PUBLIC RECORD OFFICE
Reference -
TUCO 882
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2 PUBLIC RECORD OFFICE, LONDON
noted as due on certificate of
discharge.
Subrogation in claims for wages.
Seizure of real estate for wages.
Old immigrants' portrait ticket.
Recall of old immi- grants' ticketa without portraits.
Portrait ticket to be produced on
Article of Ordnance No. 15 of 1852, shall state that any amount of wages remain unpaid to the labourer discharged, the raagistrate shall, upon the production of the certificate, condemn the employer to pay to the labourer the wages which appear to be due to him, granting a reasonable delay for the payment into Court of the amount so
due.
XXXVII. Whenever a stipendiary magistrate shall have given a judgment con- demning an employer to the payment of any sum for arrears of wages or salaries, any third party may obtain subrogation into the rights and privilege of the labourers or employés under such judgment, by paying into the hands of the Stipendary Magistrate the amount due under such judgment, and by thereupon obtaining from the Magistrate a subrogative receipt, under the hand and seal of the Magistrate, for the amount paid, which receipt the Magistrate shall be bound, if required, to give at the time of the money being paid.
XXXVIII. Whenever, in execution of any judgment for compensation or wages, there shall not have been found sufficient goods and chattels to satisfy the said judgment, the stipendiary magistrate may issue a writ of execution against any real estate belonging to the debtor, in whatever district the same may be situated; but no such writ of execution shall be acted upon without the authority of one of the judges of the Supreme Court, and the return of such writ shall be made to the Registrar of the said court.
Upon such authority being obtained, the writ shall be notified to the employer in the form of a "commandement;" and the seizure shall thereupon be made subject to the delays prescribed by law between the "commandement" and the seizure.
The proceedings of the sale of such estate shall be made and taken under the authority of the Supreme Court, in the form and manner prescribed by the law existing at the time being.
If such estate be already under seizure, the creditor under any such judgment as aforesaid may ask of the master of the Supreme Court subrogation in the seizure, upon the simple production of the said writ of execution issued by the stipendiary magistrate as aforesaid.
XXXIX. The Protector of Immigrants shall, upon proof to him of any immigrant having duly completed his industrial residence, register such immigrant as an old immigrant, giving him a ticket as such, with his portrait thereon, and in the form of the schedule hereunto annexed.
No fee shall be charged for any such ticket, but the cost of the portrait affixed thereto shall be paid by the immigrant according to the rate fixed by the regulations in that behalf.
XL. All tickets which, prior to the passing of this Ordinance, shall have been issued by the Protector to old immigrants without portraits affixed thereto, shall be delivered up to the Protector, who, in lieu thereof, shall deliver to such immigrants tickets as prescribed by Article, 39.
XLI. At and after the expiration of three calendar months from the date when this Ordinance shall come into operation, no contract of service shall be passed before any engagement of old Stipendiary Magistrate between any employer and an old immigrant excepting upon
production by such immigrant of a ticket in the form prescribed in Article 39.
im.nigrants.
Old immigrants' tickets without
XLII. At and after the last mentioned period, no ticket other than in the form prescribed in Article 39 shall be of any avail as proof of the status of old immigrant of portraits to be null the party described therein. And the holder of any ticket other than in the above form
shall be liable to be detained and forwarded to the Protector of Immigrants.
after a certain date.
Declaration of abode, &c., to be
made by old immigrant.
The present Article shall not apply to any immigrant engaged under written con- tract of service entered into prior to the said period fixed in Article 41 and still unexpired.
Provided always that any such immigrant shall be bound, upon being discharged from such contract of service, to appear forthwith before the Protector of Inimigrants, and to exchange his ticket as aforesaid.
XLIII. Every old immigrant not under engagement by written contract of service, shall be bound to appear at the central station of police for the district in which he is resident, and then and there to justify to the inspector of police or such other officer as shall be designated in that behalf by regulation to be made as hereinafter provided, his status of old immigrant by production of his ticket, and further to declare to the said officer his place of above, and occupation, employment, or other means of subsistence. The said officer shall thereupon deliver to such immigrant, a pass in the form provided by regulations to be made under this Ordinance; the counterpart whereof shall be filled up and kept on record at the said central station.
