CO882-(3-4) — Page 257

PUBLIC RECORD OFFICE

Reference

CO. 882

4PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

Mode of

entering into contract of service.

New immi- grants to be sent to Pro-

tector in cer- tain cases.

Old immi-

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the said servant shall have illegally absented himself from his work, he shall complete the deficient time of service before he can claim a certificate of discharge, unless his wages have been deducted in manner and form as herein-after provided.

102. No contract of service shall be passed before a stipendiary magistrate, unless the immigrant pro- duces his immigrant's ticket or certificate of dis- charge, in the form of Schedule No. 20 hereunto annexed, or a certificate of the Protector of Immi- grants in the form of Schedule No. 21, to the effect that such immigrant is free to contract an engage-

ment.

Tickets and photographs shall in the first instance be given gratuitously, but duplicate tickets and photographs shall not be granted except upon pay. ment by the immigrant applying for the same of a

fee of 108.

The ticket shall, after the engagement passed, be given by the magistrate to the employer, who shall be bound, whenever called upon to do so, to produce the said ticket to the magistrate, or to any officer of police, and who shall also at the termination of the engagement, hand over the same with a cer- tificate of discharge to the stipendiary magistrate.

If such ticket be not then handed over, the em- ployer shall pay a fine not exceeding 10s.

The stipendiary magistrate shall every month send to the Protector of Immigrants a return, under his signature or stamp, of all contracts of service passed before him and certificates of discharge granted by bim since the return last previous, in which the servant contracting shall be an immigrant or a libe- rated slave, with the date of every such contract and certificate of discharge and the name of the plantation or other establishment in which such service is to be or has been performed.

103. If any new immigrant discharged from a con- tract of service does not redeem the remainder of his industrial residence, or re-engage himself, within eight days from the date of his certificate of dis- charge, he shall be sent to the Protector of Immi- grants, who shall endeavour to procure employment for him. If any such immigrant refuse to take any employment which may be offered to him on terms approved by the Protector of Immigrants, such immi- grant shall become liable to be sent by the Protector to any workhouse legally established, to be there detained till he consent to take such employment, and during such detention he shall be subject to the regulations in force in such workhouse.

And if at the end of three months he still persist in refusing to take employment he shall be deemed to be an incorrigible vagrant and shall be dealt with as herein-after provided.

104. In the case of an old immigrant re-engaging grant engag- either to the same or some new employer, after the ing to pro- duce certifi- expiration of eight days following the completion

cates.

of any previous written contract of service, such old iminigrant shall be bound to produce his certificate of discharge and the Protector's certificate as herein- after enacted.

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105. No immigrant or liberated slave shall be Re-engage allowed to re-engage before the expiration of his ments before

determina- contract, nor until he has been discharged from such

tion of pre- contract, and it shall be the duty of the stipendiary vious en magistrate to explain to him that his contract being gagement completed he is at liberty to engage or not as he forbidden. pleases.

service.

106. It shall be lawful for any stipendiary magis- Transfer of trate to transfer the contract of service of any servant contracts of under written contract to another employer for the residue of the term of the contract, provided the old employer, the substituted employer, and the servant consent, and such consent be registered, such transfer shall be in the form of Schedule No. 22 hereto annexed, and the stipendiary magistrate shall transmit a copy of such transfer to the Protector.

107. In the case of any service being prolonged Prolongation as herein-after mentioned, the extent of prolongation of contract shall be endorsed on the immigrant's contract and to be en- ticket; and during such prolongation he shall be contract. subject to all the conditions of his contract, and to

all the rights and liabilities arising out of the same

and out of the provisions of this Ordinance.

dorsed on

108. On complaint preferred and proof made by a Breaches of servant before any stipendiary magistrate that his contract by master has not paid the servant's wages, or delivered masters. to hin the articles stipulated for, or that the articles

so delivered were not of the prescribed amount and quality, or that by the negligence, or other improper conduct of the master, the contract of service has not been faithfully performed, or that the master has ill-used the servant, the stipendiary magistrate may make order for the payment of the wages in arrear, or for the delivery of the stipulated articles or for compensation to be made to the servant for any injury by him sustained by such negligence or im- proper conduct of the master, or by his non-fulfilment of the contract, or by his ill-usage of the servant; and if such order be not complied with, the magistrate shall issue a warrant for the seizure and sale of the goods of the master. Provided that for ill-usage, instead of compensation, the master shall be liable to a fine not exceeding 101. or to imprisonment not exceeding 14 days.

servants.

109. On complaint preferred, and proof made, Breaches of contract by before any stipendiary magistrate, that any servant has neglected to perform his stipulated work, or that he has performed it negligently or improperly, or that by negligence or other improper conduct he has injured the property of his master entrusted to his care, or has been guilty of indolence or insubordina-" tion or assault towards his master, or shall have refused to obey any reasonable order of his master, the magis- trate may, in his discretion, adjudge the servant to any one or more of the following penalties; that is to say, a pecuniary penalty for the benefit of the master not exceeding one month's wages, or the com- mitment of the servant to prison with or without hard labour for any term not exceeding 14 days, or the dissolution of the contract of service.

110. No work shall be exacted from any agricul- tural labourer on any Sunday or public holiday, savO

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