CO882-(1-2) — Page 494

PUBLIC RECORD OFFICE

TUTT TTC

Reference -

882

2 PUBLIC RECORD OFFICE, LONDON

|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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allotted.

to

seven days may be his requisition, whether specially engaged to him in India or otherwise, within seven days after their arrival at the depot in Mauritius, (such arrival having been duly published or notified in terms of the regulations to be made under the provisions of this Ordinance), the Protector of Immigrants shall be at liberty to allot such immigrants be willing to engage them. Such allotment may be other any

persons who may made, if the Protector deem it necessary, upon payment of a less amount than the costs of introduction chargeable against the requisitionist; and the amount received shall be applied in reduction of the amount due to Government by such requisitionist in respect of the actual costs of introduction of the Immigrants so unclaimed by him.

any III. Contracts of service, whether made in India under the provisions of in force at the time being, or made in this Colony or its Dependencies before a Stipendiary Magistrate, are valid and binding for such term, not exceeding five years, as shall be stipulated in the contract.

Contracts not ex- ceeding five years with male labourers legal.

New immigrant's

contract to be made

in writing. Penalty for illegal employment of new immigrant.

Papers to be pro- duced to magistrate on engagement.

Delivery of certifi- cate to immigrant engaged.

Contracts with serrants being

minore,

law

The present Article does not apply to contracts of service made with female immi- grants: special provision having been made for the same by Article 11 of Ordinance 16 of 1862.

IV. No contract of service entered into in this Colony or its Dependencies with a new immigrant is valid unless made in writing before a Stipendiary Magistrate.

V. Any person illegally employing, lodging, or harbouring a new immigrant not engaged under written contract, shall, over and above any other penalty to which he may become subject, be liable to a penalty not less than 21. and not exceeding 51., one-half of which penalty may be awarded to the informer of the contravention of the law.

The present Article shall not apply to persons employing new immigrants in law pursuance of any contract of service made in India, under the provisions of in force at the time being.

any

VI. No engagement of any Immigrant shall be passed before a Stipendiary Magistrate except upon production by such Immigrant of his ticket and either a certificate of discharge as prescribed in Ordinance No. 15 of 1852, or a certificate of the Protector of Immigrants to the effect that such immigrant is free to contract an engagement.

The Stipendiary Magistrate, on passing any such engagement, shall deliver to the employer the ticket of the immigrant, with the engagement noted thereon: which ticket the employer shall be bound to hand over to the Stipendiary Magistrate, with a certificate of discharge at the termination of the engagement, or, in default thereof, to pay to the Government on behalf of the Immigrant, the price of a duplicate ticket as fixed by the tariff in force at the time being.

VII. Upon the passing of a contract of service before a Stipendiary Magistrate between any immigrant and his employer, the Magistrate shall deliver into the hands of the immigrant his certificate of engagement, which the latter shall have the right to retain in his possession during the whole term of his engagement, and shall deliver up to the Stipendiary Magistrate upon his discharge therefrom.

Any employer, or the agent of any employer, who shall take or retain possession of the certificate of engagement of any immigrant so engaged to the employer as aforesaid, shall be liable to a penalty not exceeding 51.

VIII. No written contract of service shall be passed with any minor under the age of 10 years.

of

age No written contmet of service shall be passed with any minor above the 10 years and under the age of 15 years, unless with the consent of the parent or guardian of such minor.

under Any minor of the full age of 15 years or upwards, shall be free to engage written contract of service, if the parent or guardian of such minor do not appear and object thereto at the time of passing such contract.

In case any minor above the age of 15 years shall have engaged under contract of service without the consent of his or her parent or guardian, such contract may, upon the application of the parent or guardian, and upon good and sufficient cause shown to the satisfaction of the stipendiary magistrate, after hearing the employer and such further evidence as the magistrate shall think fit, be cancelled.

