페이지 이미지
PDF
ePub

II. That no written contract of service shall be valid, or binding No. 1. upon the parties thereto, or be of any force or effect whatsoever, Act 3 Vic. unless it shall be signed with the name, or, in case of illiterate c. 1. persons, with the mark, of each of the contracting parties, in the presence of a Stipendiary Justice of the Peace, nor unless such Stipendiary Justice shall subscribe such written contract, in attestation of the fact, that it was entered into by the parties voluntarily, and with a clear understanding of its meaning and effect.

III. That such written contracts, as aforesaid, shall not be bind- Duration of ing or valid, for any greater or longer period than one year from Contracts. their respective dates. And that every such written contract shall expire at the close of the time of service therein stipulated for, without any notice on either side being given.

IV. That every such written contract, as aforesaid, shall specify, Nature of emas accurately as may be, the general nature of the employment in ployment, &c., which the servant is to be engaged ; and when any such contract in a

ou in Contract. is for work to be performed, not by the piece, but by time, it shall also, in like manner, specify the number of hours of daily labour, and the hours of the day at which such labour is to commence, to be suspended, to recommence, and to terminate ; and in cases in which the remuneration, or any part of it, is to be made, not in money but in kind, every such contract, as aforesaid, shall specify, with all practicable precision, the nature, amount, and quality of the articles to be supplied to the servant, and the time when, and the place or places at which such articles are to be delivered.

V. That it shall not be lawful to pay the wages of any servant Mode of payin kind when the same has been contracted to be paid in money ; ment specified nor to pay such wages in money when contracted to be paid in not to be kind ; nor to pay the same in any other than the stipulated kind,

charged. except by and with the express consent of the servant.

VI. That all contracts for service shall be drawn up as nearly as Form of Conpossible in the following terms, namely: Be it remembered, that tract. on this day of

in the year of our Lord A. B., of

and C. O., of appeared before me, E. F., a Stipendiary Justice of the Turks and Caicos Islands, and in my presence signed their names, or marks (as the case may be), to the following contract of service. The said A. B. agrees to hire the services of the said C. D., and the said C. D. agrees to render to the said A. B. his services in the capacity of a

for

c alendar months, commencing
on the
day of

instant, and terminating on the
day of
in the year

. And it is further agreed between the said parties that the said C. D. shall be employed in (field labour), or as a (household servant), or as (a boatman) as the case may be, and that the hours of labour of the said C. D. shall not be more than

daily, commencing at the hour of and terminating at the hour of , with (one hour) or (as the case may be,) for breakfast, at

of the clock, and (one hour) or (as the case may be,) for dinner, at

of the clock daily. And it is further agreed, that the said A. B. shall pay to the said C. D., as such servant, as aforesaid, wages at and after the rate of , by the (day, week, month, or year, as the case may be). And that such wages shall be paid on the

day of each (week or month, as the case may be).

c. 1.

No.1. And it is further agreed, that the services of the said C. D. shall be Act 3 Vic. partly or wholly (as the case may be) remunerated by the delivery

to the said C. D. of the various articles and allowances specified in
the list hereunto subjoined, which shall be of such amount and
qualities as are specified in the said list, so far as such specification
is possible (here add any special engagement, compatible with the
law, and not adverted to in this form).
(Signed)

A. B.

C. D. The preceding agreement was signed by the above-named parties in my presence, on the day and year above written, voluntarily, the same being, as far as I am able to judge, fully understood by them respectively.

(Signed) : E. F., Stipendiary Justice. Parents may

VII. That it shall and may be lawful for the father, or in case apprentice of a fatherless child, the mother, or in case of total orphanage, the children above guardian or guardians of any child above the age of ten years, and 10 and under

under the age of sixteen years, to apprentice out such child to any 16.

trade in the practice of which any peculiar art or skill is required, Proviso.

for any term not exceeding five years : Provided always, That it shall not be lawful to apprentice out such child as a labourer in husbandry or in the manufacture of colonial produce ; any law,

usage, or custom to the contrary notwithstanding. Persons of 16 VIII. That it shall and may be lawful for any person of the full and upwards may bind

age of sixteen years or upwards, to apprentice himself or herself themselves.

out for any term not exceeding five years, to any trade, in the pracProviso.

tice of which any peculiar art or skill is required : Provided however, that nothing herein contained shall authorize, or be construed to authorize, an apprenticeship of any kind, or under any circumstances, of persons as labourers in husbandry, or in the manufacture of colonial produce ; but all engagement of service for such works shall be made in pursuance of, and in accordance with, the first, second, third, fourth, fifth, and sixth sections of this Act, and not

otherwise. The law of IX. That the law of England relative to apprentices, shall, as England as to far as may be practicable, be applied to cases of apprenticeship in

tices how these islands, with this exception, that the powers for enforcing or applicable.

