CO882-(3-4) — Page 263

PUBLIC RECORD OFFICE

Reference:

mmmmm CO. 882

PUBLIC RECORD OFFICE, LONDON

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

No police.

man to demand

papers un- less autho-

rised.

Return passages.

Passports to

be obtained

before leaving the Colony.

without passport.

34

within 12 months, to imprisonment with hard labour for any period not exceeding three months.

161. No officer or constable of police shall have power to require any immigrant to produce bis certificate and ticket, or licence and ticket, unless he be specially authorised to do so, under a general commission signed by the inspector general of police.

162. Every immigrant who shall have completed his industrial residence and obtained his certificate, and who shall besides adduce evidence of his having as an old immigrant worked for five years under indenture, and shall not have been convicted of vagrancy or desertion, shall be entitled, if he so desire it, to be provided at the expense of the Colony with a passage for himself, his wife, and any children who may have accompanied him from India, back to the port whence such iminigrant sailed from India.

163. No immigrant intending to leave the Colony, whether at his own expense, or at the expense of the Colony, as herein-before enacted, shall be allowed to do so without first obtaining from the Protector of Immigrants a passport.

Penalty for 164. Any master of a ship who shall allow any taking away immigrant to embark on board his ship without immigrants having obtained such passport as aforesaid shall be liable to a fine not exceeding 201., and the immi- grant 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 Pro- tector of Immigrants.

Register of wages.

Wages to be paid on the first Satur- day of every month.

Delivery of rations.

Absences

from sick-

ness.

CHAPTER XI.

WAGES AND RATIONS.

165. Every master shall keep a register in English or French in the form hereunto annexed, Schedule No. 31, in which he shall record the wages due, paid, or deducted, absences lawful and unlawful, illness, &c., with respect to all servants (not being household servants), in his employment.

166. The wages which any employer of labour shall have bound himself to pay in a contract of service entered into by the servant and himself shall be paid every month, on the first Saturday of every month before 5 p.m.

167. The rations due under such contract shall be delivered in advance to the servant every. Saturday before 5 p.m. But it shall be lawful for the master to deduct from the rations so delivered in advance as many days rations as the servant has been days absent from work, in the week next after the last delivery of rations to him.

168. No employer shall be bound to pay to any indentured servant the wages and rations for any day or days onw ich the servant shall have been absent from his work through sickness or any other cause, unless such cause arise from act of God, or the improper conduct of the employer. Provided always, that in cases of such alleged improper conduct the servant shall have, on his return from his absence, produced to his employer the certificate of the stipen.

+

35

diary magistrate, or (in the case of immigrants), of the Protector as ordered by article 127 of this Ordinance.

169. No shop shall be kept by any employer, Officer em- manager, or overseer, or other officer of any estate, ployed on plantation, or factory, either upon such estate, estate shall not keep a plantation, or factory, or within two miles thereof; shop. and any employer, manager, or other officer offending against the provisions of this Ordinance, shall, on conviction, on the complaint of the Protector of Immigrants, or any inspector of immigrants, be liable to a penalty not exceeding 10. And no debt in- curred by the servant at any shop shall be admitted or deducted as a part payment of his wages, or as a set-off against the same.

170. The claims for salary or wages by the manager Salary of and other employés employed upon any estate, manager plantation, or factory shall be cognizable by the cognizable stipendiary magistrate to all intents and purposes diary magis-

by stipen- as claims for wages due to labourers.

trate.

171. If the servant's wages be not paid when such Contract wages become due, it shall be lawful for the stipen- may be dis- diary magistrate, if the servant claims the dissolution solved if of his contract, to order the same to be dissolved, or paid.

to grant a delay, not exceeding one calendar month, for payment of the wages into court.

If the servant's wages be not paid for three con- secutive months, it shall be lawful for the Protector of Immigrants, or any inspector of immigrants, if the Protector of Immigrants is of opinion that the interests of the servants require it, to make officially an application for the dissolution of the contract, and for such other measures as may be deemed necessary to secure payment of the wages due, such as the seizure and sale of the employer's real property.

wages be un-

cases of non.

172. Whenever any employer shall have been Minority of summoned before a stipendiary magistrate upon the employer no complaint of any manager, employé, or labourer in defence in his service, the plea of infancy, if set up and payment of established by such employer, shall be no valid or wages. sufficient defence to such complaint. If it be proved to the satisfaction of the magistrate that the complainant has been actually employed in the service of the minor, he shall deal with the com- plaint in the same manner as if the employer were of full age.

as

173. The privilege for arrears of wages conferred Privilege for upon the several above-mentioned classes of persons wages limi-

gens de service" under the said article 2,101 ted to ope of the Civil Code, is hereby limited to arrears of pre wages due for any period not exceeding one year went,

oeding judg- next preceding the judgment of the stipendiary magistrate condemning the employer to payment of

such arrears.

174. The said privilege shall be admitted in its Claim for proper rank as established by the Civil Code, in wages ad- any distribution by way of contribution of moneys mitted to belonging to the employer, or in any distribution g by way of order of the sale price of the immoveable tardily pro- property of the employer, ut whatever date sub- duced. sequent to the judgment such distribution of either kind shall take place. Provided the parties producing

though