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Appendix, No. 8. of such salary, until the arrival in this Colony of immigrants, to be introduced subject to the provisions of this Act.

Proceedings on arrival of vessel with immigrants.

Bounty or passagemoney to be paid on certificate.

Schedule (A.)

Agent to provide for unemployed immigrants.

Registers of immigrants to be kept.

Application by employer requiring immigrants.

7. Upon the arrival of any vessel, having immigrants on board, the Immigration Agent, accompanied by the Health Officer of the port, shall forthwith proceed on board of such vessel, and the two shall ascertain, by personal inspection of the vessel and immigrants, whether the provisions of the Imperial Passenger Act, for the time being, so far as they may be applicable, have been complied with or not; and such Immigration Agent and health officer shall personally muster such immigrants, and compare the number and names of such immigrants with the duplicate list, if any, furnished to the master by the agent at the port of embarkation, which he shall require such master to produce and deliver to him, and shall certify upon such duplicate list the name of the vessel, the total number of immigrants then living and on board such vessel, together with the state or condition of such immigrant, his fitness for agricultural labour, and at whose cost and charges he is imported and in case any immigrant shall have died during the passage, or the number or names of the immigrants shall differ from the number and names of the immigrants stated in such duplicate list, the Immigration Agent shall note such death or difference upon such duplicate list, and thereupon, with the approbation of the Governor, shall grant a licence for the disembarkation and landing of the immigrants from such vessel.

8. If the Immigration Agent, with the assistance of the Health Officer of the port, on personal inspection of the vessel and immigrants, shall be satisfied that the provisions of the Imperial Passengers Act, for the time being, in so far as they apply, have been fully complied with, he shall transmit to the Governor a certificate, in the form annexed, marked (A.), stating in the same the date of arrival in this Colony of such immigrants, and the place from whence, and the vessel in which such immigrants shall have arrived, and the sum of money payable in respect of such immigrants, and thereupon the Governor shall issue his warrant to the public treasurer to pay the same; provided that bounty or passage money shall be paid only for such immigrants as are landed alive in this Colony.

9. If any immigrants shall not, on their arrival, be immediately provided with employment, it shall be the duty of the Lumigration Agent, with the approval of the Governor, to provide such immigrants with wholesome and sufficient food and with convenient lodging on shore, until the means of earning their own subsistence can be procured for them; and the Immigration Agent shall deliver to the Governor an account, supported by all necessary vouchers, of the expenditure incurred by him in procuring such food and lodgings, and if such account be approved of by the Governor the same shall be paid.

10. The Immigration Agent shall keep separate registers of all immigrants introduced into this Colony; that is to say, firstly, a register of immigrants from any of Her Majes y's dominions in the East Indi-s, or from the possessions of the East India Company; secondly, a register of indentured Africans; thirdly, a register of Portuguese immigrants; fourthly, a register of Chinese immigrants; and fifthly, a register of all other immigrants, not coming under the denomination of any of the immigrants mentioned in any of the aforesaid classes; and shall, in each of such registers, insert the name of each immigrant thereto belonging, and the number attached to his name, in the list delivered by the master of the ship in which he shall be imported, and shall number each of the immigrants of each class by a particular number, proceeding in regular order with the other numbers, so that no two immigrants of the same class shall bear the same number; and shall also insert in each of such registers, under different heads, the number, name, age, sex, size, birth-place, and any distinguishing mark of every immigrant belonging to such class, and the name, if such can be ascertained, of the parents of such immigrant, the time when, the place from whence, and the name of the party, if any, at whose cost and charges such immigrant may be imported, and the name of the vessel in which such immigrant shall have arrived, together with the cost of the passage of such immigrant, and whether such immigrant will or will not be entitled to a return passage, and of the amount of money which may have been advanced to such immigrant previous to his arrival in the Colony, and which is to be repaid by him out of his wages.

