Assisted Immigration Act 1852 No 42a (NSW)

No. XLII.

An Act to regulate the Inden t ing of Assisted Immigran ts and Others in the United King­ dom and elsewhere and their employment in this Colony for a certain t ime after their

arrival therein. [28th December, 1852.]

W H E R E A S h ighly burdensome and impoli t ic by reason t h a t t he E m i g r a n t s

t h e presen t sys tem of B o u n t y E m i g r a t i o n has become

sent out unde r t ha t system at t he cost of t h e Terr i tor ia l R e v e n u e arc no t requi red on the i r a r r iva l in th i s Colony to t ake service or to repay any por t ion of t he publ ic money t h u s expended in provid ing t h e m wi th a passage to th i s Colony and i t is expedient t ha t t he said sys tem should be reformed Be it therefore enacted by H i s Excel lency t h e Governor

of N e w South W a l e s wi th t he advice and consent of t he Legis la t ive

Counci l of t h e said Colony as follows :—

1. Eve ry male of or above t h e age of fourteen years and every u n m a r r i e d female of or above t h a t age who shal l hereafter be provided wi th a passage as a n E m i g r a n t to th i s Colony by H e r Majes ty ' s E m i g r a t i o n Commissioners and who shall no t pay t h e full cost of his or her passage previously to his or he r embarka t ion to th i s Colony or t h e embarka t ion of t h e wife or family of any such male E m i g r a n t shall before obta in ing an au tho r i t y for such embarka t ion sign an i n d e n t u r e in t h e form or to t h e effect set forth in t h e Schedule A to th i s Act annexed Provided t h a t no E m i g r a n t of t h e class of coun t ry mechanics

deputed by h im for t h a t purpose wi th t he approba t ion of t h e Governor shall have au tho r i t y w i t h or w i thou t t h e consent of a n y such I m m i ­	g r a n t
shal l be requ i red or bound to pay more t h a n t h e s u m of	fifteen	pounds

s ter l ing for his passage inclusive of any deposit m a d e by h i m in t he

U n i t e d K i n g d o m u n d e r any Regu la t ion t h e n in force and t h a t no

o ther class of E m i g r a n t s shal l be requ i red or bound to pay more

t h a n t h e s u m of th i r t een pounds s ter l ing for his or he r said passage

inclusive as aforesaid.

2. I f any I m m i g r a n t so under i n d e n t u r e shal l on his or he r

ar r iva l in t h e Colony or wi th in any period thereaf ter to be prescr ibed

by t h e I m m i g r a t i o n A g e n t in th i s Colony for t h e t i m e be ing no t

exceeding fourteen days pay to such I m m i g r a t i o n A g e n t on behalf of

t he Gove rnmen t t h e full s u m set agains t his or he r n a m e in t h e said inden tu re every such inden tu re shall t he r eupon be cancelled so far as

i t re lates to every I m m i g r a n t p a y i n g such sum.

3 . The I m m i g r a t i o n A g e n t for t he t ime being or any person

g r a n t no t so p a y i n g his or he r passage money or any balance due therefor to m a k e and sign in h i s or he r n a m e and on his or he r behalf a cont rac t of service wi th any competent employer for t h e t e r m of two-years to be computed from the day on which such cont rac t is made a n d signed by an ag reement in t h e form or to t he effect in Schedule B to th i s Ac t appended a n d every such employer shall t h e r e u p o n pay in to t h e h a n d s of such I m m i g r a t i o n A g e n t for t h e use

of t h e G o v e r n m e n t of t h e Colony half t h e a m o u n t t h e n due to t he

Gove rnmen t for t h e passage of every I m m i g r a n t so bound and such

employer shall u n d e r t a k e to pay the balance of t h e passage money

requ i red b y the regula t ions from such I m m i g r a n t a t or before the

expi ra t ion of twelve calendar m o n t h s from t h e m a k i n g of such cont rac t such employer be ing hereby authorized to deduct such pay­ m e n t s so to be m a d e on behalf of any such I m m i g r a n t from his or her wages as such wages accrue or become due by e ight equal deduct ions from t h e same du r ing such t e r m of two years .

