Nt Indian Immigration Act 1882 (SA)

No. 240. ( c. r. w c f l ' c 3

An Act to encourage the introduction of Inclian Native

Immigrants into the Nortllcrn Territory of the L4(':2) c /SW

Province of South Australia. r

[Rcsc~wd A , zcgnst 30th, 1882.1

3 ltEAS by C C The Nortl~crn Territory Indian Immigration Pmmu*.

Indian native labor into the Northern Tcrritory of the Province of W"" Act, 1859," provision was made for the introduction of

South Anstralia, and for the protrction of Inciian immigrant laborers: And whereas the said Art ~ m s reserved by His Il:xcellency the

Governor of the said provincc for the signification of Her M~~jesty

the Queen's pleasure thereon: And whereas Her Majesty has not

signified tier pleasure with r e q ~ e c t to the said Act, m d it is

expedient to make other provisions for the prposcs aforesaid in

lieu of the provisions contained in thc said Act-Be it therefore Enacted by the Governor of the said p-ovince, by allcl with the advice and coilsent of the Legislative C'ouncil and IIousc of Assembly

of the sai?. province, in this prescut l'arlimlent asseuiblecl, no

follolvs:

2, This Act shall commence i ~ ~ d t ~ k c cficct aftcr a, day to be Oom~lancarna~t ot

declared by the G overnor by PI. oclamatioii in the Sorr th Australim A*

Govemmmt Gazette, which shall not be more than three ~nonths

from the day upon which Her Xajesty's p h s u r e upon the said Act

shall be signified ill the said Gazette.

3. I n the const,ruction of this i i ~ t the following words and. ~sniw.

A-- -210 expressions

45" & 46" VICTORIE, No. 240.

The Northern Territory Indian Immi-qration Act.-1882.

expressions, unless the context otherwise requires, shall have the

meanings hereby assigned to them respectively-

The expression '' Immigration Agent-General " includes any sub-

agent of immigration acting under the authority of the

Immigration Agent-General:

The expression Emigration Agent " includes any person ap-

pointed by the Governor to Act as Emigration Agcnt in India:

The word ship " shall mean a sea-going ship of any description:

The word <' plantation " shall mean any estate in cultivation, or

any two or more estates if adjacent to each other and

managed as orze estate, or any other piece of land in cultiva-

tion under one management of the extent of at least five

acres, and shall include any cattle or sheep farm, or any

wood-cutting establishment, or any railway on the constnlc-

tion of which immigrants are employed by the head of the

Department of Public Works:

The word " employer " shall mean the proprietor or lessee of a plantation, or the attorney or agent of such proprietor, and shall include the manager for the time being in charge of such plantation:

The word manager " shall mean the person for the time being

having the personal care or superintendence of a plantation,

and shall include any overseer acting under his authority:

The word " immigrant" shall mean any native of India intro-

duced into the said Northern Territory, either wholly or in

part at the expensc of the Immigration Fund, and shall

i~iclude the children of an indentured immigrant:

The expressions "indenture " and " indentured " shall mean a

contract of service registered under this Act, and a person

subject to such contract respectively:

The word '' adult " shall mean an immigrant of or above the age of fifteen years:

The word " minor " shall mean an immigrant under the age of fifteen years, and of or above thc age of ten years:

The word infant " shall mean an immigrant under the age of

ten years:

The words " adult," 'L minor," and " infant" respectively include

an immigrant of uncertain age who has been estimated by the Immigration Agent to be an adult, minor, or infant, as the case may be:

The word L' Justice" shall mean any Stipendiary Magistrate, any Special Magistrate, and any Justice of the Peace for the said province:

The expression any officer" shall mean any medical

officer of the

Immigration Department of the

said

45' & 46' VICTORIE, NO. 240.

The Northern Territory Indian Immiyration Act.- 1882.

said Territory, appointed by the Governor, and directed by him or the Government Resident, or the Immigration Agent- General, to perform the particular duty, service, or purpose in connection with which such expression is used.

4, The several forms in the Schedule hereunto annexed shall be Forms.

used for the several matters in this Act upon which reference is made to them by the respective numbers of such forms: And the Immigration Agent-General, with the approval of the Governor in Council, may from time to time cause such forms to be varied or altered; and also additional forms to be framed as occasion may require for the purpose of carrying out the provisions of this Act; and such varied, altered, or additional forms shall have the same force and effect as if they were incorporated in the Schedule to this Act: Provided always that every such form shall be first published in the Government Gazette, and that copies thereof shall be serht by thc Immigration Agent-General to all persons required under penalties by this Act to fill up and use any form for which such form may have been substituted.

5, This Act shall be divided into parts as follows- Diyiaion of ~ c t.

I. Officers of Immigration Department, and their Duties:

11. Fiscal Provisions:

r 11. Proceedings on Allotment of	Immigrant S :
W. Respecting the Treatment of	Immigrants on Arrival, and the

Treatment of Minor and Infant Immigrants:

v. The Determination and 'I'ransfer of Contracts:

v I.	Re-Indentures:
VII.	Desertion and Leave:

v m. The Labor Law;

rx. Hospitals:

X. Dwellings:

XI. The Rationing of Immigrants:

xrr. Passports and Return Passages:

XIII. Registers, Returns, and Certificates:

XIV. Procedure:

xv. Miscellaneous.

PART I,

OFFICERS OF IMMIGRATION DEPARTMENT, AND

THEIR DUTIES.

6, An Immigration the said Northern Terri- Appointmontof the Immigration Agent-

tory shall be selected of India, and appointed Gened.

by

45" & 4 e VICTORIJE, No. 240.

The Northem Twitor y Indian Inzmigrniion Act.-1882.

grant, or wllicll m y immigrant may havc to make against the

PART I.

employer, or which may bc reported to him by any medical officcr to the Immigration Department, or otherwise he brought to his notice; and may, either before or after such inquiry, lay an infor- matiou or m&e a complaint in his own name on behalf of any immigrant against the employer, or against any other person, before any Justice of the Peace 01 the said Northern Territory; and may, if necessary, lay such information or make such complaint in any of thc Courts of Law of the said Territory having juris- diction to hear, try, and determine the offence or other matter charged against such employer or other person; and the Iwini- gration Agent-General s l d l watch the proceedings of any such information or complaint on behalf of such immigrant, and may, if necessary, appeal from any decision to any superior Court having jurisdiction in the case; and may, in such superior Court, retain the service of counsel; and may in all respects act on behalf of' such immigrant as if he himself were the principal in the cause, and shall report the course of such proceedings from time to time and the final result thereof to thc Governor.

12, The Governor may appoint, from time to time, such one of The immigration Medical Offioers

or more duly qualified medical practitioner or practitioners as may Department.

bc necessary to l ~ e medical officers of such Inmigration Depart-

ment, at such salary as shall be deemed proper, and may suspend

and any such officer; ancl every such incdical officer shall

act as thc ~neclical officcr to the plantations on which there are

immigrants employed, and as medical attendant to the hospitals

certified under this Act; and every such officer shall bc respon-

sible to, and act uilclcr thc dircctions of, the Immigration Agent-

C encral.

13, One of the medical officers shall, at least once in every Dutie80f themedieal offlcers.

month, visit every plantation upon which irnmigrdnts are ill-

lrospital, and of the dwellings of immigrants, and shall ascertain dentured, and shdl on every such visit inspect the condition of the whether thc provisions of thls Act in that behalf have been duly complied with, and shall every half year make report to the Immi- gration Agent-General of the condition and management of all hospitals and plantations visited by him during the last six months, and of the condition of the clwcllings of immigrants on such planta- tions, and of the yard a i d grounds about the same, and shall, at any time when specially required by the Immigration Agent- General, visit any plantation for the purpose of investigating, and shall, after such visit, or after any regular visit to a planta- tion, seyor t specially up on any matter affecting the sanitary con- dition of the immigrants on such plantation upon which his report may be required by the Immigration Agent-General.

14. The Governor may appoint such number of sub-agents of The sub-offireraof the

immigration, clerks, interpreters, or other officers residing within ,,,

Imuligration Depart-

the said province as may be necessary for the performance of the

ordinary

4.5' & 46' VICTORIE, NO. 240. -

The Northem Territory Ikdian Immigration Act-18132.

1.

-

ordinary or any special duties of tha Immigration Departmeet, a t

such salaries as shall be deemed proper

Authority of

Irnmigraticm Agent-	15. The Immigration Agent-General shall, subject to the control of the Governor, have authority over the several sub-agents, clcrks, interpreters, and other employed in his office, and shall assign to each his duties, and may delegate to rt sub-agent the exercise or performance of any of his functions or duties, but without diminution of his own responsibility, and may, when conducting any investigation on a. plantation, require thc presence
Gteneml.
apd assistancc of one of the medical officers, and may also employ
such persons as he may dwm necessary as interpreters or judges of work, and may award any such person for his serviccs a sum not exceeding Twenty Shillings for each &y that he shall be so employed; and all expenses so incurred by the Irnrnigration Agent-General, or by a sub-agent acting under his directions, and all travelling expenses incurred by the Immigration Agent-Gcncral, or by his subordinates under his directions, or by the medical officers of this department, in the discharge of their respective duties, which shall be attested by proper vouchers, shall be paid as hereinafter provided.
ing immigmtion
Penalty for obstruct-	16, Every person who shall molest, hinder, or oppose the Irnmi- gration Agent-General, or any medical officer appointed under this Act, in the due execution of his duty, or in the exercise of any of the powers or authorities conferred upon him by this Act, shall be deemed guilty of a misciemeanor, and shall, on conviction, be liable to the payment of a fine not exceeding Ten Pounds, or to imprison- ment, with or without hard labor, for any timc not exceeding six months, or to both.
officers.
Expenses of the	17. Every Emigration Agent shall transmit his accounts to the Immigration Agent-General, with proper vouchers, at such times as the Governor shall direct, and the amount of all necessary expenses incurred by him in the collection, maintenance, medical attendance,
emigration offices.
and of all just and reasonable expenses incurred by him in, or and inspec'tion of emigrants, and for the conveyance to this province,
incidental to, the sending back to their homes of any Indian emi- grants who may be rejected at the port of embarkation, or to the sending back to the port from which they sailed of any Indian immigrants entitled to free return passages under this Act, which shall be attested by proper vouchers, shall be paid as hereinafter provided.

7-

PABT XI. PART 11.

FISCAL PROVISIONS.

Expense of depart-

ment charged on 18. The cost of the Indian Native lmniigration Department

general revenue. of the said Territory, including the salaries of the Immigration Agent-General, sub-agents of immigration, and othcr persons em- ployed in the duties of the immigration office within the said

Territory,

45" & 4 6 VICTORIA, No. 240. -- -. .-p - -. -. p- .. -

P

2 he Northern Territory IncEinn Inrnigmtior~ Act.--1 882. - -" -

Territory, the salaries of the medical officers t o the department,	PART TI.
and all expenses incurred as aforesaid by the Immigration Agent- General, or under his authority, ia discharging the duties of his office (but not thc salaries of emigration agents and other persons employed without the limits of the colony, or any other expenses incurred without such limits), shall be defrayed o;t of the general revenue of the said provincc.

19, The Northern Territory Immigration Fund shall be debited The Immigration Fund.

with the whole annuad cost of immigration (cxclusivo of such charges

ss are defrayed out of the gcncrsl revenue' under the preceding S - &

tion), including the salaries of the emigration agents and their sub- ordinates, and all expenses incurred by such emigration agents in the pcrfaimance of their dutics ~vitllont the limits of the said province, the expenses of the introduction of immigrants, of the inmigration depGt, and for the back passages for such immigrants as are or shall become entitled to a free passage to the port or place from whence they emigrated, and such fund shall be credited with all sums of money paid by the employers of emigrants for indentnre fees, and with such slim ns shall be annually appropriated to that purpose out of the general revenue by the Parliament of the said province.

20, The Immigration Agent-General shall, on behalf of the said province, sue for and recover in a summary way all debts which may	Recovery of debts
due to the Immigra-
tion Fund.
at any time become due and payable to the said Immigration Fund,
and shall, in respect to all sums of money due and promissory notes
made payable to the said Immigration Fund on account of any im- migrants indentured on a plantation, have and hold for the same a preferent lien on such plantation over and above all liens and claims, charges and mortgages, legal and equitable, except liens and preferent bequests of' the Crown, and such as have been allowed or created by any Act: Provided that, in the case of plantations under lease, where the consent of the lessor has not been given to
preferent lien is claimed, the plantation shall not be subject thereto	the lessees' application for the imrnigrarlts in respect of whom such
except to the extent of the interest of the lessee in his lease.

