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PUBLIC RECORD OFFICE

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Reference T

C.O. 882

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

PUBLIC RECORD OFFICE, LONDON

order, when

and how to take place.

No opposition &c. to operate on to inter fere with the effect of a

stipendiary magistrate's

order.

Cases of

forced or

of landed

estate.

38

publication of a notice in the Government Gazette, and the posting up of a similar notice at the office of the stipendiary magistrate of the district, and in the other usual public places within the same.

184. No opposition, seizure, or detainer exercised upon goods previously seized by order of the stipen diary magistrate, or upon any proceeds of the sale of such goods, shall operate so as to interfere with the effect of such order.

185. In every case of a forced or judicial sale of a judicial sales landed estate, upon which labourers are or have been employed, and to whom arrears of wages are due, the amount of such wages, with any costs incurred, shall be paid by the purchaser out of the purchase of such estate, into the hands of the stipen- money diary magistrate of the district in which such estate is situate, in preference to all other creditors, and upon no other formalities than the order to that effect of one of the judges of the Supreme Court, to be given upon application made in the name of the said labourers, within three months after the said sale, and on the production of the judgment of the stipendiary magistrate condemning the former pro- prietor of the estate, to the payment of such wages, which order shall be final and without appeal. The aforesaid privilege of labourers for the payment of arrears of wages shall be and is hereby, for the purpose of this Ordinance, limited to the period of one year without prejudice to any other of their existing legal rights.

Medical care.

Hospital required

where there are 30 or

more ser- vants.

Job con- tractors to

CHAPTER XII

MEDICAL ATTENDANCE AND HOSPITALS. 186. Every written contract of service shall, not- withstanding anything to the contrary therein, import an obligation on the part of the employer to provide medical care at his expense for the servant, if the servant reside on the premises of the master.

187. Every person who shall have in his employ- ment and residing on his premises, under written or verbal contract of service, 30 or more servants, shall require to have, for the accommodation and treat- ment of such servants in case of sickness, an hospital in accordance with the provisions of this Ordinance.

The provisions of this Ordinance shall apply whether the master is proprietor or only occupant of the said premises, and although the same are only used by him for the lodging of his servants.

The said provisions shall also apply whether the said servant be engaged in agricultural or other kind

of labour.

Provided always, that persons having establish- ments of servants aforesaid within the district of Port Louis shall be held to have complied with the said provisions in regard to such servants, by sending those of them who require hospital treatment to the civil hospital.

188. Every job contractor having in his employ ment 30 or more servants aforesaid, whether the have hospi. said servants do or do not reside on the premises of

tal accom-

39

vants.

the job contractor, shall be bound either to have an modation for hospital in terms of this Ordinance upon premises their ser belonging to or hired by him, or to have, by arrange- ment with the owner or lessee of the estate on which his labourers work, sufficient accommodation in the hospital of the said estate, for his servants working thereupon, according to the scale herein-after pro- vided, and the job contractor shall be bound to notify to the stipendiary magistrate and to the Protector of Immigrants the said arrangement, and to obtain a certificate from the Protector of Immigrants to the effect that the arrangement is suitable and sufficient according to the provisions of this Ordinance; and on failure to do so the job contractor shall be liable to a fine not exceeding 201., and any servant bound to him by contract of service, written or verbal, shall have the right to apply to the stipendiary magistrate to have his contract of service cancelled.

servant

189. Any job contractor employing servants, Penalty for whether bound to him under contract of service employing written or verbal, or not bound to him without the without certificate in the preceding article mentioned, shall be hospital liable to a fine not exceeding 11. per day for every certificate. servant so employed, and in case of non-payment of the fine, to imprisonment not exceeding one month.

articles when

190. The provisions of the preceding articles shall Provisions apply to all cases where servants to the number of of preceding 30 or more shall be, in the opinion of the stipendiary to apply. magistrate, really engaged for one and the same undertaking or on one and the same estate, notwith- standing that in the contracts of service they appear

to be engaged or bound to different masters.

191. No proprietor or lessee of any sugar estate Servants not or other plantation, or of any factory out of the city to be en of Port Louis, employing more than 30 servants, gaged with- out hospital shall be allowed to enter into any contract of service, certificate. unless such proprietor or lessee has obtained from the Protector of Immmigrants a certificate to the effect that the hospital accommodation on such estate, plantation, or factory is in accordance with the provisions of this Ordinance.

obtain com-

192. Any lessee of any sugar estate or other plan- Lessee pro- tation or factory providing new hospital or additional viding a new hospital accommodation, in accordance with the re- hospital to quisition of the Protector of Immigrants, for servants pensation. under written contracts of service on such estate, plan- tation, or factory, shall be entitled to receive such compensation therefor, from the lessor or the assignor of the lease as may be awarded him by two arbitra- tors, to be appointed by himself and the lessor re- spectively, or by such umpire as the arbitrators shall appoint, or the magistrate shall appoint, if the arbi- trators do not agree to appoint an umpire.

Provided that the lessee on receiving such requis- tion shall be bound within eight days to make the same known to the lessor, and provided also that the lessor shall have the right to provide at his own expenee the new hospital or additional hospital ac- commodation in terms of the requisition.

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