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PUBLIC RECORD OFFICE

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PART XII.

Return

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143. The Immigration Agent-General may order every immigrant who shall at any time be in his opinion permanently disabled and unfit to perform service under passage of indenture, and who shall produce from any medical officer a certificate to that effect, Immigrant and a certificate of exemption from labor, if he shall so desire, to be provided, at the expense of the Immigration Fund, with a return passage to the port in India whence he emigrated.

disabled.

of return

Inspection 144. Previous to the departure of any ship hired at the expense of the colony having return immigrants on board, the Immigration Agent-General, assisted by ship,

one of the medical officers, or, in his absence or inability to act, by the Health Officer of the port, shall inspect the ship and immigrants, and ascertain whether the arrange- ments made for the passage and for the treatment of the immigrants on board are in conformity with the law; and shall make out a list of the immigrants on board such ship who are entitled to a back passage at the expense of the colony, and shall deliver the same to the Surgeon Superintendent for the use of himself and the master of such ship, and shall certify upon such list the total number and description of immigrants embarked, together with the state and condition of such immigrants, and that they have all been provided with clothing suitable for the voyage.

PART XIII.

Returne from public

institu- tions.

Registers to be kept on planta

tions.

Half-

yearly returns.

PART XIII.

Registers, Returns, and Certificates.

145. The superintendent, keeper, or other officer in charge of any prison, hospital, or other public institution of the said Territory shall, on or previous to the twenty-first day of January, and the twenty-first day of July in every year, make out and transmit to the Immigration Agent General a return of all immigrants who may have died while inmates of such public institution or establishment during the six months previous to such months of January and July respectively, and shall transmit therewith any certificate given under this Act which may be found in the possession

any such immigrant.

of

146. Every manager of a plantation on which any immigrant may be under indenture, or contract of service under indenture, shall keep a register-book or register-books which shall be at all times open to the inspection of the Immigration Agent-General and the medical officers, and shall be produced in Court, if the pre- siding Judge or Justices shall so require, in all proceedings taken under this Act by or against any immigrant under indenture or contract of service on such plantation, and shall include the following particulars—

(a) Thé several indenture lists received by the manager on allotment of immigrants, or after his entering into contracts of service with any immigrants, or any copies of such indenture lists which still have been certified by the Immigration Agent-General:

(b) A register of births occurring on such plantation (Schedule No. 13): (c) A register of deaths occurring on such plantation (Schedule No. 14): (d) A register of all marriages occurring on such plantation under the pro- visions of any Act now or hereafter to be in force in respect of marriages, or in respect of the marriages of Indian immigrants (Schedule No. 15): (e, f, g) The several registers of desertions and absence on leave (Schedule No. 16), of proceeding in respect of labor (Schedule No. 17), and dwellings of indentured immigrants (Schedule No. 18), hereinbefore directed to be kept.

147. Every employer of immigrants shall, on or before the twenty-first day of January and the twenty-first day of July in every year, make out and send to the Immigration Agent-General a return in writing (Schedule No. 19) of the number of each description of immigrants in his service on the last day of the preceding month, and the Immigration Agent General shall make out an abstract of all such returns, and of the returns made by the superintendents of public establishments to be laid before the Governor.

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manager in

148. Any manager who shall make any false entry in any register or half- PART XIII. yearly return required to be kept or made by him under this Act, or who shall neglect Penalty on to keep any such register carefully noted up, or to make out and send in any such half-yearly return within the time limited in that behalf, shall be guilty of an offence, respect of and shall, on conviction at the complaint of the Immigration Agent-General, pay a registers fine not exceeding Five Pounds.

and

returns.

149. Every medical officer shall, within one month after the termination of Medical each quarter, transmit to the Immigration Agent-General a return of all the cases returns entered in the hospital registers under his care, to be laid with his report thereon and before the Governor.

abstract.

cates and

150. Every immigrant whose certificate of exemption from labor shall be lost Duplicates or destroyed shall be entitled, on proving to the satisfaction of the Immigration of certifi- Agent-General that he is then entitled to such certificate, and that such certificate certified has been lost or destroyed, and on payment of One Shilling, to receive a duplicate extracts of such certificate; and every employer shall at any time be entitled to a duplicate from of any indentured list of immigrants delivered to him on payment of One Pound, or registers. of Sixpence per immigrant if less than fifty; and every employer and immigrant shall be entitled to receive a certified extract from any register kept by the Immigration Agent-General on payment of One Shilling for every such extract.

use of certificate

151. If any immigrant shall use or attempt to use any certificate of exemption Unlawful from labor or any pass signed by an employer, not being the immigrant to whom such certificate or pass was granted, he shall, on conviction, be liable to a fine not exceeding Five Pounds, or to imprisonment, with or without hard labor, for a term not exceeding two months, or to both.

or pass.

