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to appoint an arbitrator after receiving due notice from the lessee, euch lessee may proceed to have the amount of compensation fixed and awarded ex parte.
62. An account of the amount due by any employer under the provisions of any of the preceding sections hereof, signed by the immigration agent general, countersigned by the receiver general, and approved by the governor, together with, in the case of immigrants allotted on arrival, the application in writing for the immigrants made by or on behalf of such employer shall, without proof of any of such signatures, and without proof of any other matter or thing, be held and deemed to be, in all courts and by all judges and magistrates, prima facie evidence of such account being in every particular correct.
53. The commissioners appointed under ordinances No. 16, of the year 1855, and No. 8, of the year 1857, may apply any money raised or to be raised by them in payment of the passage
be introduced and allotted in conformity with the provisions hereof. And the commissioners appointed under the ordinances No. 26, of the year 1856, and No. 6, of the year 1859, may apply any money raised or to be raised by them in payment of any bounty hereby declared to be payable to any immigrant: Provided, That such money shall be so applied in manner and form enacted by the said ordinances, respectively.
54. All complaints, differences, and disputes which shall arise respecting any matter or thing treated of in ordinance No. 7, of the year 1854, or in this ordinance, shall and may be heard and determined by any stipendiary magistrate, or by any special justice of the peace, appointed under the provisions of ordinance No. 19, of the
55. The manager or person in charge of each estate on which indentured immigrants shall be employed shall take
care that the yards and grounds in the vicinity of the dwellings of such immigrants shall be at all times kept well drained and clean, and clear from bush or weeds or rubbish of any description ; and every manager or person in charge of an estate who shall fail to comply with the provisions of this section shall be guilty of an offence, and shall be liable, on conviction, to a penalty not exceeding twenty-four dollars; and if more than three convictions under this section shall be obtained against the manager or person in charge for the time being of the same estate, it shall be lawful for the governor, if he shall think fit so to do, to direct all the indentured immigrants on each estate to be released and discharged from their indentures, and to be re-indentured for the unexpired terms of their indentures to such other employer as he shall think fit.
56. In this ordinance, and in all ordinances now in force relating to immigration, the term “ immigration agent general" shall also mean “sub-immigration agent,” except in so far as relates to the future indenturing of minor immigrants under the age of fifteen years, all indentures on the part of whom shall be executed by the immigration agent general himself.
57. This ordinance and the following sections of ordinance No. 7, of the year 1854, that is to say, from the 1st to the 13th section, both inclusive; the 15th and 17th sections; from the 22d to the 52d section, both inclusive; from the 54th to the 60th section, both inclusive ; and the 62d section, shall be construed together as one ordinance.
58. This ordinance shall come into operation and take effect on the publication hereof.
And that no ignorance may be pretended of this our ordinance, these presents shall be printed and published in the customary manner.
Thus done and enacted at our adjourned assembly, held at the Guiana Public Buildings, Georgtown, Demarara, this third day of January, one thousand eight hundred and sixty, and published on the fourteenth following:
P. E. WODEHOUSE. By command of the court,
W. WALKER, Secretary.
AN ORDINANCE to amend certain of the regulations relating to immigrants in this
colony. Ordinance enacted by his excellency Philip Edmund Wodehouse, esq., com
panion of the most honorable order of the Bath, governor and commander-inchief in and over the colony of British Guiana, vice-admiral, and ordinary of the same, &c., fc., &c., with the advice and consent of the honorable the
court of policy of said colony, To all to whom these presents do, may, or shall come, greeting! be it known:
Whereas it is necessary to amend certain of the regulations relating to immigrants at present in force in this colony: Be it therefore enacted by his excellency the governor of British Guiana, with the advice and consent of the court of policy thereof, as follows:
1. The 45th section of the ordinance No. 7, of the year 1854, and the 4th, 5th, 14th, and 40th sections of the ordinance No. 1, of this present year, shall be, and the same are hereby, repealed.
2. All written contracts for the performance of any labor or service of agriculture in this colony which shall be made by or with the authority of the emigration agent in China with any Chinese immigrant shall be binding on the parties thereto for the period named therein, not exceeding the period of five years, to be computed from the day of the landing of such immigrant in British Guiana; and every such contract shall be signed, with the names or marks of the contracting parties, or of persons lawfully acting on their behalf, and shall be attested by the emigration officer at the port of embarcation, who shall declare that the immigrants, parties to such contracts, signed the same voluntarily and with a due understanding of their effect; and every signature purporting to be the signature of any such emigration officer shall be held to be genuine without any proof thereof; but every person disputing the genuineness of any such signature shall be at liberty to prove that such signature is not genuine; and every such contract shall conform to the following conditions, namely :
First. Every such contract shall secure to the immigrant the same rate of wages for the same proportionate quantity of work as may, from time to time, be paid to anindentured laborers working on the estate on which he shall be employed; or otherwise, every such contract shall secure to the immigrant wages at the rate of four dollars per calendar month, with sufficient food, on condition that such immigrant shall work seven hours and a half each day, with a reservation of five holidays in each year, to be fixed by the governor, and every Sunday.
