No. XIX.
An Act to incorporate and otherwise promote
the objects of The Society for the Relief of
| Dest i tu te | Children. | [23rd | February, | 1857.] |
| WH E R E A S Colony suppor ted ma in ly by V o l u n t a r y Cont r ibu t ions from | the publ ic called " The Society for t h e Relief of Des t i tu te Chi ldren " |
| which has for i ts objects t h e protec t ion suppor t a n d mora l a n d rel i gious ins t ruc t ion of Chi ldren deserted or left des t i tu te by dissolute a n d abandoned p a r e n t s or from o ther causes neglected or in a s ta te of |
| g rea t | pr iva t ion | and | w i t h o u t | a d e q u a t e | means | of | suppor t | a n d | i t | is | |
| expedient t h a t assistance should be afforded | by Legis la t ive | enac tmen t | |
| for fully ca r ry ing ou t those benevolent in ten t ions A n d whereas l a rge sums of money have been bequea thed or given to t h e Society wi th which funds a n " A s y l u m " for t he recept ion of Des t i t u t e Chi ldren is |
| in progress of erect ion wi th o ther bu i ld ings | on | l and | appropr ia ted | to | |
| t he purpose by t h e Gove rnmen t | a n d | i t is | desirable t h a t t h e | Society | |
| should be protected in t h e ho ld ing of t h a t | l and and o ther | p rope r ty | |
| which i t m a y hereaf ter | acquire | R e i t therefore enacted by t h e | Q u e e n ' s | |
| Mos t Exce l l en t Majesty by a n d | w i t h | t h e | advice | a n d | consent of | t h e | |
| Legis la t ive | Counci l | a n d | Legis la t ive | Assembly | of N e w Sou th | W a l e s | |
| in | P a r l i a m e n t | assembled | and | by | t h e | au thor i ty | of | t h e | same | as | |
| follows :— |
| 1. On and from and after t h e first day of M a r c h nex t t h e said Society a n d t h e several m e m b e r s thereof shall be a n d t h e same is | a n d | |
| a re hereby cons t i tu ted | a body poli t ic | a n d | corporate | by t h e n a m e | of | |
| " The Society for t h e Rel ief of Des t i tu t e | Chi ldren " by which | n a m e | |
| such body poli t ic shal l have pe rpe tua l succession a n d a | common seal | |
| a n d by t h e same n a m e m a y sue a n d be sued a n d answer a n d be answered in all Cour ts of t h e Colony and shal l be capable in l aw of t a k i n g pu rchas ing and hold ing to t h e m a n d the i r successors l ands a n d o ther rea l es ta te a n d chat te l s and other personal p roper ty a n d sel l ing demis ing or otherwise disposing of (bu t for t h e purposes only of t h e Society) all p rope r ty real or personal be longing to t h e m a n d shal l have power to do all o ther th ings incidenta l to a body polit ic a n d in all cases where not ice to or service on the Corpora t ion shal l be necessary service u p o n t h e Treasurer or Secretary of t h e Society shall bo suffi cient service. |
| a Society has for some years been establ ished in | th i s |
| any t ime al tered by a n y such ru le , |
2. Prov ided a lways Tha t i t shal l no t be lawful for the said body
| poli t ic to a l ienate m o r t g a g e | charge | or | demise any l and acquired by |
| g r a n t from t h e Crown unless w i th t h e approval of the | Governor | a n d |
| Execu t ive Counci l testified by wr i t i ng | u n d e r | his | h a n d | counters igned |
| b y t h e Colonial Secretary. |
| 3. This A c t shal l equal ly apply to a n d t h e said body | poli t ic |
hereby cons t i tu ted shal l be t aken to include all fu ture as well as present members of t h e Society and n o t h i n g he re in conta ined shall impai r or He deemed to affect any of t he ru les of t he Society now exis t ing or t o p r even t t he member s thereof for t he t ime being or a majori ty of t h e m
| from repeal ing or a l t e r ing any of such ru les or m a k i n g such | o the r | or |
| addi t ional ru les in t h e m a n n e r provided | for | by | t he exis t ing | ru les | as |
| t h e member s m a y t h i n k fit and all powers now vested in t h e | " Board |
| of Direc tors " of t he Society shal l cont inue to be vested in t h e m | a n d |