21. I n case any plantation in respect to which promissory notes lien to bo subsistent.

shall have been given by any employer under this Act shall be sold

by private contr,zct or by judicial sale, or shall devolve by inheri- tance, demise, or otherwise, the preferent lien nf the Immigration Agcnt-Gcncra.1 upon such plantation for the amount of all such promissory notes, with interest, shall subsist and continue notwith- standing such sale and notwithstanding any transfer or transmission.

22, Immediately upon any such sale, the purchaser shall be Personalresponsibility

bound to make out and deliver to the Immigration Agent-General pation pat d.	of purchaser to Immi-
on behadf of the said province, in lieu of any such promissory notes which may bc outstanding, a new promissory note, payable at the same dates as S U C ~ outstanding note, with interest thereon as from thc day of sale; and if any purchaser shall neglect or refuse, on

demand

45" & 46' VICTORIA3, No. 240.

PART 11. .- demand from the Immigration Agent-General, to make out md deliver as aforesaid any such new promissory note, the whole of such outstanding promissory notes shall immediately fall dne and become payable in cash, and the same may be forthwith recovered in a sum- mary manner against such plantatioil.

Manner of enfoming 23. In any proceedings taken for the recovery of the amount of

claim.	any promissory notes given, or m y sum of money payable to the said Immigration Fund, in respect of any immigrant allotted to or indcn- tured on a plantation, it shall not be necessary to show that the person who signed such promissory notcs in the allotment to him of
such immigrant, or to w11orn such immigrant was duly dlotted or
indentured, was the employcr or other person cntitlcd under this Act to have such immigrant allottecl or indentured to him, in respect to the plantation from which such amount or sum is sought to be recovered; but it shall be sufficient to show that such immi- grant was duly allotted or indenturccl, as the case may be, to perform service on such plantation.
Order of dieburse-

menta from 24. All sums of money which may be received in respect of

~ ~ p t i O n ~ ~ l n ~.

immigrants by the Immigration Agent-General, or otherwise, to

which any employcr shall bc entitled, by whom any still outstanding promissory notes may have been given under this Act, s l d l be applied in the first place to thc payment of such promissory notes, whether they shall at the time have become due and payablc or not, and in the order in which they shall h11 clue, and any interest which may have accrued shall be paid before the principal, and the balance of such sums &all be paid in cash to thc employer entitled to the same.

PART TIT.

PROCPWDINGS ON ALLOTMENT OF IMMIGRANTS.

Application for	25. Every eniployer desirous of obtaining allotiuci~	ts of imrni-
immigmnt.

grauts ~11'2111, on or before the first day of Mav, or such other day in cnch year as may from timc to time be fixed dy the Governor, send

in to the Immigration Agent-Gcncral an application in writing

specifying the number of immigrants of cach nationality required, and the name and situation of the plantation to which he wishes such inlmigrants to be assigned, and the mine of the proprietor or lessee of such plantation; and the Immigration Agent-General shall register every such application in the register of applications for immigrants (Schedule No. 2).

Consent of leseor

necessary to applica- 26. Every such application, if made by or on the part of any

tion by lessee. lessee of a plantation, shall be accoinpmied by collscnt in writing of the proprietor, or, in default of such consent, the lessee shall show to the satisfaction of thc Tminigration Agent-Gcncral thitt he is

prcpared

4 5 O 8r 46" VICTOKIE, NO. 240.

7- -- -

The Northern Territory Xr~dian. Immigration Act.-1882.

- .- -

prepared to pay in cash, on allotment, the full amount of indenture	PART 111.
fees payable in respect of all immigrants so applied for.

27, If any such application shall be made by or on the part of Mortgagee may object to application

thc proprietor of an estate under mortgage, and the mortgagee or his b y mortgagor.

representative shall object in writing to such application llcing complied with, it shall be the duty of the Immigration Agent- General to refuse such application, unless such proprietor shall satisfy him that hc is prepared to pay in cash, on allotnicnt, the full amount of inden tnre fees payable as aforesaid.

28, No application shall be rendered invalid, or in any way affected, Subsistenceof application.

by reason of the death, insolvency, or absence of the employer by whom such application was made, or byrcason of the sale by private contract, or at any judicial sale, of thc plantation in respect to which such application has been made, and no application duly made may be withdrawn without the permission of the Immigration 9gent- General.

29. The head of the 1)cpnrtmcnt of Public Works may, with the ~,,i,,t, ,,, b,

sanction of the Governor, apply for the allotment of such immi- $~~;~~;~;~;!bli,	grants as shall bc required for the service of the said Territory on Works.
the construction of railways, and shall be considered, for the purposes of this Act, as the employer of such immigrants as may bc allotted in consequence of such application.
with the power of the Immigration Agent-General, subject to the tions.

30, Nothing in this Act contained shall be held to interfere Refusal of applica-

control of the Government Resident, to refuse any application for immigrants in case he shall see reasonable ground for such refusal; but every such refusal and the grounds thereof shall be com- municated to the employer, upon the receipt of his application, OF SO so011 thereafter as possible, and also to the Government

Resident,

31, When the applications for immigrants have been complctcd, Dctcrmiuntion 01

a list of such applications shall be submitted by the Immigration ir,,i,,,t, ,,, tot91 nurnher of

Agent-General to the Government Resident, and the question how introduced into tllc

far thev can be conlplied with shall thereupon be conside~*ed	and colony.
determined by him.

PART IV. PART rv.

REqPECTING THE TREATMENT O F I ~ I ~ I I G R A N T S ON

ARKIVAL, AND THE TREATMENT OF MINOR AND

INFANT IMMLGRANTS.

32, On the arrival at the port or ports appointed for debarkation Inspection of inmi-

of any ship having immigrants on board, the Immigration Agent- grant ship0narfiva1*

General, assisted bp one of the medical officers of the said depart-

men t,

13-240.

45' & 46" VICTORIB, No. 240.

'I he Nol?hern ' I ' e, . i i t o ~ ~ Atdian hmigrtlt iorz Act.-l $82.

" - - - - - - - " - --

PART ment, or, in his absence or illability to act, by the Health Officer of the port, shall inspect the ship and immigrants, and ascertain whether all the statutory provisions have been complied with; and shall report to the Government Resident the condition of such ship and immigrants, and shall transmit with such 'eport the Surgeon Supcrintendcnt's rcturn of deaths and births, and ccrtificato of performance by the owners of' the covenants and conditions of the charter-party, and also a certificate of the aniount due for freight to such owners, and shall likewise require and transmit the report of the niedical officer who shall have assisted him in thc inspection.

Diaposal of sick on

arrival.

33. The Trnmigration Agent-General shall, with the assistance of any medical officer of the department, or, in his absence or iiiability to act, of the Health Officer of the port, and of the Surgeon Super- intendent of the ship, examine the sick, if any, amoug the irnmi- grants on board, and shall cause such of them as may require it to be sent to the hospital required to bc providccl at thc depat established at any port or ports for the reception of immigrants on arrival, and &all transmit with them a list, signed by one of the medical officclqs to the dcpm-tment, or by the Health Officer of thc port, and by the Surgeon Superintendent, stating the name, sex, age, disease, zlrrci length of time under treatment of each immigrant so sent, and the number by which he was designated on board ship.

Bwrd and lodging of

immigrants on arrival. 34. Every immigrant arriving in the colony shall be provided

with food and lodging in the iinnli6ration depOt until he be provided

with the means of can ing his slfisistcnce.

Order of distribution. 35. Allotinent shall, in thc first place, be nlacle to the head of

the Department of Public Works of such iminigrants as he may have applied for, and afterwards to thc sevcral cmploycrs who havc nmdc

application, in such nmmcr as the Immigmtion Agent-Gcneral	sEir211 cletermine, and in suoll orcler as the Gowmnlent Resident
shall fi-oin tinic to tiine direct.

Order of allotment. 38.

I n making allotments, huhbands shall not be separated from their wives, or minors and infants froin their parents and natural guardians, and, so far as may bc possihlc, mernbe~s of the same family and neighbors from the same village, and persons who may agree in representing themselves to be friends and associates, shall not be separated from each other.

Thn illdenture fee. 37. The indenture fee pnvable by the employer to thc said Inimi-

gmtion E'o~id	in respect of &h adult ilnmigrdnt shall be the sum of
Tcn I'ouuds,	or such other sum ss shall be fixed from time to time

by the Governor; and the indenture fee payable in ~ s p e c t of each minor inmigrant shall be one-half' that which would have been payable if 2113 had been an adult; ancl when any iinmigrant s l d be allotted to any dcpartmcnt for the public service of the colouy, the department shall pay to the Immigration Fund in respect of such

allotmen t

allotment the same sum that would haw bccn payable by any -- PART

private employer.

38. In any allotmt-nt the Inmiigration hp l t -Genera l shall, with Indenture fee of immigrant not ahlo -

the assistance of any medical officer to the sald dcpartnierit, or, in his bdlcd.

absence or inability to act, of thc IIcnlth Officer of the port, clistingnish

of pcrformlng servicc as an agricult~ural lrthorpr; and the indenture P	evcry immivrant \\.h0 is in his opinion not able-borlictl nntl not capable
fee payable in rcspect of any such i m m i p i l t shall bc such part of
that which ~vould have been payable in respect of such immigrant if he had been a11 able-bodied immigrant as tlzc Immigrntion Agent- C; enerul nlay think proper, or suclr ilnmigrnnt nmy be i n clell t urcd withont pnymcnt of m y i1:dcntu~c f'cc, and the indenture may prescribe such r.onrlitions ns to tllc nature of the employrncnt to l,c assigned to thc immigrant :is the l u ~ r n i p t i o n Agent-General may deem necessary.

39. On the coriiplcxtioiz of cvcry allotnlerlt or othei. rlisposition of' of i""nt~ro

immigrants on in txorlilc tion, thc I 11 l migi.ntion :igcnt-General shall register every immigrant, includcd ill snrh allotnleiit or clisposit,ioii in

the general register of' irnmi~rants in troduceci iut o the said yrovincc S

(Schednle Xu. 3), distingoishn~g to tlic best of his ability such as are

adults, minors, ancl infn~ts, rcspectivcly, and shall number thcwin

each of snc.11 inmigrant S b y a part. i c i h r number, commencing from the last number borne 011 such rogistw, and procueding by rcgulnr numcrical progression; and sliall cltllivcr to the employer or his represwtative an indcnturo lid, signcc1 by all the atlult nud rl~irlor

immigrants allottccl to 1 i i ~ (Scherlnle No. $), a i ~ l ~ 1 1 ~ 1 1 t m n s ~ ~ i t to

the Anditor-G mcral a ~.c~tltrn showing the n ~ ~ n ~ h o r of imrnigrairts

included in such ;rllotmcnt, and the snmc pn~ab l r by way of intlcntnrc fee in respect of such immigrants, an i shall deliver to every adult or minor itnmigrant inclutled in such allotinent a cortifica1.c of indenture (Schedule No. B), and c v t. ~ stlch cmploycr and immigrant

shall tlierwlmn bc, and be t,~lren tin br, bound by such illdellturn

accordingly.

40. Unless the Governor shall specially require the inclcutoi~ :~" t ; ; ,1 ' ' , ; , !$ ; f of

fees on ally allntznent to be 1)airl in cash, pnymcrlt tllercof shall bc , A

made in the following nmnncr :-One-ten th ill cash forthwitl~, ancl

for thc balance five promissory notes s l ~ l l bc givcn, hcnring date the

day of the arrival of thc ship iu vhic.11 such immigrants ~T-erc

introciucetl, the first for one-tcnth of such inclenture fees, payable with interest at t,he rate of six per centum pcr annum at the end of one year from the date the~.eot', and each of the remaining notes fbr onc-

fifth thereof, payable with ilitercst at tlic same rate, one a t the end

of each of thr four years llwn next following: Provided that if the employcr shall neglect or refuse to pay, within six days after his account shall hare bcen rcndered to 11im by the Immigration Agent- General, either wholly in cash, or partly in cash and lmrtly in promissol-y notes, as provided by this Act, the amount of indenture fccs payable in respect of such allot~ncnt, thc whole slid1 tl-~ercupon fill dne and

become

45* & 4 6 O VICTORIA5, No. 240.

- +. -- --

Y'he Northern Territory In.dinn Immiqraiion Act.-1882.

I'ART 1 ~. become payable in cash: Provided further, that on any allotment made to an employer in respect of any plantation held by him as ,z mortgagor, to which the mortgagee shall have objected in writing,

or a lease for a term of which less than five years arc unexpired, the

indenture fees shall be paid in cash.