Every immigrant on completing his industrial residence and receiving an old
7
immigrant's ticket, and every old immigrant on the expiry of his written contract, shall, within eight days (unless before the expiry of that time he shall re-engage under written contract of service), appear before the said officer of police of the district in which he resides or has taken up his abode, and shall make declaration as above: where- upon the said officer shall issue his pass as hereinbefore provided.
XLIV. Every old immigrant having obtained such pass as aforesaid, shall be bound, New declaration on on change of residence, to appear before the inspector or other officer of police as afore- change of abode. said, of the district in which he resides or is about to reside, as the case may be, and shall obtain from the said officer a new pass in similar form to his former pass, which he shall deliver up to the said officer. On the new pass shall be endorsed the number and date of any former pass, and the district from which the same shall have been issued.
XLV. At and after the expiration of three calendar months from the date when Pass to be produced with old immigrant. this Ordinance shall come into operation, no contract of service shall be passed before on engagement any Stipendiary Magistrate between any old immigrant and an employer, except upon production by such immigrant of a pass duly issued to him under the provisions of the two last preceding Articles.
Nevertheless such pass shall not be necessary if such engagement be entered into within eight days following the completion of any previous written contract of service, or of industrial residence.
XLVI. At and after the period fixed in Article, 45, any old immigrant not being old immigrant not engaged under written contract of service passed prior to the above period, who shall fail, producing pass or on demand of any Magistrate, or of the police, to produce his pass issued under the certificate liable to provisions of the said Articles 43 and 44, or a certificate of engagement duly signed by
any
a stipendiary magistrate, shall be liable to be detained and forwarded to the Immigra- tion Depôt, and be there further detained until inquiries shall have been made about him; and if, upon the result of such inquiries, it shall appear that he is not following bond fide employment, whether on his own account or in the service of a third party, and that he has no visible means of subsistence, he shall be deemed and taken to be a vagrant, and may be dealt with as such. If, upon the result of such inquiries, it shall appear that he is not a vagrant, he may be sent back to the district in which he resides, to obtain a pass under the provisions of Articles 43 or 44.
arrest as vagrant.
declaration.
XLVII. Whenever any Stipendiary Magistrate shall have reasonable grounds for Penalty for obtains thinking that any old immigrant to whom shall have been issued a pass under the provi- ing pass on false sions of Articles 43 or 4-4, is not bond fide resident, occupied, or employed in the manner declared by such immigrant on obtaining his said pass, or that such immigrant is without any fixed place of residence, or without any bond fide occupation, employment, or means of subsistence, it shall be lawful for such magistraie to issue a summons; and, in default of compliance therewith, to issue a warrant for the appearance before him of auch immigrant; and if, after due investigation, the said Magistrate shall be satisfied that the said immigrant has falsely declared any of the above particulars, or that he is without fixed residence, occupation, employment, or means of subsistence, thereupon the said Magistrate may condemn him as a vagrant.
XLVIII. Any immigrant found in a district where he has no residence, or in Apprehension of any house or premises, and being unable to give a satisfactory reason for his being in vagrant immigrant. such district, house, or premises, as the case may be, may be arrested by any officer or constable of police, without warrant, and brought before the Stipendiary Magistrate of the district in which he shall have been found, who shall have power to forward him to the Immigration Depôt to be there detained until inquiries shall have been made about him, and, according to the result of such inquiries, such Immigrant shall either be discharged from the Depôt, or be otherwise dealt with according to law.
XLIX. Any labourer who shall absent himself from his work without the leave Absence from work of his employer, or any justifiable cause, shall be considered guilty of an unlawful held to be unlawful absence, and liable to the judgments enacted against unlawful absences in Article XVIII absence. of Ordinance No. 16 of 1862.
and from dwelling L. Any labourer under written engagement who shall absent himself from his Absence from work
during three days work without the leave of his employer, or any justifiable cause, and shall moreover abscond from his dwelling-place, for a space of more than three consecutive days, shall held to be descr be considered a deserter, and shall be liable to be apprehended and punished as such tion. by imprisonment hat exceeding three months.
Provided always that any such desertion shall be deemed to have been condoned by the employer, if the latter shall have allowed the labourer to resume work without previous prosecution for such offence.
The punishment imposed in and by Article XIII of Ordinance No. 4 of 1864