PUBLIC
RECORD
OFFICE
Reference :-
885
9 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
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PART I.
Duties of the medical officers.
The sub-
officers of gration De
the Immi-
partment. Authority
of Immi-
gration Agent-
General.
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act as the medical officer to the plantations on which there are immigrants employed, and as medical attendant to the hospitals certified under this Act; and every such officer shall be responsible to, and act under the directions of, the Immigration Agent-General.
13. One of the medical officers shall, at least once in every month, visit every plantation upon which immigrants are indentured, and shall on every such visit inspect the condition of the hospital, and of the dwellings of immigrants, and shall ascertain whether the provisions of this Act in that behalf have been duly complied with, and shall every half year make report to the Immigration Agent-General of the condition and management of all hospitals and plantations visited by him during the last six months, and of the condition the dwellings of immigrants on such plantations, and of the yard and grounds about the same, and shall, at any time when specially required by the Immigration Agent-General, visit any planta- tion for the purpose of investigating, and shall, after such visit, or after any regular visit to a plantation, report specially upon any matter affecting the sanitary con- dition of the immigrants on such plantation upon which his report may be required by the Immigration Agent-General.
14. The Governor may appoint such number of sub-agents of immigration, clerks, interpreters, or other officers residing within the said province as may be necessary for the performance of the ordinary or any special duties of the Immigra- tion Department, at such salaries as shall be deemed proper.
15. The Immigration Agent-General shall, subject to the control of the Governor, have authority over the several sub-agents, clerks, interpreters, and other persons employed in his office, and shall assign to each his duties, and may delegate to a sub-agent the exercise or performance of any of his functions or duties, but without diminution of his own responsibility, and may, when conducting any in- vestigation on a plantation, require the presence and assistance of one of the medical officers, and may also employ such persons as he may deem necessary as interpreters or judges of work, and may award any such person for his services a sum not ex- ceeding Twenty Shillings for each day that he shall be so employed; and all ex- penses so incurred by the Immigration Agent-General, or by a sub-agent acting under his directions, and all travelling expenses incurred by the Immigration Agent- General, or by his subordinates under his directions, or by the medical officers of this department, in the discharge of their respective duties, which shall be attested by proper vouchers, shall be paid as hereinafter provided.
Penalty for 16. Every person who shall molest, hinder, or oppose the Immigration Agent- obstructing General, or any medical officer appointed under this Act, in the due execution of immigra-
his duty, or in the exercise of any of the powers or authorities conferred upon him tion officers.
by this Act, shall be deemed guilty of a misdemeanor, and shall, on conviction, be liable to the payment of a fine not exceeding Ten Pounds, or to imprisonment, with or without hard labour, for any time not exceeding six months, or to both.
Expenses
17. Every Emigration Agent shall transmit his accounts to the Immigration of the emis Agent-General, with proper vouchers, at such times as the Governor shall direct, gration
and the amount of all necessary expenses incurred by him in the collection, mainten- offices.
ance, medical attendance, and inspection of emigrants, and for the conveyance to this province, and of all just and reasonable expenses incurred by him in, or incidental to, the sending back to their homes of any Indian emigrants who may be rejected at the port of embarkation, or to the sending back to the port from which they sailed of any Indian immigrants entitled to free return passages under this Act, which shall be attested by proper vouchers, shall be paid as hereinafter provided.
PART II.
Expense
of depart
ment
charged on general revenue.
PART II.
Fiscal Provisions.
18. The cost of the Indian Native Immigration Department of the said Terri- tory, including the salaries of the Immigration Agent-General, sub-agents of immi- gration, and other persone employed in the duties of the immigration office within the said Territory, the salaries of the medical officers to the department, and all expenses incurred as aforesaid by the Immigration Agent-General, or under his
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authority, in discharging the duties of his office (but not the salaries of emigration PART II. agents and other persons employed without the limits of the colony, or any other expenses incurred without such limits), shall be defrayed out of the general revenue of the said province.
Fund.
19. The Northern Territory Immigration Fund shall be debited with the whole The Immi- annual cost of immigration (exclusive of such charges as are defrayed out of the gration general revenue under the preceding section), including the salaries of the emigra- tion agents and their subordinates, and all expenses incurred by such emigration agents in the performance of their duties without the limits of the said province, the expenses of the introduction of immigrants, of the immigration depôt, and for the back passages for such immigrants as are or shall become entitled to a free passage to the port or place from whence they emigrated, and such fund shall be credited with all sums of money paid by the employers of emigrants for indenture fees, and with such sum as shall be annually appropriated to that purpose out of the general revenue by the Parliament of the said province.
I
due to the
20. The Immigration Agent-General shall, on behalf of the said province, sue Recovery for and recover in a summary way all debts which may at any time become due and of debts payable to the said Immigration Fund, and shall, in respect to all sums of money Immigra due and promissory notes made payable to the said Immigration Fund on account tion Fund.` of any immigrants indentured on a plantation, have and hold for the same a preferent lien on such plantation over and above all liens and claims, charges and mortgages, legal and equitable, except liens and preferent bequests of the Crown, and such as have been allowed or created by any Act: Provided that, in the case of plantations under lease, where the consent of the lessor has not been given to the lessees' application for the immigrants in respect of whom such preferent lien is claimed, the plantation shall not be subject thereto except to the extent of the interest of the lessee in his lease.
21. In case any plantation in respect to which promissory notes shall have been Lien to be given by any employer under this Act shall be sold by private contract or by judicial subsistent. sale, or shall devolve by inheritance, demise, or otherwise, the preferent lien of the Immigration Agent-General upon such plantation for the amount of all such promissory notes, with interest, shall subsist and continue notwithstanding such sale and notwithstanding any transfer or transmission.
to Immi-
22. Immediately upon any such sale, the purchaser shall be bound to make out Personal and deliver to the Immigration Agent-General on behalf of the said province, in responsi- lieu of any such promissory notes which may be outstanding, a new promissory note, bility of payable at the same dates as such outstanding note, with interest thereon as from purchaser the day of sale; and if any purchaser shall neglect or refuse, on demand from the gration Immigration Agent-General, to make out and deliver as aforesaid any such new Fund. promissory note, the whole of such outstanding promissory notes shall immediately fall due and become payable in cash, and the same may be forthwith recovered in a summary manner against such plantation.
claim.
23. In any proceedings taken for the recovery of the amount of any promissory Manner of notes given, or any sum of money payable to the said Immigration Fund, in respect enforcing of any immigrant allotted to or indentured on a plantation, it shall not be neces- sary to show that the person who signed such promissory notes in the allotment to him of such immigrant, or to whom such immigrant was duly allotted or indentured, was the employer or other person entitled under this Act to have such immigrant allotted or indentured to him, in respect to the plantation from which such amount or sum is sought to be recovered; but it shall be sufficient to show that such immi- grant was duly allotted or indentured, as the case may be, to perform service on such plantation.
24. All sums of money which may be received in respect of immigrants by the Order of Immigration Agent-General, or otherwise, to which any employer shall be entitled, disburse- by whom any still outstanding promissory notes may have been given under this menta Act, shall be applied in the first place to the payment of such promissory notes, from Im whether they shall at the time have become due and payable or not and in the order Fund. in which they shall fall due, and any interest which may have accrued shall be paid before the principal, and the balance of such sums shall be paid in cash to the employer entitled to the same.
migration