Delivery of immi- 41, If any employer to whom an allotment may be made shall

grants.	not take away the immigrants so allotted to him within four days after the delivery to him of his indenture list of such immigrants, he shall pay to the said Immigration Fund at the rate of One Shilling for every adult immigrant and Sixpence for every minor immigrant for every day that such immigrant shall remain in the depat.
Annuul report of
allotments.	42, The Immigration Agent-General shall, as soon as possible after the first day of July in every year, publish in the Government Gazette a list of all ships which have arrived with immigrants, and of the rtllotments and distribution of such immigrants during the preceding season.
immigrants.
Term of indenture of	43. Thc indentures of immigrants arriving in the said territory shall be for the term of five years from the date of their respective allotments.
Exemption of infant

immigrants. #. No infant immigrant shall be indentured, or shall bc com-

pelled to perform any service wlratevcr upon any plaukition.

Rights of minor,

infant, $C., 45, Every minor or infant immigrant residing on a plantation,

imtnigrants. and every immigrant indentured as other than an able-bodied im- migrant, shall be entitled to the sdme rights and privileges and immunities as able-bodied immigrmts under indenture are entitlcd to under this Act,

T.HX T)E1'ERMINATION ,4ND TRANSFER OF CONTRACTS.

I)issolution of in- 46. If within three months from the allotment of any im-

ll'?tul~ 'Or dis~illility migrant he shall die, or it shall appear that he has any such diseasc or

of ~ruinigrant.

other disability as nmy render him pernlanently unable to perform service mder Eontract, and if thc employcr shall send to the Immigra- tion Agent-General a ccrtificate of the death, disease, or disability of such immig~ant, under the hand of one of the ~ncdical officers, the Immigration Agent-General may d~clare the contract void, and the indenture fee paid in respect of such immigrant shall theretlpon

becnmo repayable to the employer out of the Ilnmigration Fund.

47. Every

45' & 46" VICTORIAZ, No. 240.

47, Every immigrant indentured for five years, on introduction ---. PART v.

to the said Territory, shall be fi~rnished	by his employer with a livret, The livret.
or book of work, which slmZl coutitin-

(a ) A receptacle for the safe keeping of his certificate of indcn- ture, or other papers:

( b ) Such popular statcrnents of his obligations and rights, under this Act or otherwise, legibly printed in his own ~+crnacular

tongue, as shall be from time to time put forth by thc Immi-

gration A gent-General with the ayproml of the Governor: l'ro~ided that such stntemcnt shall not have a,ny legislative force in coiitravention of this Act, or validity by way of cou- tract as between the imnligraut and his employer:

(c) Three thousand six hundred and forty blank squares or spaces symmetrically arranged in such manner as is delineated in the Schcdult: No. l. hcrcunto annexed, or shall be from time to time sanctioned by the Immigration Agcilt-Gcncral in that bclialf.

48, Every immigrant shall be required to present his l i ~ r e t to The livret task.

the managrr wcclrly upon the ~vcckly pay-day to be rrlade up, and thereupon the manager shall draw a line through or otherwise cancel one of the spaces for every Sixpence which the immigrant shall have carncd since his last presentation of the same, and shall carry over any sum less than Sispcncc and entcr the same on the next succeeding blank spacc, and insert in such space t,hc date of payment; and on the next presentation of such livret he shall. add thc said balancct to the sum then ea,med, and proceed as before, and shall return the livret so made up to the immigrant at latest on the next

day but one before the next weekly pay-day.

49. 111 the case of the loss by an indentured i n i m i p n t of his Loss of liwet.

livrct, the cmployer shall be bouxltl to furnish him with another livret upon payment by such immigrant of Bight Sliillings, and shall fully make up snch new lirrct to thr current date by the cancelling of so many sljnces as shall correspond to the carnings of

such iinm~grant since the date of his indenture.

sigoed, or become doe for signature, the indenture of the immigrant turu by livret work. 50, 80 soon as all the spaces in the livret shall have bccn Terminntionof indcn-

holding it shall absolutely cease aurl be determined.

51. It1 case of any disputc in respect of entries made or omitted Procedure in dispute8

to be made in the livrct arising between an employer and his ns to livrots.

indentured immigraut, the party aggrieved may lay a complaint before any Justice of the Peace, who shall havr power to hear, try, and determine the dispute, and to make such order in the premises as to him shall seem just: and shall direct by whom and in what

proportion

45" & 46" VICTORIE, No. 240.

The Northern Territory India?? Irnn~i~qrntiotz Act.-1882.

P A ~	v-	proportion the costs of such procecdiiings shall be paid; and every such order shall be final and without appcal.
of

mutation money. 52. The commutation money payable under this Act, on thc

termination or transfer of the indenture of anv inlmi,rrrant on intro- v I,

duction, shall bc calculated a t the rate, for every year or portion of the year remaining unexpired of such indmture, of one-fifth of the indenture fee payable by thc cmyloyer in respect of such irldexlture, together with interest thereon a t thc rate of Six Pounds per centurn per annum since the commencement of such indenture, and a11 such commutation money shall be paid !o the Immigration Fund, and shall be payable thereout to the employer.

Commutation by

husband or wife.	53. Any itnmigrant under incienturc who shall be married to a wife or husband on m v other plantation shall be entitled, uloon giving three months' no&c to th; employer, to dctrrrnine his'or \er own indenture on payment of thc comm'ntntion money; and if the etnployer of such wife oi husband shall, ky the request of the corn- muting immigrant, advance the commutation money, the cornmuting immigrant may be re-indenturcd to such employer for a period equal to thc unexpired remaincler of the illdenture so commutcd.
Commutation by
mother.	54. On termination of the indenture of any fernale immigrant, whether by expiration in dnc course, by cornmutation, or otherwisci, she shall be entitled to removc with hcr, fkorn the plantation, her minor and infant children, on pj-rnent of the coiiiinutation money for any such minor nndcr indentar;, in respcct of whosu indentore thc cmploycr shall have paid any iuclcnturc fec or bolmty; a i d if such feinnle irnniigrant sllall renlove in orcicr to hecomc indcnturcd to a new employer, and shch einp1oyc:r shdl advance, by her rcqucst,
the commutation money of any snch niirior in~migrant, the minor
may bc rc-indcnturect to such enlployix1* for the ulrexpircd remainder
nf the indenture so commuted.

threatening his nik. the rnanttger ot' a plnntatiou, or hy- a. feni:tle lndian immigrant, or Transfer of Indian 65. Upon information h i d bcfnre any Justice of t l ~ e Peace by

any other person a n her behalf, that the husbaud of such female innnipant, or lrcr betrothed or reputed husband, according to the custom of the mulltry: or m y Inrliitn imiiigrant with whom slle may cohabit or may have colmbiteci, did unlnwf r I l ly threaten to murder, wonnd, beat, or illtreat her, and that f~.onl any such thrcats she apprehends, or has reason to apprehc~id, any bodily harm or ill,jury, such Justice of the Pence shall forth~vith' issue his warrant for the appreheusion of thc? irnmigmnt alleged to have;. usc.cl such tllrcats; and any irniuigmnt using such threats shall bc guilty of ari offencc, and shall, upon conviction thcrcof, be liable to bc imp;isoned, with or without hard labor, for such term not exceeding one month as tllc convicting Justice of the Peace shall direct; and upon such infornla- tioa, whether the immigrant accused shall be convicted or other\\ ise, if it shall appear that nuy tlircats used by such immigrnlit v crp

occasioned

Y h e ATorthenz l i irritoy Indian In~migration Act.--1882.

- -- - --p-pu p. - -

occasioned by jealousy, in regard to s~wh fcinnle immigrant, of any	i'*m v*
other person employed on thc plantatioli, it shall be lawful for the Justice of the Peace in his discretion to make order for the removal fkom the plantation of any such person being an indentured immigrant, or of any such fcmale inrinigrant threatened, or of any iminigiant using such threats, who may be indentured to such plantation, whichever shall in his judgment be most expedient, and
rnny direct any irnmigrnnt so ordered to bc removed to be detained
in custody until his transfer to some other plantation; a l d the Justice of the Peace shall forward a copy of any such proceediilgs to the Immigration Agent-General, and the Immigration Agent- General may permit any such immigrant to commute or may trarlsfer him to any other employer willing to accept his services, and to pay the commutation money.

56. If it shall at any time appear to the Government Resident, Tray fe r a t discretion of Government

on sufficient ground shown to his satisfaction, that (211 or any of Resident.

the irriiriigrants iiidenturcil on any plantatiori should bc rcmoved thcrefrom, i t shall be lawful for him to transfer the indentures of such immigrants for thc remailicier of their respective terms of service to any other employer who may be willing to accept their services, q ld to pay the coinlnutation money.

57. xvery lessee of a plantation whose term of lease shall expire Lessee entitled to

to him on snch plantation shall bc entitled to have such immigrant

transferred for the unespired. remainder of his term of service to m y

employer approved of h y the Immigration A gent-General, who may

be willing to accept his services, and to pay the commutation money:

before the tcrinination of' thc indenture of any immigrant indentured transfer. transfer made to him shall be with the lcssor of the plantation.

58. In thc event of any plantation on which an immigrant may 9 b ' tence of the sls

be under indcnturc being sold either by public or private contract i,&,t,,.	obligation of
or by judicial process, or being leased, or devolving by inheritance, devise, or otllerwise, he shall render the same service to the pur- chaser, lessee, devisee, heir, or other new employer, his heirs, cxecntors, administrators, or assigns, and for the same term ss he would have been bound to rerider to his original employer,

59. The Immigration Agent-General may, at the joint requcst Pemi?sible b t e r - mlnatlon, remo~al,

of any employer and his indentured immigmnt, allow the indenture and temporary

of such immigrant to be determined, and may, at the request of any trmafer*

employer, allow all or any of the in~inigrnnts indentnred to such

employer on any plantation to bc removed to any other plantation

in the yosscssion or under the management of thc snmc cmployer,

and may allow such immigrants to bc temporarily transferred for

any term not exceeding twelve months to any plantation the owner

of which shall be willing to accept their services, and during such

term such irnriiigrants shall bc cleemcd to be indentured to such

other

45' & 46' VICTORIJE, No. 240.

v. other employer for all the purposes of this Act: Provided that no

-- _"

such determination, removal, u~ transfer shall in anyrvise affect in lien of the said province upon the origiual plantation, or the pecuniary liability of m y employer to the Immigration Fund.

Determination for

conviction of 60, Upon report nlaile by any Justice of the Peacc of a conviction

employer. of any employer by him under this L4ct for ill-usage of his indentured immigrant or the unla\vful withholding of wages, the Government Resident shall have power to declare the indenture of such immi- grant determined, and may thereupon direct the Immigration Agent- General to re-indenture such immigrant for the relrrair~der of his term of service to any other employer willing to accept his services,

and such other employer shall pay to the Immigration Fund by way

of indenture fee the sum ~vhich would have been paid by such immigrant if hc had cornmutcd, and such sum shall be paid thereupon to the former employer if the Govcrnnient Residcnt shall so order.

Re-indenture upon

determination or 61. Except ns in this Act provided, no indenturc shall be deter-

transfer. mined or transferred either bv aereement between the emdover and I *

immigrant or otherwise; and th: Immigration Agent-General shall record every determination or transfer other than a temporary transfcr in the general register of immigrttiits introduced into the said province, and shall deliver to the employer to whom any imrni- grant is transferred a new indentured list, and to the immigrant transferred a new certificate of' indcnturc, and such employer and immigrant shall thereupon be, and be taken to be, bound by such indenture accordiilgly.

PART VI.

PART VI. RE-INDENTURES.

Certiilcate of

exemption from labor.	62. Every immigrant who may have completed any term of service under indenture, or whose indenture may have been duly determined, under this ~ c t, shall be entitled t d receive from the Immigration Agent-General, free of charge, a certificate of ex- emption from labor (Schedule No. g), and the Irrimigration Agent- General s l d l register every such certificate in the general register of certificates of exemption from labor (Schedule No. 5).
Delivery of certifi-
cates of exemption	63. The manager of every plantation about to be officially visited by the Immigration Agent-General shall give previous notice of every such intended official visit to the immigrants on such plan- tation, and shall on every w d i wisit produce before the Immi- gration Agent-Gcneral every immigrant who shall, since the last of such visits, have completed his tcrru of service under indenture, or who will in the course of time within six months hereafter com- plete the same; and the Immigration Agent-General shall deliver to
from labor.

every

45O & 46' VICTORIE, No. 240. 17

The Northern Territory Indian Immigmiion Act,-1882.

every such immigrant a certificate of exemption from labor, and	PART V'.
shall, if necessary, indorse such certificate with the word provi- sional," and with the date at which such certificate will in the course of time become due.

labor shall, either in the course of time or otherwise, have become visional certificate. 64. SO soon as any provisional certificatc of exemption from Indorsement of pro-

due, the immig~ant may call upon his employer to indorse the same, and any employer refusing or neglecting to indorse such certificate when due shall be guilty of an offence, and shall, on conviction, pay a fine not exceeding Two Pounds, and, in addition to such finc, shall pay to the immigrant an absolute accumulating sum of Onc Shilling for every day of such default.

