PUBLIC RECORD OFFICE
Reference :-
C.O.882
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
William Edward
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resigned his situation in the Government service, and that you had accepted his resignation.
You will provide the Royal Commissioners with a copy of your despatch.
I have, &c.
(Signed)
No. 18.
KIMBERLEY,
Governor the Hon. Sir A. H. Gordon, K.C.M.G., to the Earl of Kimberley.—(Received
(No. 125. Legislative.) My Lord,
May 8.)
•
Mauritius, April 4, 1872.
I HAVE the honour to transmit, for Her Majesty's gracious allowance and confirmation, an Ordinance entitled "An Ordinance to confer certain powers on the Commissioners appointed by Her Majesty the Queen to make inquiry into the condition of Indian immigrants in the Colony." This Ordinance has been framed on the model of that passed in British Guiana, of which a copy was inclosed in your Lordship's despatch No. 39 of 12th February, the only difference of any moment being that the power to enter on estates in the prosecution of their inquiries is, in the present enactment, given to the Commissioners by an express clause to that effect in the Ordinance itself.
I have, &c.
ARTHUR GORDON.
(Signed)
Inclosure 1 in No. 18.
Ordinance No. 11 of 1872.
An Ordinance (enacted by the Governor of Mauritius and its Dependencies, with the advice and consent of the Council of Government thereof) to confer certain powers *on the Commissioners appointed by Her Majesty the Queen to make enquiry into the condition of the Indian Immigrants in this Colony.
(L.S.)
ARTHUR GORDON. April 4, 1872.
WHEREAS Her Majesty the Queen has been pleased to appoint William Edward Frere, Esquire, and Victor Alexander Wilkinson, Esquire, to be Commissioners to make inquiry into the condition of the Indian immigrants in this Colony, and also into all matters and things whatsoever into which they may be required or empowered to inquire, in virtue of their Commission.
And whereas it is expedient to confer certain powers in the said Commission. Be it therefore enacted by his Excellency the Governor, with the advice and consent of the Council of Government, as follows:-
1. The said Commissioners, William Edward Frere, Esquire, and Victor Alexander
Frere, Esquire, and Williamson, Esquire, are hereinafter called "The Commissioners.'
Victor Alexander
Williamson,
Esquire, to be
alled "The Com.
Dlusioners."
Summoning of Witnesses to give
vidence and to roduce papers.
Attendance and kamination of Vitnesses.
roduction of
pers. ervice of
ummonses.
2. It shall be lawful for the Commissioners, by summons, in such manner and form as they shall think fit, to require the attendance before them, at a place and time to be mentioned in the summons, which time shall be a reasonable time from the service of such summons, of any person whomsoever whose evidence, in the judgment of the Commissioners, may be material to the subject matter of the inquiry to be made by them, and to require every such person to bring with him, and to produce to the Commissioners, such books, papers, and writings of every description, as to the Com- missioners shall appear necessary to be produced to them, and every such person shall be bound to attend the Commissioners, and to answer all questions put to him by, or by the leave or in the presence of the Commissioners, touching the subject matter of such inquiry, and to produce all such books, papers, and writings whatsoever in his possession or custody, or under his control, according to the intent of the summons.
3. Every summons shall be served by an Usher of the Supreme Court or of any
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District Court of the Colony, in like manner as summonses are served in cases in the
said Supreme Court or in the District Courts, and the said Usher shall be allowed, Actual expenses of besides the actual travelling expenses involved in such service, a sum of two shillings servios allowed. for every summons served by such Usher within the provisions of this Ordinance.
4. Every person implicated or interested in the inquiry may tender evidence on Persons interested his own behalf, and such evidence may be received or rejected by the Commissioners may tender as to them shall seem right.
evidence.
5. It shall be lawful for the said Commissioners to enter and inspect any asylum, Further powers of hospital, school, camp of labourers, or other establishment of any kind in which the Commissioners. Indian immigrants are received, and also to enter upon any estate or premises, except private dwelling-houses, in which any immigrant is employed or located, and to investigate the condition and state of any immigrants who may be therein respec- tively, and may require any such immigrants, in any such places respectively, to be brought before them upon any such visit; and the said Commissioners shall moreover have the right, when making any such entry, inspection, or visit, to call for and inspect any or every book, register, roll, or other written record kept on any plantation or estate, asylum, hospital, school, camp of labourers, or other establishment of any kind in which Indian immigrants are received, except private dwelling-houses, regard- ing the attendances, absences, wages, hospital treatment of, or other matter concerning immigrants employed on the said estate.
as to witnesses and
Administration of
6. The Law of Mauritius, relating to witnesses and evidence, shall be applicable Law of Mauritius to all witnesses appearing, and to all evidence taken, before the Commissioners; any one of whom is hereby authorized to administer an oath, or an affirmation or declara-vidence to apply. tion, when an affirmation or declaration would by such Law be allowable, to any oath, &c. witness appearing before them.
7. If any person, on whom any summons shall have been duly served, shall fail to Person summoned appear in obedience thereto, without any lawful excuse for such default, it shall be and not appearing, lawful for the Commissioners to certify such default under their hands, and such
how dealt with. certificate, without proof of any signature thereto, shall be evidence of such default; and on the production of such certificate to, and motion ex parte by, the Ministère Public before any Judge of the Supreme Court of this Colony, it shall be lawful for such Judge to cause such person to be brought before him, and, after hearing such person, to adjudge such person to pay a fine not exceeding 201., and to be imprisoned for not more than thirty days unless that fine be sooner paid.
Commissioners,
8. If any person so summoned as aforesaid, and appearing before the Commis- Persons guilty of sioners, shall refuse to be sworn, or to make an affimation or declaration, when an affirmation or declaration may be allowable, or if any person whether summoned or how dealt with. contempt before voluntarily attending, having been duly sworn, or having made affirmation or declara- tion, as a witness shall refuse to answer any question put to him by, or by leave and in the presence of the Commissioners, touching the matters in question in the inquiry, or to produce and show to the Commissioners any books, papers, or writings what- soever, being in his possession or custody, or under his control, which the Commis- sioners may think necessary to be produced, or if any person shall, in the presence of the Commissioners, be guilty of any contempt of them or their office, the Commis- sioners shall have such and the same powers, to be exercised in the same way, as any Judge or Judges of the Supreme Court of this Colony, sitting in any Court, may now exercise in that behalf; provided that any punishment to be awarded, under this section, shall not be more than a fine, not exceeding 201., and imprisonment, not exceeding thirty days, unless such fine be sooner paid; and all gaolers, officers, and Ocers to aid constables of police in this Colony are required to give their aid and assistance to the Commission. Commissioners in the execution of their office.
Witnesses,
9. All witnesses duly summoned, and attending to give evidence, shall be paid Remuneration of their reasonable travelling expenses, and remuncration at a rate per diem according to the tariff for witnesses in force in the Supreme Court of Criminal Justice of this Colony, and all such witnesses shall have their bills taxed by the Master of the Supreme Court.
10. The amounts to be paid to witnesses, and all other expenses attending the Expenses how paid." inquiry before the Commissioners shall be paid by the Colonial Treasury.
11. Any witness who shall willfully give false evidence before the Commissioners Witnesses giving shall be deemed guilty of giving false evidence, and shall be liable to punishment false evidence to be accordingly, in all respects, as if the said false evidence had been given in a criminal guilty of perjury. cause for or against a prisoner.
12. Every certificate, summons, or other paper or writing required to be signed, Quorum of may be signed by either of the Commissioners, and shall be as valid as if signed by Commissioners.