either general or specific of the Chief Justice or a person authorized by him for the purpose, may appoint fit and proper persons to be the members of each island court, declaring which members shall be president, vice-president and ordinary member respectively, and, acting in accordance with the advice of the Public Service Commission and subject to the approval, either general or specific, of the Chief Justice or a person authorized by him for the purpose, may further appoint any person or persons to be temporary members for the purpose of filling any vacancy that may occur due to the temporary incapacity of a member:

(a) a member of a local government council established under section 3 of the Local Government Act; or

(d) a member or a special member of any committee of a co-operative society registered under the Co-operative Societies Act,

(2A) The Governor-General acting in accordance with the advice of the Public Service Commission and subject to the approval, either general or specific, of the Chief Justice or a person authorized by him for the purpose, may remove from office an island magistrate.

(3) Save as is otherwise expressly provided by any law for the time being in force in Tuvalu, every civil and criminal proceeding in any island court and all business arising therefrom shall be heard and determined by the 3 members of such court sitting together.

10. Any decision, whether final or not, of an island court shall be that of the 3 island magistrates of which such court is composed, or failing agreement between them, the decision of the majority of them shall prevail.

Procedure where island magistrate is unable to adjudicate by reason of personal interest, etc.

11. Where an island magistrate is a party to a cause or matter or is unable from personal interest or other sufficient reason to adjudicate on any cause or matter, he shall be replaced as a member of the court during such incapacity in accordance with the provisions contained in the court's warrant for the filling of casual vacancies, or, if for any reason his replacement under those provisions is not possible, the magistrate for the time being empowered to exercise powers of review under section 37 in respect of such cause or matter may direct some other island magistrate to act instead of the aforesaid island magistrate for the hearing and determination of such particular cause or matter.

12. (1) There shall be a clerk of court attached to each island court who shall be appointed by the Senior Magistrate and who shall, subject to the general supervision of the Senior Magistrate, be under the immediate direction and control of the island magistrates for the time being exercising the jurisdiction of the island court to which he is attached.

(a) to keep true and accurate minutes of all proceedings in the island court to which he is attached and to record minutes of all evidence given therein and the judgments, convictions and orders of such island court;

(b) to fill up or cause to be filled up all summonses, warrants, orders, convictions, recognisances, writs of execution and other documents and to submit the same for the signature of the island magistrate for the time being performing the duties of president of the island court concerned or as may, be otherwise prescribed or required;

(e) to receive or cause to be received all fees, fines and penalties and all other moneys paid or deposited in respect of proceedings in the island court and to keep or cause to be kept true and accurate accounts of the same; and

(f) to perform such other duties as may be assigned to him by the Senior Magistrate.

13. (1) Any process of an island court may be executed or served by any person authorised to do so by such court, either generally or in any particular case, and such person shall for all purposes of such execution and connected therewith be an officer of the island court.

(2) All police officers are hereby authorised and required to obey the warrants, orders and directions of an island court in the exercise of its criminal jurisdiction, and, in so far as such obedience may be authorised and required by any Ordinance in that behalf, of its civil jurisdiction.

14. No island magistrate shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, provided that he, at the time, in good faith believed himself to have jurisdiction to do or order the act complained of; and no officer of any island court shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the court issuing the same.

15. (1) The language of each island court shall be such language as the Senior Magistrate shall from time to time specify by order.

(2) In any proceedings in any island court in which the language spoken by any witness or party requires to be interpreted into the language of the island court, or vice versa, such island court may appoint any suitable persons as interpreters.

17. The procedure to be followed in any cause or matter shall be that for the time being prescribed in regulations made by the Governor-General with the approval of the Chief Justice under section 41.

18. (1) Each island court shall normally be held at the principal village on the island in which it is situated but should necessity arise, or the Senior Magistrate otherwise direct, it may be held at any other place within its jurisdiction.

(2) In construing this section, the principal village of any island shall be that village where the headquarters of the local government of and for the island are situated, or such other village as the Governor-General may by notice declare in respect of any island to be the principal village thereof.

(3) Each island court shall be held at least once in every calendar month and shall continue sitting, with such adjournments as the court shall deem necessary until all outstanding causes and matters have been dealt with fully:

Provided, however, that, subject to the provisions of this Ordinance, a sitting of an island court may be held at any time the presiding island magistrate thinks fit.

(4) Both civil and criminal matters, or either one or the other, may be heard, determined and dealt with at any sitting of any island court.

19. (1) Any island court may adjourn such court from day to day or to any convenient day.

(2) If the 3 island magistrates of which any island court is composed are not present at the time and place appointed for the sitting of an island court, any island magistrate or officer of the court or other person authorised in that behalf by the island magistrate may by giving public notice, oral or written, adjourn the sitting until such time and to such place as may have been communicated to him by the island court, or, in the absence of any such communication to such time and place as may be convenient; and all persons bound to be present at the sitting so adjourned shall be equally bound to be present at the time and place appointed by such notice.

(3) When any day appointed for the sitting of an island court falls on a Sunday or a public holiday, the sitting shall not take place on that day and the island magistrates shall in such case, if practicable, attend and transact the business appointed to be heard at such sitting as aforesaid on the day (not being a Sunday or a public holiday) next after the day appointed for such sitting.

21. All summonses, warrants, orders, convictions and recognisances and all other processes, whether civil or criminal, of any island court shall be issued or made under the hand of the island magistrate for the time being performing the duties of president thereof.

22. The attendance before an island court of accused persons and witnesses in any criminal cause or matter, or of parties and witnesses in any civil cause or matter, shall be secured in the manner prescribed in regulations made under section 41.

23. Any person attending any island court as a witness, or summoned or brought on a warrant before it for the purpose of giving evidence in any cause may be examined or give evidence on oath in the form or with the ceremony that he declares binding on his conscience.

24. Every island court shall keep such written records and furnish such returns as may be required by this Ordinance or as the Senior Magistrate may from time to time direct.

25. An island court may, of its own motion or on the application of any person concerned, report to a magistrate's court the pendency of any cause or matter which in the opinion of the island court ought to be transferred from it to any other island court or to a magistrate's court; and the magistrate's court shall by order direct in what mode and where the cause or matter shall be heard and determined.

26. (1) A magistrate's court may at any time and at any stage thereof transfer any civil cause or matter before an island court to any other island court or to itself, and such cause may be transferred either entirely or in respect of any part thereof or procedure required to be taken therein.

(2) The power of transfer shall be exercised by means of an order under the hand of a magistrate and the seal of the magistrate's court, and may apply to any particular cause or causes, matter or matters in dependence either entirely or in respect of any part thereof or procedure required to be taken therein, as may be described in such order.

(3) The magistrate's court making any order under the preceding subsection may at all times cancel, alter, add to or amend the same.

(4) The magistrate's court may, if it appear expedient, in the first instance cause the contents of any such order to be telegraphed, and any such telegram shall until receipt of the said order have the same validity and effect as if it were the said order.

27. (1) Every order of transfer shall operate as a stay of proceedings in the island court to which it may be addressed in any cause or matter to which the order extends or is applicable, and the process and proceedings in every such cause or matter, and an attested copy of all entries in the books of such court relative thereto, shall be transmitted to the court to which the same shall be transferred and thenceforth all proceedings in the cause or matter shall be taken in such court as if the cause or matter had been commenced therein.

