Destitute Children's Society Act 1901 (NSW)

Act No. 36, 1901.

An Act to consolidate the Acts relating 1 to the Society for the Relief of Dest i tu te Children. [1st November, 1901.]

BE it, enacted by the K i n g ' s Most Exce l l en t Majesty , by wi th t he advice and consent of t he Legislat ive Council and

and

Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled,

and by the au thor i ty of t he same, as fol lows: —

1. This A c t m a y be cited as the " D e s t i t u t e Chi ldren 's Society

Act , 1 9 0 1 . "

2. The Acts men t ioned in the Schedule are to t he ex ten t there in expressed hereby repealed.

3. The society and the m e m b e r s thereof incorporated by t h e Acts he reby repealed by the n a m e of " The Society for t he Relief of Des t i tu te Chi ldren ," shall by t ha t n a m e be a body corporate, and have pe rpe tua l succession and a common seal, and m a y sue and bo sued, and m a y take , purchase , and hold, real and personal proper ty , and for the purposes of the society m a y sell, demise, or dispose of such p rope r ty :

Provided t h a t land acquired by g ran t from the Crown may not be sold, mor tgaged , charged, or demised by the said society, unless wi th t he approval of the Governor, testified by wr i t ing u n d e r his hand, counters igned by the Colonial Secretary.

4. Notice to or service upon the t reasurer or secretary of t he
said society shall bo deemed to be notice to or service upon the society.
5. No th ing in th is A c t shall be deemed to affect any of the
exis t ing rules of t he said society or shall p revent a major i ty of the

members of t he said society from repeal ing or a l te r ing such rules or

Y mak ing

m a k i n g addi t ional rules in t h e m a n n e r provided by t h e ex is t ing ru les , and subject to a n y such repeal , a l terat ion, or addi t ion of rules , all powers now vested in t he board of directors shall cont inue to be

vested in t h e m and the i r successors.

6. (1) The objects of t h e said society shall be t he protect ion, support , and mora l a n d rel igious ins t ruc t ion of chi ldren deserted, or left des t i tu te by dissolute and abandoned parents , or from other causes neglected, or in a s ta te of great pr ivat ion, and w i t h o u t adequa te means

of suppor t .

(2) Al l rules exis t ing or made as aforesaid shall be deemed

to be by-laws b ind ing on the society.

(3) N o such ru l e which is foreign to or inconsis tent wi th t he

objects of t he society shal l be valid, and no rule shal l be valid unless

or un t i l it has been approved by t h e Governor .

(4) E v e r y rule , toge ther with a list of the t h e n directors of

t he society, shall be laid before b o t h Houses of P a r l i a m e n t wi th in

t w e n t y days of the commencemen t of t he first session in each year.

7. (1) A m e m o r a n d u m of t he names of t he t reasurer and

secretary, and of the i r residences respectively, shal l be filed by t h e m in t h e office of the P r o t h o n o t a r y of t h e Sup reme Cour t w i th in th i r ty days after every change in t h e appo in tmen t or residence of ei ther of such officers.

(2) E v e r y such m e m o r a n d u m shal l be signed by the t reasurer

and secretary m a k i n g the same a n d be by t h e m declared, in accordance wi th t he Ac t s providing for s t a tu to ry declarat ions, to conta in a t rue

s t a t emen t of the ma t t e r s contained the re in to t he best of thei r knowledge

and belief, a n d such declarat ion shall be m a d e before one of t he	J u d g e s
of t he Supreme Court .

8. (1) So long as t h e said society is in p a r t suppor ted by
contr ibut ions from the Treasury, t h e Governor may , once in each year

or oftener if he t h inks fit, appoin t one or more commissioners to

and repor t upon t h e s ta te and condit ion of t h e chi ldren unde r t he care inspect t he bui ld ings and premises of the society, and to examine in to of t h e society, and u p o n the m a n a g e m e n t of such children.

(2) E v e r y officer of t h e society shall r ender all t h e assistance

in his power to every such commissioner , and shall furnish h i m wi th all such r e t u r n s and informat ion as such officer is able to supply , to enable t h e commissioner efficiently to discharge t h e duties in t rus ted to h im.

