CO882-(2-3) — Page 1

TUITI

PUBLIC RECORD OFFICE

CO

Reference -

882

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PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Arrent of deserters

agents without

warrant.

8.

upon persons convicted of vagrancy, shall not be applied to any deserter as defined in the present Article, who shall be condemned as such upon the complaint of his employer.

LI. If any labourer desert from his employer's service, it shall be lawful for such by employer or bis employer, or any servant of such employer acting with his authority and on his behalf, without a warrant, and without the assistance of the police, to apprchend such labourer in any public place where he may be found; provided that if the party making the arrest, in so doing use any unnecessary violence, or do not forthwith, after such arrest, hand over the labourer to a police officer or constable, together with a statement in writing, or to be taken down in writing by the police, mentioning the name and resi- dence of the party making the arrest, and the charge upon which the labourer has been arrested, or do not appear and support the charge before the Stipendiary Magistrate having jurisdiction to entertain the same, such party shall be liable to a fine not exceeding 101., or to imprisonment not exceeding one month.

Arrest of deserters by police without

LII. Any officer or constable of police may, at the instance of any employer, or of any person acting with the authority or on behalf of the employer, and upon being warrant at instance furnished with a statement containing the particulars specified in the preceding of employer.

Article, arrest any labourer charged under such statement with desertion, without warrant, in any public place where such labourer may be found; provided that such labourer, upon being so arrested, be forthwith taken before the nearest Stipendiary Magistrate to be dealt with according to law.

Penalty for wrongful arrest of Jabourer.

Imprisonnen. not to inferfere with

contract.

Police may enter

If the party at whose instance such labourer shall have been arrested do not, after due notice of the arrest and of the time and place of hearing, appear and support the charge before the Stipendiary Magistrate having jurisdiction to entertain the same, such party shall be liable to the penalties enacted in the preceding Article.

LIII. If any labourer be wrongfully apprehended, the person apprehending him, or on whose charge or by whose order he shall have been so apprehended, and all persons who shall have aided or abetted the apprehender in effecting the apprehension, shall be liable to a fine not exceeding 101. (a part of which may be paid to the labourer so apprehended, as damages), or to an imprisonment not exceeding one month. But any officer or constable of police shall be deemed to have been justified in arresting or detaining a labourer upon a charge of desertion, if he shall have acted bond fide in con- formity with the provisions of either of the two preceding Articles.

LIV. No imprisonment undergone by a labourer for any offence committed by him before the expiration of his contract of service, shall release him from such contract; nor shall the time of his imprisonment be reckoned as part of the term of service under his contract except in case of imprisonment for unlawful absence under the provisions of Article XVIII of Ordinance No. 16 of 1862.

LV. Any officer or constable of police, or, any other person authorized by the premises in search Governor, may, at any time of the day, or at any time of the night, under warrant of of vagrant

a Stipendiary or District Magistrate, enter any premises wherein any immigrant is immigrants.

employed or resides, and may ascertain whether such immigrant is a new immigrant under contract of service, or an old immigrant having a ticket and pass in due form as proscribed under the provisions of this Ordinance; and, in case of such person not being satisfied with the status of such immigrant, he may apprehend him and take him before the Stipendiary Magistrate of the district, to be dealt with according

Ticket of servant

to be produced to

by master.

to law.

LVI. Any Magistrate or officer of police shall be entitled to demand production of the ticket and contract of service of any immigrant who may be working for any magistrate or police employer, and any person who, having such contract or ticket in his possession, shall refuse to produce the same when so required as aforesaid, shall be liable to a fine not exceeding 101.

Illegal issue of passen, &c.

Falsification of tickets, &c.

LVII. Any person not vested with any legal authority to issue passes or permits, who shall give a pass or permit to any labourer not lawfully in his service, shall be liable to a fine not exceeding 51., or to imprisonment with hard labour not exceeding one month, without prejudice to the penalties prescribed by law against unlawfully harbouring or employing doserters.

Any labourer using any such unlawful pass or permit as aforesaid, shall be liable to imprisonment not excceeding one month.