(2) An order given under section 25 or section 26 shall not be subject to appeal.

28. Subject to the provisions of this or any other Ordinance for the time being in force in Tuvalu, an appeal shall lie from any judgement or decision, whether final or otherwise, of any island court to a magistrate's court –

(b) in any suit, civil cause or matter before it, in which the value of the property, debt or damage (whether as a balance of account or not) comprising the subject-matter of the claim exceeded $10;

29 (1) Subject to the provisions of this or any other Ordinance for the time being in force in Tuvalu, any person convicted on a trial before any island court and who has been sentenced in respect of such conviction to –

but not otherwise, may appeal to a magistrate's court against his conviction or against such sentence except when it is one fixed by law:

Provided however that no appeal shall lie in the case of any person who had pleaded guilty and been convicted on such plea except as to the extent or legality of the sentence.

(2) In this section," sentence" includes any order made on conviction with reference to the person so convicted

30. Notwithstanding anything hereinbefore contained a magistrate's court may entertain any appeal from an island court on any terms which it thinks just.

31 (1) When a magistrate's court has received the notice of any criminal appeal and the record of proceedings, the magistrate holding such court shall peruse the same.

(2) Where an appeal is brought on the ground, either so expressed or in words to like effect, that the decision is unreasonable or cannot be supported having regard to the evidence, or that the sentence is excessive, and it appears to the magistrate that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which would raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily dismissed by order of the magistrate certifying he as perused the record and is satisfied that the appeal has been lodged without sufficient ground of complaint.

32. (1) At the hearing of any criminal appeal the magistrate's court shall hear the appellant, or his advocate, if he appears, and the magistrate's court may thereupon confirm, reverse or vary the decision of the island court, or make such other order in the matter as to it may seem just, and may by such order exercise any power which the island court might have exercised:

Provided that a magistrate's court may, notwithstanding that it is of opinion that the point raised in such appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.

(2)At the hearing of any criminal appeal against sentence, a magistrate's court may, if it thinks that a different sentence should have been passed, quash the sentence passed by the island court and pass such other sentence warranted in law (whether more or less severe) in substitution therefore as it thinks ought to have been passed.

(3) if it shall appear to a magistrate's court on hearing any criminal appeal under this Part that a new trial ought to be had, it shall be lawful for such court, if it shall think fit, to order that the decision of the island court shall be set aside and that a new trial shall be had.

33 (1) In dealing with any criminal appeal under this Part, a magistrate's court, if it thinks additional evidence is necessary, may either take such evidence itself or direct it to be taken by any island court.

(2) When additional evidence is taken by any island court, such island court shall certify such evidence to the magistrate's court concerned which shall thereupon proceed to dispose of the appeal.

(3) Evidence taken in pursuance of this section shall be taken as if it were evidence taken at a trial before an island court.

34. (1) In any civil appeal under this Part a magistrate's court shall have power to draw inferences of fact and to give any judgment or make any order which ought to have been made and to make such further or other order as the case may require.

(2) For all purposes of and incidental to the hearing and determination of any civil appeal under this Part and the amendment, execution or enforcement of any order; judgment or decision made thereon, a magistrate's court shall have all the powers, authority and jurisdiction of any island court.

(3) If it shall appear to a magistrate's court on hearing any civil appeal under this Part, that a new trial ought to be had, it shall be lawful for such court, if it shall think fit, to order that the decision of the island court shall be set aside and that a new trial shall be had.

35. (1) It shall not be open, as of right, to any party to any civil appeal under this Part to adduce new evidence in support of his original case, but a party may allege any facts essential to the issue which have come to his knowledge after the date of the judgment or decision from which the appeal is brought and may adduce evidence in support of his allegations.

(2) A magistrate's court may in any case, if it thinks fit, allow or require new evidence to be adduced either by oral examination in court or by affidavit.

36. In the case of any civil proceedings neither notice of appeal nor an appeal shall operate as a stay of execution or of proceedings under the judgment appealed from, except so far as the island court which gave such judgment, or the magistrate's court above, may direct, and any such direction may be given with or without the application of either party.

37. (1) A magistrate may, either on his own motion or on the petition of any person interested therein, call for the record of any cause before an island court and, either without seeing such record or after seeing such record, as he may determine, and either without hearing argument or after hearing argument as he may determine, exercise in the case of any criminal proceedings or in the case of any suit, civil cause or matter the powers conferred by subsections (2) and (3) respectively and in the exercise of such powers he shall have all the powers, authority and jurisdiction vested in the island court which dealt with or determined the cause under review.

(a) subject to any law fixing a minimum penalty, reduce or alter the nature of but not increase a sentence; or

(b) subject to any law requiring a particular order to be made, set aside an order or modify an order in such form as he thinks fit; or

(c) set aside the conviction, in which case the person convicted, if under detention in respect of that conviction only, shall be forthwith set at liberty, or in the case of a fine having been imposed thereon such fine, if already paid, shall be refunded to the person fined, or if security has been required and given, he shall be freed from such security; or

(d) set aside the conviction and convict the accused person on the evidence of any offence of which he has not been specifically acquitted and of which he might have been convicted by the island court which convicted him and sentence him accordingly; or

(e) set aside the conviction and substitute a special finding to the effect that the person convicted was guilty of the act or omission charged, but was insane so as not to be responsible for his action at the time when he did the act or made the omission, and order such person to be kept in custody as a criminal lunatic in such place and manner as the Senior Magistrate may direct, and such special finding shall be forthwith reported for the order of the Governor-General who may order the person convicted to be confined in a mental health wing, prison or other suitable place of safe custody; or

(f) set aside the conviction and order a new trial before the island court which made the conviction in question or any other island court; or

(g) order further evidence to be taken either generally or on some particular point by the island court which passed the sentence or by any other island court, and order in the meantime any person who shall have been convicted to be liberated on bail or on his own recognisance; and

(h) make such order as justice may require and give all necessary and consequential directions:

Provided always that when a person convicted shall have appealed against such conviction or any sentence imposed in respect thereof under the provisions of this Ordinance relating to such appeals, a magistrate shall not exercise the powers conferred by this subsection:

And provided further that nothing in this subsection shall be deemed to authorise the conversion of a finding of acquittal into one of conviction.

(a) set aside any judgment, decision or order made by the island court and substitute any judgment or order which ought to have been made;

(b) direct the island court which gave the judgment or direction or made the order, or any other island court, to take further evidence either generally or on some particular point, and in the meantime order the stay of any proceedings for the execution of any judgment or order;

(c) set aside the judgment and order a retrial before the island court which heard and determined the proceedings in question or any other island court; or

(d) make any other order as justice may require and give all necessary and consequential directions:

Provided always that when a party shall have appealed against any judgment or order under the provisions of this Ordinance relating to appeals, a magistrate shall not exercise the powers conferred by this subsection.

(4) The powers conferred by this section shall not be exercised in respect of any case after the expiration of 12 months from the date of the passing of the sentence or the giving of judgment, order or decision terminating the proceedings in such case in the island court, and in respect of which the magistrate in question, or any predecessor of his, shall not up to then have taken any action.

(5) For the purpose of facilitating the exercise of the powers conferred by this section, the Senior Magistrate may, by order under his hand, direct that until such time as he shall otherwise order the clerk of any island court specified therein shall, at the end of each and every month, cause to be sent to the Clerk of the Senior Magistrate's Court true and complete copies of a list of all causes brought before such island court during that month.