11. Any employer, who may be desirous of locating immigrants on his plantation, under the provisions of this Act, shall make application to the Immigration Agent, fully setting forth, in writing, the situation of such plantation, the name of the proprietor thereof, the number and description of the immigrants required, the nature of the labour to be performed, and all other particulars; and no such application shall be received, unless such employer shall also satisfy the Immigration Agent that comfortable and sufficient accommodation, a suitable hospital and medical attendance, according to law, have been or will be duly provided for such immigrants, and the Immigration Agent shall make and keep in his office a true and faithful register of all such applications, numbering them in the order in which they shall be respectively received, such numbering, however, not to give any right of preference to any person or plantation, over any other person or plantation, and every such application shall remain good and valid, until the number of immigrants applied for shall be allotted, or unless such application be withdrawn by the applicant, or be rendered invalid by the death, insolvency, or absence unrepresented of the party making the same.

Contracts made with Indian and African immigrants

12. Unless by permission of Her Majesty's Government, previously had and obtained, no contract entered into by any employer with any imigrant from any part of India, or from out of Colony, when any part of the African continent, or from the island of Madagascar, or from any other

island

binding.

island adjacent to the coast of the African continent, and inhabited by the negro race, shall Appendix, No. 8. be valid, unless the same shali have been made within this Colony.

13. If any labourer, arriving in this Colony from Madeira, the Azores, the Canaries, or the Cape de Verd Islands, or from any part of Europe, or of the West Indies, or of the United States, or of the British Provinces of North America, or from China or from any port or place from which immigration, on bounty, shall have beet permitted by such proclamation, as aforesaid, except from any place mentioned in the 12th clause of this Act, shall, before his arrival, have contracted with any person to perform service in this Colony, such contract shall, when approved and countersigned by the Immigration Agent, and subject to such alterations as the said agent may, with the consent of the parties, have made therein, be valid in this Colony, provided such contract, or the same with such alterations thereto as aforesaid, be not in violation of any of the provisions of this Act; and provided that, except as hereinafter mentioned, no such contract shall be so approved and countersigned, unless it shall have been signed with the names or marks of the contracting parties, and attested by some notary public or British Consul, or by some other person, approved by or acting under authority of Her Majesty's Government, who shall declare that the parties entered into it voluntarily, and with a full understanding of its meaning, nor unless the Immigration Agent shall be satisfied that the immigration has been carried on in accordance with all existing regulations of the Imperial or Colonial Government.

What other contracts may be made out of Colony.

14. If the Immigration Agent shall not be satisfied, or shall find the contract not to be so The Governor may signed and attested as aforesaid, he shail report the same to the Governor, who may, if he direct Immigration shall think fit, notwithstanding such report, direct the Immigration Agent to approve and Agent to approve countersign such contract in manner aforesaid.

contract.

15. Every immigrant from the Island of Madeira, from any of the Islands of the Azores, Form of indenture, or the Cape de Verd or Canary Islands, or from Her Majesty's dominions in the East Indies, or from the possessions of the East India Company, or from China, or from any part of the African continent, from which immigration shall be permitted by Her Majesty's Government, who shall not, before arrival, have entered into contract, to be approved as aforesaid, and every liberated African of the first class shall be indentured, in the form annexed, marked (B.), for a period of three years from the date of his arrival, and every such immigrant, other than one from the African continent, or a liberated African, shall, at the end of the said three years, enter into a second indenture with the same employer for a further term of two years, or shall pay, in commutation thereof, the sum hereinafter enacted; but every such immigrant entering into such second indenture shall be entitled, at the expiration of one year's service under such indenture, to pay, in commutation of the remaining year's service, the sum hereinafter enacted.

service.

16. Every immigrant, other than one from the African continent, or a liberated African, who Commutation for shall elect to pay a sum of money, in commutation of service under indenture, shall pay in commutation of two years' service, the sum of 51. sterling, and in commutation of one year's service the sum of 2 l. 10s. ; and if any such immigrant shall fail to declare to the Immigration Agent or to the police magistrate, or, if there be no police magistrate, to the presiding justice of the peace of the police district in which such immigrant may be then resident, not less than one, nor more than three months, before the expiration of the indenture under which he may be then serving, whether he desires to be re-indentured, or whether he will pay, in commutation of service under indenture, the sum of money enacted for commutation of service as aforesaid, or, having elected to pay in commutation of such service, shall fail to pay the sum of money appointed for such commutation of service to the Immigration Agent, or to the police magistrate of the district in which such immigrant may be then residing, at least 14 days before the expiration of the indenture under which he may be then serving, such indenture shall thereupon be deemed to be renewed, in like manner as if such immigrant had applied to be re-indentured; and the Immigration Agent, or such magistrate, as the case may be, shall, within eight days after such election, and after such payment in commutation of service as aforesaid by such immigrant, noti y the employer of such immigrant of such election and payment respectively, for his guidance in that behalf.

