「༴། ཟ།། །
PUBLIC RECORD OFFICE
ساسانيا
Reference :-
885
9 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PART V.
Transfer at
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were occasioned by jealousy, in regard to such female immigrant, of any other person employed on the plantation, it shall be lawful for the Justice of the Peace in his discretion to make order for the removal from the plantation of any such person being an indentured immigrant, or of any such female immigrant threatened, or of any immigrant using such threats, who may be indentured to such plantation, whichever shall in his judgment be most expedient, and may direct any immigrant so ordered to be removed to be detained in custody until his transfer to some other plantation; and the Justice of the Peace shall forward a copy of any such pro- ceedings to the Immigration Agent-General, and the Immigration Agent-General may permit any such immigrant to commute or may transfer him to any other employer willing to accept his services, and to pay the commutation money.
56. If it shall at any time appear to the Government Resident, on sufficient discretion ground shown to his satisfaction, that all or any of the immigrants indentured on of Govern any plantation should be removed therefrom, it shall be lawful for him to transfer the indentures of such immigrants for the remainder of their respective terms of service to any other employer who may be willing to accept their services, and to pay
the commutation money.
ment
Resident.
Lessee
transfer.
57. Every lessee of a plantation whose term of lease shall expire before the entitled to termination of the indenture of any immigrant indentured to him on such planta- tion shall be entitled to have such immigrant transferred for the unexpired remainder of his term of service to any employer approved of by the Immigration Agent-General, who may be willing to accept his services, and to pay the commuta- tion money: Provided that of any such employers the first option of having such transfer made to him shall be with the lessor of the plantation.
Subsist-
ence of the obligation
of inden- ture.
Permia.
removal,
and
transfer.
58. In the event of any plantation on which an immigrant may be under indenture being sold either by public or private contract or by judicial process, or being leased, or devolving by inheritance, devise, or otherwise, he shall render the same service to the purchaser, lessee, devisee, heir, or other new employer, his heirs, executors, administrators, or assigns, and for the same term as he would have been bound to render to his original employer.
59. The Immigration Agent-General may, at the joint request of any em- sible deter- ployer and his indentured immigrant, allow the indenture of such immigrant to be mination, determined, and may, at the request of any employer, allow all or any of the immi- grants indentured to such employer on any plantation to be removed to any other temporary plantation in the possession or under the management of the same employer, and may allow such immigrants to be temporarily transferred for any term not exceed- ing twelve months to any plantation the owner of which shall be willing to accept their services, and during such term such immigrants shall be deemed to be inden- tured to such other employer for all the purposes of this Act: Provided that no such determination, removal, or transfer shall in anywise affect in lien of the said province upon the original plantation, or the pecuniary liability of any employer to the Immigration Fund.
Deter- mination for con- viction of employer.
Re-inden- ture upon
tion or
transfer.
60. Upon report made by any Justice of the Peace of a conviction of any employer by him under this Act for ill-usage of his indentured immigrant or the unlawful withholding of wages, the Government Resident shall have power to declare the indenture of such immigrant determined, and may thereupon direct the Immigration Agent-General to re-indenture such immigrant for the remainder of his term of service to any other employer willing to accept his services, and such other employer shall pay to the Immigration Fund by way of indenture fee the sum which would have been paid by such immigrant if he had commuted, and such sum shall be paid thereupon to the former employer if the Government Resident shall so order.
61. Except as in this Act provided, no indenture shall be determined or trans- ferred either by agreement between the employer and immigrant or otherwise; and determina the Immigration Agent-General shall record every determination or transfer other than a temporary transfer in the general register of immigrants introduced into the said province, and shall deliver to the employer to whom any immigrant is trans- ferred a new indentured list, and to the immigrant transferred a new certificate of indenture, and such employer and immigrant shall thereupon be, and be taken to be, bound by such indenture accordingly.
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PART VI.
Re-Indentures.
PART VI.
tion from
62. Every immigrant who may have completed any term of service under Certiente indenture or whose indenture may have been duly determined, under this Act, shall of exemp be entitled to receive from the Immigration Agent-General, free of charge, a certifi- labor. cate of exemption from labor (Schedule No. 9), and the Immigration Agent-General shall register every such certificate in the general register of certificates of exemption from labor (Schedule No. 5).
exemption
63. The manager of every plantation about to be officially visited by the Immi- Delivery gration Agent-General shall give previous notice of every such intended official visit of certifi to the immigrants on such plantation, and shall on every such visit produce before cates of the Immigration Agent-General every immigrant who shall, since the last of such from visits, have completed his term of service under indenture, or who will in the course labor. of time within six months hereafter complete the same; and the Immigration Agent- General shall deliver to every such immigrant a certificate of exemption from labor, and shall, if necessary, indorse such certificate with the word "provisional," and with the date at which such certificate will in the course of time become due.
certificate.
64. So soon as any provisional certificate of exemption from labor shall, either Indorse- in the course of time or otherwise, have become due, the immigrant may call upon ment of his employer to indorse the same, and any employer refusing or neglecting to indorse provisional such certificate when due shall be guilty of an offence, and shall, on conviction, pay a fine not exceeding Two Pounds, and, in addition to such fine, shall pay to the immigrant an; absolute accumulating sum of One Shilling for every day of such default.
under
indenture.
65. Every employer may enter into a contract of service under indenture Contract (Schedule No. 10) with any adult immigrant possessing a certificate of exemption of service from labor then due, provided such contract shall be specified to be for service on any plantation on which such employer shall at the time have immigrants inden- tured to him, or in regard to which this application for an allotment shall not have been refused, or which shall have been surveyed and approved in that behalf by the Immigration Agent-General; and every such contract may be for any term not exceeding five years from the date thereof: Provided that the Governor may, by resolution, from time to time fix any less term as the maximum term for which such indenture may be entered into.
contract
66. No contract of service shall be valid against the immigrant party thereto Mode of unless signed by such immigrant in the presence of and duly certified by, a Justice entering of the Peace (Schedule No. 10); and such Justice shall certify that such signature into or mark was made voluntarily by such immigrant, and that the contents of such of service contract had been fully explained to, and were, to the best of such Justice's belief, under understood by such immigrant, and that the bounty hereinafter provided was paid indenture. to such immigrant in his presence: Provided always that every immigrant on enter- ing into a contract of service shall produce to the Justice his certificate of exemption from labor, and that if such certificate be indorsed "provisional," the Justice shall ascertain before certifying the contract that the certificate has been duly indorsed by the last employer of such immigrant, or is fully due notwithstanding the absence of such indorsement; and the Justice shall thereupon deliver the contract of service, so certified as aforesaid, to the employer, and shall transmit such certificate of exemption from labor, indorsed under his signature with the date of such contract and the name of the plantation in which such service is to be performed, to the Immigration Agent-General.
67. Every immigrant who shall enter into a contract of service under inden- Contract ture shall, until he can be re-indentured in pursuance thereof, as in this Act pro- to have the vided, be subject in all respects to the provisions of this Act as if he were under force of indenture, and shall have the same rights, privileges, and immunities, and be subject indenture. to the same penalties, as an indentured immigrant.
68. Upon the execution of any contract of service the employer shall become Contract liable to the said Immigration Fund in the amount of such contract duty at the rate duty on of Three Pounds per annum, or such other rate as shall be fixed from time to time indenture. by the Governor, as long as such contract remains in force.
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