PUBLIC RECORD OFFICE
6
Reference :-
TWITHC.O.8
882
2
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Penalty for not
obeying summons
to Stipendiary
Coort.
Penalties for in-
or any officer of the Court.
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LXVII. Any person who, having been duly served with any summons issued by a Stipendiary Magistrate, shall refuse or neglect, without sufficient cause, to appear or to produce any books, papers, or writings required by such summons to be produced, and also every person present in Court who, on being required to give evidence, shall refuse to be sworn or give evidence, shall forfeit and pay a fine not exceeding 10%. sterling.
LXVIII. If any person shall wilfully insult a Stipendiary Magistrate, or any Bulting magistrate clerk, or officer of the Court during his sitting or attendance in Court, or in going to or returning from the Court, or shall wilfully interrupt the proceedings of the Court or otherwise misbehave in Court, it shall be lawful for any officer of the Court, with or without the assistance of any other person, by the order of the Magistrate, to take such offender into custody, and detain him till the rising of the Court, and the Magistrate shall be empowered, if he shall think fit, by a warrant under his hand, to commit any such offender for a time not exceeding seven days, or to impose upon such offender a fine not exceeding 51. for any such offence, and in default of payment thereof, to commit the offender for any time not exceeding seven days, unless the said fine be sooner paid.
Penalty for insult- ing officer or rescuing goods
taken in execution.
Berrice of process by usbers,
Penalties to be
LXIX. If any officer of a Stipendiary Court shall be assaulted while in the execu- tion of his duty, or if any rescue shall be made or attempted to be made, of any goods levied under process of the Court, the person so offending shall be liable to a fine not exceeding 201., to be recovered by the order of the Court, and it shall be lawful for any peace officer, in any such case, to take the offender into custody (with or without warrant), and bring him before such Court accordingly.
LXX. Any process issuing out of a Stipendiary Court, may, when the Stipendiary Magistrate shall so specially order, be served or executed by the District Court Usher of the district, who shall thereupon receive fees to be taxed by the Stipendiary Magia- trate in accordance with the Tariff of the District Court in such matters.
LXXI. All penalties which shall be imposed, and all costs and damages which enforced by seizure shall be awarded by any Stipendiary Magistrate, may be recovered by seizure and sale and imprisonment. of the goods of the person against whom they shall be imposed or awarded, or of so much of the said goods as may be requisite for such recovery; and, failing sufficient distress, the party may be condemned to imprisonment at the following rate, viz. :-
When the fine or costs, or both, amount to 51, or less, for a number of days equal to the number of shillings due by him. Such imprisonment, however, shall never exceed thirty days.
Delays of appeal.
Forms of bonds,
Where more than 5l., to any time not exceeding sixty days.
LXXII. The delay of appeal from any judgment or order of a Stipendiary Magis- trate or of a Court of Petty Sessions is from henceforth limited to five days from the date of the Judgment or order appealed from instead of the delay of ten days as fixed by Article 19 of Ordinance No. 15 of 1852.
In any case other than between master and servant, a party condemned to the payment of any sum exceeding 101., or to imprisonment exceeding one month, may appeal from such condemnation.
LXXIII. Any forms of bonds, engagements, tickets, or passes, prescribed by any tickets, &c., may be law relating to immigrants or labourers, may from time to time be altered by regula-
tions to be passed as hereinafter mentioned.
altered.
Governor may em- power clerks to pass contracia, &c.
Regulations
LXXIV. It shall be lawful for the Governor to authorize any clerk or officer attached to the Stipendiary Court to perform all acts necessary for the passing of contracts of engagements and discharges of labourers, in lien and stead of the Stipen- diary Magistrate of such Court, subject to such regulations as may be from time to time in that behalf made by the Governor in Executive Council, and published in the Government "Gazette."
All contracts of engagement and discharges, passed or issued by any clerk or officer so authorized as above, shall be as valid and effectual, to all intents and as if passed or issued by the Stipendiary Magistrate.
purposes,
LXXV. The Governor in Executive Council shall have power to make regulations, and from time to time to add to, alter, or revoke the same, for the purpose of carrying out the provisions of this Ordinance, and of any other laws in force at the time, being relative to immigration, or to masters and servants, and for establishing a tariff of fees leviable on proceedings to be had before the Stipendiary Courts, and on the delivery of tickets or other documents by the Protector of Immigrants and by Stipendiary Magis- trates; which regulations may provide that any person contravening any Article thereof shall be liable in such penalty, not exceeding 101. sterling, as in such regula- tions shall be provided for such contravention.
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All such regulations, upon being published in the "Government Gazette," shall be as valid and effectual as if they had been contained verbatim berein.
A Table of such fees shall be put up in some conspicuous place in the Court House, and in the Clerk's office.
The fees on every proceeding shall (unless otherwise provided by the regulations aforesaid) be paid in the first instance by the complainant or party instituting the proceedings.
Provided that in any case of complaint made by a labourer against his employer, it shall be in the discretion of the Stipendiary Magistrate before whom such complaint is made, to dispense the labourer from payment of such fees.
LXVI. All complaints for contraventions of Ordinance No. 29 of 1865 and of Complaints to be this Ordinance, may be made to and adjudicated on by the Stipendiary Magistrate of tried by stipendiary the district in which the servants reside to which the said complaints refer.
magistrates.
LXVII. All penalties provided by this Ordinance or by any regulations which Recovery of shall be made in virtue thereof, shall be sued for and be recoverable before a Stipen- penalties. diary Magistrate.
LXVIII. The following laws and parts of laws, viz. :—-
Ordinance No. 2 of 1845.
5
19
39
1849.
"3
事务
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7 1849.
6 1850.
"
"
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18 1852.
"
22
"
"
15 1854.
"
35
"
"
21 1854.
12
1855.
"
29
"
22
1857.
13
23
19
80 1859.
19
"
""
2 1859.
35
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"
"
"
"
18 1864.
Article 14 of Ordinance No. 16 of 1862.
And Article 26 of Ordinance No. 29 of 1865.
Are hereby repealed, but reserving the operation of the said laws in so far as they regard any right or interest which shall have been acquired under the same, prior to this Ordinance coming into operation.
mation.
1867.
LXXIX. This Ordinance shall come into operation on a day to be fixed by Procla-
Passed in Council, at Port Louis, Island of Mauritius, this 29th day of November,
(Signed) JOHN DOUGLAS,
Secretary to the Council of Government,
Published by order of his Excellency the Governor.
(Signed)
FELIX BEDINGFELD, Colonial Secretary.
SCHEDULE.
Old Immigrant's Ticket.
Name of Immigrant Number
Name of Father
Name of Mother
Age (in letters)
Stature (in feet and inches)
Carte
Mark
Native Country
Number of Vessel by which introduced
This immigrant is free to engage himself. Delivered this
Portrait.
186
(Signed)
Protector of Immigrants.
Repeal of former lawi.
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