, 1873-02-15
80.
- E g

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duty it viii then be tosae that the labourer is
perfectly aware of the obligations he undertakes.
AS regards immigrants, such a rule viii cores
pond with what is enacted on that head in the
Ordinance of 2nd October 1862 for their pro-
lection in the cases where they have made
a contract at the place of embarkation and it
will no.doubt partly save time and llbour, but
at all events avoid confusion, if the contracts
are completed at the Police-Ofioe, even in those
cases where the immigrant is imported for pub
he account and had therefore been before the
Immigration-C Commission. In order to main
tain uniformity it has from that consideration
been proposed, that also the ordinary or yearly
contracts with immigrants not bringing with
them contracts made at the place Of embarka-
ton. shall be made at the Police Office of the
District (the Ordinance of 1867 says in the
presence of the Superintendent of Immigration
or before a P~0licemaster) while the clause con
corning contracts for the End and 3rd year is
the same as in the oltmentioned Ordinance of
GAth August 1867. That clause, as it will be
remembered, stood il connection with the re-
payments prescribed in S 2 of the Ordinance of
18th May 1866, which, owing to their compli-
Gated nature or perhaps rather the complicated
method by which they were to be carried out,
have hitherto never been enforced, but which
must at some time or other be done, as other
wise the party first Introducing q labourer
would be so uufavorably situated, that he may
be deferred from importing labourers. The OPP
portunity here opened to make Contracts for
3 years duration at a time, will to a very great
extent remove the difficulties in that respect.
nd 3.
It IS proposed that the right of annulling a
contract in the course of a year for which it was
to last, shall be made dependent on the same
conditions as hitherto, that they can only be
annulled by mutual agreement, by sentence
Of a Court, or in consequence CT marriage CON
tracted in the course of the year.
4. The provision, that contracts cannot with
out the cognizance of the Magistrate be dissol-
we'd in the course of the year, has in the opin-
ion Of the Majority (tho entire Commission with
exception of Sarauw) proved to be a very effec-
tive protection to the Iabouror against arbitrary
expulsion from his service La the run of time
it has, however, become thejpractico that in cases
where a contract is to be dissolved, only the
labourer meets at the Police Office, while the
employer merely informs the PoIicemaster in
writing, that himself and the Iabourer in ques-
ton dissolve their contract "by mutual agree
meat )" and it may be that this method, where
BY the Manager avoids having to leave his es-
tate-duties, suits the purpose just as we'll, since
the P%olicemaster has ample opportunity to con-
vince himself by questioning the labourer, las to
whether he really does voluntarily desire to re-
move from the Estate, or TO see the labourerjusti-
fed if it should show itself that the employer is
taking an advantage of him,-a thing Of no rare
occurrence hitherto. To leave it to the labourer
himself when he considers himself wronged to
seek rogress before the Courts of Justice, as
proposed by a Member of the Commission
(Sarauw), would not be afOrding the labourer
sufic ient protection; for most generally his
complaint would be nothing more or less than
that he had been weak enough to consent to his
expulsion. However hard it may be to the la
bourer to leave the estate before the time. as
perhaps he may have there a fruit tree that is
just Towering or a promising provision ground,
still he will in most oases,-so refractory and
hasty are those people-not hesitate to accept
his pass with a every Well" and leave his
only protection lies in the prescription that in
order to constitute a legal consent to removal,
the fact must be recorded at the Police Office.
The new Regulations ought to be SO framed, that
they may be accurately enforced and observed
in all their provisions and clauses; but if the
wording of the clause were to remain as in the
existing Regulation, it would in future /neces-
state the appearance at the Police Office of
the employer too, either in person or by proxy;
and to that objections has been made also by
Members of this Commission, owing to the loss
Of time it would occasion; therefore another
wording of that clause is here proposed, by the