No. 15-1856. Cancellation of contract for misconduct of servant. servant or apprentice is able to make compensation for such loss or damage, and if so, to fix the amount of such compensation, and make such order as to the payment thereof, either at once or by instalments out of wages to be yet earned, or otherwise, as shall seem reasonable and just, and in the meantime, and until default made in such payment, or in the payment of such some instalment, to defer passing sentence upon the party offending; but such Magistrate shall preserve on record the evidence in the case, and, upon application of the master, and proof given, upon oath, of some such default as aforesaid, shall issue his warrant for the apprehension of such servant or apprentice, and shall pronounce upon him such sentence as, regard being had to the circumstances of the original offence, and to the degree in which such servant or apprentice has made, or failed to make, the compensation ordered, shall appear equitable and just. 14. As often as the master of any servant or apprentice, who shall be convicted of any offence under this Act, shall desire the cancellation of the contract of service or apprenticeship, the Magistrate, should he so think fit, may order the cancellation of the same, and the same shall be cancelled accordingly; Provided that such cancellation shall not prevent the execution of any sentence which the Magistrate may pronounce or may have pronounced upon the offender for his offence. Cancellation of con- 15. As often as the master shall have caused any servant or tract on groundless accusation by the apprentice to be brought before the Magistrate to answer any master. charge preferred against him by such master, and such master shall fail in obtaining the conviction of such servant or apprentice, then the Magistrate, should he so think fit, may, at the desire of such servant or apprentice, order the cancellation of the contract of service or apprenticeship, and the same shall be cancelled accordingly. Actions by servants to compel delivery of property detained. 16. [S$ 16-20 repealed by Act 18 of 1873.] 21. The Magistrates of this Colony have jurisdiction in any civil case instituted by any servant or apprentice, to compel the delivery of any of his cattle, sheep, goats, or other animals, lawfully running or being upon his master's land, and which his master shall, either before or after the expiration of the contract of service or apprenticeship, upon demand made, and without lawful cause, have refused to deliver or permit to be taken away; and in case it shall be made to appear that the master had no reasonable and probable cause for believing that the animals in question were lawfully detained, the Magistrate shall, besides giving judgment for the delivery of such animals, and for costs, impose, at the same time, upon the master, a fine not exceeding one pound for every animal so unlawfully detained: Provided, however, that the total amount of the fine so payable shall not exceed the sum of 1 This section is repealed by Act 18 of 1873, but is reprinted in view of the provisions of § 3 Act 14 of 1870. See, however, § 15 Act 18 of 1873. five pounds altogether; such fine to be recoverable in like manner as No. 15-1836. Contract may be cancelled if the mas assaulted his servant 24. As often as any master shall be convicted of wrongfully and unlawfully assaulting his servant or apprentice, the convicting ter has wrongfully Magistrate may, should he so think fit, and should the servant or or apprentice. apprentice so desire, order the cancellation of the contract of service or apprenticeship, and the same shall be cancelled accordingly. 25. [§§ 25 and 26 repealed by Act 18 of 1873.] 27. If any child under the age of sixteen years shall be wrong- Detaining a child fully detained by any person as a servant or inmate, the Resident under 16 years of age. Magistrate of the district in which it shall be so detained, shall have jurisdiction to order the restoration of such child to such of its parents as would, under this Act, be entitled to apprentice such child, if then about to be apprenticed: Provided, however, that should it be made to appear, upon the hearing of any such case, that the person complained against originally obtained the said child in a lawful manner, and when an infant under the age of five years, and that the parent claiming the same has so acted in reference to the said child, and to the person bringing it up, as to make it a breach of good faith on the part of such parent to seek to take it away, as he or she now seeks to do,-and that from the character of the said parent, the purpose for which he or she appears to desire to obtain possession of the said child, or other circumstances, it will be for the manifest benefit of the said child to remain with the person with whom it is residing, rather than to be delivered to the parent applying, then the Magistrate shall refuse to order the delivery of the said child, leaving it to the parent applying for the same to take such other proceedings, if any, as he or she may be advised; and such Magistrate may, in the meantime, authorise the person rearing up such child to retain possession thereof. peace act for servants, respondent, court. 28. In any case between a master and his servant, or apprentice, Attorney-General in which the Resident Magistrate shall have given judgment in bed to clerks of the favour of such servant or apprentice, and such master shall appeal yn cases of appeal to from such judgment, or apply to have the same reviewed, it shall Supreme or circuit be the duty of the Attorney-General, in case such appeal or application shall be brought before the Supreme Court, and of the Clerk of the Peace for the district in which such judgment was made, in case such appeal or application shall be brought before No. 15-1856. the Circuit Court, (provided the said Attorney-General or such Clerk of the Peace shall be called on so to do), to appear for and conduct the case of such servant or apprentice, free of all charge or expense whatever,-and the Judge of the Circuit Court is hereby empowered, upon the motion of any such Clerk of the Peace, to assign counsel to act gratuitously for such servant or apprentice whenever such Judge shall be of opinion that it is fit and proper so to do. No master is bound to give a character of a servant. Consequences false of CHAPTER VI. Respecting Characters given by Masters to Servants or Apprentices, 1. No master is bound to give a character to any servant or apprentice, who is or has been in his service, or to assign any reason for refusing to give it. 2. Every master who shall knowingly have given any false knowingly giving a character to any servant or apprentice is liable to make compensation for any loss or damages which any third party, who, by reason of such character so given, has been induced to take such servant or apprentice into his service, has sustained by the misconduct of such servant or apprentice in any respect, or with reference to any matter to which such character so given was false. Penalties for coun terfeit certificates of representations. 