5 . Every employer may enter into a contract of service under ~ ~ $ ~ \ $ t ~ ~ ~ e

indenture (Schedule No. 10) with any adult immigrant possessing a certificate of exemption from labor then duc, providcd such contract shall be specified to be for service on any plantation on which such employer shall at the time have immigrants indentured to him, or in regard to which this application for an ,zllotnient shall not have been refused, or which shall have been surveyed and approved in that behalf hy the Immigration Agent-General; and every such contract may be for any term not exceeding five years from the date thereof: Provided that the Governor may, by resolution, from time to timc fix any less term as the maximum term for which such indenture may be entered into.

enteringinto

66. No contract of service shall be valid against the immigrant contract of service

party thereto unless signed by such immigrant in thc presence of, ,	,a	,	,	,	,	in,lantuw.
and duly certified by, a Justice of the Peace (Schedule No. 10 ); and such Justice shall certify that such signature or mark was made voluntarily by such immigrant, and that the contcnts of such con-
hereinafter provided was to such immigrant in his presence:	tract had been fully explained to, and were, to the best of such Justice's belief, understood bv such immigrant, and that the bounty	Provided always that every immigrant on entering into a contract of service shall produce to the Justice his certificate of exemption from labor, and that if such certificate be indorsed provisional," the Justice shall ascertain before certifying the contract that the certificate has been duly indorsed by the last employer of such immi- grant, or is fully due notwithstanding the absence of such indorse- ment; and the Justice shall thereupon deliver the contract of service, so certified as aforesaid, to the employer, and shall transmit such certificatc of exemption from labor, indorsed under his signature with the date of such contract and the name of the plantation in which such service is to be performed, to the Immi- gration Agent-General.

under indenture shall, until he can be re-indentured in pursuance forco of indenture. 67. Every immigrant who shall enter into a contract of service Contract to have tb*

thereof, as in this Act provided, be subject in all respects to the

C-240 provisions

18 45' & 4U VICTORIE, No. 240.

P-- .. ..

The ATorthern Tewi/ory Indian Inzmigmtion Act,-1882.

YART YI. provisions of this Act as if he were under indenture, and shall hltve the same rights, privileges, and immunities, and be subject to the same penalties, as an indentured immigrant.

Contract duty on in-	68, Upon the execution of	any contract of service the employer
denture,

shall become liable to the said Immigration Fund in the amount of such contract duty at the rate of Threc Pounds pcr annuin, or such ot,her mtc as shall be fixed from time to time by the Governor, as long as such contract remains in force.

Node of indenture 69,

The manager of every plantation officially visited by the Immigra'tion Agent-General shall produce before the Immigration Agent-General, at every siich visit, any immigrant who may since the last of such visits have entered into a contract of service under indenture on such plantation, and shall deliver to the Immigration Agent-General the contract of service; and if the Immigration Agent-General is satisfied that such contract is a valid and sub- sisting coutract, he shall register such immigrant and the duration of his indenture in the general register of immigrants indentured undex contract (Schedule -No. 6 ), and shall deliver to the employer an indenture list of all the immigrants so registered (Schedule No. 11), and to each of such immigrants whose indenture shall expire before the next visit of the Immigration Agent-General, a new certificate of exemption fkoin labor (Schedule No. 9) indorsed with the word " provisional," and with the date at which ccrtificatc will fall due, and to every other such other immigrant a certifi- cate of indenture (Schedule No. 8); and every such employer and immigrant shall be, arld shall be taken to be, bound by such indenture accordingly

under contract.

lndenture of minor

immigrants residing	70, Every infant immigrant who shall attain the age of ten years while residing on a plantation, and emry minor inimigrant whose contract shall expire before he attains the age of fifteen years, may,
on a plantation.
at the next visit of the Immigration Agent-Gencral to the plan- tation, bc indentured to the employer on whose plantation he is
residing; and every such indenture may be for airy term not exceed-
ing five years from the date thercof: Provided that the Governor
may fronz time to time fix any less term as the maximum term for which any such indenture may be entered into. The Immi- gration Agent-General shall register such immigrant and the duration of his indenture in the register of minor immigrants inden- tured on plantations (Schednle No. 4), and shall deliver the proper indenture list and certificate of indenture, or provisional certificate of exemption from labor, to the employer and immigrant respectively; and such employer and iamigrant shall thereupon be, and be taken to be, bound by such indenture accordingly.

Bounty on re-inden- 71. The bounty payable by the employer in respect of any

ture.

immigrant indentured on a plantation sha,ll be not less than at the

rate of Two Pouiids for every year, or at a proportionate rate for

every fraction of a year of such indenture, or such other minimum

rate

P " ~ ~

rate as shall from time to time be fixcd by the Governor: Provided --

that in the case of every immigrant so indentured who shall, in the opinion of the l mmigration Agent-General, be other than an able- bodied immigrant, alid iu the casc of every minor immigrant, the minimum rate of the bounty shall be, and be fixed at, one-half of that which wonld have been pavablc if such immigrant had been able-bodied or adult, respectivel<

72. The commutation money payable under this Act on determi- Com~lltation of

mutation money on

nation of trnnsfer of an indenture cntcrccl in to on the ylantation, =-indenture.

shall be such part of the amo~uzt of the bounty which shall havc

been paid by the cmploycr in reqwct of such indenture, as shall be

proportionate to the unespired remaintkr of such inden t~m, with

interest thereon at the rate of Six Pounds per ccntum per annun1

since the comm~ztation of such indenture.

on a vlantntion for a veriod of move than one year, shall, after. the. 73. Every immigrant who shall h a w entered into m inclentllre ~~~?~~~fi;

expirabon of the first &c montlls, bc entitled; upon gi;ing thrcc months' notice to his employer., to tletrrniinc this illdenture oil pay- ment of the commiltation moncy.

74. Of any bounty paid by the employer upon the indenture of a Inmtnlcnt of ballnty OIL irdrwture of minor

guardians of such immigrant, and the balance shall be illvested in the Savings 13ank, or othwmisc sccwcd to thc satisfaction of the Imrnigratiori Agcnt-Gencid, for the benefit of such minor immigrant, until his attaining the age of fifteen pears.

minor immigrant, only such portion as the Immigration Agent- immivants,

whcthcr verbal or in writing of id1 immigrants possessd of ,r

entitled to a certificate of exemption fronl labor shall bc subject to,

and governed by, the provisions ol any Act now or hereafter to be in force regulating the hirings of servants and othcr laborers not immigrants within tho mr&ng of this Act: Provided always that, exccpt as nforcsaid, no contract of any such inmigrant shall

be takcn to be a11 indenture within the moaning of this Act:

Provided further that, except as aforesaid, no hiring or contract for service of any such immigrant s1m11 be taken to be a contract for more than one month certain from the time of cntcring into service, any cupress or impliucl agreeinunt to tho t effect notwithstanding.

PART VII.

DESERTION AND LEAVE.

76. Every inctcntureci immigrant who, being an able-bodied male r2cave of abrcnre.

adult immigrant, shall have earned wages at the rate of at least Four Shillings and Sixpence per week, or being any other immigrant, shall have earned wages at the rate of at least 'l'llrec Shillings per week

during

45O & 46" VICTORIE, No. 240.

-p------ - -

The florthern Territory Indian Immigration Act.-1882.

P*m V1l-	during two consecutive weeks shall be entitled to leave of absence from the plantation at the rate of one day and night for cvery such undivided period of two weeks; and every employer shall, at the request of such immigrant, furnish him with a free pass accordingly, good for
as many days as he may require and be entitled to have leavc of
absence for: Provided that no immigrant shall bc entitled to leave of absence, and no employer, except for special cause to be stated in such pass, shall be entitled to give leave to any indentured immi-

'

grant, for more than seven days at any one time, or more than twenty-six days ir.1 any one year; and no pass extended for special cause shall be given for more than twenty-six days at any one time, ar more than once to the same immigrant in any one year; and every employer refusing n pass to which any immigrant is entitled, or giving a pass in excess of the limits allowed in this Act, or stating in any pass extendcd as aforesaid a false, frivolous, or pretended cause for s~icli extension, shall be guilty of an offencc, and shall, on conviction at the complaint of the Immigration Agent-General, pay

a fine not exceeding Five Pounds.

Apprchcnsion of	77, If	any immigrant under indenture shall, without leave, absent
deserters.

himself for seven days from the plantation, hc shall be taken to be a deserter from such plantation; and the manager shall thereupon proceed to lay an information or make a complaint against him in that behalf before auy Justice of the Peace, and to apply for a warrant for his apprchension; and such warrant shall be granted free of cost, and shd1 be directed to all members of thc police force or constables; ancl every manager fniliag to lay such information before the Justicc within fourteen days after su& immigrant shall lmve become a deserter shall be guilty of an offence, and shall, on coriviction at the complaint of the Immigration Agent-Geileral, pay a fine not exceeding Five Pounds, and shall, in addition to such fine, pay an absolute accumulating fine of Two Shillings for every day of such dcfault.

Register of desertions 78, Every manager of a plantation on which immigrants shall

and ab~ence on leavc.

be indentured shall keep a register of desertions and absence on leave, and slmll enter therein every desertion of an indentured immigrant from such plantation, with the date on w l k h such immigrant was last sccn at work on thc plantation, and cvery pass granted by him to an indentured immigrant, with the date and period and the cause of extension, if any, of such pass, and also every leave of absence granted verbally to any such immigrant which shall extend over the night.

Penalty for desertion. 79. Every immigrant under indenture who shall desert from his plantation shall be guilty of an offence, and shall, on first con- viction, pay a fine not exceeding Two Pounds, or be imprisoned with hard labor for n term not exceeding one month, or pay such fine and be so imprisoned; and, on a second or subsequent conviction, shall pay a fine not exceeding Five Pounds, or be imprisoned for a term not exceeding two months, or pay such fine and 1 7 ~ so imprisoned as the convicting Justice shall direct; arid such Justice shall, upon

any

45" 8r 46" VICTORIK, No. 240.

7he Nurthem Territory Indian Itnmig~.ation Act.--1882.

--

any such conviction, rrialre order that the indenture of such immi- grant, if unexpircd, shall, on the expiration tlzereof', be prolonged, and if a l~eady expired, slid1 on and from thc expiration of any sentence of imprisonment then passed, and if no s~zch sentence shall be passsed, on and from the date of such conviction, be renewed fbr such period as s l d l have elapsed f~orn the time tvhcn such deserter first quitted the plantation till the expiration of his indenture, if already expired, and, if not, till the dntc of his apprehension, and shall make and sign an entry to that effect in thc plmltation register of desertions and absences on leave, and shall make order for the re-conveyance of such immigrant to his plantation, either then ixmncdiately or imme- diate] y after the expi ration of any sentcnce of imyrisonnlent then passed; and such indcnture sllrtll thereupon be takcn to be so pro- longed or renewed accorclingly.

Extension of inden-

80, When any indentured iinrriigrant shall be sentenced by any ture on aceount of

Court to irnpl*isoilrnent for any crime, his employer shall be entitled

imprisonment.

to procure from the Court sentencing him n certificate of his con- viction and imprisonmc~nt; rind on presentation of the same to any Justice of thc Peace such Justice shall make order that the indenture shall, on expiration of the imprisonment, be prolonged, or renewed, as the case may be, for a term equal to that of his indenture which he ]nay have passed in imprisonment; and, on his liberation from imprisonment, the immigrant shnll be re-conveyed to his plantation, and his indcnture shall be taken to be prolonged or rcncwed

accorctingl y.