I . Eve ry I m m i g r a n t serv ing a n employer under any such

con t rac t m a y a t any t i m e after t he expi ra t ion of t h e first year cancel the same by giving such employer th ree calendar m o n t h s ' not ice thereof in wr i t i ng a n d by pay ing such employer t he a m o u n t of money t h e n r ema in ing due for his or he r passage.

5. I t shall be lawful for any artificer domestic servant handi ­ craf tsman mechanic gardener servant in husband ry shepherd he rdsman wool sor ter coachman groom vine dresser or other laborer and also for any ma le or female be ing above the age of e ighteen years and for all and every other classes and class of laborers w o r k m e n t r adesmen or artificers w h e t h e r they be subjects of H e r Majesty or of any foreign coun t ry by i n d e n t u r e or o ther agreement duly executed to cont rac t wi th any person or persons about to proceed to or ac tual ly res ident in this Colony or w i th t he agen t or agen t s of any such person or persons faithfully to serve or to proceed to and faithfully serve such person or persons in t h e said Colony for any period not exceeding t h e full t e r m of five years .

6. Eve ry E m i g r a n t already unde r i nden tu re or hereafter con­

t r ac t ing by i n d e n t u r e or otherwise to serve any employer in th is Colony shall be l iable to repay to such employer any s u m which he or she m a y cont rac t wi th such employer or w i th any agen t of such employer to repay for wha teve r object advanced—and whe the r his or he r passage were pa id for in t h e first ins tance by such employer or were pa id by the said Emig ra t i on Commissioners out of t h e publ ic funds of th i s Colony and repaid or secured by such employer to such Commissioners or t o t h e I m m i g r a t i o n A g e n t of t h e said Colony.

7. I t shal l be competen t to H e r Majesty 's Emig ra t i on Com­

missioners by a wr i t t en i n s t r u m e n t in t he form or to t h e effect in

Schedule C to th i s A c t appended to engage on behalf of t h e I m m i g r a ­

t ion A g e n t of th i s Colony for t he t ime be ing any boy or gi r l of and above t h e age of th i r t een years from any o rphan or o ther publ ic school or e leemosynary es tab l i shment in any p a r t of t h e U n i t e d K i n g d o m or from any par ishes or boards of guard ians or paren t s or guard ians wi l l ing to con t r ibu te a t t h e r a t e fixed b y t h e regu la t ions towards the i r passage to th i s Colony and t h e said Commissioners shall be a t l iber ty if t hey shal l see fit to con t r ibu te t he remainder of the i r passage m o n e y n o t exceeding for any such boy or gir l t he sum of e ight pounds s ter l ing out of any fund be longing to t h e said Colony at the i r disposal.

8. Such boys and girls on the i r a r r iva l in t he Colony m a y be

bound by t h e I m m i g r a t i o n A g e n t for t he t ime be ing by inden tu re in t he form or to t he effect in Schedule D to th i s Act appended to proper employers who u p o n t h e execut ion of any such inden tu re shall pay the balance of t he passage money due to t h e Gove rnmen t for such boys

and

a n d girls a n d shal l en ter in to t he ag reement for the i r due m a i n t e n a n c e

a n d suppor t and also for t he p a y m e n t to t h e m of wages a t t h e r a t e s

a n d t imes in t he said i nden tu re ment ioned .

