CO885-9 — Page 13

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

די

PUBLIC RECORD OFFICE

וויו ווייון

Reference :-

C.O. 885 /

9 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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PART IV. interest at the rate of six per centum per annum at the end of one year from the date thereof, and each of the remaining notes for one-fifth thereof, payable with interest at the same rate, one at the end of each of the four years then next following: Provided that if the employer shall neglect or refuse to pay, within six days after his account shall have been rendered to him by the Immigration Agent-General, either wholly in cash, or partly in cash and partly in promissory notes, as provided by this Act, the amount of indenture fees payable in respect of such allotment, the whole shall thereupon fall due and become payable in cash: Provided further, that on any allotment made to an employer in respect of any plantation held by him as a mortgagor, to which the mortgagee shall have objected in writing, or a lease for a term of which less than five years are unexpired, the indenture fees shall be paid in cash.

Delivery

of immi- grants.

Annual report of allotments.

Term of in- denture of immigrantĄ,

Exemption of tofant immigrants.

Rights of minor,

41. If any employer to whom an allotment may be made shall not take away the immigrants so allotted to him within four days after the delivery to him of his indenture list of such immigrants, he shall pay to the said Immigration Fund at the rate of One Shilling for every adult immigrant and Sixpence for every minor immigrant for every day that such immigrant shall remain in the depôt.

42. The Immigration Agent-General shall, as soon as possible after the first a list of all ships. day of July in every year, publish in the "Government Gazette " which have arrived with immigrants, and of the allotments and distribution of such immigrants during the preceding season.

43. The indentures of immigrants arriving in the said territory shall be for the term of five years from the date of their respective allotments.

44. No infant immigrant shall be indentured, or shall be compelled to perform any service whatever upon any plantation.

45. Every minor or infant immigrant residing on a plantation, and every infant, &c., immigrant indentured as other than an able-bodied immigrant, shall be entitled to the same rights and privileges and immunities as able-bodied immigrants under indenture are entitled to under this Act.

immi.

grante.

PART V.

Dissolu- tion of in- denture for disability

of immi-

grant.

The livret.

PART V.

The Determination and Transfer of Contracts.

46. If within three months from the allotment of any immigrant he shall die,. or it shall appear that he has any such disease or other disability as may render him permanently unable to perform service under contract, and if the employer shall send to the Immigration Agent-General a certificate of the death, disease, or dis- ability of such immigrant, under the hand of one of the medical officers, the Immi- gration Agent-General may declare the contract void, and the indenture fee paid in respect of such immigrant shall thereupon become repayable to the employer out of the Immigration Fund.

47. Every immigrant indentured for five years, on introduction to the said Territory, shall be furnished by his employer with a livret, or book of work, which shall contain-

(a) A receptacle for the safe keeping of his certificate of indenture, or other

papers:

(b) Such popular statements of his obligations and rights, under this Act or otherwise, legibly printed in his own vernacular tongue, as shall be from time to time put forth by the Immigration Agent-General with the approval of the Governor: Provided that such statement shall not have any legislative force in contravention of this Act, or validity by way of contract as between the immigrant and his employer:

(c) Three thousand six hundred and forty blank squares or spaces symmetrically arranged in such manner as is delineated in the Schedule No. 1 hereunto annexed, or shall be from time to time sanctioned by the Immigration Agent-General in that behalf.

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48. Every immigrant shall be required to present his livret to the manager weekly upon the weekly pay-day to be made up, and thereupon the manager shall draw a line through or otherwise cancel one of the spaces for every Sixpence which the immigrant shall have earned since his last presentation of the same, and shall carry over any sum less than Sixpence and enter the same on the next succeeding blank space, and insert in such space the date of payment; and on the next pre sentation of such livret he shall add the said balance to the sum then earned, and proceed as before, and shall return the livret so made up to the immigrant at latest on the next day but one before the next weekly pay-day.

49.

PART V.

The livret

task.

In the case of the loss by an indentured immigrant of his livret, the em- Loss of ployer shall be bound to furnish him with another livret upon payment by such livret. immigrant of Eight Shillings, and shall fully make up such new livret to the current date by the cancelling of so many spaces as shall correspond to the earnings of such immigrant since the date of his indenture.

of indenture

50. So soon as all the spaces in the livret shall have been signed, or become Termination due for signature, the indenture of the immigrant holding it shall absolutely cease by livret and be determined.

work.

in disputes

51. In case of any dispute in respect of entries made or omitted to be made Procedure in the livret arising between an employer and his indentured immigrant, the party as to aggrieved may lay a complaint before any Justice of the Peace, who shall have livrets. power to hear, try, and determine the dispute, and to make such order in the premises as to him shall seem just, and shall direct by whom and in what propor- tion the costs of such proceedings shall be paid; and every such order shall be final and without appeal,

tation

52. The commutation money payable under this Act, on the termination or Compu- transfer of the indenture of any immigrant on introduction, shall be calculated at tation of the rate, for every year or portion of the year remaining unexpired of such inden- commu- ture, of one-fifth of the indenture fee payable by the employer in respect of such indenture, together with interest thereon at the rate of Six Pounds per centum per annum since the commencement of such indenture, and all such commutation money shall be paid to the Immigration Fund, and shall be payable thereout to the employer.

money.

53. Any immigrant under indenture who shall be married to a wife or husband Commu- on any other plantation shall be entitled, upon giving three months' notice to the tation by

husband employer, to determine his or her own indenture on payment of the commutation or wife. money; and if the employer of such wife or husband shall, by the request of the commuting immigrant, advance the commutation money, the commuting immigrant may be re-indentured to such employer for a period equal to the unexpired remainder of the indenture so commuted.

mother.

54. On termination of the indenture of any female immigrant, whether by Commu- expiration in due course, by commutation, or otherwise, she shall be entitled to tation by remove with her, from the plantation, her minor and infant children, on payment of the commutation money for any such minor under indenture, in respect of whose indenture the employer shall have paid any indenture fee or bounty; and if such female immigrant shall remove in order to become indentured to a new employer, and such employer shall advance, by her request, the commutation money of any such minor immigrant, the minor may be re-indentured to such employer for the unexpired remainder of the indenture so commuted.

55. Upon information laid before any Justice of the Peace by the manager Transfer of a plantation, or by a female Indian immigrant, or any other person on her behalf, of Indian that the husband of such female immigrant, or her betrothed or reputed husband, threaten- according to the custom of the country, or any Indian immigrant with whom she wife.

ing his may cohabit or may have cohabited, did unlawfully threaten to murder. wound, beat, or illtreat her, and that from any such threats she apprehends, or has reason to apprehend, any bodily harm or injury, such Justice of the Peace shall forthwith issue his warrant for the apprehension of the immigrant alleged to have used such threats; and any immigrant using such threats shall be guilty of an offence, and shall, upon conviction thereof, be liable to be imprisoned, with or without hard labor, for such term not exceeding one month as the convicting Justice of the Peace shall direct; and upon such information, whether the immigrant accused shall be convicted or otherwise, if it shall appear that any threats used by such immigrant

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