The Imported Labor Registry Act, 1884 that such contract shall be in writing and shall contain all the terms and stipulations of the original contract as hereinbefore provided for, excepting only the stipulation as to the return of the laborer to the port of his shipment at the expense of the employer, which may be omitted from such subsequent contract; and provided that such subsequent contract shall be explained to the laborer and signed or marked by the employer and laborer in the presence of a disinterested witness : Provided also that a copy of every such new or subsequent contract shall be forwarded by the employer to the Magistrate of the district within which such contract is made within three months from the making thereof to be by the said Magistrate filed and dealt with as aforesaid, and any employer omitting to forward a copy of such a contract as aforesaid shall be liable, upon conviction, to a penalty for every such offence not exceeding Five pounds. 17. Every person who shall employ any laborer within two years of the arrival of such laborer in the Colony, without having first entered into a valid contract under this Act with such laborer, shall be liable to a penalty of not less than Five pounds, and not more than Twenty pounds, for every laborer so employed, and every contract with a laborer after the commencement of this Act, not duly made according to this Act within the aforesaid time, shall be null and void. Provided that every contract between an employer and laborer existing at the time of the passing of this Act, which shall have been duly entered into before and approved in writing by a British authority or by any authority of an European Government of the country where such contract shall have been made, shall be considered as valid under this Act, notwithstanding that such contract shall not have been made in accordance with all the provisions of The Imported Labor Registry Act, 1882,' if such contract shall be in other respects valid. Masters and Servants Acts 18. All contracts under this Act are to be subject to the provisions Contracts to be of an Act, passed in the Sixth year of Her Majesty, No. 5, intituled subject to the An Act to provide a summary remedy in certain cases of Breach of Contract,' and of The Masters and Servants Amendment Ordinance, 1868,' and of The Masters and Servants Amendment Act, 1882.' And upon conviction of any laborer, or upon order made against any employer, under the provisions of the first mentioned Act, it shall be lawful for the convicting Magistrate, Justice or Justices to rescind the contract with such laborer; and such Magistrate, Justice or Justices shall forthwith cause a note of such rescission to be transmitted to the Magistrate having custody of the book in which the said contract is registered, who shall cause a note of such rescission, with the date thereof, to be entered therein. Provided that no such contract shall be rescinded as aforesaid, unless with the consent of the non-offending party. 19. The employer for the time being of any laborer within the Production of Colony, whenever requested thereto by any officer of Customs or of Police, or other officer, having and producing a written authority signed by a Magistrate or Justice of the Peace, and authorising such officer to make the above request, shall at the place of occupation of such laborer produce such laborer to such officer, or to the said Magistrate or Justice, at all reasonable times. If any employer shall fail to produce a laborer when requested as aforesaid, he shall be liable to a penalty of not less than Two pounds and not exceeding Ten pounds laborer when required Offences summarily punishable Forgery of con certificates The Imported Labor Registry Act, 1884 for every such default, unless he shall prove, to the satisfaction of the 20. All offences under this Act made punishable by any penalty, shall be summarily punishable upon conviction before a Magistrate or a Justice or Justices of the Peace according to the provisions of the Acts in that behalf. 21. Every person who shall forge, or alter, or who shall produce or tracts or medical make use of knowing the same to be forged or altered, with intent to defraud, any contract or medical certificate as aforesaid, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding five nor less than three years, or to be imprisoned with or without hard labour for any term not exceeding two years. Appeal from summary convictions and orders Certain sections incorporated 22. If any person shall feel himself aggrieved by any conviction or order of a Magistrate, Justice or Justices under this Act, such person may appeal from such conviction or order to the Supreme Court. Provided, always, that it shall be a condition precedent to the right of appeal that notice of such appeal shall be given to such Magistrate, Justice or Justices within three weeks after such conviction or order,. and that the appellant shall within the same time give security for the payment of the costs of such appeal in the event of the appeal being unsuccessful, in such a sum as to the said Magistrate, Justice or Justices may seem meet, and that such appeal shall be entered for hearing within three months after such conviction or order; and upon such notice and security being given all proceedings upon such conviction or order shall be stayed until the hearing of the appeal, and the appellant, if in custody, shall be liberated upon recognizance, with or without surety or sureties, and in such sum as to the convicting Magistrate, Justice or Justices may seem meet conditional for his appearance before the same Magistrate, Justice or Justices, or some other Magistrate, Justice or Justices sitting at the place where such conviction or order was made, within ten days after the judgment of the Supreme Court upon such appeal shall have been given, to abide such judgment, unless the conviction or order appealed against be reversed. 