Aboriginal Orphans Act 1844 (SA)

ANNO SEPTIMO ET OCTAVO

By HiJ Excellency GEORGE GREY, Esquire, Governor and C'ommander-in-

Chief of Her Majesty's Province of Sonth Australia and its Dependencies,

and Vice-Admiral of the same, by umd with the advice and consent of the

LegisEative Coutacil.

AN ORDINANCE to provide for the Protection, Maintenance, and

Up-bringing of Orphans and other Destitute Children of the

Aborigines.

W HEREAS it frequently happens that half-caste and orphan Preambla. children of the Aborigines are left destitute and without pro-

per means of support, and it is expedient to provide for the protec- tion, maintenance, and up-bringing of such, as well as of other children of the Aborigines, whose parents or near kindred may be willing in that behalf:

having attained a suitable age, as an apprentice, until he shall attain the age of twenty-one years, to any master or mistress willing to receive such child in any suitable trade, business, or employment whatsoever, and every such binding shall be effectual in Law, to all intents and purposes, as if the child had been of full age, and had bound himself to be such apprentice: Yrovided that such two Justices, previously to executing such indenture, shall inform them- selves, as fully as they can, of the child's age, which age, shaU be inserted in such indenture, and shall thereupon, for the purposes of this proviaion, be taken to be the child's true age without further proof

Be it therefore Enacted, by His Excellency the Governor of South TWO Justices m y

Australia, with the advice and consent ot the Legislative Council bind any half-caste or other Aboriginal child

theleof, That it shall be lavful for any two Jnstices, with the consent as an apprentice.

of His Excellency the Governor and of either of the parents, if living

and within the Province, but if otherwise, then without such con- sent, on the application of the Protector of the Aborigines, to bind

by indenture and put out any half-caste or other Aboriginal child,

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proof: Provided also, that such Justices shall sec that in the inden- ture due and reasonable provision is made for the maintenance, clothing, and proper and humane treatment of any such ap-

11. And be it Enacted, That it shnll be lawful for any Justice, upon complaint by any such master and mistress, or by any such apprentice, or by the Protector of Aborigines, of misbehaviour by the apprentice on the one hand, or of ill-usage by the master on the other, to issue a summons or warrant to bring the party complained of before any two Justices, who may investigate the matter, and either dismiss such complaint, or punish the party complained of, if the master by fine not exceeding Ten Pounds or imprisonment, if the apprentice by imprisonment not exceeding in either case three months; and if it shall appear to such Justices that there is or has

been ill-usage by the. master, or incorrigible misconduct in the

apprentice, it shall be lawful for such Justices to make an order

cancelling and annulling the indentures.

nt or revo-	111. And be it Enacted, That in the event of the death of any such master or mistress, his or her executor or administrator may, with the approbation of the Governor, and on the recommendation
of the Protector of Aborigines, assign any such indenture for t l ~
residue of the term then unexpired therein, and any two Justices may, in case of such death, or upon the application of the master
or mistress, with the consent aforesaid, in case it shall appear to be
for the benefit of the apprentice so to do, assign any such indenture to any other person, or may absolutely cancel the indenture, in casc there shall be no such executor ur administrator: Provided that in every such case of assignment, the assignee sha,ll be as much bound to perform the several covenants of the indenture, as if he or she had been the master or mistress originally namcd therein.

Protector of A ~ O - IV. Provided always, and be it Enacted, That it shall be lawful house or premises, where he may be employed or reside, and ascer- tain whether the terms of the said indentures have been fulfilled; and he shall, from time to time, make such reports to the Colonial Secretary as may be required by order of the Governor, or as he may see to be necessary, regarding the treatment and attention paid to the moral or religious welfare of thc apprentice.

~ee8	vi"t and for the Protector of Aborigines, or such other officer as the
report.

appoint, to visit every such apprentice, and to enter the dwelling- Governor may from time to time, by Gazette notice in that behalf,

Protector of Abo-	V. And be it Enacted, That the Protector of the Aborigines of South Australia, shall, by virtue of his office, be the legal guardian of every half-caste and other unprotected Aboriginal child, whose
rigines to be guardian

arrnts arc dead or unknown, or either of whose parents may

p. agnify before a Magistrate his or her willingness in this behalf,

until such child shall attain the age of twenty-ono years; and the said Protector shall have and cxereise the same powers as any guardian of infauts lawfully appointed according to the order and course observed in England.

VI. And

VI. And be it Enacted, That this Ordinance shall commence and

take effect from and after the passing thcreof.

G. GREY,

Governor and Commander-in-Chief.

Passed the Legislative Council this Twenty-eighth

day of August, 1844.

W. L. O'HALLOBAN,

Clerk of Council.

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Adelaide: Printed by authority, by W. C. Cox, Government Printer, North Terrace.