PUBLIC RECORD OFFICE
Reference:
EPIC.O. 882
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH——NOT TO
PUBLIC RECORD OFFICE, LONDON
orphans and lunatics of Indian ex- traction.
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Protector to 18. The Protector of Immigrants is hereby ap- act as guar- pointed to act as guardian ex-officio to all orphans of dian to Indian extraction, and to all minors of Indian extraction whose parents cannot be found, whether such orphans and minors are born in this Colony or elsewhere, if such orphans or minors have no relatives in this Colony competent to form a family council for them, in conformity with the requirements of the Civil Code. He is also hereby empowered' to act as guardian ex-officio to all Indian lunatics who have no relatives in the Colony by law qualified to elect a guardian and sub-guardian for them. In all such cases the Protector shall have full power to perform of his own authority as guardian of the orphan or minor or lunatic, as the case may be, any such acts, as under the Civil Code of this Colony can only be performed with the approval of a family council."
Power of the Protector to visit and inspect
estates at any time.
Power to call for and inspect
books, &c. on estates.
-.
19. The Protector, or any inspector of immigrants, may at any time enter into and upon any plantation or estate, asylum, hospital, school, camp of labourers, dwelling of labourers, or other establishment of any kind, except private dwelling-houses, in which immigrants are received, or upon which any immi- grant is employed under any written contract of service, or upon which he may reasonably suppose that any such immigrant is so employed; and inspect the state and condition and general treatment of the immigrants, and the state and condition of their dwell- ing-houses and hospital accommodation, and may re- quire any such labourer, in any such places respectively, to be brought before him upon any such visit, and may inquire into any complaint which the employer may bave to make against any immigrant, or which any immigrant may have to make against the employer, or which may be reported to him by the medical attendant of the estate, or otherwise be brought to his notice; and may, either before or after such inquiry, lay an information or make a complaint in his own name on behalf of any immigrant against the employer, or against any other person, before the stipendiary magistrate of the district, and may, if necessary, lay such information or make such com- plaint in any of the courts of law of the Colony other than that of the stipendiary magistrate of the district, having jurisdiction to hear, try, and determine the offence or other matter charged against such employer or other person; and the Protector of Immigrants shall watch the information or complaint on behalf of such immigrant, and may,
if necessary, carry the same for review before any superior court having jurisdiction in the case, and may in all re- spect act on behalf of such immigrant as if he himself were the principal in the cause, and shall report the course of such proceedings from time to time and the final result thereof to the Governor.
20. The Protector of Immigrants, or any inspector of immigrants, shall have the right, when making such visits, to call for and inspect any and every book register, roll or other record kept on any plantation or estate, asylum, hospital, school, camp of labourers, or other establishment of any kind in which Indian labourers are received, except private dwelling-houses, regarding the attendances, absences, wages, hospital treatment of, or other matter con- cerning labourers employed on the said estate.
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intervene
21. In any case of appeal against any judgment of Power of the any stipendiary magistrate, the Protector of Immi. Protector to grants shall have the right to intervene and appear in appeals. on behalf of any immigrant having an interest in the cause.
Protector to institute
22. When any action of damages shall lie at the Power of the instance of any immigrant aforesaid, against any person chargeable with any official duty in relation actions for to any complaint by or against such immigrant, or in damages in relation to any matter arising out of any contract of certain cases. service of such immigrant, such action being grounded on any neglect or misconduct in relation to such duty, the Protector of Immigrants shall (subject to the orders of the Governor) have the right to insti- tute and carry on such action, and to obtain and cause to be executed judgment therein for and on behalf of the said immigrant. Any such action at the instance of the said. Protector shall not be challengeable on the ground that it embraces the rights of action of two or more immigrants concerned, provided the said rights are founded on the same facts and law; but without prejudice to the court or magistrate before whom such action may be brought, directing that the proceedings in the same be conducted in such manner, by way of division or separation of the said rights or interest, as may be deemed just by the said court, judge, or magistrate.
behalf of an
23. Whenever the Protector of Immigrants shall Power of the be of opinion that the interest of any immigrant re- Protector to quires that a complaint should be lodged against the prosecute on employer, on account of any offence or contravention Immigrant against the provisions of this Ordinance, it shall be lawful for him to enter such complaint, and prosecute the same, even against the will of the immigrant.
Provided that such power shall only be set in motion when the immigrant's interest would be otherwise endangered, or when there shall have been such a violation of the law, as it would not be expedient that the immigrant should be allowed to pass over or condone.
24. The Governor may appoint some duly licensed. The medios! medical practitioner to be medical officer to the officer to the Immigration Immigration Department.
Department.
25. The medical officer to the Department shall, Duties of the at least once in every six months, visit every planta- medical offi-
oer to the tion upon which immigrants are indentured, and
Department. shall on every such visit inspect the condition of the hospital, and of the camps and dwellings of immi- grants, and shall ascertain whether the provisions of this Ordinance in that behalf have been duly complied with, and shall, every half year, make a report to the Protector of the condition and manage- ment of all hospitals and plantations visited by him during the last six months, and of the condition of the dwellings of immigrants on such plantations, and of the camps in which the same may be situated, and of the performance of their duties under this Ordinance by the medical attendants herein-after described, and shall, at any time when specially required by the Protector, visit any plantation for the purpose of investigating, and shall, after such
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