9. I f any owner or mas te r of any ship or vessel shal l con t rac t in wr i t ing wi th any E m i g r a n t e i ther from t h e Un i t ed K i n g d o m or from any foreign coun t ry for h is or he r conveyance to any por t in t h i s Colony and any such E m i g r a n t shal l engage ci ther to pay any por t ion of his or he r passage money not exceeding ten pounds w i th in six days after h is or he r a r r iva l or t o execute w i th in t he same per iod wi th t h e concurrence of t h e I m m i g r a t i o n A g e n t of th i s Colony for t h e t i m e be ing or his deputy an i nden tu r e of service for two years to some competen t employer a t such ra tes of wages as m a y be agreed u p o n between t h e par t ies or as t he I m m i g r a t i o n A g e n t m a y deem reasonable and by which the employer engages upon t h e execu t ion thereof to pay or secure t he a m o u n t of passage money r ema in ing due from such E m i g r a n t t h e n every such E m i g r a n t shal l be held bound to t h e due fulfilment of such cont rac t in t he same m a n n e r and subject to t he same penal t ies and pun i shmen t for non-performance as if he or she had ar r ived u n d e r i nden tu re to H e r Majes ty ' s E m i g r a t i o n Commissioners in E n g ­ land unde r the provisions of th i s Ac t .

10. The provisions of th i s A c t shall ex tend and apply as far as t he same can be appl ied to all cont rac ts a n d inden tu res entered in to

in any p a r t of t h e U n i t e d K i n g d o m of Grea t Br i t a in and I r e l a n d by

any E m i g r a n t b rough t ou t t o th i s Colony a t t he expense of any Society organized or established in any p a r t thereof for t he p romot ion of E m i g r a t i o n to th i s Colony and to al l cont rac ts or inden tures of service

or appren t icesh ip which m a y be entered in to by any E m i g r a n t or

Appren t i ce after t he i r a r r iva l here w i th a view of r epay ing or secur ing to any such Society t he whole or any p a r t of t he passage money of

any such E m i g r a n t or Appren t i ce .

1 1 . A l l such inden tu res or o ther wr i t t en ag reemen t s as are

hereinbefore ment ioned shal l i n all Cour t s and before all Jus t i ces wi th in t h e said Colony be deemed to be valid in whatever coun t ry they m a y be executed and shall be of t h e l ike force and effect w i th in

th i s Colony as if t hey h a d ac tua l ly been m a d e and executed b y t h e

respect ive par t ies the re to wi th in t h e same a n d every such contract of

service or i nden tu r e of apprent iceship as hereinbefore men t ioned

executed by t h e I m m i g r a t i o n A g e n t for t h e t i m e be ing of t h e said

Colony whether executed or no t by t h e p a r t y to be b o u n d thereby or

w i th or w i t h o u t his or he r consent shall be as valid a n d b ind ing on

such p a r t y as if t h e same had been executed by such p a r t y or by any

p a r e n t gua rd i an or o ther lawful au thor i ty by or on his or he r behalf a n d shal l subject such p a r t y for any breach thereof or of any condi t ion or con t rac t t he re in conta ined u p o n s u m m a r y conviction by or before two or more Jus t i ces to t h e l ike fines penal t ies a n d p u n i s h m e n t s as are now or m a y be hereafter provided by law for any wilful violat ion of t he provisions of a n y ord inary cont rac t of service or i nden tu re of apprent iceship or for a n y misdemeanor miscarr iage misconduc t or i l l -behaviour of any mas te r servant or appren t ice w i th in t he said Colony and if any such pa r ty whe ther h e or she be of t h e full age of twenty-one years or no t shall abscond from t h e service of any employer to whom he or she shall be unde r such cont rac t of service or i n d e n t u r e of apprent icesh ip as hereinbefore ment ioned wi thou t lawful excuse every pa r ty so absconding shal l be l iable for a first offence to impr i sonmen t wi th or wi thou t ha rd labor a t t h e discret ion of t h e convict ing Jus t i ces for a period not exceeding th ree ca lendar m o n t h s and for every subsequent offence to impr i sonmen t

w i th or w i thou t ha r d labor for any per iod not exceeding six ca lendar

m o n t h s and t h e periods of such absconding and impr i sonment shal l
no t

not be deemed to be a p a r t of t h e t e r m of service men t ioned	in any
such con t rac t of service or i nden tu re as aforesaid.