17. Every immigrant of African descent, not being a British subject, who shall come, for Naturalization of the purpose of settling within this Colony, from any part of the United States or of the aliens of African British Provinces of North America, and who shall have entered or shall enter into contract descent. as aforesaid, shall, after three years' residence in this Colony, and on taking the oath of allegiance to Her Majesty before the Governor, in the presence of the Secretary of the Colony, be entitled, within this Colony, to all the privileges of a natural-born British subject; and such Secretary shall enter, in a register to be kept in his office, the name, sex, and age of every such immigrant taking the said oath, and the day when, and the vessel in which such immigrant shall have arrived, and the party with whom such immigrant shall have entered into contract, as aforesaid; and such register, or an extract therefrom, certified by such Secretary, shall, upon proof of the identity of such immigrant, be sufficient evidence of the right of such immigrant to the privileges aforesaid.

18. All liberated Africans who may be hereafter sent to this Colony at the expense of Classification of Her Majesty's Treasury, shall be divided into two classes, the first class of whom shall liberated Africans, comprise all those who, upon the inspection of the Immigration Agent and the Health Officer, shall be considered to be of the age of 15 years and upwards, and the second class

Appendix, No. 8.

Contract with

liberated Africans of the second class. Schedule (C.) Recovery of advances to Chinese immigrants.

Location of immigrants,

Bounty to be paid by employer of immigrants.

(C.)

21. On the arrival in this Colony of any immigrants not already under a contract with some individual, the Immigration Agent shall, with the approval of the Governor, proceed to locate them on such plantations as they may prefer, or, if they do not desire to exercise any preference, shall locate them, in such numbers and proportions as circumstances will admit of, on those plantations for which applications for immigrants shall have been previously made; and each employer, before he shall become entitled to the services of such imSchedule (B.) and migrant, shall enter into a contract, according to the form annexed, marked (B.) or (C.), with such immigrant, or with the Immigration Agent, in his behalf, as the nature of the case may require, for such period as any such immigrant is, by any of the preceding sections of this Act, required to be indentured upon arrival, which said contract shall be in triplicate, aud shall be prepared by the Immigration Agent, and for preparing which such Immigration Agent shall be entitled to the sum of 1s., and no more, for each such contact in triplicate as aforesaid, to be paid by the party to whom the immigrants are to be allowed; and one copy of such contract shall be delivered to the immigrant, another to the employer, and the third shall be forwarded to the police magistrate for the district, or, if there be no police magistrate, to the presiding justice for the district; provided that it shall not be lawful for the said Immigration Agent, in locating such immigrants as aforesaid, to separate husbands from wives, nor children under 15 years of age, from their parents or natural protectors; and provided, further, that no immigrants shall be allotted to any employer who is in arrear in the payment of any sum due to the Colony for or on account of immigrants previously allotted to such employer.

List of immigrants
to be published
annually.
Schedule (D.)

of whom shall comprise all those who, upon such inspection as aforesaid, shall be considered to be under the age of 15 years.

Manager of plantation to keep muster

roll.

19. All liberated Africans of the second class shall be indentured until they shall have attained the age of 18 years, in the form annexed, marked (C.), or in such other form as may be approved by the Governor.

Schedule (E)

20. Any person to whom any Chinese immigrants shall be allotted, for whose introduction bounty may be claimed, and who shall, previously to their embarkation, have entered into a contract, engaging them to repay advances made to them by monthly deductions from their wages, shall pay to the party with whom such contract shall have been made the amount of such advances, provided the same shall not exceed 27. 10s. for each immigrant, and such first-mentioned person shall be authorised to recover such amount by monthly deductions from the wages earned by such immigrants, in the proportion of not more than 4s. 2d. per month.

