Masters and Servants Act 1852 (SA)

No. 6.

An Act further to amend the Laws relating to iCIasters and Servnnts.

[Assented to 2nd November, 1852 .]

+ AS it is expedient further to amend the h w s relating TLreambla

to masters and servants, so far as regards contracts made out

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of the Province of South Australia:

Be it therefore Enacted, by the Lieutenant-Governor of South NO. 9 of 1847, Sec. 11, limitation of con-

Australia, with the advice and consent of the Legislative Council ,,,,,, of s e ~ c e made

thereof, That, from and after the passing of this Act, so much of a out ofthe fiovince

certain Ordinance, No. 9 of the year one tllousand eight hundred repealed.

and forty-seven, "To amend the T A m s relating to Masters and servants" (clause ll), as provides that no laborer shall be compelled to serve under any contract made out of the Province, after reimbursement or tender shall have been made to the master whom he may have contracted to serve of all sums which may have been defrayed or advanced on account of the expenses of the convey- ance to the Province of the laborer so contracting, and his wife and family, if any, and not in any case after the period of one year from the arrival of such lnborer in the Province, and that, on such re-im- bursement or tender being made, and in any event on the expiration of one year from and after the day of arrival in the Province of any

such laborer, the contract, so far as regards the future service of

such laborer shall determine and be of no force or effect, shall be,

and the same is hereby repealed.

2. And be it Enacted, That in the case of any contract of hiring, Servants to be bee

made out of the Province, it shall be lawful for any two or more ,pir,i,,~,ne,r, from contracts on the

Justices of the Peace, or any Special Magistrate, after the expiration by re-paying their

of one year from the commencement of service under sucli contract f or conveying them masters money spent

within the Province, to put an end to such contract at the instance fO t h e C * b r.

of the person coutraciing to serve under the same, upon payment by

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such servant to his master of such sum of money, not exceeding in

any case the amount of any moneys paid or advanced on account of

the conveyance to the Province and outfit of such servant, his wife and family, if any, as in the opinion of such two Justices, or Special Magistrate, shall be a reasonable compensation to the master for any loss he may sustain by reason of the putting an end to such con- tract, and such matter shall be heard and determined by such Jus- tices, or Special Magistrate, in a summary manner.

3. And beit Enacted, That nothing herein contained shall extend to

repeal or alter an Ordinance, No. 5 of the year one thousand eight hundred and forty-nine, to amend an Ordinance, No. 9 of the year one thousand eight hundred and forty-seven, "To amend the Laws relating to Masters and Servants."

Commancament of

the Act. 4. And be it Enacted, That this Act shall comc into operation

- from and after the Lieutenant-Governor's assent shall be given to it.

JOHN MORPHETT, Speaker.

Passed the Legishtiue Council tlr is $'fleenth

dlry of October, one thousand eight

hundred and f fty-two.

F. C. SINGLETON,

Clerk of the Legislative Council.

In the name and on the behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

Lieutenaht-~overnor,

Government House, Adelaide,

2nd November, 1852.

ADBLAUJXI; Printed by authority, by W. C. Cox, Government Printer, Victoria-squaw,