CO882-(3-4) — Page 260

PUBLIC RECORD OFFICE

Reference

mudmmi *'*'* C.O. 882

PUBLIC RECORD OFFICE, LONDON | ALLY WITHOUT PERMISSION OF THE

BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

(3.) Incorri- gible rogues.

Incorrigible rogue liable to deporta- tion from

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unrepealed clause, Ordinance No 42, of 1844, article 2), and shall be liable to be imprisoned and kept to hard labour for any time not exceeding three calendar months.

(3.) Every person breaking or escaping out of any place of legal confinement before the ex- piration of the term for which he or she shall have been committed, or ordered to be con- fined by virtue of this Ordinance; every person committing any offence against this Ordinance which shall subject him or her to be dealt with as a rogue and vagabond, such person having been at any former time within 12 months adjudged to be so, and duly convicted thereof; and every person apprehended as a rogue and vagabond, or as a deserter and violently resisting any police officer or constable, or police guard, so-appre- hending him or her; and every person specially mentioned in this Ordinance as incorrigible, shall be deemed an incorrigible rogue within the true intent and meaning of this Ordinance, and shall be liable upon conviction thereof before any stipendiary magistrate to be im- prisoned and kept to hard labour for any period not exceeding 12 calendar months.

129. Any Indian immigrant convicted twice within two years as an incorrigible rogue may be sent out of the Colony at the expense of the Colony after the Colony undergoing the sentence of imprisonment awarded under certain against him. conditions.

Vagrant

hunts pro- hibited. Arrest of

warrant.

•

The photograph of every incorrigible rogue or vagrant sent out of this Colony shall be forwarded to all the emigration agents and any emigration agent who shall introduce in this Colony any incorrigible rogue or vagrant sent out as aforesaid shall be liable

to pay the expenses of introduction and return pas-

sage of such incorrigible rogue or vagrant who shall be again sent out of the Colony as soon as possible.

130. General searches for vagrants or vagrant hunts are hereby prohibited, but any officer or con- stable of police may, under a special warrant issued Fagrante by by any stipendiary magistrate, enter any premises wherein an Indian immigrant suspected to be a deserter may be employed or concealed, or may reside, or any immigrant suspected to be a vagrant may be concealed, or may reside, and may apprehend any such deserter or vagrant and take him to the magis- trate of the district wherein he is arrested to be dealt with according to law.

Penalty for

131. Any person who shall be convicted before a harbouring stipendiary magistrate of having knowingly harboured a deserter or a vagrant shall be liable to a fine not exceeding 107.

deserters

and va

grants. Immigrant refusing em- ployment to

be dealt with as a vagrant. Several persons may be included in the same warrant.

132. Any immigrant declared in the Immigration Depot who shall refuse to take such employment as shall be offered to him by the Protector of Immigrants shall be sent to the stipendiary magistrate and be dealt with as a vagrant.

133. When several persons shall be convicted of vagrancy on the same day, the magistrate convicting them may commit them to prison through a single warrant, although the terms of imprisonment to which they have been sentenced be different.

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prisoned in

134. All warrants of imprisonment for vagrancy Vagrants to in any part of the Colony shall be executed by im- be im- prisonment of the vagrant in any vagrant depôt. Vagrant All vagrants shall be made to work on such public Depot. works as the Prison Committee of Port Louis shall decide.

135. All persons who shall undergo punishment Disposal of in any prison or vagrant depôt, for any offence prisoners on

being dia under the provisions of this Ordinance, shall, upon charged the termination of the term of such imprisonment, be from punish- dealt with in one of the ways fullowing; as the case ment.

may be,

(1.) If such person be an indentured immigrant he shall, upon being discharged from punish- ment, be sent under police escort to the stipendiary magistrate of the district in which his employer's plantation is situated, and the stipendiary magistrate shall deliver him to his employer, or to any person having authority from the employer to receive him, in order to be conducted back to his employment.

Provided always, that the gaoler or chief officer of the vagrant depôt, or other prison in which the said immigrant is confined, shall, not later than seven days before the termina- tion of the term of imprisonment, despatch through the post office a notice in writing to the employer of such immigrant in form given in Schedule No. 28, stating the day on which such discharged prisoner will be at the office of the stipendiary magistrate.

(2.) If, notwithstanding such notice as aforesaid, the employer shall neglect to take measures for receiving back such immigrant, the sti- pendiary magistrate aforesaid shall send the immigrant back to his employer under police escort, and the employer shall be charged by the said stipendiary magistrate with the costs incidental thereto.

(3. Any person being an immigrant not under indenture, and undergoing punishment for vagrancy, shall upon being discharged from such punishment be sent under escort to the Protector, and the Protector shall endeavour to procure for the discharged vagrant such employment as he may appear to be fitted for, and if such discharged vagrant shall refuse the employment so offered by the Protector, he shall be deemed to be an incorrigible rogue and shall be liable to be dealt with accordingly.

Statute and

136. Articles 323, 340, 841, 842 of Ordinance Maintenance No. 6 of 1838, commonly called the Penal Code, and of British the Act of the British Parliament 6 George IV., Cap. Penal Code. 129, intituled "An Act to repeal the law relative to "the combination of workmen and to make other "provisions in lieu thereof," shall apply to employers and servants under this Ordinance, and continue to have full force and effect in this Colony, and for the purposes of this Ordinance may be enforced before the stipendiary courts.

137. Any immigrant liable to be sent out of the Incorrigible Colony as an incorrigible vagrant, or as a criminal, vagranu

awaiting de- D 8