Colonial Secretary

23. The Immigration Agent shall, whenever he allots immigrants, transmit forthwith to the

to have list of allot- Colonial Secretary a list of the estates to which such immigrants have been allotted, stating

ments and amounts

due.

the number and description of immigrants allotted to each, and the amounts paid by such estates respectively for such immigrants.

22. Every employer to whom any immigrant shall be indentured on arrival as aforesaid shall, on or before the execution of such indenture, pay to the Public Treasurer one half the bounty or passage money which shall be due or shall have been paid in respect of such immigrant; and if, at the expiration of the third year of contract of any immigrant, or of indenture of any immigrant, under the form (B.) hereunto annexed, such immigrant, whether such immigrant be imported at the public expense or under private contract, according to the provisions of the fourth clause of this Act, shall not, at the expiration of the third year of his service under contract or indenture as aforesaid, re-indent himself to his said employer for two years further service, but shall pay the sum of money hereinbefore enacted for commutation of such two years' service; then and in such case such employer shall be entitled to demand from the Treasurer of this Colony, and shall receive out of the Immigration Fund, a sum of money equal to one-fifth of the aforesaid bounty or passage-money of such immigrant; and if such immigrant shall re-indent himself for the further period of two years, or continue in the service of his said employer beyond the period of three years, under his said first indenture or contract, but at the expiration of his fourth year of service, or of the first y ear under the second indenture, shall pay the sum of money hereinbefore enacted, for commutation of his fifth year of service under indenture, then and in such case such employer shall be entitled to demand from the said Treasurer, and shall receive out of the said Immigration Fund, a sum of money equal to one-tenth of the aforesaid bounty or passage-money of such immigrant.

24. The Immigration Agent shall as soon as possible after the first day of January in each and every year, publish in the official Gazette of the Colony a list, in the form annexed, marked (D), or in such other form as may be approved of by the Governor, of all vessels which have arrived in the Colony with immigrants during the year preceding, the number of immigrants so arrived, and the distribution of such immigrants.

25. The manager or person in charge of any plantation or estate, upon which any Chinese, Indian, or African immigrants shall be employed, whether under contract or indenture, or under monthly contracts, as hereinafter provided, shall for each and every month that such immigrants shall continue to be so employed, keep a muster roll of such immigrants, in the form annexed, marked (E.), and it shall be the duty of such manager or person in charge, and he is hereby reqni ed to direct all such immigrants to attend each day, at such convenient time or times, and at such convenient place or p'aces on the plantation or estate, as may by him be assigned for that purpose; and such manager or person in charge shall then and

there,

there, either personally, or by means of some person deputed by him, call over the names of Appe: dix, No. 8. all such immigrants, and note upon the muster roll, whether they or any of them are present. or absent, and such muster roll shall daily be signed by the person by whom the names shall have been so called over, and shall be carefully preserved by the manager or person in charge of the plantation or estate, for the purposes of this Act; and any manager or person in charge of any plantation or estate who shall fail to comply with the provisions of this section, or shall make any false entry in the muster roll to be by him kept, shall be liable on conviction to a penalty not exceeding 41. for every such offence, and in default of payment to imprisonment not exceeding five days.

26. Every verbal or unwritten contract or agreement for the hire of any immigrant, shall Form of verbal in the absence of proof of any express agreement between the parties to the contrary, be contract. deemed and taken in law to be a contract or agreement for one month, and to be renewable from month to month, and shall be deemed and taken in law to be so renewed by the parties, unless a week's previous notice or warning be given by either party to the other of his or her intention not to renew the same, and the wages for such service shall be payable weekly; and any employer shall be entitled to discharge any immigrant hired under the provisions of this section, without previous notice, provided such immigrant be instantly paid his wages for the time he has served, and also for 15 days from the time of such discharge; provided that any such verbal or unwritten contract or agreement may at any time be determined by the misconduct of either party, in their relative capacity of employer and servant, which may be proved by either party against the other.