Second. Every such contract shall bind the employer to furnish to the immigrant, free of charge, suitable lodging, and, when sick, suitable and sufficient medicines and nourishment, medical attendance, and hospital accommodation.
Third. Every such contract shall authorize the employer to deduct the sum of one dollar per mensem from the wages of any such immigrant in repayment of any advance which may be certified to have been made to him in China by the emigration agent, and also to deduct from the wages of any immigrant who may assign a portion thereof to any party in China a sum equal to such portion in each month.
Fourth. Every such contract may be terminated by the immigrant party thereto, at the end of each year from the commencement of the same, on payment for each unexpired year of the term of the contract of a sum equal to one-fifth of the amount which shall have been paid for the passage of such immigrant. And every such immigrant may change his employer at the end of the third and of the fourth years of his contract.
Every such contract may be made in one of the forms contained in the Schedule A to this ordinance annexed.
3. Every contract made under the provisions of the preceding section shall, on the arrival of the immigrant, be submitted to the immigration agent general, who shall and may make such alterations therein for the benefit of the immi- . grant as he shall judge necessary to render the same conformable to the above conditions, and shall require the employer to whom the immigrant shall be allotted to sign the same, and shall thereupon himself sign such contract, and no such contract or altered contract shall be binding on any such immigrant till so signed.
4. Every Chinese immigrant, who may in China enter into a contract securing to him wages at the rate of four dollars per mensem with food, may at any time after his allotment to any plantation, and in the presence of the manager of the same, signify to the stipendiary or special magistrate of the district his desire to exchange such contract for one securing to him the rate of wages paid to unindentured laborers, as hereinbefore provided; and the stipendiary or special magistrate shall thereupon make a note to that effect on the contract of such immigrant, and on the certificate which may have been granted as hereinafter provided to the employer of such immigrant; and thereupon such contract shall be deemed to be exchanged; and every such exchange shall be forthwith reported by the stipendiary or special magistrate to the immigration agent general, for record in his office. 5. If any Chinese female immigrant shall be introduced into this colony without having entered into any contract in China, such female immigrant shall, if married, be required to reside on the estate to which her husband may for the time be indentured; and if such female immigrant shall be unmarried and a minor, she shall be required to reside on the estate to which her father may for the time be indentured ; and the employer to whom such husband or father may be indentured on arrival shall, in manner provided by and subject to the conditions contained in the 16th section of the ordinance No. 1, of this present year, pay to the receiver general the sum of forty dollars for the introduction of such female, but shall have no right in law to require such female to labor for him unless with her own consent.
6. Whenever any Chinese immigrants shall be allotted on arrival to any plantation, the immigration agent general shall furnish the employer of such immigrants with a list, showing the amount which may have been advanced to each of them in China; and such employer shall pay the amount so shown to have been advanced to the receiver general at the expiration of two years from the date of such allotment: Provided, That if any such iminigrant shall die before his employer shall have recovered from him, in manner hereinbefore provided, the whole amount advanced, such employer shall be bound to pay to the receiver general the sum of one dollar for each month that such immigrant may have lived in his service, and no more ; and if any such immigrant shall terminate his contract, in manner provided by the fourth article of the second section hereof, before he shall have repaid the sum advanced to him in China, he shall then pay to his employer any balance remaining due; and the receiver general shall be, and he is hereby, authorized and empowered to recover any sums becoming due under this section, in manner and form provided for the recovery of sums due for immigrants allotted to plantations.
7. When and so soon as the total amount due under the provisions of the preceding sections in respect to the immigrants introduced during any one season, shall have been paid to or recovered by the receiver general, one-third thereof shall be carried to the credit of the general revenue of the colony, and the remaining two-thirds shall be ratably distributed between the employers to whom any Chinese immigrants shall have been allotted during such season.
8. If, in the case of any complaint being made against any Chinese immigrant,
who may be under a contract securing to him wages at the rate of four
dollars per mensen,with food, for refusal or neglect to work seven hours and a
10. The governor may allot to any employer such or any less number of immigrants, of any description, who may arrive in this colony at any time after the taking effect hereof, as such employer may, in writing, have consented to take, or may have applied for, or may hereafter apply for, previously to such allotment; and such employer shall thereupon be bound to pay, either wholly in cash, or partly in cash and partly in promissory notes, according to the undertaking of such employer, the sum appointed by the ordinance No. 1, of the present year, to be paid upon the indenture of each immigrant of each description, together with a fee of twenty-four cents for each such indenture; and upon such payments being made, the indenture shall be duly executed; and the governor shall, in making such allotments, allot such immigrants to the estates for which they may express a preference, and shall take care not to separate husbands from wives. No immigrant 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 any immigrant previously allotted to him.