(6) In the case of criminal proceedings there shall be set out in such list the names, sex and age of each defendant, the offence with which he was charged, his plea thereto, and, if convicted, the date of the conviction and the sentence or order in full.

(7) In the case of any suit, civil cause or matter there shall be set out in such list the names of the parties, the nature and subject-matter of the claim and brief details of the judgment of other order made.

38. No jurisdiction conferred on any island court by or under this Ordinance shall in any way affect the jurisdiction conferred on the High Court, or on any magistrate's court, but judges and magistrates shall have in all causes and matters, civil and criminal, an original jurisdiction concurrent with that of the several island courts:

Provided that no person shall be liable to be punished twice for the same offence.

39. The fees and costs for the time being prescribed to be paid in connection with any criminal or civil cause or matter in island courts may be demanded and received by the clerks thereof or by other persons appointed to receive such fees or costs:

Provided that, in the absence of the clerk from any island court or in the event of there being no such clerk or other person appointed to receive such fees and costs in any such island court, the island magistrate who is for the time being presiding over such island court may demand and receive such fees and costs.

40. All fees and costs payable under or by virtue of this Ordinance shall in the first instance be paid by the party applying for the summons, warrant, or other process or document in respect whereof the same are payable:

Provided that no fees shall be payable by any public officer or public department in any case instituted by any public officer when acting in his official capacity or in any case in which the island court endorses on the plaint, information or complaint, as the case may be, that it is a fit one for remission of fees on account of the poverty of the party or for any sufficient reason; and in every such case such fees and costs shall, in the discretion of the island court, be recoverable from the other party, if the decision be given against him.

41. The Governor-General may, with the approval of the Chief Justice, make such regulations as may seem to him expedient for the carrying into effect of any of the objects, intentions, and provisions of this Ordinance and, without derogation from the generality of the foregoing or of any other provision of this Ordinance relating to the making of regulations, for all or any of the following purposes –

(a) for regulating the procedure and practice to be followed in any cause or matter;

(d) for providing the form and manner in which any notice of appeal under Part V is to be given;

(e) for prescribing the time within which any notice of appeal under Part V is to be given and for providing for any extension thereof;

(f) for providing for the giving of security and for the payment of fees and costs in any civil appeal under Part V;

(g) for providing for the release from custody of any appellant pending the determination of any criminal appeal under Part V and for the giving of security by such appellant;

(h) for prescribing any fee, matter or thing which is required, or appears to be expedient, to be prescribed under or in connection with the provisions of Part V;

(i) for regulating the receipt of money paid into an island court or received or recovered under or by virtue of any process of execution or distress;

(j) for regulating the payment out of an island court of any money to any person entitled thereto;

(k) for prescribing books and forms of account to be kept or used in island courts;

(l) for prescribing fees, costs, amounts for service and execution of process which may be received by clerks of island courts and others in connection with the practice and procedure in island courts;

(m) for prescribing for the acceptance, retention and disposal of fees and costs;

(n) for prescribing provision for the payment of any sum, or sums, of money to persons required to attend any island court as witnesses for defraying their reasonable expenses, and allowing them reasonable compensation for their trouble and loss of time involved in any such attendance;

(o) for prescribing rules of evidence to be observed in proceedings before island courts;

(p) for providing for the appointment and terms and conditions of service of probation officers and for their powers, duties and functions;

(q) for prescribing for the administration of any punishment ordered under section 7(8).

1. Each island court shall have jurisdiction to entertain, hear, try, determine and otherwise deal with –

(a) any petition for divorce under the Native Divorce Ordinance or proceeding arising therefrom in which the petitioner is resident in the jurisdiction of the court and both the petitioner and the respondent are domiciled in Tuvalu;

(b) any personal suit, whether arising from contract or from tort, or both, in which the defendant is ordinarily resident within the jurisdiction of such court or in which the cause of action arose in such jurisdiction and where the value of the property, debt or damage claimed (whether as a balance of account or otherwise) is under $60;

2. For the avoidance of possible doubt it is hereby declared that no island court shall have jurisdiction to try any suit, civil cause or matter in respect of which original jurisdiction to hear and determine the same is conferred on any lands court by the provisions of the Native Lands Ordinance.

Any island court shall, subject to the limitations imposed by this Ordinance, have jurisdiction to hear, try and determine in accordance with the prescribed procedure any criminal proceedings arising in or from a charge made before such court that any person has committed, or is suspected of committing, within the jurisdiction of such court any offence the maximum punishment for which is a fine of $100 and 6 months' imprisonment, or any offence under the provision of the enactments set forth below, that is to say -

*Ordinance*	*Section or regulation in respect of which jurisdiction is conferred*
(i) Any Ordinance in which such jurisdiction is expressly conferred upon an island court;
(ii) Penal Code;	(i) Sections 60, 82 and 83; Cap. 8 (ii) Section 115 where the court or the proceeding in question is or is before an island court but not otherwise; (iii) Section 117; (iv) Section 133; (v) Section 167 (provided however that no island court shall exercise the power conferred by the proviso to the section); (vi) Sections 169 to 174 inclusive; (vii) Sections 181, 182 and 183; (viii) Sections 223, 237, 238 and 240; (ix) Sections 268, 269 and 270; (x) Section 285; (xi) Sections 254 (1), 272, 273, 274, 275, 306, 307 and 319 (1) where the thing stolen, cut, broken, severed, rooted up, ripped, damaged, destroyed, received or thrown down, as the case may be, is of a value not exceeding $50; (xii) Section 318; (xiii) Sections 322 and 323: Provided that in no case shall an island court pass upon any person convicted of an offence by it in exercise of the jurisdiction conferred by this Schedule a sentence in respect of that offence which is not authorised by section 6 or, where the person convicted is a young offender, section 8 of this Ordinance;
(iii) Local Government Ordinance;	Any offence created by any bye-law made under section 50; Cap. 19
(iv ) Marriage Ordinance;	Section 12 (6); Cap. 29
(v) Dogs Ordinance	Section 5, 6, 11, 14 and 22; Cap. 46
(vi) Traffic Ordinance;	Section 14, 20 (2), 23, 24, 25 and 30; Cap. 71
(vii) Public Order Ordinance	Section 15, 16, 25, 28, 29,and 34 Cap. 9

Islands in and for which it has been directed under section 3(2) that there shall be island courts

Niulakita and the island court in and for the island of Niutao shall be the island court for the island of Niulakita.

