Apprenticeship Act 1834 No 8a (NSW)

No. III.

An Act for apprenticing the Children of the Male and Female Orphan Schools and other Poor Children in the Colony of New South South Wales. [4th July, 1834.]

WH E R E A S Orphans wi th in th i s Colony and of other chi ldren admi t t ed

t h e Schools for t h e Educa t ion of Ma le and Female

the re in are now main ta ined and suppor ted by H i s Majesty 's Government a t t h e publ ic expense and it would be expedient and beneficial as well for t h e Chi ldren of t he said Schools as for all such o ther Poor Chi ldren as shal l from t ime to t ime be sent out from any p a r t of t h e Uni t ed K i n g d o m to th is Colony a t t h e expense of H i s Majesty 's Government or of Par i shes or Char i table Ins t i t u t ions to be established and provided for in the said Colony as should seem most for the i r benefit and fu ture advan tage t h a t H i s Excel lency t h e Governor of t he said Colony shal l have t he power a n d au thor i ty to cause all such Children as aforesaid to be p u t out as Apprent ices at fit and proper ages respectively to such Mas te r s or Mistresses and such Trades as to t h e said Governor should seem proper Be i t therefore enacted by H i s Excel lency the Governor

of N e w South W a l e s wi th t he advice of t h e Legislat ive Council thereof T h a t from and after t he pass ing of th i s Ac t i t shal l a n d m a y be lawful for t h e Governor of t h e said Colony from t ime to t ime by any wr i t ing duly signed by h i m to author ize and empower any two or more fit and proper persons to b ind any of t h e male or female chi ldren admi t ted in t he said Orphan Schools and also all such o ther poor chi ldren as shall from t ime to t ime be sent out from any p a r t of t h e U n i t e d K i n g d o m to th is Colony at the expense of H i s Majesty 's Governmen t or of Par i shes or Char i table Ins t i t u t ions to be established and provided for as hereinbefore s tated when they shall have respec­ t ively arr ived a t fit and proper ages to be apprentices to such mas te r s or mistresses and such t rades as shall be approved of by H i s Excellency t h e Governor such male child un t i l he shal l come to t h e age of twenty- one years and such female child un t i l she shall come to t he age of twenty-one years or t he t ime of her mar r i age as hereafter ment ioned and such b ind ing shall be as effectual to all in ten t s and purposes as if every such child were of full age and by inden tu re of covenant h a d hound h i m or herself Provided however t h a t in case any such female apprent ice shal l previous to t h e expirat ion of her said apprent iceship m a r r y wi th t h e consent and approbat ion of t he Governor of t h e said Colony then her apprent iceship shall cease and determine.

2. A n d be i t fur ther enacted Tha t when any such child shall be appointed to be bound apprent ice p u r s u a n t to th i s Ac t or Ordinance indentures of apprent iceship shall be executed by t h e persons autho­ rized and appointed by the Governor for t h a t purpose as aforesaid of t h e one p a r t and by t h e mas te r or mistress to w h o m such child shall be appointed to be bound apprent ice as aforesaid on t h e other pa r t and shall conta in a covenant on t he p a r t and behalf of such mas te r or mistress t h a t du r ing the said t e r m of apprent iceship t he said mas te r or mist ress shall and will provide such apprent ice wi th sufficient and suitable food c lothing and bedding and t h a t such apprent ice shall a t t end Divine Service when pract icable a t least once on every Sunday and shall have pa r t i cu la r a t t en t ion paid to his or her mora ls and also t h a t such mas te r or mistress shall pay in to the Savings ' B a n k of t h e said Colony in t he n a m e of such apprentice t he

t h e year ly sum of two pounds if a male and th i r t y shil l ings if a female for each and every year dur ing the last th ree years of t h e said apprent iceship when t h e t ime of such apprent iceship shall lie for t h e t e r m of seven years or upwards to he paid to h im or her wi th t h e interest thereof a t t he expira t ion of his or her apprent ice­ ship and such inden tu res shall also contain such o ther covenants and provisoes as are usual ly inser ted in t he inden tures of par ish

apprent ices in Eng land .

3. A n d he it fur ther enacted Tha t it shall and m a y he lawful for any mas te r or mist ress of such apprent ice as aforesaid by indorse­ m e n t on t h e inden tu re of apprent iceship or by any other i n s t r u m e n t

in wr i t ing by a n d wi th t h e consent of two Jus t i ces of t he Peace of the

said Colony u n d e r the i r h a n d s to assign such apprent ice to any lit and proper person who is wil l ing to t ake such apprent ice for t he residue of t h e t e r m ment ioned in such i nden tu r e of apprent iceship Provided always t h a t such person to w h o m such apprent ice is in tended to be assigned shall a t t he same t ime by indorsement
on t h e coun te rpar t of such inden tu re or by wr i t ing under his or her

h a n d s ta t ing t h e said inden tu re of apprent iceship and the indorsement and consent aforesaid declare his or her acceptance of such apprentice; and acknowledge himself or herself and his or her executors and admin is t ra to rs to be bound by t h e agreements and covenants men­ t ioned on t h e pa r t of t he said mas te r or mist ress of such apprent ice to be done and performed and in such case such apprent ice shall be deemed and t aken to be t h e apprent ice of such subsequent mas te r or mist ress to whom such ass ignment shall be made to all in tents and

purposes whatsoever .

