CO882-(3-4) — Page 270

PUBLIC RECORD

OFFICE

Reference:→

TIILICO. 882

4PUBLIC RECORD OFFICE, LONDON

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

Dispensers and nurses.

Duties of

dispenser or principal sick nurse.

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magistrate of the district, on being required by them respectively in writing so to do

3. Every medical practitioner who shall knowingly make or sign any false entry in any such re- gister, or who shall fail to sign and date any entry therein, at the time of each visit.

4. Every medical practitioner who shall knowingly, after having received a written requisition from the stipendiary magistrate, the Procureur Gene- ral, or the Protector of Immigrants fail to make and subscribe a certificate as here-before pro- vided, or who shall knowingly make any false statement in any such certificate.

5. Every proprietor or lessee or agent of any such sugar estate, plantation, or factory, who shall fail to send or cause to be sent every month a copy of the monthly entries in such register to the Protector of Immigrants.

212. The employer shall employ in the hospital and pay at least one dispenser or principal sick nurse, who shall be certified by the medical attendant to be duly qualified, and shall also, if and whenever the medical attendant on such estate, plantation, or factory shall require, employ such additional nurses as may be necessary for the proper care of the patients in hospital, and shall, if there be female patients, pro- vide a female as well as a male sick nurse; and if at any time shall be considered by the medical attendant on such estate, plantation, or factory, or by the medical officer of the Department that any person employed in the hospital as dispenser or nurse, is by reason of misconduct or incapacity unfit to be so employed, he shall make entry to that effect in the hospital register, and shall immediately report such entry to the Protector of Immigrants, and it shall be lawful for the Protector of Immigrants to direct that such person be by the employer without delay removed and some other fit person appointed in his place.

213. The dispenser or principal sick nurse shall constantly reside on the premises of the hospital, and have charge of all furniture, medicines, stores, and appliances belonging thereto, and shall draw upon and account to the employer for all stores supplied to the patients by way of diet or otherwise, and shall in all matters affecting the health or comfort of the patient be subject to the orders of the medical attendant of the estate, plantation, or factory, and shall, subject to such orders, attend the patients, make up and administer the medicines, and serve out the diets as such medical attendant of the estate, plantation, or factory may direct, and shall report to him any badness in the quality or defect in the quantity of such furniture, medicine, stores, and appliances, and shall enter in the case book the names of all immigrants brought to the hospital, and shall enter in the hospital register the name of every patient admitted by the medical attendant of the estate, plantation, or factory, to treatment, with the dates of his admission and discharge, the nature of his disease or injury, and result of the case, and shall keep an account of all stores expended in the service of the hospital, and of the prices paid for all

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such stores, as he is himself authorised by the em- ployer to purchase, and such account shall be at all times open to the inspection of the Protector of Immigrants, the medical officer of the Department, and the medical attendant of such estate, plantation, or factory, and shall be produced in any court, if the presiding judge or magistrate shall so require, in all proceedings taken under this Ordinance by or against any immigrant under indenture.

attendants

214. The medical attendant of the estate, planta- Responsi- tion, or factory, shall see that the hospital, with all bility of bedding utensils belonging thereto, is at all times medical kept clean and in proper order, and that there is at for hospital. all times a sufficient supply of the medicines and food required by the hospital regulations and dietary, and any badness in the quality, or defect in the quantity of such furniture, medicines, stores, and appliances of the hospital, and any neglect or viola- tion of this part of the Ordinance, or of such regu- lations or dietary on the part of the employer, or of any officer or servant of the estate, and any omission or delinquency on the part of the hospital dispenser or principal sick nurse, not amounting to ground for his dismissal, he shall note in the hospital re- gister, and shall require the employer to provide such remedy for the evil or to take such precautions against it as may his opinion be necessary.

district

215. The medical attendant upon any estate, Removal plantation, or factory, may require the manager by of a patient entry in the hospital register to remove to the civil to civil or hospital in Port Louis, or to any district hospital, any hospital. servant patient in a certified hospital whose case may seem to him to require such removal, and the employer of any servant under contract of service who may be admitted into such civil or district hospital either upon the requisition of the medi- cal attendant of the estate, plantation, or factory, or when sent thither by the Protector of Immigrants, or otherwise, shall pay to the Receiver General the sum of 25 cents for each day that such servant under contract of service shall remain in such hospital, and also in case such servant shall die in such hospital, the expense of the burial of such servant. Provided that no employer shall be liable to the Receiver General in respect of any servant admitted into the civil or district hospital who may have deserted from his plantation, and for whose appre- hension he shall have taken out a warrant as herein- after provided. Provided further, that if the medical officer of either of such hospitals shall certify as to any such servant patient, that he is labouring under in- curable disease, the liability of the employer under → this section shall in respect of such immigrant absolutely cease and determine.

216. Every requisition made by the medical attend- Requisition ant in the hospital register shall be complied with of medical by the employer, and the medical attendant shall attendant to report every case of non-compliance or unnecessary with. delay to the Protector of Immigrants,

be complied

217. If the employer shall represent to the Pro- Requisition tector of Immigrants that any requisition so made may be

revised by by the medical attendant is unreasonable or injudi- Protector. cious or extravagant, the Protector of Immigrants

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PUBLIC RECORD OFFICE

Reference

LICO. 882

سلسل

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

PUBLIC RECORD OFFICE, LONDON

Penalty for

non-com-

pliance with requisition.