3. Charge to be in writing
4. Court may issue summons
5. No charge to be for more than 1 offence
6. Form and service of summons
7. Proof of service of summons
8. Service beyond jurisdiction of island court
9. Non-appearance of person summoned
10. When warrant may issue in first instance
11. Proceedings on arrest
12. Compelling attendance of witness
13. Charge to be laid within 6 months
14. When person charged does not appear and when attendance may be dispensed with
15. When person making the charge does not appear
16. Appearance of both parties, trial and adjudication
17. Warrant of commitment

18. Commencement of civil action
19. Service of summons on defendant and subpoena to any witness
20. Procedure at hearing of summons
21. Adjournment
22. Judgment
23. Non-appearance of plaintiff
24. Non-appearance of defendant
25. Allowance to witnesses
26. Mode of enforcing judgment
27. Default in compliance with order of court other than for payment of money

28. Appeals to magistrates' courts
29. Sittings, etc., of magistrate's court to hear, etc., appeals
30. Procedure on appeal
31. Notice of appeal
32. How respondents notified of appeals
33. Clerk of island court to notify magistrate's court
34. Clerk of island court to complete record
35. Translation and notification of parties
36. Discontinuance of appeal
37. Service of notices, etc., relating to appeals
38. Magistrate to peruse each record
39. Decision on appeal
40. Adjournment of hearing of appeal

41. Notice of summary dismissal of criminal appeal
42. Setting down criminal appeal and notice to respondent
43. Release on bail of appellant in custody and suspension of sentence pending appeal

44. Appellant entitled to be present at hearing of criminal appeal and powers of court if appellant fails to be present at any hearing

45. Security to be given for any civil appeal
46. Cross-appeal
47. Extension of time for civil appeal, amendment of grounds etc.
48. Failure of parties to appear at civil appeal.

50. Application of Criminal Procedure Code
51. Appearances
52. Extension of jurisdiction where more than one island court on the same island
53. Service beyond jurisdiction in divorce proceedings

"appellant" means a person who has appealed under Part V of the Ordinance or a person who is entitled so to appeal;

"decision" means any judgment, order or decision, whether final or otherwise, and includes any sentence;

"respondent" means, in the case of any criminal appeal, the prosecutor in the cause in which the decision appealed from was given, and, in the case of any civil appeal, means all parties (other than the appellant) to the cause in which the decision appealed from was given;

3. In all cases in which a charge is made before an island court that any person has committed or is suspected of having committed any offence within its jurisdiction, such charge shall be made on oath and shall be written down by such island court in Form 1 in Schedule 1.

4. Upon any charge having been written down as prescribed in the preceding regulation an island court may issue a summons directed to the person who committed, or is suspected of having committed, the offence referred to in such charge.

5. Every charge shall be for 1 offence only but it shall be lawful for a prosecutor to lay 1 or more charges against the same person at the one time; and the island court hearing the charges may, when it considers it necessary, deal with them either together or separately.

6. Every summons shall be in Form 2 in Schedule 1 and shall be in the language of the court and shall be served by a police officer or other person authorised under section 13 by delivering it personally to the person to be served or, if he cannot be conveniently found, by leaving it for him with some person at his last or most usual place of abode.

7. The person who serves the summons shall either make and file an affidavit of the service in Form 3 in Schedule 1 endorsed on a true copy of the summons served or attend before the court at the time and place mentioned therein to depose, if necessary, to the service thereof.

8. Where a person against whom a charge is made is beyond the jurisdiction of the island court before which such charge is made, but is within the jurisdiction of another island court, it shall be lawful for the first-mentioned island court, when a summons for the appearance of such person is issued and when the same has been backed by a certificate of a magistrate appointed under the Magistrates' Courts Ordinance, that in his opinion such service is just and proper having regard to the seriousness of the offence charged, the distance which the person served may have to travel in order to appear at the time and place named in the summons, and all other circumstances known or appearing to such magistrate to be relevant, to transmit the summons to that other island court with a request for the service thereof and on receipt of such summons such other island court shall direct that such summons be served; and in any such case the island court issuing the summons shall allow such time for the appearance of the person summoned as in the opinion of that island court is necessary to enable him to appear.

9. (1) If the person served with the summons does not appear at the time and the place mentioned in the summons, and it is made to appear on oath to the island court having cognisance of the proceedings that the summons was duly served within a reasonable period before the time for his appearance as aforesaid, such island court may issue its warrant in Form 4 in Schedule 1 to apprehend the person so summoned as aforesaid.

(2) A warrant issued under this or the next succeeding regulation shall remain in full force until executed by any police officer or member of the district police in any part of Tuvalu and no signature other than that of the island magistrate issuing it shall be necessary.

10. In all cases where a charge is made, an island court, if it thinks it expedient that a warrant should be issued in the first instance instead of a summons, shall cause the charge to be written down as required by regulation 3 and verified by the oath of the person making the charge and may issue a warrant in Form 4 in Schedule 1 to apprehend the person charged; and such a warrant may issue, notwithstanding that a summons in respect of the matter charged has been issued at any time before the time of the appearance in that summons mentioned:

Provided, however, that no warrant shall be issued under this regulation unless the island court issuing the same is satisfied by evidence on oath that the person to be apprehended is within its jurisdiction at the time when the charge is laid.

11. (1) When a person has been apprehended under a warrant, he shall be brought before the island court which issued such warrant and thereupon, either by warrant in Form 5 in Schedule 1, committed to prison, or, orally, to the custody of the officer apprehending him or to such other safe custody as may be thought fit; and the island court may order him to be brought up at a certain time and place before it and shall give notice accordingly to the person who laid the charge in question:

(2) Upon the request of the person who laid the charge as aforesaid when the person charged is brought before the island court upon being apprehended under paragraph (1), the island court may with the consent of the person charged proceed to hear and determine the charge forthwith.

12. (1) If it is made to appear to an island court that any person within its jurisdiction is likely to give or produce evidence which such island court thinks should be given or produced in any criminal cause or matter and such person will not appear voluntarily for the purpose of being examined as a witness or of producing that evidence such island court may issue a summons in Form 6 in Schedule 1 to such person requiring his attendance or the production of the aforesaid evidence which shall be sufficiently described in the summons.

(2) If the island court is satisfied by evidence upon oath that any such person as aforesaid will not attend unless compelled to do so, the island court may issue a warrant in Form 7 in Schedule 1.

13. Except where a longer time is specially allowed by law, no offence shall be triable by an island court unless the charge relating to it is laid within 6 months from the time when the offence was committed.

When person charged does not appear and when attendance may be dispensed with

14. If the person charged does not appear at the time and place of hearing mentioned in a summons, and it is made to appear on oath to the island court having cognisance of the proceedings that the summons was duly served within a reasonable period before the time for his appearance as aforesaid and if the island court does not think it expedient to issue a warrant for his apprehension, or if the court has before it any writing purporting to be a plea of guilty by the person charged to the charge in question and it is satisfied as to the correctness of such plea, such court may proceed to hear and determine the case without his appearance; and in any case in which it deems it appropriate to do so, an island court may cause an endorsement to appear on any summons issued by it notifying the person charged that such court may dispense with his personal attendance at the hearing if he pleads guilty to such charge in writing before the time fixed for hearing.

15. (1) If at the time and place appointed the person charged is before the court and the person making the charge, having had due notice, does not appear, the court may dismiss the charge or adjourn the hearing as to it seems fit.

(2) In the event of the charge being dismissed the court may make such order as to payment of compensation by the person making the charge to the person charged and his witnesses for loss of time as to the court seems just; and the compensation to be paid shall be limited to a sum or sums, not exceeding $1 for each day or part of a day of attendance of each person in respect of whom compensation is payable.

16. (1) If both parties appear, the court shall cause the substance of the charge to be stated to the person charged and ascertain his plea thereto.

(2) If the person charged pleads "guilty", the plea shall be recorded and he may be convicted thereon.

(3) If the person charged pleads "not guilty" or if, after a reasonable opportunity being given for him to do so, the person charged refuses to plead, the court shall hear the person making the charge and such evidence as he shall adduce; and the person charged shall have the right to cross-examine the person making the charge, if he gives evidence, and any witness called by him.