11. Every contract or indenture which shall be made under the provisions of this ordinance or of the ordinance No. 1, of the present year, shall be exemp! from stamp duty, and the particulars of every such contract or indenture shall be fully recorded in the office of the immigration agent general. And thereafter the immigration agent general shall deliver such contract or indenture to the immigrant bound thereby, and shall give to the employer of such immigrant a certificate according to the form in the Schedule B to this ordinance annexed. And such certificate shall be admitted in evidence by any stipendiary or special magistrate, in the hearing of any complaint, difference, or dispute between any immigrant mentioned therein and his employer. And if any such certificate shall be lost or destroyed, the employer shall be entitled to demand and receive from the immigration agent general after payment to the receiver general of the sum of five dollars, a duplicate of the same. And if at any time it shall be discovered that such employer has not signed the contract or indenture with any immigrant named in any such certificate, such certificate shall be taken to be good and sufficient evidence of the existence of the agreement between such employer and immigrant.
12. Whenever any immigrant under indenture shall be committed to prison, whether under civil or criminal process, the employer of such immigrant shall notify the fact of his being under indenture to the keeper of such prison; and such keeper shall
, at the expiration of the period for which such immigrant shall remain in his custody, whether before or after sentence, certify such period to the immigration agent general, and shall likewise, if any such immigrant be removed to any other place of confinement, notify to the said immigration agent general the term for which such immigrant may be sentenced to be imprisoned. And every immigrant under indenture who shall, by reason of such imprisonment or of desertion, be absent from the service of his employer for a period equal to or exceeding one month for each year of his indenture, shall be bound, after his release from imprisonment or return to the estate, and after the expiration of the period stated in the indenture, to serve the same employer for a term corresponding with that of his absence: Provided, That if any such immigrant shall be committed to prison for trial and shall be acquitted, he shall not be bound to serve such employer for any additional term after the expiration of his indenture.
13. The immigration agent general shall keep a separate book in which shall be entered all reports made to him under the preceding section, and shall grant to the employer of every immigrant under indenture who may have been so imprisoned a certificate of the period of such imprisonment; and thereupon such indenture shall be deemed to be renewed for a corresponding period commencing from the day on which such indenture would otherwise have expired.
14. Every Indian immigrant who shall have arrived in the colony before the month of December, 1853, and who shall not be under any indenture or contract of service, and who shall have acquired a certificate of industrial residence, shall be entitled to a passage back to the port from which he sailed at the expense of the colony; and every Indian immigrant who shall have arrived or who may arrive in this colony during or after the month of December, 1853, and who shall not be still under any indenture or contract of service, and who shall have acquired a certificate of industrial residence, shall, when ten years have elapsed fiom the time of such arrival, be entitled to a passage back to the port from which he sailed at the expense of the colony.
15. Every Indian immigrant who shall become entitled to a passage back to the port from which he sailed, and who, after having claimed the same, shall be detained against his will in this colony, shall be entitled, at the time of his embarking, to demand and receive from the receiver general the sum of six dollars for every six months of such detention.
16. This ordinance and the following sections of the ordinance No. 7, of the year 1854, that is to say: from the 1st to the 13th section, both inclusive; the 15th and 17th sections; from the 22nd to the 44th section, both inclusive; from the 46th to the 52d section, both inclusive; from the 54th to the 60th section, both inclusive; and the 62d and 63d sections: and the following sections of the ordinance No. 1, of this present year, that is to say: the 1st, 2d and 3d sections ; from the 6th to the 13th section, both inclusive; from the 15th to the 39th section, both inclusive; and from the 41st to the 58th section, both inclusive, sha be construed together as one ordinance.
17. This ordinance shall come into operation and take effect on the publication thereof.
And that no ignorance may be pretended of this our ordinance, these presents shall be printed and published in the customary manner.
Thus done and enacted at our adjourned assembly, held at the Guiana Public Buildings, Georgetown, Demarara, this twenty-eighth day of July, one thousand eight hundred and sixty, and published on the first day of August following.
P. E. WODEHOUSE. By command of the court,
J. O. L. MURE,
CALCUTTA. SAMUEL Lilly, Consul General.
JANUARY 1, 1862. In obedience to the consular instructions contained in section 153 et sequitur, I have to report that in 1860 113 ships arrived at port, and 31 were in port at the commencement of the year; 117 departed, and 1 condemned and sold.