3. Every person who, for the purpose of giving a character to character and false any servant or apprentice, or other person intending to offer himself to be hired as a servant, shall forge or counterfeit and utter any certificate of such servant's or apprentice's character, or shall falsely personate any other person, and as such, either personally or by writing, give any false, forged, or counterfeit character or certificate of character, of any such servant, apprentice, or other person offering or intending to offer to hire himself as a servant; and every person who shall offer to hire as a servant, asserting or pretending that he has served in any service in which he has not actually served, or with a false, forged, or counterfeit certificate of character, or shall in any wise add to or alter, by effacing, or erasing, or inserting any word or date, in any certificate given to him by his present or any former master, or by any other person duly authorised by any such master to give the same, and shall use, or attempt to use, the same, as an inducement to hire him, shall, on conviction thereof, incur and be liable to a fine not exceeding £50, nor less than £10, or to be imprisoned for any period not exceeding one year, nor less than one month, or to both such fine and imprisonment. CHAPTER VII. Respecting the Constraints of Masters, Servants, and Apprentices. No. 15-1856. punishment of un with servants or ap entering into or com service or appren 1. Any person who shall by violence to the person or property, Definition and or by threats or intimidation, or by molesting, or in any way lawful interference obstructing another, force or endeavour to force any servant or prentices, in order to apprentice to depart from his service or work, or to return his prevent them from work to his master before the same shall be finished, or to prevent pleting contract of or endeavour to prevent any servant or other person, not being ticeship. hired or employed, from hiring himself to, or accepting service or work from any person, or force or induce, or endeavour to force or induce, any such servant or apprentice, or other such person to belong to any club or association, or to contribute to any common fund, or shall use or employ violence to the property of another, or threats of intimidation, or shall molest or in any way obstruct another on account of his not belonging to any particular club or association, or not having contributed, or having refused to contribute, to any common fund, or to pay any fine or penalty, or on account of his not having complied, or of his refusing to comply, with any rules, orders, resolutions, and regulations, made to obtain an advance or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade, business, work, or labour, or the management thereof; or who, by any such violence, threats, intimidation, molestation, or obstruction, shall force, or endeavour to force, any manufacturer, or person carrying on any trade, business, work, or labour or engaged in agriculture, to make any alteration in his mode of regulating, managing, conducting, or carrying on the same, or to increase or limit the number of his apprentices or servants, shall on conviction thereof before any Resident Magistrate, or other competent Court, be imprisoned with or without hard labour, for any period not exceeding three months. Definition and protection of lawful acts 2. Provided always that nothing herein contained shall extend to subject to punishment any persons who shall meet together for and associations. the sole purpose of consulting upon and determining the rate of wages or prices which the persons present at that meeting, or any of them respectively, shall require or demand for his or their service or work, or shall pay his or their servants or apprentices for their service or work, or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices, which rate of wages or prices the persons entering into such agreement, or any of them, shall require or demand for his or their service or work, or pay to his or their servants or apprentices for their service or work, or of fixing the number of hours of work which he or they will work, or will require his or their servants or apprentices to work in any manufacture, trade, business, labour, or agriculture, and that no such persons so meeting No. 16-1856. together, or entering into any such agreement as aforesaid, shall be liable to any penalty or prosecution for so doing. No. 16-1856.] ACT [June 4, 1856. Preamble. Repugnant laws repealed. For Amending the Law relative to the Registration of WHEREAS it appears to be practicable to lessen the expense, without impairing the efficiency, of the system now in force for the registration of voters and the taking of polls: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: 1. So much of the 76th section, and of any other section, of the Ordinance constituting a Parliament in this Colony as shall be repugnant to or inconsistent with this Act, is hereby repealed. Postponement of And the act of the Governor aforesaid, in having hitherto deferred tration confirmed. the first biennial registration of voters, as in the said 76th section mentioned, is hereby ratified and confirmed. first biennial regis clamation, to call ward their claims Governor, by pro- 2. It shall be lawful for the said Governor, by any proclamation upon persons in each or proclamations to be by him issued and published in the Governfield-cornetey to for- ment Gazette, to call upon all persons resident in any Field-cornetcy for registration to within any Electoral Division, other than Cape Town and civil commissioner. Graham's Town, and qualified to be registered as voters for such division, but who are not registered in such Field-cornetcy and upon the list of registered voters for the time being for such Electoral Division, to send in to the Civil Commissioner of such division their claims, in writing; which claims may be either in the English or in the Dutch language, and shall be in substance as follows: Form of claim. Claim to whom addressed, and where to be left. "To the Civil Commissioner of " "Please take notice that I, A.B., residing in the Fieldcornetcy of in the above Electoral Division, hereby claim to be entitled to be registered in the said Fieldcornetcy, as a voter at the election of members of Parliament. Dated this (Signed) 185 A.B. " (describe his residence.) 3. Every such claim as aforesaid shall be addressed as aforesaid to the Civil Commissioner, and shall be marked on the outside "Claim to be registered as a voter," and shall be delivered either at the office of the Civil Commissioner of the division, or otherwise to the Field-cornet of the Field-cornetey in which the claimant resides. See Constitution Ordinance. |