23. Sections A, E, G, and H of 'The Shortening Ordinance, 1853,* of love. No. 11, shall be incorporated with and taken to form part of this Act, to all intents and purposes, and in as full and ample a manner, as if the said sections had been introduced and fully set forth in this Act. Application of 24. The provisions of this Act shall not apply to any laborer who shall be employed in any vessel which shall merely pass through the waters of the territorial dominion of Western Australia, or touch at. any port or place within the same, in the course of a voyage from or to parts beyond the said dominion, nor to any laborer employed as a seaman on any colonial ship or vessel engaged in the coasting trade of the Colony within the meaning of the Acts in that behalf. Save as aforesaid, this Act shall apply to all laborers employed within any part of the territorial dominions of the Colony. F. NAPIER BROOME, GOVERNOR. The Imported Labor Registry Act, 1884 SCHEDULE FORM A Date per ship of the of the second part. per Memorandum of Agreement made this day between A.B. of first part, and C., a native of The conditions are that the said C. engages to serve the said A.B. as a and otherwise to make himself generally useful to the said A.B. within the Colony of Western Australia for the term of and also to obey all the lawful and reasonable commands of the said A.B. or of the said A.B.'s overseer or authorised agent during the said period, in consideration of which services the said A.B. doth hereby agree to pay to the said C. wages at the rate of £ annum, to be paid in money at the end of and to provide him with daily rations which shall be substantial, sufficient, and suitable for him, and with fit and proper lodging during the said term, and to defray the expense of the conveyance of the said C. to the place at which he is to be employed [*and to provide the said C. with a free passage to at the expiration of the said term of ]. Medical attendance shall be provided by the employer at his expense, when necessary and practicable, unless the illness of the laborer shall have been caused by his own improper act or fault. In witness whereof they have affixed their signatures (or marks) to this document. The above agreement was explained to the said C. in my presence, and was signed before me by the within mentioned A.B. and C., with their names (or marks) day of at the 188 (Signed) *The words in brackets may be omitted in the case of every first contract bearing the approval in writing of any British authority or of any authority of an European Government of the country where the contract has been made, provided that such European Government shall have been designated by the Governor in a notice published in the Government Gazette,' and in the case of every contract subsequent to the first contract made by any laborer. FORM B List of persons on board the Vessel (Name of Ship) whereof is Master (Name of Master) having on board at (Name of Place), in Western Australia, the following persons, apparently natives of India, China, Africa, or of the Islands in the Indian or Pacific Oceans, or of the Malayan Archipelago, and imported into the Colony as laborers or servants. NOTE.-No person to be landed until a List and a Medical Certificate for each pers have been given to the Officer of Customs or Police, or other Officer authorised in that behalf, under a penalty of from £2 to £20 for every person so landed. Penalties will also be inflicted if a list false in any particular be given. The Imported Labor Registry Act, 1884 FORM C Medical Certificate I hereby certify that I have this day examined (name of the laborer examined) being of the apparent age of years, and that I find him to be free from disease and of a sound constitution. Signed (name and medical qualification or title of examining officer). Place of examination 3 Short title Governor to raise £525,000 for public works Loan to be charged upon the general revenues WESTERN AUSTRALIA ANNO QUADRAGESIMO OCTAVO VICTORIÆ REGINE No. 26 An Act for raising the sum of Five Hundred and Twentyfive Thousand Pounds by Loan for the construction of certain Public Works. [Reserved 13th September, 1884. [Royal Assent proclaimed 20th May, 1885. WHEREAS is THEREAS it is expedient to construct certain Public Works, at an estimated cost of upwards of Five Hundred Thousand Pounds: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This Act may be cited for all purposes as 'The Loan Act, 1884.' 2. It shall be lawful for the Governor of Western Australia to raise, by the sale of Debentures or of Inscribed Stock, or partly by the sale of the one and partly by the sale of the other, under the provisions of The General Loan and Inscribed Stock Act, 1884,' any sum or sums not exceeding in the whole Five Hundred and Twenty-five Thousand Pounds sterling, to be expended on the construction of the Public Works and in the manner mentioned and enumerated in the Schedule to this Act. 3. The principal moneys and interest raised and secured by the Debentures or Inscribed Stock issued as aforesaid are hereby charged upon and shall be payable out of the general revenues and assets of the Government of Western Australia, and shall constitute a charge thereon, to rank next after the charges imposed thereon by The Public Works Loan Act, 1872,' and 'The Public Works Loan Act, 1878,' and The Railway Supplementary Loan Act, 1875,' and 'The The Loan Act, 1884 Loan Act, 1878,' and 'The Loan Act, 1878, Amendment Act, 1879,' and 'The Loan Act, 1881,' and 'The Loan Act, 1882.' 4. The contributions to the sinking fund, as contemplated in The sinking sections 10 and 24 of the said 'General Loan and Inscribed Stock fund Act, 1884,' for the repayment of the amount authorised to be borrowed, shall commence four years from the date of the first issue of the Debentures or Inscribed Stock to be created under this Act. F. NAPIER BROOME, GOVERNOR. |