152. Any person who shall forge or alter, or shall offer, utter, dispose of, or Penalty for put off, knowing the same to be forged or altered, any certificate of exemption from forging or labor mentioned in this Act, or any indorsement provided by this Act to be made altering

certificate thereon, with intent to defraud, shall be guilty of a felony, and, being convicted of exemp thereof, shall be liable to be imprisoned for any term not exceeding two years, with tion from or without hard labor.

labor.

153. Any person who shall forge or alter, or shall offer, utter, dispose of, or Penalty for put off, knowing the same to be forged or altered, any passport or any pass mentioned forging or in this Act, with intent to defraud, shall, on conviction, be liable to be imprisoned altering for any term not exceeding one year, with or without hard labor.

PART XIV.

Procedure.

passport or pass.

PART XIV.

154. Every information laid or complaint made under any of the provisions of Summary this Act shall be laid under Ordinance No. 6 of 1850, and there shall be an appeal procedure. from any conviction or order, or appeal to make any order to the Local Court of Full Jurisdiction nearest to which the subject-matter of the complaint occurred, which appeal shall be conducted in the manner and subject to the conditions of the said Ordinance: Provided always that any such information or complaint against an indentured immigrant shall be laid or made within one month from date of such offence or cause of complaint, or, in case of desertion, within one week from the date at which the deserter shall be apprehended.

155. Every information which may be laid or complaint which may be made Immigration under this Act by an immigrant may be laid or made by the Immigration Agent-complain General on his behalf.

Agent-General

on behalf of Immigrant.

156. In any proceedings taken by any employer or manager against an immi- Attend- grant under this Act, it shall not be necessary for the complainant to attend in person ance of em- unless the complainant be a material witness on the part of such immigrant, in ployer as which case the hearing may be postponed in order to his appearance.

complain

ant not

157. The defendant in all proceedings under this Act shall be entitled to be requisite. Evidence sworn and to tender his evidence on oath; and every heathen immigrant shall make of detend- such oath or affirmation as he shall declare to be binding on his conscience, and shall ant ad- be liable in case of falsehood to be convicted and punished as for perjury.

missible.

17087

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9 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PART XIV.

Statement

· of owner.

ship of

property.

Certified

receivable

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158. In any proceedings taken by or against an employer in which it shall be necessary to state the ownership of any property belonging to, or in the possession of, the proprietors of any plantation, it shall be sufficient to name any one of such proprietors, or the attorney of such proprietors, and to state such property to belong to the person so named, and another or others, as the case may be.

159. In any proceedings taken by or against an immigrant, any indenture list, documents certificate of indenture, or certificate of exemption from labor, and any duplicate in evidence thereof duly signed by the Immigration Agent-General, and every duly certified without extract from any register kept by the Immigration Agent-General, shall be received

in evidence of any fact therein recorded without further proof.

further

proof. Proof of

annual

-

contract before indenture.

160. In any proceedings taken by or against an immigrant, if it shall be neces- sary to prove any contract of service under this Act before the immigrant who may have entered into such contract shall have been indentured in pursuance thereof, it shall be sufficient, up to the time of the next visit of the Immigration Agent- General to the plantation after the date of such contract, for the Magistrates to call upon the employer to produce the contract of service, duly certified by the Justice of the Peace; and, in default of such production, such contract may be proved on behalf of the immigrant by parol evidence.

Imprison- 161. Every immigrant under indenture who shall be imprisoned by virtue of ment with any conviction under this Act, shall be imprisoned with hard labor, and every such hard labor. immigrant imprisoned in any prison for which a scale of taskwork shall have been sanctioned by the Governor, shall fulfil such sentence of imprisonment by the per- formance in such prison of a number of tasks equal to the number of days for which he shall have been imprisoned, and shall not be discharged till he have performed such task, except by special order of the Governor.

Coroner's

162. Every inquest upon the body of an immigrant known or reputed to be inquest on such within the meaning of this Act, and employed on any plantation, shall be held immigrant by a Justice of the Peace, without the intervention of a jury, who shall sum up the evidence and make and sign order thereupon; and every such order shall be equi- valent in all respects to a verdict signed by a coroner's jury and countersigned by the coroner; and such Justice shall transmit to the Immigration Agent-General a state- ment of such particulars in respect to the identity of the immigrant and cause of death as he may be able to ascertain on such inquest.

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