50
servant must be kept in mind, as they cannot be said to stand on equal footing before the law. In most cases the non-fulfilment of a contract by the master is visited only by a pecuniary penalty; but in cases of the Indian not observing the conditions of his contract, it becomes quo ad tum a quaai delit, which may carry with it an effective punishment.
I, therefore, objected to a fine only being imposed on defendant, as I consider it inadequate under the circumstances of the case; and because the parties who had suffered from the overwork would derive no benefit from it; and it would have been difficult to award these compensations for a state of things which, although clearly proved to have existed, afforded no definite bases on which to apportion individual compensation.
On the other counts of the Judgment no difference of opinion existed between the Magistrates, with the exception as to the finding on the 4th count, which I considered was of so serious a nature as to merge it in the finding on the let count.
(Signed) J. A. ROBERTSON,
Senior District Magistrate.
51
the good-will of the planters and other permanent residents in the island than to give effect to the wishes of the Government, he will probably find means of doing so, without exposing himself to censure.
It is right to add that Sir W. Stevenson, a most competent judge, not only thought as highly as I do of Mr. Beyts' capacity, but had also a higher opinion of his integrity than I can myself profess to entertain.
Sir,
No. 7.
I have, &c. (Signed) ARTHUR GORDON.
Port Louis, January 11, 1872.
APPENDIX No. 6.
STATEMENT showing the Number and Nature of Informations instituted in the District
Court of Pamplemousses, by Mr. Henry Poulin, of "Mont Choisy
"Estate.
The Earl of Kimberley to Governor the Hon. Sir A. H. Gordon, K.C.M.G.
(Confidential.)
Downing Street, March 14, 1872. I HAVE received your Confidential despatch of the 9th February respecting Mr. Beyta' qualifications for the post of Protector of Immigrants.
It may become a matter for serious consideration hereafter whether Mr. Beyts can be continued in that office; but as his discharge of his duties will necessarily come prominently under the notice of the Commission, I do not think it expedient to take any steps at present with regard to his tenure of the appointment.
I have, &c. (Signed) KIMBERLEY.
Data.
1871 June 19
Accused.
Gopaul
May 29
Govinden and Narainen
28
17
Vyapoory
*
22
Kajkeen..
10
ל
Boodhun
1
29
17
32
17
July 8
Bussooney
Bandboo Panchoo, Shebrothe, Ramjee. Jeerwjuger, Boo- khun Bany, Bhyrub, Na- roojee, Panchoo Duljeet, Bhuruth Narain, Boodoo, Narain, Boodhun, Beeru- ruth, and Sobrah
The same
Lutohoomun
Aug. 28
Mohabeer
(Signed)
Charge
Trespass on estate. Ditto.
Stealing of Embrerade wood Stealing sugar-canes. Stealing bois d'oisean. Trespass.
Enticing away labourers.
Ditto.
Threats (under Article 126 of
Ordinance 85, of 1852), Larceny of pine-apples and
jack seeds.
Pamplemousses, January 31, 1872.
Bemarks.
All the accused, except Gopaul, Govinden, Narainen, Vyapoory, Rajkens, and Bumooney, were on the 10th and 17th May, 18/1, labourers on the estate Mont Choisy, and were among those who complained before the Btipendiary Coset against Mr. Henry Poulin, their mauter. Vy poory, Mohabor, and Rajkees were, on the 26th May and 28th August, 1871, labourers on the said eatate, and were not amongst those who complained to the Stipendiary Court against their master. Gopaul, Go- vinden, Narainen, and Bassooney were not labourers on the estate Mont Choisy.
G. TROUCHET, Acting District Magistrate.
No. 8.
The Earl of Kimberley to Governor the Hon. Sir. A. H. Gordon, K.C.M.G.
(No. 65.) Sir,
Downing Street, March 14, 1872., I HAVE to acknowledge the receipt of your despatch No. 69 of the 9th February, inclosing a Report from Mr. Ellis, Substitute Procureur-General, respecting the complaint brought against Mr. H. Poulin, of the Mont Choisy estate, by sixty-seven Indian labourers on that property.
You will be good enough to furnish the Commissioners with copies of that Report.
No. 9.
I have, &c. (Signed) KIMBERLEY.
PUBLIC RECORD OFFICE
Reference:
CO.882
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 6.
Governor the Hon. Sir A. H, Gordon, K.C.M.G., to the Earl of Kimberley.-(Received
(Confidential.) My Lord,
March 9.)
Government House, Mauritius, February 9, 1872.
I HAVE had the honour to receive your Lordship's Confidential despatch of the 16th December, respecting the qualifications of Mr. Beyts for the post of Protector of Immigrants, and to that despatch I hasten to reply.
2. Mr. Beyts is both intellectually and physically quite competent to discharge the duties of the office he fills. His abilities are considerable, and his activity of mind and body as yet perfectly unimpaired.
3. An Eurasian by birth he possesses the quickness of intelligence, and is not free from the faults of character ordinarily found in the race to which he belongs.
It would not probably be prudent to rely too far upon his disinterestedness, his accuracy, or his scrupulousness; but if aware that it is important to him to carry out the views of the Government with seal and activity, no one is more competent to do so. If on the other hand he considers that it is mere conduciye to his interests to conciliate
Sir,
Emigration Office to Colonial Office.
Emigration Board, March 20, 1872,
I HAVE to acknowledge your letter of 14th instant, with a copy of a despatch from the Governor of Mauritius, inclosing an Ordinance, No. 84 of 1871, passed by the Legislature of that Colony, entitled “An Ordinance to provide for the appointment of Inspectors of Immigrants.”
2 The Report of the Procureur-General, which accompanies the Governor's despatch, furnishes so full and clear a summary of this measure that it is unnecessary for us to go over the same ground, or to do more than indicate its two leading principles. It empowers Her Majesty to appoint not exceeding two Inspectors of Immigrants at salaries of 5001, a-year each, with an allowance not exceeding 2001. par annum for such travelling expenses se shall be setually incurred. They are to ha office during Her Majesty's pleasure, and are bound to visit at least once in three months every estate or place within their district (except private dwelling-houses) in which Indian immigrants are ressived:
8. The Ordinance (section 9) further makes it imperative on employers to furnish half-yearly statistical returns of all the immigrants in their employ during the preceding six months.
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