81, Every police officer or constable may, without warrant, stop	Vagrancy of immi-
grunt.

any immigrant whom lic may have cause to suspect of being absent from his plantation without lcave, and may require him to sllow his certificate of exemption from labor, or a pass signed by his employer; and if such imniigmnt shall not produce any such certificate or pass, the police officer or constablc may thereupon take him into custody,

a d carry him, if elsewhere than in Port Darwin, to the nearest police	station, and, if in Port Darwin, to thc office of the Irnn~igration
Agent-General, and if such inmiigrant shall be ascertained to be under indenture to any employer, the police officer shall cornnmnicate with such ewploycr, and the immigrant shall be detained in custody until he can be chnrmd before aiiv Justice of the Peace. or until he U U
sllall give sccurity for his appearance to answer suchcharge: Provicled that, if the employer shall so require, the police officer or constable shall cause such immigrant to be re-conductecl to his plantation.

82. If any inin~igrmt, on bcing brought to the Immigration Penalty onconceal-

Agent-General or to m y police station by any police officer or con- immigrant.

went of identity by

stablc, shall wilfully rcfuse to give his name, or the name of the ship in which he was introduced into the colony, or any other information that may reasonably bo required by the Immigration Agent-General, or by the officer in char5e of such police station for purposes of identification, hi: shall be guilty of an offeace, and shall, on conviction, pay a fine not cxcecding One Pound or bc, imprisoned, with or without hard labor, for any term not exceeding fburteen days.

83. Every

45' & 46' VICTORIE, No. 240.

83, Every person, not being entitled to the serviccs of such immi-

Penalty for employ-

grant under this Act, who shall employ or knovingly harbor any

inducing immigrants.

immigrant under indentnrc, or who shall induce or attempt to induce any such immigrant to leave off work or to quit his plantation against the will of his employer, shall be guilty of an offence, and shall, on conviction, pay a fine not cxcecding Ten Pounds, and shall, in the casc of cmployrnent, in addition to such fine, pay to the eniployer entitled to the srrvices of such immigrant by way of damages at the rate of Four Shillings for every clay such immigrant may have been

so employed; and, in case of the permn charged being the manager

of a plantation, it shall be sufficient to support a conviction under

this section to prove that such irnmigrallt has been employed thereon

in the service of such manager.

ing, hurboring, and

PART v m. PAnT VIII.

THE LABOR LL4W.

Work and wages. 84, The employer shall provide every indentured immigrant

with sufficient work for a full day's labor on every day on which fieldwork is not rendcred impossible by reason of' bad weather, Sundays and authorised holidays excepted, and shall pay him wagcs cithcr by the task or by the day, meclrly on the salne &ay in every week.

Assignment of work 85. The employer may require any indentured immigrant to perform, either by way of taskwork or timcrnofi, any work for which he is not physically unfit; but all WO&, whether in thc buildings or otherwise, which requires the CO-operatim of more than two laborers at once in such a fashion t h t the indolence or negligence of one or more may prevent mother from earning the full amount of wages which otherwise he might ha.irc earned in a day, shall be paid for by the day, and not by the task.

Statement of wages 86, The 'employer shall infoml evcry laborer upon the assign-

by employers. ment to him of any task or timework whether he is to be paid

wages for i t by the task or by the day, ancl at what rate for the

task or day, respectively.

Houre of work.

87. Subject to the provision for leave of absence from thc plantation hcrc4nhefore contained? every indentured inlmig~ ant shall be present at the work assigncd him on each weekday in every week, in thc field for seven llours, and in the buildings for ten hours: Provided that no in~migrsnt ernplopsd in the field labor who shall have been prescnt at the work assigned him for forty-two hours. and shall have earned Six Shillings wagcs during the week, shall be

again compelled to be again present at work during that week.

Maximum extent of 88. No task shall be of grcater extent than can be performed by

task. the lnborer to whorn it is ussigned within onc working day of sevcil

hours without r?rt~.norcllnary exertion.

$Q, T l ~ c

45O & 46" VICTORIJE, No. 240.

. -.p--- -

-

The ATorthern Territory I td ian Immip-ntion Act,-1882.

89. The employer shall pay to every indentured immigrant

Minimum of wagea

employed in timework day wages at the rate for each day during for timework.

which such immigrant shall have been present at work for the full time prescribed By this Act of not less than One Shilling for an able-bodied malc adult immigrant, and not less than Eightpence for any other immigrant.

Bato of Wag08 for

Thc rate of wages for any description of taskwork shall not be less than that ordinarily paid for the same description of work to indentured laborers upon neighboring plantations: Provided that the wages agreed upon for a task shall be in no case less than the minimum amount of day wages payable for timework. taskwork.

90,

91, If the immigrant shall bc dissatisfied with tho amount of	Enforcement of rate
of wages by immi-

wages tendered for any task or timcwork nssigncd him by the	gmnt.
employer, he may, after performance of the task or timcwork in question, proceed in a summary manner before any Justice of the Pcacc to recover any deficiency by which the wages so tendered shall fall short of a fair remuneration for the work so performed, or may lay an information or make a coinplaint against
such employer for the unlawfnl w itliholding of wagcs duly carned;
and any such information or complaint may be turned by the Justice into such proceedings for recovery, if he shall be of opinion, after hearing the case, that there exist grounds for furthcr inquiry before estimating such wagcs.
l'roceedinga for the

92. In any proceedings for the recovery of w a g ~ s by an recovery of wagea.

indentured immigrant, it shall not be necessary for such immigrant

t o take out a summons against the employer, or to lay or make any

formal information or complaint; but the Justice may, upon receiving from such immigrant any verbal statement of complaint, require of the manager a statement in writing of the work in question performed by such immigrants, and of the wagcs .paid therefor, together with any other material facts or documents; and	if the matter at issue shall anucar to bc such as should bc tried uuon	a complaint for the u d a ~ ~ f u i ;ithholding of wages, the Jnstice &all
forthwith issue, free of cost, a summons to the employer to appear and answer such complaint, and shall proceed thereupon as i f the immigrant had in the first place made such complaint, and shall give notice to the immigrant accordingly; but if the rate of wages be the sub ject-matter of dispute, the Justice shall forthwith proceed to estimate to the best of his ability what is a fair remuneration for the work in question.

93. In making such estimate, whether for taskwork or daywork,	Judicial estimation
of wages.

the Justice shall have regard, in the first place, to the rule laid

down in the section relating to task wages, and, in the second place, to the rates paid to unindcnturcd immigrants, if any, on neighboring plantations for descriptions of work the most nearly similar to that in question; and it shall be lawful for him to summon witnesses skilled in the valuation of labor, and to allow such witnesses their

travelling

45" Sr 46" VICTORIA?, No. 240.

PAm vm- - travelling expenses and paymcnt for their time at a rate not

exceeding One Pound a day for a manager, Two Shillings a day for a day laborer, and Eight Shillings a day for any other person, or such

further sum as the Immigration ~ ~ e n t - ~ e i l e r a f n ~ a ~ s a n c t i o ~ l; and the

Immigration Agent-General shall supply such Justice, at his request, with any information which may assist him in forming a dccisioa, and, if necessary, shall hold an investigation upon the spot of the civcurnstances material to the question, and report to such ,Justice the result; and the Justice shall make such order in the premises as to him shall seem just, and shall direct by whom and in what pro- portions the cost of such proceedings shall be paid, and shall specify in such order the grounds of hls decision, anit shall fonvard a copy thereof to the Immigration Agent-Gene~al; and every such order shall be enforceable, and every payment directed thercby shall be recoverable, in the same manner as in the case of any order made in the exercise of the ordinary summary jurisdiction; and every sue& order shall be final and without appeal.

Penalties on employer

for illusage. 94, If any employer, manager, or officer of a plantation shall

assault, or in any way illuse, any indentured immigrant on such plantation, he shall, on conviction, be liable to a fine not exceeding Ten Pounds, or to imprisonment, with or without hard labor, for a term not exceeding two months, or to both.

Penaltiee on employer

for the withholding 95. If any em y loyer, malinger, or officer of a plantation shall

of wages. unlawfully withhold any wages earned by an indentured immigrant, hc shall, on conviction, pay a fine not exceeding Tcn Pounds, arid the Justice shall order any such wages to be paid, and shall report every conviction under this or the preceding section, together with such circumstances of aggravation or extenuation as to him shall seem noteworthy, to the Immigration Agent-General.

Stoppage and pay- 96. Except as hereinafter provided, all wages duly earned by an

ment in kind.	indentured immigrant shall be paid in money, without any deduc-
immigrant, and every postponement of payment of such wages tion, and every stoppage of wages duly earned by any such
beyond the day on which such wages shall be payable, and any payment of wages in kind, slrall be taken to be an unlawful with- holding of wages; and no manager supplying goods on credit to his indentured immigrant shall be entitled to stop the price thereof out
of any wages which may be thereafter earned by such immigrant.
Immigrant dying	97, In the event of any immigrant dying intestate during his term of service, the employer shall forthwith pay to the Immigration Agent-General the whole of the wages which would have been payable to such immigrant up to the datc of his death, as if such wages had accrucd from day to day, and the Immigration Agent- General shall. pay them to the next of kin of such immigrant then
intestate.
in the colony, and, if there be none such, shall transmit them to the
Emigration Agcnt for payment to the next of kin of such immi- grant resident in British India, and, if there be none such, the

amount

45' & 4 6 O VICTORIE, NO. 240.

amount so paid shall be placed to the credit of' the Inlmigration	PART v m.
Fund.

98, Every indenturd immigrant who shall bc ~uidawfully on immi-

grants for absence,

absent from his lAantation without leave, or shall be guilty of indo1cnt.e. or refmc-

wilful indolence during worlring hours, or shall witlloit lawful

re8Pect

excuse refuse to bcgin or finish any particular work assigned him, shall be guilty of an offence, and shall, on first conviction, pay a fine not exceeding One Pound, or be iinprisolled for n term not exceeding fourteen days, and, on a seconcl or subsequent conviction, shall pay a fine not exceeding Two Po~ind, or 1)c imprisoncd for a tcrm not exceeding one month, as the convicting Justice shall direct.

99. Every indent~n-ed immigrant who shall without reasonable Throwing out work.

cxcuse refuse or ncglcct to amend any worlr duly thrown out for an improper performance shall be guilti of an offence, and shall, on a first or any subsequent con~iction, be snbject to the respective penaltics provided I'or such con~iction in thr precet9ing scction, and shall further forfeit any such portion of' the wages which may be clue for such work as the convictir~g Justice s l ~ d l tllinli proper; and the nianagrr may snspcnd the paymtmt of any such wages pending any proceedings which he shall have talren against such immigrant for such reft~szzl or neglect: Provided always that no work shall be taken to have bcen duly thrown out for improper performancc, cxcept by the manager taking down the worlr on the spot the same day or the next day after such work shall have been clone, nor unless such manager shall httvr: infor.med the immigrant upon the spot that his work is thrown out, or, in case 1112 be absent, so soon after as it is possible, anti shall have specified the gromld or matter of his objection to the worlr clone, and shall have required him to amend the same.

100, Any indentured immigrant who shall absent hinlself from Exemptions from penalties for absence

his plantation in order, on reasonable grounds, to lay an information ,,h ,,f

or make a coinplaint against the employer or manager before the work.

Justice, or to iualre any reasonable mtnplairlt of his treatlncnt, and to ask co~mscl of thc Immigration ,\gcnt-Gcneral, shall be cntitlect to receive from such Justice or Immigration Agent-General a ccrti- ficate that such absence was for rcasonablc cause; and no immigrant possessing such a certificate shall be liable to conviction for abkncr from sucll plantation upon the clay on which such certificatc was gntilted, or within such time, bcforc and aftcr, as shall be rleccssary to allow of his free going and retm.ning; nor shall any immigrant be convicted undcr this Act for wilful indolence or non-pcrfiormance of work assigned him in respect to any work for which l ~ e & x l l have been at the titne physically unfitted, or which shall be of such a description or extcnt, or which shall havc bcen assigned in such a manner or fol. such a rate of wages, as to contravene any provision of this Act, or which sIlall have been unduly thrown out, or for which any wages shall have been unlawfully withheld; nor shall any female immi-

D-240 grant

4 5 O & 46" VICTORIW, No. 240.

. --. - - - --- . -- --

~ A R T ~111. - grant convicted under this Act for absence, wilful indolence, or non-performance of work be sentenced to imprisonment, except in default of payment of a fine, nor to the payment of a fine on first couviotion exceeding Ten Shillings.