| the i r successors except in so far as such powers m a y be hereaf ter | a t |
4. Al l ru les which a t any t ime after t h e said first day of M a r c h
nex t shal l be so m a d e shal l be a n d be deemed by-laws b ind ing on the Corpora t ion Provided t h a t no ru le or by-law shal l be valid unt i l approved of by t h e Governor and Execu t ive Counci l nor which shall be foreign to or inconsis tent wi th t h e objects of t h e Society as they are hereinbefore declared or reci ted and t h a t every such ru le and by-law toge the r wi th a list of t h e t h e n Directors of t h e Society
| shal l be laid before b o t h Houses of Pa r l i amen t annua l ly wi th in | twen ty |
| days after t h e commencement of each Session. |
| 5. A | m e m o r a n d u m | of the | names | of t h e t h e n Treasure r | and |
Secre ta ry and of the i r residences respectively shall be filed by t h e m in t h e office of t h e P r o t h o n o t a r y of t h e Supreme Cour t w i th in
| t h i r t y days | after t he | pass ing of | th i s A c t | and a similar | m e m o r a n d u m |
| shal l be so filed by t h e Treasurer and Secretary for t h e t ime | be ing |
| wi th in th i r ty days after | every change in t h e appo in tmen t or residence |
| of e i ther of | such officers a n d every such m e m o r a n d u m shal l be signed |
by t h e Treasurer a n d Secre tary m a k i n g t h e same a n d be b y t h e m solemnly declared (according to the A c t in such case made) to contain a t r u e s t a t emen t of t h e m a t t e r s contained the re in to t he best of the i r knowledge a n d belief such solemn declara t ion to be made before one
| of | t he J u d g e s of | t h e Sup reme | Cour t . |
6. I t shal l be lawful for t he Governor wi th t he advice of t h e Execu t ive Counci l so long as t h e ins t i tu t ion shal l bo in p a r t suppor ted by con t r ibu t ions from the publ ic Treasury to appoin t once (or oftener if t h o u g h t expedient ) in each year one or more Commissioner or Commissioners for t h e purpose of inspect ing t h e bu i ld ings and premises be longing to t h e Society hereby incorpora ted a n d examin ing in to a n d repor t ing upon t h e s ta te and condit ion of t he chi ldren in t he
| A s y l u m | or o therwise | u n d e r | t h e | care | of t h e | Society a n d | upon | t h e |
m a n a g e m e n t of such chi ldren and every officer of t h e Society shall r ender all t h e assistance in his power to every such Commissioner and shal l furnish h im wi th all such r e t u r n s a n d informat ion as such officer shal l be able to supply to enable such Commissioner efficiently
| to discharge t h e dut ies in t rus t ed to | h im. |
| 7. | Eve ry infant | vo lun ta r i ly sur rendered b y i t s pa r en t or | guar |
dian to the care of t he Society or compulsor i ly placed in t h e A s y l u m in conformity w i t h t h e provisions of any A c t now or hereafter in force in t h a t behalf shall un t i l t he a t t a inmen t of t h e age of n ine teen or if t h e
| infant was received for a t e r m expi r ing at an earlier age t h e n | un t i l |
| t h e Directors of t h e Society who shall have all t h e powers and privileges | the expi ra t ion of t h e la t t e r t e r m be and cont inue to be in t he custody of |
| of a father over and in respect of such infant P rov ided t h a t if any female infant shal l m a r r y w i t h t h e consent of t he Direc tors before |
| t he age of n ine teen the i r powers over such infant shal l cease | A n d t h e | |
| m o t h e r | of | any infant | m a y wi th t h e sanct ion of a J u s t i c e of t h e | Peace | |
| in wr i t ing unde r his h a n d lawfully su r render i t to t h e care of t he Society for the purposes of th i s section where t h e father is from habi t s of d runkenness or conviction for felony or long cont inued absence unab le or unwi l l ing to ma in t a in such child and the mothe r has in fact t he sole charge and care of i t Provided always t h a t no th ing here in shall be deemed to requ i re t he Society to admi t any infant |