Penalty on employer in respect to ill

treatment of sick immi- grants.

Penalties on

servants in respect of hospital.

48

shall cause inquiry to be made into the matter, and shall give such other directions and instructions in the matter to the medical attendant as he may deem necessary, and the decision of the Protector of Immigrants shall be binding on the employer, and the medical attendant, if approved by the Governor.

218. Every employer who shall in any respect neglect or refuse to comply with the requirements made in the hospital register by the medical attend- ant, or with the requisitions of the dispenser or sick nurse made in carrying out any prescription or diet order of the medical attendant in the case book, shall be guilty of an offence, and be liable to a penalty not exceeding 101.

219. Every employer who shall refuse to admit or neglect to send to hospital any servant requiring medical care or treatment in hospital, or who shall fail at any visit of the medical attendant to produce before him any such servant who may require medical care or treatment, or who shall refuse or fail to provide any such servant with the medicine, inedical comforts, and diet which may be ordered for him while under treatment by the medical attendant, shall be guilty of an offence, and shall on conviction at the complaint of such immigrant pay a fine not exceeding 51.

220. Every servant whose name shall be entered indentured by the medical attendant in the hospital register as an "in patient" shall be bound to remain in such hospital until such time as he shall be discharged therefrom by the medical attendant; and every such servant who after being sent to hospital by the manager shall be found beyond the limits of such hospital before he shall have been discharged by the medical attendant, or who shall refuse or neglect to appear at any time when required before such medical attendant, or who shall resist any lawful order for his conveyance to hospital or production before such medical attendant, or who shall break any of the hospital rules or regulations authorised by this Ordinance, or who shall behave himself in a disorderly or refractory manner while in hospital, shall be guilty of an offence, and shall on conviction pay a fine not exceeding 17., or be imprisoned for a term not exceeding 14 days.

Information and venue.

Moreover, in case any such servant who shall be insane or suffering under infectious or epidemic disease shall, on being ordered by the employer or manager, refuse to proceed to or remain in any hos- pital duly established within the provisions of this Ordinance, it shall be lawful for the employer of Such servant, or for his manager, on the written certi- ficate of the medical attendant, to force such servant to proceed to and remain in such hospital until duly discharged therefrom by the medical attendant.

The provisions of this article shall apply to the indentured servants, although less than 30, on any premises upon which there shall be an hospital certified to be properly built, furnished, and pro- vided as aforesaid.

221. All offences against the provisions of this chapter of the Ordinance shall be prosecuted either

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by the Procureur General or by any one deputed by him under the provision of article 1. of Ordinance No. 29 of 1853, or by the Protector of Immigrants, or by an inspector of immigrants, or on the informa- tion of any party or parties aggrieved, and shall be tried and determined by the stipendiary magistrate of the district in which the sugar estate or other plantation or factory is situated.

༥་

Procureur

222. Provided that it shall be lawful for the Pro- Certiorari by cureur General in any case of sufficient importance General. or touching a grave question of law, to apply before judgment or conviction to the Supreme Court for a writ of certiorari, removing the proceedings from the stipendiary court below to the Supreme Court directly, for adjudication by the Supreme Court itself.

223. Every judgment of or conviction by a stipen- Appeal, diary magistrate under the provision of this chapter shall be subject to appeal to the Supreme Court, on questions both of law and fact, when the same shall be for any amount exceeding 201.; but in all other cases the judgment of the stipendiary magistrate shall be absolute and final.

CHAPTER XIII.

CAMPS AND Dwellings.

224. Every person employing labourers upon & Labourer's country estate shall provide them with sufficient dwellings. and wholesome lodging according to the usage of the Colony, and whenever it shall be proved to the satisfaction of the Protector of Immigrants that the lodging of any labourer is insufficient, unhealthy, or otherwise unfit to be inhabited by such labourer, the said Protector of Immigrants shall order that within a certain period, to be by him fixed, the employer shall cause such dwelling to be altered or repaired, so as to render it wholesome and sufficient, or another dwelling to be supplied to the labourer; and he may require the employer to make the labourer an allow- ance or indemnity of threepence for each day, from the date of his order until the labourer be properly lodged to the satisfaction of the said Protector of Immigrants; and any master failing to comply with any such order of the Protector of Immigrants shall be liable to a fine not exceeding 51., and the labourer shall be entitled to demand the cancellation of his contract.

be numbered

225. All auch dwellings shall be numbered, and a Labourer's register in the form of Schedule No. 34 shall be kept dwellings to by the employer of all such dwellings, showing how and regis many labourers, whether adults or children, male or tered. female, inhabit each such dwelling, and the names of all such labourers; any employer failing to keep the said register correctly, or allowing the same to get into arrear, shall be liable to a fine not exceeding 51. for each offence.

226. The Protector of Immigrants shall from time Regulations to time make such regulations as to him may seem to dwel- necessary for the proper construation, and other lings. sanitary arrangements, drainage of the dwellings of G

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