27. If any employer shall terminate any contract or agreement, made with any immigrant Penalty on breach under the provisions of the preceding section, except with the consent of such immigrant, of verbal contract or by giving notice or paying wages, or for misconduct, as therein provided, such employer by employer. shall forfeit and pay to the use of the immigrant a sum equal to one month's wages, according to the rate of wages which may have been fixed by and between the parties, or if the rate of wages shall not have been so fixed, then such sum as the presiding magistrate or justices may consider fair and reasonable as and for a month's wages, in addition to the wages due to the immigrant at the time of the termination of such contract.

defence.

28. On any complaint made by any employer against any immigrant, for refusing or wil- Immigrant may fully neglecting to perform any verbal or unwritten contract, such immigrant shall be at prove ill usage in liberty to show by evidence in answer to such complaint, that he terminated his service or contract in consequence of ill usage by his employer, or for some other good and sufficient cause, to be judged of by the presiding magistrate or justices.

29. If any employer shall ill use any immigrant, he shall be liable on conviction to a Penalty on ill penalty not exceeding 107.

usage.

30. Upon any complaint made by any employer or immigrant, the magistrate or justices Justice may disby who such complaint shall be heard, may, in addition to any other order made on such charge from concomplaint, award to such immigrant the whole or such proportion of the wages appearing in any case as to tract, and decide due to him, as such justice or justices shall think reasonable, or shall authorise the employer wages due, in addito retain the whole or any specified portion of such wages, and may discharge such employer tion to any other or immigrant from his contract or service, and shall in such case give to such employer or order on complaint immigrant as the case may require, a certificate of such discharge and of such award, with- made. out any fee or consideration.

31. If it shall be made to appear to the Governor that any employer of any indentured immigrant, or other person acting under his authority, shall have been convicted of gross or repeated ill usage or ill treatment of any such immigrant, the Governor may direct the immigrant so ill used or ill treated, and also if he shall so think fit, every other immigrant indentured to such employer, to be released and discharged from all further service to such employer, and thereupon such immigrant or immigrants shall be wholly discharged from all further service to such employer; and the Governor shall direct the Immigration Agent to indenture immigrants discharged under the provisions of this or of the preceding section, to such other employer as to him may seem fit: Provided always, that the term of service for which any such immigrant shall be indentured, by any such new indenture, shall not, together with the time of his or her past service, exceed the period of service for which such immigrant was previously bound.

Governor may discharge immigrant from service, on account of ill usage

by employer.

32. Any immigrant who without reasonable cause shall neglect or refuse to attend at the Immigrant abdaily call of the muster-roll, or at and during the time and hours, or at the place where and senting himself, rewhen he shall have contracted or agreed to attend, in commencing or carrying on any work, fusing to work, or during such hours as it shall be usual so to attend, or who without reasonable cause shall guilty of misconleave unfinished or refuse to finish any work contracted or agreed to be done, or who shall be guilty of any drunkenness, wilful disobedience of orders, insolence, or neglect of duty, or other misconduct in the service of his employer, or who shall quit the service of such employer without leave or reasonable cause, before the end of the period stated in his indenture, or before the end of the period for which he shall have verbally contracted or agreed to serve, as the case may be, he shall on conviction thereof, forfeit the whole or any part of any wages then due, and not exceeding the wages of one week, and be punished by fine or imprisonment, with or without hard labour, at the discretion of the presiding magistrates cr justices, such fine not to exceed 47., and such imprisonment not to exceed 30 days.

Appendix, No. 8.

On complaint of
absence, muster
roll to be produced,

Governor in

Council may make rules for general treatment of immi

grants.

Hours of labour.

Employer failing to provide employ

ment.

Abatement of wages for misconduct.

Immigrant endangering or destroying property.

Limitation of period for preferring complaints.

Issue of certificate of industrial residence.

Schedule (F.)

Or of exemption from labour.

Register of certifi

cates.

33. In the case of any complaint made by any employer against any Chinese, Indian, or African immigrant, for absenting himself from his service or employment, it shall be lawful for the presiding magistrate or justices, and he and they is and are hereby required, to demand the p oduction of the muster-roll of the plantation or estate, for the month during which such absence shall have taken place, and if such muster-roll shall not be produced, or if it shall appear on inspection thereof, and shall be proved in evidence that the names of such inmigrants have not been duly called over, as hereinbefore enacted, then a d in any such case such complaint shall be dismissed.