Register of ~roceccl- 101. Every manager of a plantation on which immigrants shall

ings in respect of

labor.	be indentured shall keep a register of all cases under this Act in which he is concerned before any Justice of the Pcace in the form
in the Schedule 17 annexed.
Penalties on immi-

grant for disorderly 102. Every indentured immigrant who shall be drunk while

conduct in respect of	employed on any work, or shall use to his employer, or to any person
work.	by him placed in authority on the plantation, any abusive or threaten-
iiig or insulting language or ge&ure, or shall; by negligence, carc- lcssness, or other improper conduct, damagc, or cause to be damaged, or shall sell ally propcrty of his employer, or shall through negli- gence or cn.~elcssncss, suffer any such property to be damaged, or shnll persuade or attempt to persnadc m y other indentured imwigrant unlawfully to refuse, absent himself from, or desist from work, shall, on first convictlion, pay a fine not exceeding Two ~ounds, 'or be iwprisoned for a tcrm not exceeding one month, and on a second or subseqnent conviction shall pay a fine not exceeding Five Pounds or bc imprisoned for a term not exceeding two months, as the con- victing Justice shall direct.
Extratinle in the field.	103. An indentured immigrant may bind himself by agreement with his employer, made in thc presence of two witnesses and ternlinable on the next weekly payday, to work extra time in the field: Provided that the drscription or dcscriptions of work to be assigned him during such extra time be expressly stipulated bcfore- hand.
man

Service RE a watch- 104. No indentured immigrant shall be compcllcd to serve as t t

watchman, but Le may bind himsclf by an :igrcement with his	employer, made in the presence of two witnesses, to servc as a watch-	r w n on the cstate for any term not longer than one month, or from
month to month; and unless he shall give ilotice of his refusal to serve any longer as a watclnnan, at least seven days before the expiration of any month's scsvice, he shall be compelled to serve for
the next month.

Y o r 1

duty as a watchman. 105. Every immigrant under indenture who, after having agreed

to scrve as a watchnlau, shnll unlawfully neglect his duty as such watchman, OF shall unlawfully ncglect to serve as a watchman during the period for which he shall have agreed to scrve, or for which he shall be bound to serve, shall be guilty of an offcnce, and shall, on conviction, pay a fine not exceeding Two Pounds, or be imprisoned for any term not exceeding one month.

Extra time in build-

ings under agreement. 106. An indentured immigrant may hind himself by agreement

wit?) his employer, made in the presence of

two witnesses a i d ter-

minable

45' & 4 6 O VICTORIE, No. 240.

The fiortkel-18 Tcvifory Indian Immiy~.atio~~ Act.--1882.

-...-.----U--------.- . - - - - -

minable on the next wcckly payday, to work extra time in the. ~ A R T	~ ~ 1 1 1.	W
buildings, and the employer may assign him during such extra time
any work in the buildings which he is physicdly competent to
perform; but no indentured inzniigrant shall be conipellecl undcr any such agreement to worlr on any one day for more than six houls of extra time, or to perform work of n different clcscription froiri any such as he may by his agrccment have exprcssly stipnlntrtl for.

107. In the absence of prcvious agreement to that effect, ;in in- Extra. t i r n ~ i n build

denturcd immigrant employed in the buildings may be on any (lay ~ ~ ~ ~ , ~ ~ P ~ ~ ~ ~

required to work extra time, not exceeding six hours, provided that that intention to require cxtrn time be communicatd to him at lcast one hour before the expivation of thc ordinary time, and that, iP he then give notice of his refusal to continue longer at work, he s l d l be entitled to leave worlr one hour after tlie expiration of the ordinary time.

not less than that at whkh ordinary timework is paid for; and thc L:tw. 108, All extra timework shall be paid for by the hour, at a rntc Extra time. Lnbor

same provisions, remedies, and penalties in respect of the due per- formance of work and pay~neut of wages shall apply to service as watchman, and to extra timework, whether under rtgrccmcnt or otherwise, as are contained in this part of the Act wit11 reference to ordinary work.

PART TX.	PART IS.
HOSPITALS.

109. On any plantation on which more than five immigrants are IIospitnl nccommndrt-

employed there shall be a llospiti~l or I-~ospitals certified, or lrereaftcr tiuu.

to be certified, under this Act, and cqmble of affording acconmro- dation for all immigrants on such plantation at the rate of at least ten beds for nof more than fifty immigrants, fifteen beds for from	fifty to onc hundred immigrants, and five for every liunclred irnmi-	grants after the first hundred, and affording separate accominodation
for male and female immigrants; and no joint hospj tal for two o r more plantations, and no hospital which is not situated upon thc plantation for which i t is intended, shall be allowed without n certificate in its favor from one of the mcdical officcrs to tlie department, and no such certificate shall be given without spcci:~l
permission of the Immigration Agent-General.

110. One of the mcdical officers shitll, at the request of any Certifying hospihl.

employer, inspect the site and examine the plans for any building proposed to be erected or altered as a certified hospital under this Act, and shall direct to be made thereon such changes and alter- ations as are in his opinion necessary for ensuring the proper constmction, ventilation, and drainage of such hospital, ancl shall certifv any building erected in complimcc with such directioris and with *the provisions of this Act, or which shall have becn altered

SO

45" R. 46" VICTORIiE, No. 240.

The Northern, l'tr~itory lndinn Immigration Act.-1882.

1 ' ~ m	so as to comply with tlle same, as a certified hGpital fbr the pur- poses of this Act, and shall state in such certificate the number of patients which s;ch hospital is capable of accommodating; and, except as provided for in such certificate, no part of any certified hospital, or of thc space under the same, shall be used for any pur-
pose except the accommodatioii ancl treatment of p a t' ients.

Right of lessec in

certified hospital.	111. Any lesser: of a plantation providing a new hospital or additional hosaital accommodation. in accordance with the reauisition of any mediial oofticer, for immigrants under indenture on such plan tation, shall be entitled to rcccivc such compensation thereof from the lessor, on the termination of his lcase, as in the casc of dispute may be awarded him by two arbitrators to be appointed by hir~iself and the lessor, respectively, or by such umpire as the arbi- trators sllall appoint,
Withdrcrwd of cer-	112. If at any time thc accommodation afforded in any such hospital shall fall short of that rcquired by this Act as aforesaid, or such hospital shall appear to any of the medical officers of tEic department to Fe for any reason unfitted for the purpose of, and improper to be used as, a certificated hospital, such medical officer shall make such report to the Immigration Agent-General as shall in his opinion be necessary and proper; and if such medical officer shall report that such hospital ought not to continue any lunger to be a certificated hospital, it shall be lawful for the Immi- gration Agent-Gencral, subject to the approval of the Government Resident, to withdraw the certificate of such hospital; and if such employer shall not within twelve montlls of the withdra~val of such certificate, or within such further period as the Government Resident shall allow, have provided some other building p q e r to be certified as a hospital under this Act, it shall be lawful for the Immigration Agent-General to remove all or any of the iildentured immigrants from such plantation, and to transf'er any such immigrants for the unespired remaiindcr of their terms of service d o any other em-
tificate of hospital.
ployer who is willing to accept their services, and to pay the commu- tation-money.

Itoqital ru~en and 113. The Immig~atioa Agent-General shall, with the assistance of

dietary.	any medical officer of the department, from time to time, make such
rules and regulations ae to him may seem necessary for the proper arrangement and management of certified hospitals, and shall specify therein the furniture, medicines, and appliances, and the quanti- ties of each, which are to be kcpt supplied in each hospital for the use of the same, and shall, with such assistance, also from time to time, frame and revise the dietary- which is to be used in such hospitals; arid all such rules and regulations, and every such dietary, shall be subject to the approval of the Governor, and shall when so approved 'be published in the Government Gazette; and copies
of the same, with translations thereof, or of such parts thereof
affecting the rights and obligations of immigrants as the Immigra- tion Agent-General shall select, into the several languages of the

immigrants

4 5 O & 46" VICTORIW. No. 240.

110 such conr-alcscent inmigrant sllall rcmain inscribed on the

muster-roll bc~-ond the space of six inonths, and that (very such immigrant during his remaining on such muster-roll s l d l be con- sidered other than an a1)le-bodieciimnligrant.

138.	F,vcl-y immigrant rntioned under this Act who shdl scll or	Pcl l: lb f o r b v i n g or
selling rations.

b a r b any ration or part of a ration furnishecl under this Act shall, on conviction, bc irnprisorietl for any term not excc'erling fourtceir days; and everv 1)rrson who shall take by way of purchase or bartcr frorn any inmligrant I-ationed undcr this Act any such ration or part of n r d o n, shall be guilty of an offcncc, and shall, on conviction, pay n fine not exceeding Fiw Pounds, or be imprisoned, with or witbont, hard labor, for a, term ilot exceeding one month, or pay such fine and be so imprisoned, us thc convicting Justiccs shd1 direct.

PART XTT. PART X I I.

- -.

PASSPORTS ANI) RETURN PA8SAGES.

139. Every immigrant who shall h i t ~ e obtained or become entitled PuCsports.

to a certificate of exemption frorn labor, and who may be desiroils

of quitting the colony, shall apply to the Immigration Agent-Gent~xl

for a passport, and thereupon the Immigration Agen t-General shall,

wit,hin one week from date of any such application, deliver to him fxeo

of c h a r ~ e a passport good for ono calendar inonth from thc date there-

of, and shall register such passport in the register of certificates of

mpmption from labor; and the certificate of exemption from labor

of such immigrant, and his right to receive such certificate, shall be

thereupon suspended.

140. Every immigrant who shall attempt to quit the colony l1enaity for breach of

without a passport shall be guilty of an offence, and shall, on con- pissport regulation.

viction, pay a fine not exceeding Five Pounds; and every owner,

master, or person in charge of a ship who shall receive or harbar

on board such ship or elsewhere an immigrant who shall not h a w

011 tained

4 5 O & 46' VICTORIZ, No. 240.

- -- - --

The Norther?$ Terj.itory I n d i m Immigration Act.-1882. -- -

obtained such passport, or whose passport shall have expired, with intent to carry such immigrant out of the colony, shall pay a fine

not exceeding Twenty Pounds for every such immigrant so received

or h~rbored; and cvery snch last-mentioncrl fine may bc i.ecovered

in a snrnrnary way on ihc information of any officer in thc Govern-

ment service, and the ship shall be liable, on the wanant of a convicting Justice OS the Peace, to be seized and sold in execution for thc amount thereof and costs.

Return pnsenges of	141. Every immigrant who shnll have completed a coirtilluous residence of ten years in the said Territory, and shall during that time h a w obtained or become entitled to n certificate of exemption frorii labor, shall be entitled to be provided: at the expeiise of the said
Inthin i~nmigrants.
l)rovirlce, with n passage back to the ~ ~ o r i; whence ~ U C ~ I imn~igrant
sailed from India; and every immigrant so entitlrd who bllall bc clctainetl in thc colony contrar)r to his wish, nftcr claiming snch back passage. shall be elltitled to demand and receivt: f~.onl the l mloigmt ion F u i ~ l tllc sum of One Found for every six inonths of such detention: Provirlcd that cvcry immigrant who shall at any time quit, OY attempt to quit, the colony witlmit a passport shall t hc l~by forfeit all clniw to a back lmssagc at, the expense of the said province, notwitllst:\nciing he rnay have resided tell years in thc said province.
Return passage of

i ~ n m i p n t di~ablcd.

Inspectiorl cf rctllln

ship. 144, Previous to the depnrturc of ally ship hired at tht. c s p ~ n s c

of tlir colony having rctnrn iirunigrants on board. the 1mtnig~:'t. r 1011

Agent-General, xssistcd by one of thc medical officers, or, m his

absence or inabilit?~ to act, hy tlle Ilcslth Officer ol' tllc ~ m t, shall inspect the sllip and immigrants, and ascettnin wliethcr the armlzge-

ments made for tlw p~ssage and fbr the treatment of the inrmigrt~i~ts

on board are in confbrmity with the law; and shnll make out a list of the imi1)igrants oil board such ship who a w entitled to n back passngc at the expense of the colony, and shall dcliwr the same to the Surgeon Superintcndeiit for the use of Iiimsclf anti thc master of such ship, and d d l ccrtify upon such list tllc total inmlber and

descriptiou

45" & 46" V I C T O K I a, No. 240. - -- . - -- --

----- -

I he Northe~n Territory Idinn Immigratio~t Act.-1882. -

description of immigrants embarked, together with the state and condition of such immigrants, and that they have all been provided with clothing suitable for the voyage.

PART XIII. PART XIII.

REGISTERS, RETURN S, AND CERrl'IFICATES.

145. The superintendent, kceper, or other offllcer in charge of	Returns from publie
institutions.

any prison, hospital, or othcr public iiistitutioii of thc said Territory shall, on or previous to the twenty-first clay of January, and thc twenty-first day of July in every year, make out and transmit to the Immigration Agent-General a return of all irnniigrants who may have died while inmates of such public imtitution or cstablishmcnt during the six rnoriths yrwious to such inon ths of Jannnrg and July rcspec- tivrlp, and s l d l transmit thcrcwitll any certificate given under this Act which inay be fo~uncl in the possession of any such i~lirnigrarit.

