CO882-(3-4) — Page 274

PUBLIC RECORD OFFICE

Reference:

TTIC.O. 882

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

PUBLIC RECORD OFFICE, LONDON

Penalty for

false state-

ments.

Appoint- ment of stipendiary magistrate.

Commission to act in district

assigned.

Salary of magistrate.

Jurisdiction.

Further

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2. If the servants are to be transferred from one district to another district all the conditions enacted in the preceding paragraph shall be fulfilled, and the magistrate of the district from which the servants are to be transferred shall certify that the servants have been duly paid, and have no claim against the estate from which they are to be transferred, and the magistrate of the district to which they are to be transferred shall further certify on the back of the certificate sent or brought to him that the servants are willing to work on the estate whereon they are intended to labour, and that the proprietor of such estate has duly given the guarantee re- quired under this Ordinance.

245. Any false statement made by any person to the magistrate in order to obtain such transfer, or either of the certificates by the preceding article required, shall be held to be an offence, and every person found guilty of such offence shall be liable to a fine not exceeding 201, or imprisonment not exceeding one month.

Nothing herein enacted shall be a bar to any pro- secution which the Procureur General may deem fit to direct for any graver offence, or any offence against Ordinance No. 6 of 1838.

CHAPTER XVI.

STIPENDIARY COURTS.

246. From and after the passing of this Ordinance, every stipendiary magistrate shall as heretofore be appointed by Her Majesty the Queen, and hold his office during Her Majesty's pleasure, and shall be liable to be suspended therefrom by the Governor of this Colony until Her Majesty's pleasure is known.

247. Every stipendiary magistrate shall hold a commission as a stipendiary magistrate for Mauritius, but shall act in such district or districts as may be assigned to him by the Governor. Provided that the Procureur General shall have power to direct any stipendiary magistrate to act in any other district whenever it is expedient in special or urgent cases that this should be done.

248. The salary of every stipendiary magistrate shall be

a year if in charge of one district, if in charge of two districts; he shall further be allowed a house rent free, or shall receive a sum of 1001, a year instead of a house. No sti- pendiary magistrate shall be allowed to perform any other public duties but those of a stipendiary magis- trate, and every stipendiary magistrate shall be bound to reside in the district assigned to him.

249. The stipendiary magistrates shall have an exclusive jurisdiction for the enforcement of all con- tracts of service, and for imposing all penalties for the breach, neglect, or non-performance thereof.

250. The stipendiary magistrate shall have power jurisdiction. to remand, to take bail, to issue summonses and warrants of arrest. It shall be his duty to take down notes of the oral evidence adduced before him.

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251. Every complaint for ill-usage of a master by Farther a servant, or of a servant by a master, every question jurisdiction. between a master and his servant arising out of their contract, or involving the rights of either party under the same, all complaints for any offence or contra- vention against the provisions of this Ordinance, or any regulation made in virtue thereof, and all penal- ties and fines shall be brought before and adjudicated upon and receivable by and before the stipendiary magistrate.

Provided that for criminal matters, nothing herein contained shall interfere with the right of the Pro- cureur General to file a criminal information before the ordinary courts of law, and the stipendiary magistrate shall, whenever a case arises which appears to him to deserve a heavier punishment than he can inflict, refer the same to the Procureur General, who may elect to proceed before the ordinary criminal court, or to leave the case to the jurisdiction of the stipendiary magistrate; the

252. It shall be lawful for any stipendiary magis. Further trate, at any time that he may see cause for so doing, powers of

to enter upon any estate, factory, or establishment visiting. within his district, and visit and inspect the condition

of the servants thereon employed. And for the pur- poses of such visits he shall be invested with all the powers conferred upon the Protector of Immigrants by article 19 of this Ordinance.

253. It shall further be lawful for any stipendiary Further magistrate, if he shall consider it desirable, to hold powers of his court in any place within his district, other than holding his

court in

a private dwelling-house. Provided that in such different cases he shall give to the parties concerned such places. notice of his intention to hold the said court as may

be prescribed by the Governor in Executive Council.

prepayment

254. It shall be lawful for any stipendiary magis- Isue of pro- trate to order et-ofloio the issue of any summons, cess without warrant, or other process of his court, without pre- of fo payment of fees, or on prepayment of part of the fees. In every such case an order in the form of Schedule No. 36 annexed shall be a sufficient autho- rity for the clerk or cashier issuing the process.

The fees due shall be recovered from the com- plainant or plaintiff or the defendant in a case so- cording to the subsequent order of the magistrate as herein-after provided.

by stipen-

255. Fines imposed on and costs decreed against Enforcement persons convicted, and fees due by and costs awarded of fines and against any person, plaintiff, or complainant, defendant costs decreed or accused, by stipendiary magistrates shall forthwith diary magis- be paid into the hands of the district cashier, or other tratos. person appointed to receive such payments. Failing payment as aforesaid, the magistrate shall, except in the case herein after mentioned, issue a warrant for the imprisonment of the person convicted, or any person, plaintiff, or complainant, defendant or accused, by whom fees are due or against whom fine or costs have been awarded in respect of non-payment of the said fine and costs or fees or costs for the respective periods herein mentioned, unless such fine and costs or fees or costs shall be sooner paid. If the person convicted, or any person, plaintiff, or complainant, G 4