676 



THE AGRICULTURAL JOURNAL. 



purposes of this Act the word " Master " 

 shall mean and include any body corpo- 

 rate, company, society, or individual. 



" Service," " Contract of Service," and 

 the like expressions shall l)e understood 

 in reference to the foregoing definitions. 



3. This Act is not to apply to natives 

 rendering service to a landlord in lieu of 

 rent, when such service is rendered upon 

 the farm on which the natives live, nor 

 in any other service performed on the 

 land on which they live. 



4. A pass granted to any native under 

 Law No. 48, 1S84, or under any Law or 

 Act for regulating the introduction of 

 labourers into Natal, shall be a sufficient 

 identification of this Act, for so long as 

 such pass remains in force. 



5. No native shall after the commence- 

 ment of this Act enter into a contract of 

 service, or offer himself for engagement 

 as a servant in this Colony, or (save as is 

 hereinafter excepted) continue in any 

 eraploj' as a servant, or be registered as a 

 togt labourer, or under Law No. 21, 18SS, 

 unless he shall have obtained the pass 

 provided for in this Act, and every person 

 intending to engage a native as a servant 

 shall first require the native to produce 

 his pass. 



Such pass is iu this Act referred to as 

 an identification pass. 



6. Any native who is in service at the 

 date of the commencement of this Act, or 

 who, during a term of service loses his 

 identification pass, may obtain a tem- 

 porary pass, as hereinafter described, from 

 the office of the Magistrate of the division 

 where he is employed. 



7. One of the officers attached to each 

 Magistrate's office in the Colony shall be 

 appointed by Government as a pass officer 

 for the purpose of signing and issuing 

 identification passes and temporary passes. 

 In liis absence, or if he be prevented from 

 attending, any other olficer of the depart- 

 ment may, with the Magistrate's written 

 approval, sign and issue such passes on 

 his behalf, 



8. The officer shall attend daily during 

 the ordinary office hours to receive appli- 

 cations for passes. 



9. For the purpose of obtaining an 

 identification pass a native shall attend 

 before the pass officer of the division in 

 which he resides, and shall furnish to the 

 pass officer the particulars necessary to be 

 entered in the register. 



10. Before granting an identification 

 pass or temporary pass the pass officer 

 shall in every case satisfy himself, so far 

 as the circumstances seem to require, that 

 the application is proper, and may in his 

 discretion withhold the issue of a pass 

 until he is satisfied that it ought to be 

 granted. In case of doubt, the officer may 

 require the native to be accompanied by 

 his kraal head, or by some accepted per- 

 son, to testify to his identity, and the 

 correctness of the information given. 



No such pass shall be granted if the pass 

 officer is satisfied that the applicant is 

 already under a contract of service. 



11. The pass officer shall not issue a 

 pass to any woman, or to any female child, 

 or to any male child appearing to him to 

 be under the age of fifteen years, without 

 the consent of the husband, parent, or 

 guardian, as the case may be. 



12. Identification passes, with their 

 counterfoils, shall be in the form of Sche- 

 dule A, printed on durable material and 

 bound in books. 



They shall be numbered consecutively 

 year by year, and the register thereof shall 

 be kept in such manner as may be pre- 

 scribed by the Secretary for Native 

 Affairs. 



Every native to whom an identification 

 pass is issued shall keep it always in his 

 possession and shall exhibit it whenever 

 called upon to do so by his master, or by 

 a police officer or constable. 



Every master employing a native ser- 

 vant, other than a registered togt labourer, 

 shall keep a labour book, in which he 

 shall copy the identification pass of every 

 native whom he may employ. 



The master shall on no pretext keep a 

 servant's identification pass, unless with 

 the consent of the na'ive. 



13. If any mister employs any native 

 servant without having required such 

 servant to produce his identification pass, 

 or without having coi)ied it in his labour 

 book, he shall not be entitled to sue or 

 prosecute such servant under the Masters 

 and Servants (Native) Act of 1894, or to 

 have any other remedy against such ser- 

 vant iu lespect of his contract or any 

 breach thereof. 



14. A temporary pass shall be in the 

 form. of Schedule B, and the period there- 

 of shall in no case exceed s x months, 

 but it may be renewed upon the pass 