4. A n d be it fur ther enacted T h a t i t shall not be lawful for any such person or persons to w h o m such child or chi ldren shall be apprent iced or assigned as aforesaid to p u t away or t ransfer any such apprent ice to another or in any way discharge or dismiss from his or her service any such apprent ice w i thou t such consent as aforesaid under the pena l ty of t en pounds .

5. A n d be i t fur ther enacted Tha t i t shall and may be lawful

to and for any one or more Jus t i ce or Jus t ices of t he Peace of the said Colony upon any complaint or appl icat ion by or on behalf of any such apprent ice as aforesaid touch ing or concerning any misusage refusal of necessary provisions c lo th ing or bedding cruel ty or other i l l - t rea tment of or toward such apprent ice by his or her mas te r or mistress to s u m m o n such mas te r or mist ress to appear before such Jus t i ce or

Jus t i ces a t a reasonable t ime to be n a m e d in such summons and such

Jus t i ce or Jus t i ces shall and may hear and determine t he m a t t e r of such complaint and upon proof of any such i l l - t reatment as afore­ said duly m a d e upon oa th to his or the i r satisfaction (whether t he mas te r or mistress be present or not if t h e service of such s u m m o n s shal l also be proved upon oath) t he said Jus t i ce or Jus t ices may impose any reasonable fine or fines not exceeding t h e s u m of t en pounds upon

such mas te r or mis t ress as a p u n i s h m e n t for any such i l l - t rea tment as

aforesaid or such Jus t i ce or Jus t i ces may if they sec proper	discharge
such apprent ice by war ran t	and certificate under the i r hands and
seals from such apprent iceship .

6. A n d be it fur ther enacted Tha t it shall and m a y be lawful to and for such Jus t i ce or Jus t i ces of t he Peace upon applicat ion or complaint made on oath by any mas te r or mistress agains t any such apprent ice touch ing or concerning any misdemeanor miscarr iage or misbehaviour in such his or her service to hear and de termine t he same and to pun i sh t h e offender by commi tmen t to any gaol or house of correction wi th in t h e distance of fifteen miles of t he place of convic­ t ion the re to be kep t in solitary confinement on bread and water for

any

any t i m e no t exceeding fourteen days and such Jus t i ce or Jus t i ces

respect ively shal l and m a y in his or the i r discret ion a n d as t h e jus t ice

of t he case m a y requi re e i ther wi th or w i thou t such pun i shmen t dis­ charge such apprent ice from his or he r apprent iceship in t he l ike form a n d m n a n e r as hereinbefore directed Provided however t h a t in all cases where any Jus t i ce or Jus t i ces of t h e Peace shal l deem it proper to discharge any appren t i ce from his or her apprent iceship unde r t he

provis ions of th i s Ac t such .Justice or Jus t ices shal l for thwi th cause

s u c h apprent ice to be forwarded to t he Ma le or Female O r p h a n School to bo fur ther disposed of as to t he Governor shall seem meet .

7. A n d be i t fur ther enacted Tha t no conviction order w a r r a n t

or o ther m a t t e r m a d e or p u r p o r t i n g to be made by v i r tue of th i s A c t

shal l be quashed for wan t of form or removed by certiorari or other­

wise in to t h e Supreme Cour t and no w a r r a n t of c o m m i t m e n t shall be

he ld void by reason of any defect the re in provided t h a t it be

the re in al leged t h a t t h e p a r t y has been convicted and t h a t the re be

a good and val id convict ion to sus ta in t h e same.

8. A n d be it fu r ther enacted T h a t all fines recovered under th i s A c t shall be paid to H i s Majesty and applied to t h e publ ic uses of t he Colony.

9. A n d be it fu r ther enacted T h a t so m u c h of an A c t of t h e

Governor and Counci l passed in the seventh year of t he re ign of H i s l a t e Majesty K i n g George t h e F o u r t h in t i tu led " An Act for resting

" the Orphan School Estates in the Trustees of the Clergy and School

" Lands in the Colony of New South Wales and for duly governing

"the Children at School and in Apprenticeship" as re la tes to the

appren t ic ing of those chi ldren and to t h e de te rmina t ion of disputes

a n d compla in t s re la t ing the re to or in respect	thereof	shall be and the
same is hereby repealed.