146. Every manager of u plantation on which any immigrant	Registers to be kept
on plantation&

may bc undcr inclcnture. or contract of service und& indenture, shall keep a 1-egistcr-book or registcr-books which shall be at a11 times opw to the inspection of the Immigrntion Agont-Cicneral and the ~ncdical officrrs, ant1 shall bc produced in Court, if the presiding Judge or Justices s h l l so require, in all procceclings taken under this Act by or against any inmigrant under indenture or coiltract of scrvice on such pl;ultation, and slxtll include the following pmticulars-

( a ) The several inclenturc lists received by the manager on allot- m m t of immigrmts, or at%w his cnteri~lg into contracts of servicc with ally iinmigrants, 01. any copies of such inden- ture lists which still have bcen certified by tho Ilninigr a. t' ion

Ageii t-Gcneral :

(6) A register of' births occui.ring on such plan tation (Sclicdulc

Xo. 1%):

( c ) h rcgister of (leatlrs oec~u.riiig on such plantation (Schedule

No. 14):

((7) A register of all rnni&qp occurring on such plantation

undcr the provisions of any Act now or hereafter to bc in

fbrce in of marriages, or in respect of the marriages

of Indian iininig~~aiits (Sd~etlulu No. 15):

(e, f; q ) 'L'hc s~vernl registers of' tlesertions and abscncc on leave

(Sclledule Xo. l6), of proceeding in respect of labor ( Schrdule KO. 1 7), and dwellings of iudcntare iinmigrauts (Rr:hedulc Yo. lH), liereinbcforc directed to be lcept.

147. Every employer of iminigrants shall, on or before the twenty- Half-yoaxly returns.

first clay of January'atid the twenty-fi~st clay of July in every year, make out and send to the lrnrxiigratioil 14gerlt-General a return in writing (Schedule KO. 19) of the number of each description of

imrnigrm ts

45' & 446" VICTORIW, No. 240.

- - - -- - -- - . --

The ATorthern l 'erri to~y I n d i a ~ Immi.qrn tion Act.- 1882.

-- F ---p- - p . -. - - ---p -

- -- P - - - - -

I'nnr XIII. - immigrants i11 his service on the last day of tlie preceding niontl~, and thc Immigration Agcnt-General shall lnalre out an abstract of all such returns, and of the returns made by th(: snperinteuclents of public establishments to be laid before the Governor.

Penalty onmulager	148. Any manager who shall make ally false entry in any
in respect of registers

and returns. register or half-yea~lv return required to be kcpt or nradt! by him under this Act, or who shall neglrct to keep any such register care- fully noted up, or to make out and scnd in any such half-yearly return within the time limited in that behalf, shall be guilty of an offence, and shall, on conviction at the cumpluint of the ~mlni&atinn Agent-General, pay n fine not exceeding Five Pounds.

Medical returns and 149. Every medical officer shall, within one n1on th aft cr the

abstract. ter~uiimtion of each quarter, t ranmit to the Immigration Agent- Gcneral a return of all the case? entered in the 1mq)itill registers under his care, to bc laid with his report tliercvn bcforc the Governor.

Duplicates of certifi- 150. $hry immigrant whose certificate? of escniption f ~ o m labor

cates and certified er- from regisle;s. shall be lost or ciestroycd shall be entitled, on proving tu thc sntis- fixtion of t,hc Immigration Sgcnt-Gencral that he is thcn entitled to such certificatr, a d that sudi rertificatc has bwn lost or destroyed, and on l)stynient of One Shilling, to rccciw n iluplicatc of such certificate; aiid every ernployri. shall at a117 timc he entitled to ;L

duplicate of any inclenturccl l i ~ t of immigl.ants ilelivt..1wl to hiin 011

papmeut of One Pomld, or of Sixpencc per iuinligrant if less than fifty; and every employer a d i~mxiigrant shall bc cntitlcil to rcccivc

a certified extract from any register liept by thc Im~nigration	Agent-
General on payment of One Shilling for every such cstmrt.

Unlawful use of uer-

tificate of pass. 151. If any immigrant shall na: or attempt to me any certificate

of exemption froin labor or any pass sigiieil by m c~ulploj-c', nut

being the immigrant to wholli such ccrtificnte ur pass was granteJ,

he sliall, on conviction,.I~c liable to a fine not rxr.eeding Five I'ountls,

or to imprisonment, with or without hard lnhor, for a term not

exceecling two months, or to both.

Penalty for forging 152. Ally pers~il "ha shall f 01 .p or alter, or shall offkr, nttcl.,

or altering certificate	disposc of, or put off, knowing thc same to be fol-gcd or altcrt~l,	any
of exemption from

labor. certificate of cxcnlption from lnbos mentio~ied in this Act, 01. m y

indorsement provided hy this Act to be niad(~ tl-lel.eon, with intent to defraud, shall be guilty of u felony, a d, being convicted thereof, shall be liable to bc irnprisonctl for any term not exceeding two years, with or without h a d labor.

~entt~ty	for forging	153. Any person who shell forge or alter, or shall offer, uttcr,
Or

pass.

pass^'* Or dispose of, or pnt off, knowing the same to be forged or alttwrl, any

passport or any pass mentioned in this Act. with intent to drfraud,

ihilli, on conviction, be liable to be imprisoned for any term not

exceeding one year, with or without l~rtrd labor.

PAE'l'

45" Sr 46" VICTOKIlE, 'No. 240.

154. Every ini'orn~ation laid or complaint nlade under any of Summary procedure.

the provisions of this Act sliall be laitl untlcr Orclinatrce No. G of 1850, and tllcrc shall be iln apycal from uiiy conviction or o~der, or appeal to nlake m y orclcr to thc Lacid Court of Full Jurisdiction nearest to wliich the subject-matter of the complaint occurred, which appeal shall be coildactcd in the nlilnller and subject to tlie conclitions of the said C)rclinance: hovided always that any such

iiifornlation or coinplaint agiiinst a n indcntu~ecl iimii(wmt s l d l bc f)

laid or nlade within one iiloutll from date of such offence or cause

of coinplaint, or, in case of desertion, within onc wcek from the date

at which the deserter shall be apprehended.

155. Every infornmtion which may bc laitl 01- complaint which Immigration gent- General may complain

may bt: innclc u n i l ~ r this Act by an imnigrant may be laid or made of immi-

by the lmrnjgl'ation Agent-General on his behalf. grant.

156. 111 any ~wocceclings taken hy any cmploycr or Inanawl. Attendancc of om- b ployer as complainant

against an immigrant under this Act, i t s l d l not be necessary for ., ,puisite.

the com~~lainant to attend in lwrson unless the complainant be a.

A &

material witness on the part of' such immigrant, in which case the

hearing nmy bc postponed in order to his appearance.

157. 'The defendant in all proceeding! under this Act shall ire Eviaencr of,aq- fendant adrmsmble.

entitled to be sworn ancl to tender his evirleilcc on oath; and every heatllen irkmigrant shall make such oath or a%rruation as he shall declaw to be h c l i u g or1 his conscience, and shall be liable in case of falschoocl to be convicted ancl punished as for perjury.

158, In any proceedings taken by or against an employer in Statement of owner

n-hich it shall be necessary to state the ownership of any property ship of property.

belonging to, or in thc: possession of, the proprietors of any planta-	tion, it shall be sufficient to namc any one of such proprietors, or
the attorney of such proprietors, and to state such property to belong to the person so named, and another or others, as the case may be.

159. In any proceedings taken by or against an hmigrsnt, ally Certified documents

indrnturc list, certificate of indenture, or certificate of cxemytion aithuutfurtherpof.	receivable in evidence
f~our labor, and any duplicate thereof duly signed by the Immigm- tion Agent-General, ancl every duly ccitified extract from any register kept by the Inmigration Agent-General, shall be received in evidence of any fact therein recorded without further proof.

shall be necessary to prove any contract of service under this Act tract before indenture. 160. In any proceedings taken by or against an immigrant, if i t Proof of annual con-

before the immigrant who may have entered into such contract shall have been indentured in pursuance thereof, it shall Fe suffi- cient, up to the time of the next visit of the Immigration Agent-

General

45' & 46' VICTORIW, NO. 240.

The Northern Tel-ritory Irdian Immigration Act.-1 882.

General to the plantation after thc datc of such contract, for the Magistrates to call upon the employer to prodnce the contract of service, duly certified by the Justice of the Peacc; and, in default of such production, such contract may be proved on behalf of the immigrant by par01 evidence.

Imprisonment with

hard labor.	161. Every immigrant under indenture who shall be imprisoned by virtue of any conviction under this Act, shall be imprisoned with hard labor, and every such immigrant imprisoned in any prison for which a scale of taskwork shall have been sanctioned by the Governor, shall fulfil such sentence of irnp~*isonmcnt by the per- formance in such prison of a nuinbev of tasks equal to the number of days for which he shall have bcen imprisoned, and shall not be discharged till he have performed such task, except by special order of the Governor.
Coroner's inqumt on
immigrant.	162. Evcry inquest upon the body of an immigrant known or reputed to be such within the meaning of this Act, ancl employed on any plantation, shall be held by a Justice of the Peace, without
the intervention of a jury, who shall sum up the evidence and
make and sign order thereupon; and every such order shall be equivalent in all respects to a verdict signed by a coroner's jury and countersigned by the coroner; and such Justice shall trausmit to the Immigration Agent-General a statement nf such particulars in respect to the identity of the immigrant and cause of death as he may be able to ascertain on such inquest.

PART XV.

MISCELLANEOUS.

Power of Governor to 163. 'I'he Governor, with the advice of the Executive Council,

make regulations.	may, from time to time, make m d publish in the Government Gazette
provisions, powers, and authorities in this Act contained, and may such regulations as to him shall seem meet fbr fully and efE'ec- tually carrying out and giving force and effect to the vmious purposes,
from time to time alter, rescind, vary, and amend the same, ar any of them, and make other regulations in lien thereof, for more fully and effectually carrying out and giving force aud effect to such purposes, provisions, powers, and authorities. A copy of any such
regulation, after its publicatiot~ in the Govern.tm*rt Gazette, shall be
sent to the Government of India for information.

I reserve this Act for thc signification of the Queen's pleasure.

WM. F. DRUMMONU JERVOIS, Governor.

4 5 O Pr 460 VICTOKIE! No. 240. 41

. ". -

The Northern I e r r i t o y h d k n Immigration Act.-1882.

THE SCHEDULES.

SCHEDULE (No. l).-Section 48.

SCHEDULE (No. 2).--Section 26.

Rrgistew of A p p l i c n t i o ~ ~ s f o r linnzigvantsfor the Season 18

X 11111 bc-r of Imnliyrnnts

applied for.

.L of Ar ii indunlulc, fcc to allotment, to bc made at any ~lwcial t i m ~ of

lessor, be paid in cash; if

rnort~wgcr.

the year; if npp1ic;l-

tion refused, ~ i t h

g ~ o u n d \ and 11:itP c ~ f

ref usitl.

42

-- 45' Sr 46" VICTORIA?, No. 240. , - --

-

The Northern 2i.rritory Indian Immigration Act.-1 882.

p-L

SCHEDULE (No. 3).-Section 40.

General H e g i s t ~ r of Immiyranfs Introduced into the Nor them Territory ( A ).

Observations.

[If unfit ior fierrice, whether grant- Whcxthcr indrnturc ter-

ed a CCrtific.de of exeniption and	minated, commuted, or cancelled; nnd if transferred, to whom,
&C.)

SCHEDULE (No. 4).-Section 71.

~ W n o r Ivnnaiyrants Indentured O N Plantntiote (13).

Obscrrations.

(Whether indenture termi- nated, commutetl, or cnncdlctl; and i f trans- ferred, to whom, Be.)

SCHEDULE (No. 5)- Section 63.

General Register of Certificates of Rxenz~~t ions fronz LaZor f C).

1 Kanie of plantstion on

which last indentured;

dhlr wlrm cwtificatc will and if on allotment, or

5 3	fnll due.	otherwise; or if returning
S	to colony; or if exempted
5 $
k '	;	for disability for service.
Q

(In case the immigrant is I likcly t,o shorten his inden-

this date must beestimated). ture under the livret clsul;t,, /

SCHEDULE

45" & 46" VICTOKIE, No. 240. 43

- --- -p.