12. A n y person who shal l employ re ta in ha rbour or conceal any

I m m i g r a n t of any of t he classes or descript ions ment ioned in th i s Ac t

d u r i n g the t ime such I m m i g r a n t shall he unde r con t rac t to serve a n y employer in t h i s Colony who shal l have paid or come unde r engage­ m e n t to pay t h e whole or any por t ion of t h e passage money of any such I m m i g r a n t shal l be liable to pay such employer a t t h e rate of live shi l l ings a day for every day such I m m i g r a n t may be so employed re ta ined ha rboured or concealed by any such person u p to t h e full a m o u n t or s u m n o t exceeding fifteen pounds which such employer m a y have so paid or came under engagemen t to pay and every compla in t for so employing r e t a in ing h a r b o u r i n g or conceal ing

any such I m m i g r a n t may he heard and de te rmined in a sum­

m a r y way before any two Jus t i ce s of t h e Peace who in addit ion to any damages t hey may award by v i r tue of th is A c t may give t he com­ p la inan t full costs Provided always t h a t if u p o n t h e hea r ing of any

informat ion u n d e r th is section any person so employing re ta in ing har­

bou r ing or conceal ing any such I m m i g r a n t shall prove to t h e satis­ faction of t h e Jus t i ces hea r ing t h e same tha t he has not been gui l ty of

u n d u e negl igence such informat ion shall be t he r eupon dismissed.

13 . Eve ry i nden tu r e or o ther wr i t t en ag reemen t officially t r ans ­

m i t t e d to t h e I m m i g r a t i o n A g e n t of th i s Colony by H e r Majesty 's

Commissioners for Emig ra t i on in E n g l a n d shall be conclusive evidence

in any Cour t or before any Jus t i ces of t h e s igna ture or consent of t h e

several par t ies the re to whose names arc the re in or t h e r e u n d e r wr i t t en

or men t ioned and shall requi re no fur ther proof of i ts au then t ic i ty t h a n its p roduc t ion in any such Cour t or before any Jus t i ces by or on behalf of such I m m i g r a t i o n A g e n t or by or on behalf of t h e employer

of any such I m m i g r a n t and any certificate unde r t he h a n d of t h e said

I m m i g r a t i o n A g e n t t h a t any such I m m i g r a n t came out as such in any

vessel b r ing ing out assisted I m m i g r a n t s shall be receivable in any Cour t or before any Jus t i ces and shall be conclusive as to t h e ident i ty of such

I m m i g r a n t and as to all t h e facts the re in certified to be t rue .

SCHEDULES REFERRED TO.

A.

W E whose names are severally hereunder writ ten in consideration of a passage being provided
for us and (as the case may be) our respective wives and families by Her Majesty's Emi­ gration Commissioners at the expense of the Colony of New South Wales severally bind ourselves cither to repay to the Immigration Agent of t ha t Colony for the t ime being the sums sot against our respective names in sterling Brit ish money within fourteen days after our arrival in the said Colony or to take service with any employer in the said Colony with whom we may agree during that period and who shall be approved of by the said Immigration Agent and shall forthwith pay to him one-half of the sums set against our names respectively and shall bind himself to pay the residue thereof to the Immigrat ion Agent for the time being in twelve calendar months or within any shorter period of the date of such employment And in default of our making any such agreement with the consent of the said Immigration Agent and in the form prescribed by law or the Regulations of the Government we hereby agree and bind ourselves to take such other employment and to accept such wages as the said Immigrat ion Agent may procure for us respectively and we hereby respectively give him full power and authori ty with or without our future consent to sign on our behalf a contract of service with any employer whom he may select on our behalf for the term of two years to bo computed from the date of such contract it being always understood that any such employer shall be at l iberty to deduct from any wages that may accrue or become due to us respectively dur ing the said term at the rate of one-eighth of the sums so set against our respective names in each three calendar months of such service and further that at any

time

t ime after the expiration of the first year thereof we shall be respectively at l iberty on giving our respective employers three calendar months ' previous notice to put an end to such contract and service by paying up the balance of the said sums then due by us for our passage.