dissolving contracts of apprenticeship, and for authorizing the making of such contracts, which in England are vested in Justices of the Peace, shall, within these islands, be vested in and exercised

by the special Stipendiary Justices of the Colony. Jurisdiction of X. That the Stipendiary Justices of the Colony shall have an Stipendiary exclusive jurisdiction for the enforcement of all contracts of service, Justices.

and for imposing of all penalties for the breach, neglect, or nonperformance thereof, which jurisdiction shall be exercised by them

in a summary manner. Governor to XI. That for insuring regularity and method in the exercise by have prepared the said Stipendiary Justices, of the summary jurisdiction vested in forms of proceedings.

them by this Act, it shall and may be lawful for the President to cause to be prepared forms of proceedings, to be observed on lodging complaints; in issuing summonses ; in the citation of witnesses; in the pronouncing awards or sentences; in issuing warrants or orders for the execution of such awards or sentences; and

generally, for the complete carrying out of the powers of the

be Stipendiary Justices into execution ; which forms shall be subsubmitted.

mitted to the Chief Justice of the Colony, or the presiding Judge

[ocr errors]

To whom to be

[ocr errors]

ervants,

for the time being, of the Supreme Court of the Colony; and being approved of by such Chief Justice or other presiding Judge, the

No.1. same shall be observed in all proceedings before such Stipendiary

Act 3 Vic. Justices, subject, nevertheless, to be revised, repealed, or amended, by the authority, and in the manner aforesaid, as occasion may require.

XII. That no sentence, award, or order made by any Stipendiary Subject to Justice in the execution of the jurisdiction so vested in him, shall revision. be liable to be reversed, set aside, appealed from, or questioned by any Court of Justice whatsoever, except on the ground of an unlawful assumption of power, or other illegality on the part of such Stipendiary Justice; but the same when consistent with law, shall to all intents and purposes be binding, final, and conclusive.

XIII. That for all acts done by any Stipendiary Justice of the Special Justices Peace, in the exercise of the jurisdiction vested in him by this Act, to have legal such Justice shall have, and be entitled to the same protection, protection, &c. privileges, and indemnity as by the several laws now in force in the colony, any other Justice of the Peace is entitled to claim or have, in respect of any act by him done, in execution of the powers vested by law in him.

XIV. That on complaint preferred and proof made before any Penalties for Stipendiary Justice, that any servant has neglected to perform his negligence, &c., stipulated work, or that he has performed such work negligently or of se improperly, or that by negligence or other improper conduct he has injured the property of his master, intrusted to his care, it shall and may be lawful for such Stipendiary Justice, in his discretion, to adjudge the servant so offending, to any one or more of the following penalties, that is to say: To pay to his master any sum of money, not exceeding the amount or value of one month's wages, to be paid in such time and manner as the said Stipendiary Justice shall direct, or to commit such servant to some lawful prison, there to remain with or without hard labour, for any term not exceeding fourteen days, or to cancel and dissolve the contract of service.

XV. That on complaint preferred, and proof made, by a servant Masters not before any Stipendiary Justice of the Peace, that his master has not faithfully perpaid such servant's wages, or delivered to him the articles stipu

in forming con

tract, how pulated for, or that the articles so delivered were not of the pre- dealt with. scribed amount and quality; or that by the negligence or other improper conduct of the master the contract of service has not been faithfully performed ; or that the master has ill-used such servant, it shall and may be lawful for such Stipendiary Justice to make an order for the payment of the wages in arrear, or for the delivery of the stipulated articles, or for compensation, (not exceeding the amount or value of one month's wages,) to be made to the servant for any injury by him sustained, from such negligence, or improper conduct of the master, or by his non-fulfilment of the contract, or by his ill-usage of such servant. *

XVI. That if any such order as last aforesaid, be not complied Masters not with, according to the exigency and tenor thereof, it shall and may making the be lawful for the Justice making the same to issue a warrant for a warded, how

compensation the seizure and sale of the goods and chattels of the offender, to the dealt with.

* So much of this section as limits the amount of compensation, is repealed by 1st section 3 Vic, c. 36.

No. 1. amount necessary for making the compensation awarded by such Act 3 Vic. order: and if no goods and chattels, or not sufficient goods and c. 1. chattels can be found, it shall and may be lawful for such Justice,

on such fact being made to appear to his satisfaction, to issue his further or other warrant for the arrest of such master, and for his committal to prison, for any term not exceeding fourteen days,*

unless full compensation be sooner made. Contract may XVII. That in addition to or substitution of any of the punishbe cancelled. ments next hereinbefore mentioned, it shall and may be lawful in

any of the cases aforesaid, for the Stipendiary Justice before whom any such master shall be convicted as aforesaid, to order the contract of service to be cancelled ; and such contract shall from the

making of such order as last aforesaid, be utterly null and void. Disputes as to XVIII. That if any question shall arise between a master and meaning of

servant respecting the meaning of their contract, or the rights of contract, how

either party under the same; or the obligation, or obligations, imdecided.