| in to t h e ins t i tu t ion | wi thou t | t he | consent | of t h e | Direc tors . | |
| 8. I t shal l be lawful for t h e Directors to provide for the care ma in t enance a n d educa t ion of all infants | so sur rendered | or placed in | |
| t h e A s y l u m as aforesaid a n d to appren t ice t h e m in such m a n n e r and a t such t imes as to t h e Board shall seem expedient e i ther t o some t rade or as ag r i cu l tu ra l laborers or domest ic servants A n d every |
| inden tu re or deed poll of apprent iceship | u n d e r t h e corpora te | seal | |
and
and signed by t h e Treasure r or Secretary in which i n s t r u m e n t the pa r ty apprent iced or in tended so to be shall be described as an infant u n d e r t h e protec t ion and care of the Society shall be t a k e n to be a valid apprent icesh ip of t he p a r t y so described for t he t e r m ment ioned the re in and the pa r ty ' s age and t h a t he or she was so sur rendered or placed in t h e A s y l u m as aforesaid shall be t aken to be t r u e respect ively un t i l t h e con t ra ry be proved Provided t h a t no infant unde r t h e age of twelve years shall be appren t iced or for a t e r m en tend ing beyond t h e age of n ine t een years or if a gir l beyond t h e day of her mar r i age
| if t h e l a t t e r event shal l | first | happen . |
9. The Direc tors on behalf of t he Society shal l have t h e complete control of t h e persons of all infants so sur rendered or so placed in the A s y l u m as aforesaid and all Jus t i ces and Constables are hereby empowered a n d directed to afford every pract icable assistance to t h e Board and t h e Officers of t h e Society in the exercise of such control and to apprehend and cause to be conveyed into t h e cus tody of t h e Board or i ts p roper Officer every infant who may escape or be unlawfully removed or enticed from such custody A n d every person whatsoever who wi thou t lawful cause shal l remove or assist in r emoving any infant from t h e charge or care of t h e Society or i t s Officers or from the Society's A s y l u m or premises or shall assist any infant in escaping or shall ent ice or persuade or endeavour to entice or persuade any infant to remove or escape from such A s y l u m or premises or from such charge or care shall be gui l ty of a mis demeanor .
10. "Whenever i t shall be made to appear to the satisfaction of
any two Jus t i ces of t he Peace before w h o m t h e father of any infant
compulsor i ly placed in t h e A s y l u m as aforesaid shall be summoned
| t h a t he is able to con t r ibu te towards t h e ma in t enance | of such | infant |
| i t shal l be lawful for such Jus t i ces by order unde r the i r hands | and |
seals to direct t h a t he shall cont r ibu te such weekly sum as they m a y deem expedient to be paid a t such t imes as t hey shall specify to t h e Treasurer or Secretary of t he Society A n d in default of any such pay m e n t any Jus t i ce may on proof thereof cause the sum or sums in a r rea r to be levied on the pa ren t ' s goods or compel the p a y m e n t by
| w a r r a n t against | h is person | A n d | the | l ike | order may | be m a d e | a n d |
proceedings be t a k e n against t h e m o t h e r of any such infant where t h e father is dead a n d she shall be able to cont r ibu te to i ts main tenance.
| 1 1 . If a t any t ime after t he sur render or p lac ing of an | infant |
in t h e Asy lum as aforesaid e i ther of t he pa ren t s or any o ther re la t ive of such infant shal l satisfy the Direc tors t ha t he or she is able and wil l ing to provide proper ly for t he care and ma in tenance of such infant it shall he lawful for the Board on such pa ren t or relative pay ing to t h e Treasurer t he a m o u n t expended for t h e infant or such
| propor t ion as t h e Board m a y de te rmine to su r render such infant | to |
| such pa ren t or relat ive and | t h e r e u p o n | al l t h e | powers | and | privi leges |
of t he Directors over and in respect of such infant shall cease.