Witness

B.

No. 185

MEMORANDUM of Agreement made this day between A. B. Esq. the Immigration Agent

of this Colony for the time being of the first part C. D. a free Immigrant per ship

of the second part and E. F . of of the

third part The said C. D. engages to serve the said E . F . as a and

otherwise to make generally useful for the term of two years to be computed from the date hereof and also to obey all the said E . F. 's or his or her Overseer's or autho­ rized Agent 's lawful and reasonable commands during that period in consideration of which services the said E . F . doth hereby agree to pay the said C. D. wages at the rate of

pounds shillings ( £ )

per annum payable quarterly to provide him (or her) with the understated rations weekly and to defray the expense of his (or her) conveyance to the place at which he (or she) is to be employed it being always understood t h a t the said E . F . is to be at liberty to deduct from any wages that may accrue or become due to the said C. D by eight equal quarter ly deductions the sum of £ being the full sum due by the said C. D. to the Govern­ ment of this Colony for his or her passage thereto.

Weekly Ration :—

Beef or Mutton	10 lbs.
Flour	1 0 lbs.
Sugar	2 lbs.

1/4

Tea lb.

And the said E . F . hereby agrees to pay to the said Immigrat ion Agent immediately upon the execution of this memorandum the sum of £ being one-half of the amount of passage money due by the said C. D to the said Government and to pay the residue thereof to the said A. B. or to such other person as may then be the Immigration Agent for the time being at the end of one year from the date hereof.

(To be Signed) A. B. Immigrat ion Agent .
C. D.

or

(A. B . on behalf of C. D.)

E . F .

Witness

c.

W E the undersigned or undernamed parties severally agree and bind ourselves with
the consent of all or any persons now in authori ty over us to serve any employers to whom

we may be respectively bound by the Immigrat ion Agent for the t ime being of the Colony of New South Wales as Apprentices for the term or period of four years to be computed from the date of our apprenticeship in the said Colony for such wages or remuneration after payment by such employers of the sums duo for our passage to the said Colony as to the said Immigrat ion Agent may seem meet and we do hereby authorize and empower him or his Deputy duly appointed with the approval of the Government of the said Colony to bind us out as such Apprentices immediately upon or at any time after our arrival in the said Colony.

Witness

D .

I N D E N T U R E of apprenticeship made this day of A . D . between A. B . Immigrat ion Agent for the Colony of New South Wales or C. D. his Deputy (as the case may be) of the first par t E . F . an Immigrant (male or female as the case may be) per

ship being of the age of years of the second part and G. H . of

of the third part The said A. B . (or C. D.) doth hereby bind the said E . F . to the said

G. H . as an apprentice in the trade or calling of (here describe particular occupation) and otherwise to make (himself or herself as the ease may he) generally useful for the term of

four

four years and also to obey all the said G. H. 's lawful and reasonable commands or those of (his or her) authorized agent during that period in consideration of which services the said G. I I . hereby agrees to pay the said par ty of the second part wages quarter ly a t the rate of five pounds per year for the first two years and at the rate of ten pounds per year for the residue of the said term and to teach or cause (him or her as the case may be) to be taught such trade or calling dur ing the said term and to provide (him or her as the case may be) with lodging and either with board or a weekly ration (at the option of the said G. H.) consisting of—

10 lbs. of flour

10 lbs. of meat

2 lbs. of sugar

1/4 lb . of tea.

In witness whereof the said A. B . as such Immigration Agent as aforesaid or the said C. D. (as Deputy to such Immigration Agent) for and on behalf of himself and the said E. F . and also the said G. H. have affixed their names and seals to this Indenture of apprenticeship.

( L . S . ) ( L . S . )

Witness