(4) The court shall then hear such evidence as the person charged may wish himself to give in his defence which evidence may be given on oath and, when he has concluded such evidence, if any, the evidence of any witness he may wish to call; and the person making the charge shall have the right to cross-examine the person charged, if he gives evidence on oath or affirmation, and any witness called by him.

(5) The clerk (or, if he is not present, the president) of the court shall take full notes of all evidence so given.

(6) The court shall then consider the matter and may then convict the person charged or dismiss the charge. The court shall thereupon declare aloud, and having done so, record, its decision and any punishment imposed or other order made by it in consequence of such decision.

17. If the court convicts the person charged and imposes a term of imprisonment by way of punishment a warrant of commitment shall be drawn up in Form 8 in Schedule 1, or as near thereto as the circumstances permit, and shall be signed by the president of the court.

18. For the purpose of commencing any action, the plaintiff may apply to the island court having jurisdiction for a writ of summons in Form 9 in Schedule 1 and the particulars of the claim shall be set out therein and signed and filed by such island court and a copy issued by it for service on the defendant.

19. (1) The copy writ of summons signed by the plaintiff shall be served by him, or by someone on his behalf, on the defendant personally; and if for any reason personal service cannot be promptly effected, the island court which issued the writ may, upon proof of the fact by the plaintiff and on being satisfied that the defendant is within the island and jurisdiction of such court, direct that the same be left with some person other than the defendant, if the court is satisfied that through such person the issue of the writ of summons and its contents will come to the knowledge of the defendant.

(2) Either party to an action may obtain from the island court before which a claim is made a subpoena in Form 10 in Schedule 1 to a witness to give evidence at the hearing, such court issuing the same upon request.

20. (1) Upon the hearing of any writ of summons an island court shall first cause the substance of the claim to be stated to the defendant and shall then ask him if he is, or is not, indebted; and if the defendant pleads "not indebted" the island court shall then hear the evidence of the plaintiff and such other evidence as he may adduce; and the defendant shall have the right to cross-examine the plaintiff and any witness called by him.

(2) The island court shall then hear such evidence as the defendant may wish himself to give in support of his case and, when he has concluded such evidence, if any, the evidence of any witness he may wish to call; and the plaintiff shall have the right to cross-examine the defendant if he gives evidence and any witness called by him.

(3) The clerk (or if he is not present, the president) of the court shall take full notes of all evidence so given.

21. (1) Notice of any adjournment given by an island court in the presence of both parties shall be deemed a sufficient notice to them of such adjournment.

(2) If at the time and place appointed by an island court for any adjourned hearing either or both the parties do not appear, such island court may then and there proceed with the further hearing of the case as if the party or parties were present.

22. On completion of the hearing by any island court it shall give judgment by making such order in the matter as in the nature of the case seems just.

23. If the plaintiff does not appear on the day named in any writ of summons for the hearing thereof, the island court may dismiss the summons and order payment by the plaintiff to the defendant and his witnesses, if he and those witnesses have attended the place of hearing, of such compensation for loss of time as to such court seems just.

24. If a defendant does not appear on the day named in the writ of summons for the hearing thereof, the island court may, upon proof that the same has been served and the plaintiff proving to the satisfaction of such court the claim sought to be enforced make an order upon such writ of summons as the nature of the case demands; and such order may provide for the payment by the defendant to the plaintiff and his witnesses, if he and those witnesses have attended at the place of hearing, of such compensation for loss of time as to the island court seems just.

25. Compensation paid under the provisions of the 2 last preceding regulations shall not exceed $1 for each day or part of a day of attendance of each person in respect of whom compensation is payable.

26. (1) Upon a judgment of an island court for any sum of money such court may –

(a) order the sum to be paid forthwith, and in default of payment order that the defendant be imprisoned; or

(b) order the sum to be paid by instalments and in default of the payment of any instalment order that the defendant be imprisoned:

Provided that any imprisonment ordered under this regulation shall not exceed the following scale –

Provided further that no order of imprisonment under this regulation shall be made unless it is proved to the satisfaction of the court that the person making default has, or has had since the date of the judgment, the means to pay the debt but refuses or neglects to do so.

(2) For the avoidance of any possible doubts, it is declared that the undergoing of any period of imprisonment ordered under this regulation for the non-payment of any debt shall not extinguish that debt.

27. (1) Unless otherwise provided in the law on which such order is based, a person disobeying for a period of 7 days any order of an island court other than for the payment of money may, upon application being made to the court and on proof that the order has been disobeyed, be ordered to pay a sum not exceeding $1 for every day during which he has disobeyed the order, or to be imprisoned until he consents to obey the order.

(2) No person shall, for disobeying any such order as is mentioned in this and the last preceding regulation, be liable to imprisonment for a period or periods amounting together to more than 3 months or to payment of any sums exceeding in the aggregate $50.

28. Subject to any direction made by the Senior Magistrate under section 4 of the Magistrates' Courts Ordinance, an appeal from any island court shall be dealt with, heard and determined by the magistrate's court which ordinarily sits nearest to the place in which the island court is situated.

29. The sittings, forum and venue of any magistrate's court for the purpose of dealing with, hearing or determining any appeal shall, subject to these Regulations and to any directions given by the Senior Magistrate (either generally or with regard to any particular case) be settled by the magistrate holding such court.

30. (1) An appeal, whether civil or criminal, from any decision of an island court to a magistrate's court shall, subject to the other provisions of this regulation, be commenced by the appellant giving notice of appeal in writing in the Form prescribed in regulation 31 to the clerk of such island court within 21 days after the day on which such decision was given.

(2) Where an appeal lies to a magistrate's court from any decision of an island court in any criminal cause, such island court shall, immediately after announcing such decision, inform the person convicted, if he is in court and not represented by a legal practitioner, of his right to such appeal and of the time within which such appeal may be brought; and if, upon receiving such information, the person convicted declares verbally to the court that he intends so to appeal, such declaration shall for all purposes of these Regulations have the same effect as a written notice of appeal given in accordance with the provisions of paragraph (1).

(3) For the purpose of paragraphs (1) and (2) the day on which the decision of an island court is given, where such court has adjourned the trial after conviction, shall be the day upon which the court sentences or otherwise deals with the offender.

(4) Where it appears to a magistrate's court, on application made to it in accordance with the following provisions of this regulation, that any person wishing to appeal to that court from any decision of an island court has failed to give the notice of appeal as required by paragraph (1) or has failed to give such notice within the time prescribed, the magistrate's court may, if it thinks fit, allow such person to give notice of appeal within such period as it may specify or direct that any notice of appeal given by such person after the expiration of the period prescribed by paragraph (1) be deemed to have been given within the time prescribed.

(5) An application made under paragraph (4) shall be in writing stating the grounds upon which it is made and shall be sent by the applicant to the clerk of the magistrate's court having jurisdiction; and in the event of such court's granting the application, notice of its decision shall be sent by the clerk of the magistrate's court to the respondent.

31. A notice of appeal for the purposes of these Regulations shall be in writing in Form 11 in Schedule 1 and shall, where indicated in such Form, state clearly the grounds of appeal, and shall be signed by the applicant.