34. It shall be lawful for the Governor in Council, from time to time, to make and promulgate rules and orders respecting the lodging, medicine, medical attendance, care, food, and clothing, and for the general treatment of all immigrants, and the regulations, so made, shall be deemed part of the contract of the employer and the immigrant.

35. Every indentured immigrant, in the absence of any express agreement to the contrary, and except in case of illness, shall be bound to work upon or in the service of the plantation mentioned in his indenture for nine hours of each day, Sundays, Good Friday, New Year'sday, and Christmas-day only excepted: Provided always, That during his absence, on account of illness, every such immigrant shall, in the absence of any express agreement to the contrary, receive, instead of wages, such allowances as the state of his health may require.

36. If it shall be established before any two justices of the peace, on complaint preferred by any indentured immigrant, that such immigrant is not provided by his employer with sufficient work to enable him to earn a just amount of wages, in terms of his contract, such justices shall declare and adjudge the contract or indenture of such immigrant to be thereby cancelled; and thereupon it shall be lawful for the Governor to cause such immigrant to be in entured to some other employer, who shall be required to pay or to give promissory notes, in manner and form provided by section 24 of this Act, for such sums as may be the due proportion of the bounty or passage money, for the unexpired period of the term of service transferred to him, the original employer and his estate remaining liable, however, for such sum or sums as may be due, for the expired term or proportion of the whole period of service, as expressed in the original contract or indenture.

37. Upon any complaint by any immigrant for non-payment of wages, or damages for breach of contract, or misconduct by his employer, it shall be lawful for the presiding magistrate or justices to make a proportional abatement out of any sum to be awarded as the wages or damages due to such immigrant, for such days or time as he shall be proved to have been, without the consent of his employer, absent from or neglecting his service or work, and also for the value of any damage done to the property of his employer, by or through the misconduct, or negligence, or carelessness of such immigrant.

38. If any such immigrant as aforesaid shall, by negligence or other improper conduct, ose, throw away, endanger, or damage the property of his employer, or shall endanger such property by a careless or improper use of fire, or shall cruelly ill use any cattle or other live stock belonging to his employer, or entrusted to his care, or by negligence shall suffer or occasion to be cruelly ill used any such cattle or live stock, every such offender, on conviction thereof, shall be punished by fine or imprisonment, with or without hard labour, such fine not to exceed 4 l., and such imprisonment not to exceed 30 days.

39. No complaint by any employer against any immigrant, or by any immigrant against any employer, made under any of the twelve preceding sections of this Act, shall be entertained unless the same shall be preferred within 30 days after the occurrence of the subject matter of such complaint; and, upon the hearing of any such complaint, no abatement or deduction shall be made from the amount determined to be due to either party, by reason of any misconduct, of which such party may have been guilty, at any time exceeding 30 days before the institution of such complaint.

40. Every immigrant, of whatever description, who shall have completed the term of service, under contract or indenture, hereinbefore required of him respectively, or shall have paid the sums hereinbefore required to be paid in commutation of such service, shall be entitled to demand and receive from the Immigration Agent, free of all charge, a certificate of industrial residence, to be written or printed according to the form in the Schedule (F.) to this Act annexed, and shall and thereupon be released from all further obligation to perform service, under contract or indenture, and such certificate shall be delivered, free of cost, to such immigrant by the said Immigration Agent at the proper time, if he can be found, whether application shall be made for the same or not; provided that it shall be lawful for the Governor, on being satisfied that any immigrant is, whether from sickness or any other cause, permanently disabled and unfit to perform any labour, to authorise the Immigration Agent to grant a certificate of exemption from labour, and provided that notice shall be published by the Immigration Agent for the space of one month before the issue of any certificate under this section of the intention to issue the same.

41. The Immigration Agent shall keep a register of all certificates issued under the provisions of the preceding section, which register shall contain the description, sex, age, and any other distinguishing mark, as clearly as the same can be set forth, of every immigrant to whom any such certificate may be granted; and if, at any time, any question shall arise, whether before a court of law or elsewhere, respecting any such immigrant, and he shall be

unable

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