Nothing in the present Article contained shall be construed as invalidating any contract of service made in India.

he

IX. If any new immigrant, on first introduction, be under the age of 10 years, Employment of smmigrant children. shall, on attaining that age, be liable to work for his introducer or substituted employer at the Government scale for the time being of wages and allowances, until the expiry of the term of industrial residence of the relative or friend under whose charge such

3

immigrant shall have been introduced, or for so much of such term as such relative or friend shall continue in the service of such employer.

stamp-duty.

X. No stamp duty or other impost is chargeable by or on behalf of Government Exemption from in respect of passing any contract of service entered into between any new immigrant ; and,

1st. The requisitionist at whose expense such immigrant shall have been intro- duced into the Colony, or those in his rights;

2nd. The substituted employer of such immigrant, or those in his rights.

XI. Saving in the above cases, all contracts of service entered into with new Rate of stamp- immigrants before a stipendiary magistrate shall be subject to a stamp duty at the rate duts. of 11. 128. per annum, payable by the employer for the term of the engagement, or for so much thereof as may be requisite for the completion of the immigrant's industrial residence.

It shall, however, be lawful for the Protector of Immigrants to authorize the engagement of any new immigrant without payment of the above stamp duty, in any case where it shall appear to him necessary, in consequence of the bodily weakness or infirmity of such immigrant, so to do, in order to enable such immigrant to find employment.

dustrial residence

XII. Any new immigrant who, upon the expiration or other determination of any Redemption of in- contract of service under which he has been engaged, shall be desirous of redeeming by immigrant free the remainder of his industrial residence, may do so by payment to the Protector of from contract. Immigrants, or to any other officer duly appointed te receive the same, of a sum calculated at the rate of 11, 128. per annum for the whole time required to complete his industrial residence; and thereupon he shall be entitled to receive a ticket of old immigrant.

Provided that for every fraction of a shilling calculated as payable in respect of redemption money, one shilling shall be charged.

XIII. No redemption money shall be received from any new immigrant under the Papers to be pro-

of redemption provisions of the preceding Article, except upon production by him of his ticket and duced on payment

money. other documentary proof showing that he is free from engagement.

New immigrant may

redeem for

XIV. Any new immigrant having good and sufficient reason, of a special and exceptional nature, for desiring to obtain his discharge from any contract of service under which he is engaged, may apply to the stipendiary magistrate of the district in good cause. which he is performing such contract, stating the reasons for which he is desirous of obtaining such discharge, and the magistrate shall thereupon give notice to the employer, and shall appoint a day for inquiring into the matter, and for hearing any evidence which the immigrant or his employer may respectively adduce.

The magistrate shall transmit to the Procureur-General the proceedings upon such inquiry; and, in case the Procureur-General shall be satisfied that good and sufficient reasons have as aforesaid been shown for granting such discharge, he may authorize the magistrate to grant the same upon previous payment of indemnity by the immigrant to Government for the benefit of the employer.

Such indemnity shall be calculated upon the sum paid by the employer for costs of introduction, as certified by the Protector, or for the stamp duty upon engagement, of such immigrant, as the case may be, and shall be proportionate to the unexpired term of service relatively with the whole term as stipulated in the contract.

XV. In case any contract of service between a new immigrant and any of the Forfeiture of stamp employers mentioned in Article 10, or any employer who shall have engaged such duty and redemp- immigrant for the unexpired residue of his industrial residence, shall have been tion money. cancelled by a stipendiary magistrate, upon the complaint of the immigrant, under the provisions of any law in force at the time being, such employer shall have no right to any sum which may be received by the Government by way of stamp duty upon any subsequent contract of service entered into between such immigrant and another employer, nor to any sum which may be received by the Government in respect of any redemption of industrial residence by such immigrant.

tion money.

XVI. Saving in the case provided for by Article 15, whenever any new immigrant Disposal of stamp shall have entered into a contract of service with any of the employers mentioned in duty and rederup Article 10, and such contract shall for any cause whatever be determined prior to the completion of the term of industrial residence of such immigrant, such employer shall be entitled to demand and receive from the Government any sum which may have been received by the Government by way of stamp duty upon any subsequent engagement of such immigrant with a new employer, or in respect of any redemption of industrial residence by such immigrant.

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