32. (1) Within 3 days of receiving any notice of any civil appeal the clerk of any island court shall give notice of it to the respondent or respondents to the proceedings in question by sending to him, or to each of them, a copy of the notice of appeal duly endorsed by the clerk with the date of its receipt by him.

(2) Notice to the respondent in the case of any criminal appeal shall be given by the magistrate's court in accordance with the provisions of regulation 42.

33. (1) Upon receiving any notice of appeal under these Regulations, the clerk of an island court shall forthwith cause particulars thereof to be sent to the clerk of the magistrate's court having jurisdiction; and such particulars may be sent by post, or by telegraph, but in any case shall be despatched so as to reach the clerk of the said magistrate's court not later than 24 hours after receipt by the clerk of such island court of such notice.

(2) The clerk of the island court shall thereafter comply with any directions he may receive from the clerk; of the magistrate's court with regard to the despatch of the record of appeal to the magistrate's court or as to its retention and safe custody pending the neat sitting of such magistrate's court at or near the place at which the island court has been held.

34. Within 7 days of receiving any notice of appeal under these Regulations the clerk of any island court shall, without the application of any party, make up and complete a record of appeal which shall consist of the notice of appeal, the pleadings, if any, all documents admitted as evidence or tendered as evidence and rejected in the original proceeding, true copies of the notes of the evidence in such proceeding and the judgment or order of the court.

35. It shall be the duty of the clerk of the magistrate's court forthwith upon receipt of any record of appeal to arrange for the translation of any paper or document, or any part thereof, not in the English language into such language by an interpreter duly appointed under section 58 of the Magistrates' Courts Ordinance; and the clerk shall also notify to the parties thereto the time and place fixed for the hearing of any appeal.

36. (1) An appellant may discontinue any appeal by giving notice in writing not later than the third day before the day fixed for the hearing of the appeal to the clerk of the island court against the decision of which the appeal is brought and such clerk shall thereupon give notice of the discontinuance to the clerk of the magistrate's court and to the respondent.

(2) Where notice to discontinue an appeal has been duly given by the appellant, the island court against the decision of which the appeal was notified may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant.

(3) Where notice to discontinue any criminal appeal has been given by the appellant, any recognizance conditioned for the appearance of the appellant at the hearing of the appeal shall have effect as if conditioned for the appearance of the appellant before the island court from the decision of which the appeal was notified at a time and place to be notified to the appellant by the clerk of that court.

37. Any notice of appeal or other document relating to any appeal required Service of under these Regulations to be served on any person may be served by delivering notices, etc., the same to him personally or by sending it by Post in a registered letter addressed to him at his last known or usual place of abode.

38. When the clerk of any magistrate's court receives the record of any appeal, he shall, as soon as practicable after the completion of any translation required under regulation 35, deliver it to a magistrate who shall forthwith peruse the same.

39. (1) When a case is decided on appeal by a magistrate's court, it shall certify its judgment or order to the island court by which the decision appealed against was given.

(2) The island court to which a judgment or order is certified under paragraph (1) shall thereupon make such orders as are conformable to the judgment or order of the magistrate's court and shall take such steps as may be necessary to enforce such judgment or order.

40. A magistrate's court may at any stage adjourn the hearing of any appeal under these Regulations.

41. Whenever a criminal appeal is summarily dismissed notice of such dismissal shall forthwith be given by the clerk of the magistrate's court to the appellant.

42. If the magistrate's court does not dismiss the appeal summarily it shall set the same down for hearing and shall notify the appellant and the respondent of the time and place fixed for the hearing and, unless the appeal is against sentence only, supply copies of the record of appeal to the parties.

Release on bail of appellant in custody and suspension of sentence pending appeal

43. (1) Where a convicted person gives notice of appeal under these Regulations, the magistrate's court having jurisdiction, or the island court which convicted such person may, if, in the circumstances of the case, it thinks fit, with or without hearing any party, order that the convicted person, if he be in custody, be released on bail upon entering into a bond upon his own recognizance, with or without sureties, conditioned upon his due appearance at the hearing of the appeal or order that the sentence or order against which the appeal is pending be suspended pending the determination of the appeal; and the bonds to be entered into by any appellant and by sureties under this regulation shall be in Forms 12 and 13 respectively in Schedule 1.

(2) Where any appellant has been released on bail or the sentence is suspended, the time during which he is at large after being so released, or during which the sentence has been suspended, shall be excluded in computing the term of any sentence, to which he is for the time being subjected.

(3) An appellant whose sentence is suspended but who is not admitted to bail shall during the period of such suspension be treated in like manner as a prisoner awaiting trial.

(4) Where any person, having given notice of appeal under these Regulations, has for the purpose of his release from custody entered into a recognizance conditioned for his appearance at the hearing of the appeal, the clerk of the island court from the decision of which the appeal is brought shall, before the day fixed for the hearing of the appeal, send the recognizance if taken before such court to the clerk of the magistrate's court.

Appellant entitled to be present at hearing of criminal appeal and powers of court if appellant fails to be present at any hearing

44. (1) Any appellant, notwithstanding that he is in custody, shall be entitled to be present, if he so desires, at the hearing of any appeal.

(2) Any appellant who has been admitted to bail under this Part shall be personally present at each and every hearing of his appeal and at the final determination thereof; and in the event of such appellant not being present at any such hearing or determination, the magistrate's court dealing with the appeal, may, if it thinks right to do so, decline to consider the appeal and may proceed summarily to dismiss the same and may issue a warrant for the apprehension of the appellant:

Provided, however, that a magistrate's court may consider an appeal under this Part in the absence of the appellant if it thinks fit so to do or make such other order as to it seems just.

(3) A magistrate's court, on the application of any person, or, if it thinks right so to do, without application, may make revoke or vary any such order previously made or enlarge from time to time the recognizance of the appellant or his sureties or substitute any other surety for a surety previously bound.

45. (1) The appellant in any civil appeal under these Regulations shall give to the clerk of the island court concerned, within 7 days of the time of the lodging therewith of the relevant notice of appeal, security for the prosecution of the appeal and for all such costs as he may be ordered to pay. Such security shall be in the following amounts -

(a) where the subject matter of the judgment appealed from exceeds $20 in value....$3

(b) in all other cases............................................................................$2

(2) In the event of security not being given as prescribed in paragraph (1), all proceedings in the appeal shall be stayed and, unless the magistrate's court having jurisdiction otherwise orders, a formal order of dismissal shall be made at the sitting of the magistrate's court at which the hearing of the appeal would otherwise have taken place.

47. The magistrate's court before which any appeal under this Part is, or is to be, heard may extend the time for any such appeal or amend the grounds of appeal or make any other order on such terms as such court shall think fit to ensure the determination on the merits of the real question in controversy between the parties.

48. (1) If the appellant therein fails to appear in person, or by legal practitioner on his behalf, when an appeal under this Part is called on for hearing the appeal shall, on proof of service on the appellant of notice of the hearing, stand dismissed with costs:

Provided that when such an appeal has been dismissed owing to the non-appearance of the appellant, or any legal practitioner representing him, the magistrate's court may, if it thinks fit, and on such terms as to costs or otherwise as it may deem just, direct the appeal to be re-entered for hearing.

(2) If the respondent fails to appear, either in person, or by legal practitioner representing him, when the appeal is called on for hearing, the magistrate's court shall, on proof of service of notice of hearing, proceed to hear the appeal ex parte.