posed on either party thereby, it shall and may be lawful for any Stipendiary Justice of the Peace, on the application of either party, to arbitrate between them; and his award on all such questions so

brought before him shall be conclusive without appeal. Provisions to XIX. That nothing herein contained shall prevent, or be conthe foregoing strued to prevent, any proceedings before the ordinary tribunals of clause.

the colony against any master for ill-usage of a servant, or against any servant for ill-usage of a master, if the Stipendiary Justice of the Peace before whom the complaint shall be lodged, shall decline to entertain the same, and shall deem fit to refer it to the ordinary course of law : Provided always, That whenever any Stipendiary Justice shall so decline to entertain any such complaint, as aforesaid, he shall, without delay, make a report to the President of the circumstances of such complaint, and the cause or causes which induced him to decline to entertain the same; and it shall be lawful for the President, if he shall deem it expedient, to direct such Stipendiary Justice to re-hear such complaint, and to adjudicate thereon under this Act.

XX. That every Stipendiary Justice of the Peace shall hold his office during Her Majesty's pleasure, and shall be liable to be suspended therefrom by the President, until Her Majesty's pleasure

be made known. Duties of Spe

XXI. That every such Stipendiary Justice shall act for such cial Justices.

district or districts as shall from time to time be assigned to him for that purpose by the President; to the lawful commands of whom every such Justice shall, in all things relating to the duties of his office, be obedient; and every such Justice shall be bound to make to the President, such general or special reports of his proceedings, in the discharge of the duties of his office, as the said

President, shall, from time to time, require of him. Petty Sessions, XXII. That the Stipendiary Justices of the colony shall, from how to be

time to time, as occasion may appear to them to require, or when formed by Sti

they shall be so directed by the President, meet together in petty pendiary Justices.

sessions; at which sessions not less than two such Justices shall ever be present; and it shall be lawful for such Justices, in petty sessions assembled, to associate with them one General Justice of the Peace, and no more; and such Stipendiary Justices, and Gene

* Extended by 2nd section 3 Vic. c. 36, to any term not exceeding thirty days.

ral Justice, or the majority of them, may, in such petty sessions No. 1. assembled, exercise any of the powers hereby vested in the Stipen- Act 3 Vic. diary Justices separately : Provided, however, that no such petty c. 1. sessions be convened unless by the previous sanction of the

Proviso. President, which sanction may be given either for holding such sessions periodically, at such times and places to be appointed by him, or for holding the same for any special occasion at any particular time and place.

XXIII. That all constables and other peace officers, respect- Duties of Conively, shall obey and carry into execution all lawful orders and stables. warrants of such Stipendiary Justices, or any of them, or of any such petty sessions, as aforesaid, under a penalty of not exceeding Five pounds for every refusal or neglect, to be recovered in a summary way before any Stipendiary Justice as aforesaid.

XXIV. That all that Act or Statute of the Imperial Parliament, Act of Parl. of Great Britain and Ireland, made and passed in the sixth year of 6 G. 4, c. 129, the reign of His late Majesty, King George the Fourth, entitled, extended to

this Colony. “An Act to repeal the Laws relative to Combination of Workmen, and to make other provisions in lieu thereof," shall be, and the same is hereby declared to be in force within this colony, and the same shall be applied in the administration of the law therein, so far as, from local circumstances, it may be practicable to apply the same : Provided nevertheless, That the powers thereby vested in the Proviso. Justice of the Peace in England, shall be in this colony vested in the said Stipendiary Justice; the power thereby vested in any Court of General or Quarter Sessions, shall be vested in the said before-mentioned Court of Petit Sessions ; and the power thereby vested in Her Majesty's superior Courts at Westminster, shall, in these islands, be vested in the superior Courts of civil and criminal justice thereof; and for the better adaptation of the said Act of Parliament to the local circumstances aforesaid, such analogous forms of proceeding shall be prescribed in manner aforesaid, by the President, with the sanction of the Chief Justice or other Judge, as aforesaid.

XXV. That for the purposes, and within the meaning of this Meaning of Act, the officer lawfully administering the government of this words used in colony, for the time being, shall be deemed and taken to be the this Act,President thereof; and that for the purposes, and within the meaning aforesaid, the word “ Servant” shall be construed and under- “Servant." stood to comprise any person employed for hire, wages, or other remuneration, to perform any handicraft or other bodily labour, in agriculture, or manufactures, or in domestic service, or as a boatman, porter, or other occupation, in which the emancipated population of these islands, or any of them, were usually employed while in a state of slavery, or as apprenticed labourers; and that for the purposes, and within the meaning aforesaid, the word “ Master” shall be construed and understood to comprise any « Master.” person, whether male or female, employing for hire, wages, or other remuneration, any person falling within the before-mentioned description of a “ Servant;" and that for the purposes, and within the meaning aforesaid, the words “Contract of Service,” shall be “Contract of construed and understood to comprise any agreement, whether Service." oral or written, whether express or implied, and which any person, falling within the before-mentioned description of the word“ Servant," shall enter into with any other person or persons, for the

« 이전계속 »