, 1873-03-15

In conclusion, the undersigned will now add
a couple of general remarks. The draft as it
now presents itself appears to him as an artif.
cial and unnatural structure. It would have
been natural to give detailed rules concerning
the duration Of the labour- contract, about the
working hours, about the manner in which the
work should be executed, and about the pay
ment for the same, and so forth this we are
now accustomed to, but at the same time the
ordinance ought to contain a paragraph in which
should be stated that these regulations shall not
prevent the parties from agreeing about the
work and the payment for the same according
to other rules than those laid down in the or
dinance, and that the Courts shall decide dis
putes between the employer and the Iabourer
according to the rules in the ordinance, unless
the special contract contains deviations from the
same. This would have rendered unnecessary
many of the contemplated details and simplifed
the decision of cases by the Court. Should the
draft emanate as law, it will soon become evil
dent that this law, Notwithstanding all the care
that has been bestowed on it in order to meet
all questions, will be insufficient, that it can not
and consequently a0!U not be kept in force,
1t has apparently been q matter Of doubt
whether it has been the idea, that the Lab0ur-
Regulations Of I849 were also to be applicable
IN reference 10 INC SO-CdlICQ OJOCh-ISJdl6S, III
so far as the enactments therein were available
at all on them. They have, in fact, been OBJ
served or not observed, according to pleasure,
and the Policemasters have in cases of dispute
followed them whenever it would possibly be
done but any real viligance in seeing them
carried out, has not been exercised Labourers
have in the rule been employed on those Estates
by yearly contracts, and in connection there
with the annual time. of giving notice has been
observed. In reference to the wages, the pre-.
scribed daily rate of wages has no doubt been
given on such properties that could really be
styled Stock Estates, namely those chiefly used
for raising cattle and where as a consequence
the labOurers are almost exclusively employed
as pasturemen etc. but on other properties
where other occupatiOnsform the main IesOurces,
such as the sale of grass, milk, wood and coal,
there considerable difference have PREVAILED
for instance, the cutting of a certain number of
bundles of wood has been remunerated with q
certain amount, most generally the prescribed
daily wages. 'HOuse-rOOm the labOuFers have
generally been given on the Estates, but instead
of Provisiongrounds, the labourers preferred
other privileges, for instance, permission to
burn for themselves certain quantities of coal.
For working days and working hours no other
rules have scarcely been observed than such
which the nature of the work called for and
they have consequently varied according to the
several occupations.
The Commission has in its proposals chiefly
confined itself to a view to the Sugar-Estates.
A clause purporting that the Labour- Regula-
tions, in so far as the enactments therein are
applicable on Stock, Estates, shall also be law
for this latter class of properties, does not APP
pear to us to be advisable, as that would be Civ
ing rise to perpetual enquiries as to whether a
particular enactment ranges among those that
are made applicable, and because there does
not appear to be sufficient reason to make the
Regulations binding for those properties. And
we have the same objection against entering a
clause containing a general reference to
the Vagrancy Act, with similar limits. This
relation appears on the whole not suited to be
the subject Of binding regulations, and we
scarcely think there could be given other rules
in this respect than:
l, in case yearly contracts are made, the
general term for notice to dissolve the
contracts shall be observed, and
2, where no other agreement exists, the
daily wages stipulated in the Labour- Re-
g~ulations shall be presumed to be those
agreed on.
st. Croix, the 23rd February 1879.
PHI. ROSENSTAND, Chairman.
F. B. Du BOTS. FORSBERG.
F. COULTER. G. ELLIOTT.
@. SARAUW. ROBT. SKEOCK.