49. The fees set forth in Schedule 2 may be demanded and received by the Schedule 2 clerks of island courts, or by other persons appointed to receive such fees for and in respect of the several matters mentioned therein.

50. In all criminal proceedings in or before any island court, where no other provision is made by the Ordinance or these, or other, Regulations made under it, the practice and procedure to be followed by such island court shall, unless the Senior Magistrate, either generally, or in any special case, directs otherwise, be in accordance with the practice and procedure required by the Criminal Procedure Code to be followed in summary trials before magistrate's courts.

51. Any person may appear on his own behalf in any cause before any island court or, with the leave of such court, he may be represented by any person he nominates for that purpose.

52. Notwithstanding anything contained in these Regulations, where there are more than 1 island courts on an island, the jurisdiction of such courts shall, for the purposes only of issuing warrants, summonses or any other process, extend over the whole of that island.

53. (1) Whenever the respondent to a divorce petition is out of the jurisdiction of the island court before which the petition is brought but is within the jurisdiction of another island court, or, where there is no island court, of a magistrate's court, the first mentioned island court may transmit the petition and such other documents as may be required to be served upon the respondent, to that other island court or magistrate's court, as the case may be, and such court shall direct service of the same.

(2) Upon proof of the service of the petition and other documents referred to in paragraph (1) and after a reasonable time has been allowed for the respondent to enter an appearance, the island court before which the petition is brought may set it down for hearing, and a summons for attendance shall be served upon the respondent in the manner set forth in paragraph (1) for the service of a petition, and upon proof of the service of such summons the petition may be proceeded with.

(3) The island court before which the petition is brought may accept as proof of service a written communication or a telegram issuing from the court that directed service.

CRIMINAL CASE NUMBER ....../......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .....................................
.................................................................................................................

STATES (on oath) that ................................................................................................................
.................................................................................................................

on the .........................................................................................................

at ..............................................................................................................

in the Island of .................................................... did .................................................................

*Taken or *sworn before me, President of the above-mentioned Island Court this ............ day of.................... 19.....

.............................................................
Signature of President of Island Court

CRIMINAL CASE NUMBER...... /.......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .....................................

To ................................................................................................................................................

YOU are hereby commanded to appear before the above-mentioned Court sitting at ............. on the .................... day of ................................. at ................. o'clock in the *fore/after/noon there to answer the charge of ......................................................................................................

that you did on the ................................ at .................................................................................

........................................... you did ................................................................ which is
(Here put place of alleged offence) (Here set out alleged offence)
contrary to the following law –

(Here give number of section or regulation and the name of the law under which it was made)

I .........................................................................................................................................

DO MAKE OATH and say that I did on the ............ day of ...................... 19.... serve a true copy of the .................................. within-written summons on the person to whom the same is addressed by delivering the same to ............................... at ...........................................

CRIMINAL CASE NUMBER ....../.......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF ...................................

BRING ........................................................................................................................................

before this Court to answer a charge laid against him by................................................

................................................................................................. and substantiated by oath that he

address of person making the charge)
at ....................................................................................................................................... on the

DID ................................................................................... contrary to the following law –

(Here give number of section or regulation and the name of the law under which it was made)

CRIMINAL CASE NUMBER ......./......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .....................................

TO: Each and all police officers in Tuvalu and the Officer in Charge of the Prison at ................................................................. ...........................................................has

been brought before me under arrest to answer a charge laid against him that he did ......................................................................................................................................................

.................................................................................................................

You, the said police officers, are therefore commanded to take .................................................

............................to the said prison .......... and there deliver him together with this warrant
person charged)
to the Officer in Charge thereof who is hereby directed to receive him into custody in the said prison and there keep him safely until the .............. day of ............... 19..., and then have him at .........................................................................................................................at .............

at .................. o'clock in the ............ noon before the Court there sitting.

CRIMINAL CASE NUMBER ......./.......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .................................

TO: ......................................................................................................................................................

WHEREAS a charge has been made by ......................................................................................

that...............................................................................................................................................

has committed an offence under .................................................................................................

.................................................................................................................

AND it appears to me that you are likely to be able to give or produce material evidence on behalf of........................................................................................................................................

YOU ARE therefore commanded to appear before this Court sitting at ........................... on the ............... day of .................... 19.... at ........... o'clock in the ................ noon to testify what you know in the matter and to bring with you and produce thereat:
......................................................................................................................................................

CRIMINAL CASE NUMBER ....../........
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .....................................

WHEAREAS a charge has been made by ...................................................................................

..................................................... that .........................................................................................
person making the charge) (Here put the name
.................................................................................................................

AND it appears to me by the oath of .........................................................................................
that ..............................................................................................................................................

will not attend to give or produce evidence on behalf of the .....................................................

.................................................................................................................

You, the said police officers, are therefore commanded to bring the said ..................................
........................................................... before this Court sitting at ............................

(Here put name of witness)
on the ............. day of ............... 19 .... at ............ o'clock in ............... noon to testify what he knows in the matter and to bring with him and produce thereat .................................................

CRIMINAL CASE NUMBER ......./.......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF .....................................

TO: Each and all the police officers in Tuvalu and to the Officer in Charge of the Prison at ........................................................................ ..........................................................
(Here put place of prison) (Here put name of person committed to prison)
was on the ......... day of ................ 19.... duly convicted before this Court for ..............

(Here put date of conviction)
.................................................................................................................(Here state the offence which the person committed was convicted of and the section or .................................................................................................................regulation number and the name of the law under which. the charge was laid)

AND the above-mentioned Island Court has adjudged the said ................................................. ............................................................................. for this offence to be imprisoned in the
(Here put name of person committed to prison)
above-mentioned prison for a term of ........................................................................... from

..............................................................................................

You, the said police officers, are therefore commanded to take the said ....................................

................................. safely to the said prison and there deliver him to the Officer in Charge
the person committed)
thereof who is hereby directed to receive him and to imprison him for the said term of ...........................................................
(Here repeat term of imprisonment)

CIVIL CASE NUMBER ......../...........
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF ................................

BETWEEN ..........................................................................................................

AND ....................................................................................................................

TO: ...............................................................................................................................................

You are commanded to appear before this Court sitting at ................. on the ............... day of ......................... 19.... at ......... o'clock in the ................................... noon to answer a claim

against you by ..............................................................................................................................

AND TAKE NOTICE that if you fail to appear as aforesaid the Court may proceed to hear and determine the claim in your absence.

The Plaintiff claims (here state the particulars of the claim and the order of the Court which is sought).

CIVIL CASE NUMBER ......./............
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF ................................

BETWEEN ......................................................................................................................

AND ................................................................................................................................

TO: ...........................................................................................................

WHEREAS a writ of summons has been filed in an action between the above-mentioned Plaintiff and the above-mentioned Defendant.

AND WHEREAS the above mentioned ......................................................................................

has requested the Court to issue a subpoena to you to give evidence at the hearing:

YOU are therefore commanded to attend before this Court sitting at ........................................

on the .......... day of .................... 19..... at ...............o'clock in the .............................................

noon in order to give evidence in the above-mentioned action on behalf of the said party.

Signed by me this ....................................... day of ....................... 19....

IN THE MATTER OF *Criminal/Civil Case Number ..................................................

BETWEEN .........................................................................................................