The Korlhelw ?i .rri toy Iudian Imnzi$ruiiot~ Act.-1882.

__ - -- - -

. --

SCHEIIULE (No. 6).-Section 70.

General Bqis ter cf ?fnrnz<qmnts I~zrlentured under Contract .

SCHEDULE (No. 7j.-Yection 49.

This indenture list sheweth, that the ( n u t d ~ r, nxcc,l i~nrr~igrants, whosc names and register

numbers are hereunder written, have been duly allotted to [nnme? to serve as laborers or reside upon plantation [mwze, district, CVZOL@] fiom the dster and upon the terms of indenture, contract of residence, or otherwise herein sl)ecifiud for each of them, and according to the " Northern Territory Indian Immi- gration Act, 1882" (but subject to such special contrart as is hereto appended, in so f'ir as the same is valid under the said Act).

ZA G

'S	2 &	5
-.-

2. lit

m Q .d

5

; 9 c :

.S .A

.r.	C
0" 5 5

=

g

$	gzs$ g
z % %

SCHI+:DCL,N (So. 8).-Sections 40 ancl 70.

This is to certify that the a ace] immigrant. whose nanie and register niimber is hereunder written,

has been duly allotted to rnnme 5 to serf c as an indentured laborer upon plantation [nmme, dbtrict, c.otcnty],

fronl the date herein specified, and according to t l ~ c "Korthcrn Territory llldian Immigration Act, 1882" (but subject always to such special contract as is hcrcto appcndcclj, so far as the same i~ valid

under thc s a ~ d Act.

4P & 46" VICTORIE, NO. 240.

The Northern Tewitory Indian Immigration Act.-1882.

SCHEDULE (No. g).-Sections 62 and 70.

This is to certify that the immigrant, whose name and register number is hereunder

written, from and after this certificate, shall in course of time or otherwise be due exempt from all legal

liability to labor under the " Northern Territory Indian Immigration Act, 1882."

Whether a t present indentured

Yute wlrcn	on a plantation [na?ncl or fwc;
whether returning to colony Indorse-

~

~ certificate vi11 ~ aftcr absence on passport; ~ i ~ ment of ~ ~ f

iswed, falldue in courst

whether paying Par rcncwcd employer.

UP time.

cost; whether exempted for

dititrbility.

--p- ---

I

. - -

(Signed)

~ ~ m i g r a t i o n Agent- General.

SCHEDULE (No. l0).-5ections 66 and 67.

Contract made this day of , 18 .

I Lnanze], manager of plantation [~zanze and situntionl, agree to hire [name of im?niyi.ant] ;

and I Lnnme, race], immigrant, agree, in consideration of bounty-money [or ns

the cnsc wwy h], to serve [nnnee qf employer] as an indentured laborer upon plantation

for the term of	, from the date hereof, according to the "Northern Territory Indian
Immigration Act, 1882."

(Signed)	Bsmp lo y er.
(Signed)	Imnziymnt.

1, , Justice of the Ycacc for the Province of South Australia, do hereby certify

that the above-signed immigrant [name] appeared before me personally this day of

, 18 , and procluced a certificate ot' cxernption from labor, nutnbered [number in ( C ) ],

indorsed the day of , 18 , by the manager of the plantation thercin

mentioned; and that the sum of was paid to him in my presence, on account

of the above-signed or as the cnst! nzay b e ], and that the abom contract was

signed by the said [nawte of inmmilirnnlf voluntarily, and with a due understanding of its effect.

(Signed) Justice.

SCHEDULH (No. l l).-Section 70

This indenture list showeth that the [number, t.ac?e] immigrants, whose names are hereundm written, have been duly indentured to [name] to serve as laborers upon plantation [ m m e and situation], for the tcrm of from the datc herein specified for cach of them, and according to the "Northern Territory Indian Immigration Act, 1882." -

-- P-

Nmubcr in

Number in plantation Numbcr in

(A) or (B)	:	'umbel	Date of	register ot	plantation
in (B), un-	In (C;.	c	:anti-:let.	register of
derlined.	rlesertions and

;~hscnce. l>roceedings.

v- . - --- -- -

- -

(Signed) Irnmiyration Aye~zt-General or Sub-Agent.

Visiting plantation this day of , 18.

SCIIEDUI~E

45' & 46O VICTORIA, No. 240.

-

The Nortliern Ttrritoy lndian 1mm.igraiio~z Act.-1 882.

SCHEDULE (No. 12).-Section 135.

Dm?crvy.

Maize-meal, flour, or rice ...... l&lbs.

Dholl ........................ 4 0 ~ s. (or such cquirnlcnt quantity oi other vegetable food as the Immigration Agent-General

may from time to time

allow)

Cocoanut oil or ghec .. .:. ..... loz.

Masada, or curry stuff .......... goz.

Sugar,. ....,.......... .... .. . 2ozs.

salt .. .. .. .. .. .. .. .. .. .. .. loz.

SCIIEUULE (No. 13).-Section 147 ( h ).

- -

lleseliption of Father. Description of Mother.

-

Date of

Kame bli 111. Collntlp. I 'hi11 ir r h i c h introchuecd, ' Sear of Ship in which introducccl, Tear of

ConlltlS. and nnmber. arlival.

galllc,

and numbcr. itr~isal.

I

_^__p-

__-_ ___-______-__.

1 l

---

SCIIEDITLE (No. l4).-Section	147 (c!).
Teiir
~f arrival

~ V I I T W. - - ~. TT) n=p~r t ing the death of n l y indentured immigrants which did not tulic p1:1cc' nn th. plant:rt,ion, n rcnla~k should be dllly

made fihorving rrlicw such inimigr:~nts dird.

2. Any certificate of industrial service or temporiiry or proYision.ll certificate, in the l~os~cesion of any immigrant a t the timr of

tle:rtli, should be obtained and fonbaded with 1h:s return.

SCEIEDULE (So. 15).--Section 147 (d).

R e g i s t e ~ of Nurriagas of Inrlinn I m n ~ [ ~ r a n f s celebrrrferi? itz tlhe iVortltct.n Ilkvdory.

-- -

- - - - - - - -

I Place of publication ot

Ship In which Year 1 rlace

Date. Xnmber. Same. notice of

introducecl, nntlnun~ber. ot itlllral. o l abode. inlerlded l,,alriage,

- -p--

--

--p -

46 45O 6r 46" VICTORIE, No. 240.

l i r e Northere Territory Lzdiatz Immigration Act-1862.

SCHEDULE (No. 161.)-Section 147 (c, f, g ).

l.-Register of Desertions.

l

s y p

Number. Country, in which introtlnrcd,

of desertcr. Sex. I and number.

-- NYne l

2.-Register o f In~prisonme?zts (No. 1611).

Same of 1 Ship

Yrw

Number. imm~grnnt Sex. Country. 1 in which intmduccd, of arrival.

impiiaoncd , and numbcr.

3.-Register o f A b s e m e ON Leuce (No. 16111).

S o. natc of allotment or of Year of

S a ~ r ~ e of Immigrant. Sex.

herein. re-indenture. introduction.

- ---

i

l

Period of	Icrvve.	It p h i extmr\cd.
- -

Verbally or by a p s ~. Date of grant of 1c:tvc.

Y l o n l - ) To- To whnt riate. I Consc.

-. -..-

SCHEDULE (No. 17).-Sections 102 and 147.

No. Punishment, Rcmarlcs.

herein. ~f my. (Date ot disposnl.)

45" Pr 46" VICTORIiE, No. 240. 47

The N o ~ t h e l r Territory Indian Imm2jlration Act.-1882.

SCHEDULE (No. 18).-Section 147 ( e, f, g ).

Register of Dzoellings of P?zdentured Immigrants. --

SCHEDULE (No. 19).-Section 148.

HALF-Y EARLY RXTTIRN

Uf the different descriptions of immigrants under indenture to, or residing on, plantation [name and

sittsationl, for the half-year ending the day of , 18 .

Indians.

Total.

Calcutta. Madras. Bombay.

Number of indcnturcd i n ~ n l i ~ r a n t s rcm,tini~~g on the plon-

tation, as shown hy last half-yearly return .....................

Numlw of indcnturcd imnligrants on the plantation whose

terms of service commenced during the half-year .........

Numbcr of ind(mt.linc~d i~nmiarants retolxed from desertion

during thr half-year ....... '; .......................................

Sumber of indentured imnii~rants rcturncd from imprison-

ment doriug t l ~ r half-year ............................................

Kumber of indcntured immigrants transferred from the

other cstatcs by order of thc Gtrwrnmrnt Rcs.;idmt .........

Number of indenturcd im~nigrants returned from the

hosi1ita1, destitute asglun, almshouse, or lunnt,ic asylum,

during the half-year ..........................................

(Number of indcn~urcd

immiarants vhose tenns of service

h a ~ c

expired during the half-par, whether subsequently

re-indentured or othtmvise

......................................

l Number of indwlured iminigranta 35-ho hilvc deserted

d n r i n ~ the half-yew .................... .. .........................

Sumber of indentured iinnrign~nts mhu h:brc hcen iin-

prisonet1 during the half-year ..................... . . . . ...........

Number of indentured i~nmigrants transferred to other

estates by ordcr of the tiuvern~nont Rciiidcnt ................

X'nntbcr of indentured immigrants sent to the hospital, I dcstitntc xaylum, almahousc, or lunirlia asyluiu during 1 the half-year ..............................................................

Surnber of intlrXnturrd immigrants who have receircd ccr-

tificates of exemption from labor ..................... ....

...

I \'umber of indentured imnligmnhs who hare died during

C- the llitlf-ycar /%I ........................ .. ....................

'rot& ..............................................

Total number of immisraats remainm~ on the nlankrtion under

indenture .............................................................

Total number of immigracts absent froru the plantation, but

under indenture (c) ............................................................

Total number of immigrants under iudcntunc ........................

Number of immigrants not under indenture residing on the

plantntiun, iurluding $11 unindentured children. ...................

Total number of immigrants ..........................

-

~ ~ o t c. - [ a ) " Casual::" 8honld be incladed under t l ~ c heading Caloutt:~, 3Indras, &C., as it may be, accordillg to race.

ATotc.-(h) The number of indentured ilriniigrantv only should be included here. but in the Ertractsfrnm the X@strr of Births ond

Deaths all births and deaths should be et forth without exception, whether ~ I I O P ~ !	of indenturcd immigrants or those of unindentured
immigrants.

48 4 5 O & 46" VICTORIA, No. 240. -.

--- L

The Northern TerAtory Indian Inzmiyt ation Act.-1882.

Extract from Xegister of Births.

Description of Fat,her. Description of Mother.

Ship in which Ship in which Pear

Neine.	Country.	introduced	Country.	introduced,	of arrival
and numbcr.	and number.
---

Extract f?.om Register o f Deaths.

- - -

Ship in which

Name Age at time of

Sex. Country. introduced, and of Date of death. Cauw of death. Remarks.

of deceased death. name.

I l -- --

Nnte.-l. I n reporting the death of m y iiidentured immigrants, which (lid not take place on tllc plantation, a reinark should br clalyrnadc

showing where such immigrant died.

2. Any certificate of industrial service, or ten~pori~ry or provisional certificate in the possession of m y immigrimt at the time of dwth,

sl~onld be ~btitincd and forwarded with this return.

Xpec$cah'on of Indentured Imnzigrnnts i~z the EIospitnl, hes t ik te Asylzcna, Alnzshnuse, or Lunatic

Asylum, on 18 .

P -P-P-.-.----- -

h'ame Ship in which

sex. Country. Year of arrival. Datewhen +ent. Remarks.

of immlgrant. and number.

- - _ _ _ C _ - - -_ ---I -

- m -

l

,

\

l

-

Specz$cation o f Indentwed Immigrants cdsent by de8ertion on 18 .

Remarks.

----

49 45' & 46' VICTORIcE, No. 240. -

- -- - --

Z'he No~thern Territory Indian IWmigration Act-1862.

p

--

SpeciJicntion o f Inde?zttwed I7tam(yrrmts Absent by Inzprisonnzent on

Name Ship in mhich introdnced, Year of Date of ( Term for

so. of immigrant Sex. Country. nrkl nulnber. ~rrivttl. imprison- , which im- remark^.

imprisoned. ment. prisoned.

- --

1, , manager of plantation , do hereby solemnly declare

that, to the best of my knowledge and belief, the above return is in all respects true and correct.

Pln. Hanager.

day of 18 ,

- -

+- -

Adelaide : By authority, E. SPILLER, Government Printer, North-terrace.

0-240