LVIII. Any person falsifying or altering an immigrant's ticket, pass, or certifi- cate, or any endorsement thereon, and any immigrant using a falsified or altered immigrant's ticket, pass, or certificate, or any genuine immigrant's ticket, pass, or certificate, bearing a falsified or altered endorsement, shall be liable to imprisonment with hard labour for a period not exceeding three months, to be awarded by the

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Stipendiary Magistrate, without prejudice to an action for forgery, if cause exist. In which latter case, the Stipendiary Magistrate may commit the offender to prison, in order that the Procureur-General, to whom he shall forthwith report the circumstances of the case, may, if he think fit, enter proceedings against the said offender for such forgery.

LIX. The Protector of Immigrants shall make arrangements for receiving into Immigrants with- the depôt, or such other place as the Governor may appoint in that behalf, all out employment to immigrants who cannot find employment, and shall endeavour to provide them be received into therewith.

depot. Their admission and stay there shall be under regulations, with a view to the pre- vention of abuses.

LX. Any immigrant leaving the depôt or other place aforesaid after he has Immigrant become amenable to its regulations, without the sanction of the Protector, shall, on absconding from proof thereof to the satisfaction of the Stipendiary Magistrate, be liable to imprison- depot liable to ment with hard labour for any period not exceeding fifteen days,

imprisonment.

LXI. Every immigrant intending to leave the Colony shall be bound to present Departure of himself before the Protector of Immigrants, and to prove that he has completed his immigrants from industrial residence. And if such immigrant be about to depart in any ship other than the colony. a ship chartered by Government for the conveyance to India of return immigrants, such immigrant shall be bound before embarking to obtain a passport from the Protector.

Any master of a ship who shall allow any immigrant to embark on board his ship without having obtained such passport as aforesaid, shall be liable to a fine not exceeding 201.; and the immigrant so embarking may be taken out of the ship by any officer of the port department, or by any officer or constable of police, and handed over to the Protector of Immigrants.

in certain cases.

LXII. It shall be lawful for the Governor, on sufficient presumption arising from Governor autho police reports or judicial proceedings that any Indian immigrant is a confirmal rised to send immi- vagrant, or is a member of any association or combination for criminal purposes, or has grants back to India been implicated in any criminal acts, to send him back to India; and, in case of his returning to this Colony, to cause him to be apprehended and detained until he be again sent out of the Colony.

grants.

LXIII. A penalty not exceeding 51. shall be incurred by any employer who shall Declaration by fail, within forty-eight hours after the death, upon his premises, of any immigrant master, of property labourer in his service, to comply with the requirements of the 29th Article of the of deceased immi- Ordinance No. 13 of 1857, intituled "An Ordinance for amending the Law on the Curatorship of Vacant Estates," relative to the estate and effects of such deceased labourer.

Provided that if the declaration of decease of such immigrant be made to the officer of the Civil Status by a person other than the employer, the latter shall be bound to comply with such requirements in like manner as if the said declaration of decease had in fact been made by him.

LXIV. The provisions of Ordinance No. 7 of 1865, intituled "An Ordinance to Security for wages secure the rights of New Immigrants under contracts of service with Job-Contractors, of immigrants and to extend the jurisdiction of Stipendiary Magistrates to claims for wages founded engaged to job- on guarantee," shall henceforth apply to contracts of service between any job-contractor and any Indian immigrant.

contractors.

number of men on

LXV. A penalty not exceeding 201. and not less than 51., shall be incurred by,-- Penalty for false 1st. Any person who, in any notification as provided in Article 12 of Ordinance statement as to No. 20 of 1865, shall knowingly state the number of servants for whom he has engaged estate. a medical practitioner, at a smaller number than that of all the servants employed and residing at the place referred to in the said notification.

2nd. Any medical practitioner who shall grant any certificate as in Schedule B to the said Ordinance, knowing that the number of labourers stated in the notification preceding, and referred to in such certificate, is smaller than the whole number of labourers employed and residing at the place specified in the said notification.

LXVI. The Protector of Immigrants is hereby appointed to act as guardian Protector to be

lanatics.

ex officio to all orphans of Indian extraction, whether born in this Colony or elsewhere, guardian to Indian who have no relatives in the Colony competent to form a family council for them in orphans and conformity with the requirements of the Civil Code. He is also hereby empowered to act as guardian er 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 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 duly homologated.

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