AND ....................................................................................................................

TAKE NOTICE that I, the *plaintiff *defendant in the above-mentioned proceedings intend to appeal against the

UPON the grounds that .................................................................................

Dated at ................. this .................. day of ................. 19...

CRIMINAL CASE NUMBER......../......
IN THE ISLAND COURT OF AND FOR
THE ISLAND OF ...............................

BE IT REMEMBERED that whereas .........................................................................................

(Here put name of person convicted)
was convicted on the ....................... day of ...................... 19.... and was

(Here put date of conviction)
sentenced to .............................................................. by the above-mentioned Island Court

(Here put sentence)
and is now in lawful custody and whereas he has now duly appealed against his conviction and sentence to the Magistrate's Court and has been granted bail by the said ............................
............................................................................................... Court upon his entering into his
(Here put either "Magistrate's" or "Island" as the case may be)
own recognisance in the sum of $ ..........................and with.....................................................

(Here put amount of his own recognisance) (Here put number of sureties)
sureties each in the sum of $ ..................................................

THE SAID .........................................................................................personally comes before

(Here put name of person convicted)
me and acknowledges himself to owe to Her Majesty the Queen the said sum of
$ ........................................................................................... of good and lawful money
(Here put amount of the recognisance of person convicted)
of Tuvalu to be made and levied of his goods, chattels, lands and tenements to the use of Her Majesty the Queen, Her Heirs and Successors, if the said .........................................................

TAKEN AND ACKNOWLEDGED this ........................ day of ............ 19.... at............................ before me:

Magistrate of the above-named Island Court or Clerk or Magistrate of the Magistrate's Court

The condition of the above-written recognisance is such that if the said .......................................................................... shall personally appear and (Here put name of person convicted)
surrender himself at and before the Magistrate's Court at each and every hearing of his appeal to such Court and at the final determination thereof and to then and there abide by the judgment of the said Court, and in the meantime not to depart out of Tuvalu, then this recognisance shall be void or else stand in full force and effect.

(Here put day on which recognisance given)
.................................of .................................. and.............................................................

(Names and addresses of sureties)
of ..................... personally came before me and severally acknowledged themselves to owe to Her Majesty the Queen the several sums following that is to say the said ............................................................................................................................. the sum of

(Here put name of first surety)
........................................................ and the said ......................................................................
(Here put amount of first surety) (Here put the name of the second surety)
the sum of ........................................................................................................... of good and

lawful money of Tuvalu to be made and levied of their goods and chattels and lands and tenements respectively to the use of Her Majesty the Queen, Her Heirs and Successors if ........................................................................................................................

(Here put name of person convicted)
now in lawful custody at ....................................................................................................

(Here put place person convicted is in custody)
fail in the condition hereon endorsed.

TAKEN AND ACKNOWLEDGED before me the undersigned the day and the year first hereinbefore written.

Magistrate of the above-mentioned Island Court or Clerk or Magistrate of the Magistrate's Court

The condition of the above-written recognisance is such that whenever the said ...................................................................... having been convicted of an

(Here put name of person convicted)
offence by the above-mentioned Island Court and sentenced to imprisonment for .................................................................. by it for such offence and having duly appealed

(Here put term of imprisonment)
against his conviction (and sentence) and been granted bail upon his entering into a recognisance in the sum of $ ...........................................................................................

(Here put amount of convicted person's own recognisance)
With .......................................................... sureties each in the

(Here put number of sureties)
sum of $ ................................................the said .......................................................

(Here put amount of sureties). (Here put name of person convicted)
shall personally appear and surrender himself at and before the Magistrate's Court at each and every hearing of his appeal to such Court and at the final determination thereof and not depart or be absent from the said Court and at every such hearing without the leave of the Court and in the meantime not depart out of Tuvalu, then this recognisance shall be void or else stand in full force and effect.

$ c
For putting into writing any charge when person laying the charge is not a police officer......................................................................................................................... 1 00
For issuing any summons or warrant to apprehend in any proceedings in which the person laying the charge is not police office....................................................... .50
For taking any recognisance.................................................................. 50

1. For filing any writ of summons and issuing a copy thereof for service where the value of the property, debt or damage claimed –

(i) does not exceed $20.........................................................................50

(ii) exceeds $20 but does not exceed $40 .................................................1 00

(iii) exceeds $40 but does not exceed $60 .................................................1 50

For issuing any summons to any witness ............................................................50
Forbearing any civil suit, per hour or part of an hour ..............................................50
For receiving notice of any civil appeal and making up any record (in addition to security provided for in regulation 45) .......................................................................1 50

2. In addition to No. 1, where service is to be effected on any person more than two miles from the nearest Court House and where that journey is to be performed by land, a fee of 5 cents per mile with a minimum fee of 5 cents. The amount of the fee payable under this item is to be calculated without reference to the return journey.

3. In addition to Nos. 1 and 2, reasonable travelling expenses actually incurred by the officer effecting service. Where an officer is engaged on more than one service the Court may order that the sum payable under this item be apportioned.

4. Seizure .............................................................................................4 00

5. For every arrest in a civil case ...................................................................2 00

6. In conveying to prison from place of arrest a fee not exceeding 30 cents per day with reasonable travelling expenses actually incurred.

7: For executing process of attachment or committal ..........................................4 00

8. For any duty not herein provided for........................ Such sum as the court may allow.

The Senior Magistrate has appointed as Clerk to each Island Court in Tuvalu the Island Executive Officer respectively appointed to the local government council having authority over the area of jurisdiction of such Island Court.

The Senior Magistrate has specified the Tuvalu language as the language of each Island Court in Tuvalu:

(a) On the island of Nui, the Gilbertese language may be used if the court and parties prefer;

(b) English may be used in any case in which a person who does not speak English is before the Court if the members of the court are familiar with English.

(c) Returns of court cases furnished under the provisions of section 37 of the said Ordinance shall be in English;

(d) The record of any case called for by the Magistrate or Senior Magistrate or produced for purposes of review or appeal shall be translated into English by the Clerk to the respective Island Court.

In exercise of the powers conferred by section 37(5) the Senior Magistrate has directed that until such time as he shall otherwise order the Clerk of every Island Court in Tuvalu shall at the end of each and every month cause to be sent to the Registrar of the High Court, Funafuti, true and complete copies of a list of all cases brought before the Island Court of which he is Clerk during that month.

2. In accordance with section 37(6) in the case of criminal proceedings there shall be set out in such list the names, sex and age of each defendant, the offence with which he was charged, his plea thereto and, if convicted, the date of the conviction and the sentence or order in full. In the case of any suit, civil cause or matter there shall be set out in such list, in accordance with the provisions of section 37(7), the names of the parties, the nature and subject-matter of the claim and brief details of the judgment or other order made.

Nanumea	Nukufetau
Nanumanga	Nukulaelae
Niutao	Vaitupu
Nui

Nanumea	Nukufetau
Nanumanga	Nukulaelae
Niutao	Vaitupu
Nui

Amount	Maximum period
Not exceeding $2 .....................	7 days;
Exceeding $2 but not exceeding $4	14 days;
Exceeding $4 but not exceeding $20	6 weeks;
Exceeding $20 .........................	2 months

*CRIMNAL	) ) )	JURISDICTION
*CIVIL

Tuvalu Consolidated Legislation

Island Courts Ordinance