9. (1) E v e r y infant vo lun ta r i ly sur rendered by its pa r en t or

guard ian to t h e care of t h e society, or compulsor i ly placed in the asy lum in conformi ty wi th t he provisions of a n y Act , shall, u n t i l t h e

a t t a i n m e n t of t he age of n ine teen , or if t he infant	was received	for	a
t e r m

t e r m expi r ing a t an earlier age t h e n un t i l t h e expira t ion of t he la t ter t e rm, be in t h e custody of t he directors of t he society, who shal l have all t he powers and privileges of a fa ther over and in respect of such infant :

Provided tha t if any female infant shall marry , wi th the consent of t he directors, before t h e age of n ineteen, thei r powers over such infant shal l cease.

(2) The mo the r of any infant may , wi th the sanct ion of a jus t ice of t he peace in wr i t ing unde r his hand, lawfully sur render it to t he care of t he society for the purposes of this section where t he fa ther is from hab i t s of d runkenness , or conviction for felony, or long cont inued absence, unab le or unwi l l ing to main ta in such infant, and the mo the r has in fact the sole charge and care of i t :

Provided a lways t h a t no th ing here in shall be deemed to requi re t h e society to admi t any infant into the ins t i tu t ion w i t h o u t	the	consent
of the directors .

10. I t shall be lawful for t he directors to provide for the care, ma in tenance , and educat ion of all infants so surrendered or placed in t h e asylum, and 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 he board shal l seem expedient , e i ther to some t rade , or as agr icu l tu ra l labourers or domestic servants . Every inden tu re or deed poll of apprent iceship unde r t he corporate seal and signed by the t reasurer or secretary, in which the par ty apprent iced is described as an infant unde r the protect ion and care of the society, shall be t a k e n to he a valid apprent iceship of the pa r ty so described for t he t e rm ment ioned there in a n d the pa r ty ' s age, and t h a t he or she was so sur rendered or placed in the a sy lum shall be t aken to be t rue respectively un t i l the cont ra ry is proved :

Provided tha t no infant shall be apprent iced unde r t he age of
twelve years, or for a t e r m ex tend ing beyond the age of n ineteen years,

or, if a girl, beyond the day of her marr iage , if the la t ter event shal l

first happen .

11. (1) The directors on behalf of the society shal l have t h e comple te control of the persons of all infants so sur rendered or so placed in the asy lum, and all just ices and constables are hereby empowered and directed to afford every pract icable assistance to t he board and the officers of the society in the exercise of such control, and to apprehend and cause to be conveyed into the custody of the board, or its proper officer, every infant who may escape or be unlawful ly removed or enticed from such custody.

(2) E v e r y person whatsoever who w i t h o u t lawful cause

removes or assists in r emoving any infant from the charge or care of t he society, or i ts officers, or from the society 's a sy lum or premises , or

assists

assists any infant in escaping, or entices or persuades , or endeavours to entice or persuade , any in fan t to remove or escape f rom such a sy lum or premises, or from such charge or care, shal l be gu i l ty of a misdemeanour .

12. "Whenever i t is made to appear to the satisfaction of two just ices before w h o m the fa ther of any infant , compulsor i ly placed in t h e a s y l u m of t he society, or vo lun ta r i ly surrendered to t h e care of t he society, is s u m m o n e d for t h a t purpose, is able to cont r ibu te towards t he ma in t enance of such infant , t h e just ices m a y by the i r order direct t h a t such f a the r shall cont r ibu te such weekly sum, not exceeding t w e n t y shil l ings, as t hey m a y deem expedient , to be paid a t such t imes as t hey shall specify to t h e t r easu re r or secretary of t h e society. The l ike order m a y bo m a d e against the mo the r of a n y in fan t where t he father is dead and she is able to con t r ibu te to i ts ma in t enance .

13. I f a t any t ime after t he surrender or p lac ing of a n infant in the a sy lum as aforesaid, e i ther of the pa ren t s or any other re la t ive of such in fan t shall satisfy t h e directors t h a t he is able and wil l ing to provide proper ly for t h e care and m a i n t e n a n c e of such infant , t h e

directors m a y , u p o n such p a r e n t or re la t ive pay ing to t h e t reasurer

t he a m o u n t expended for t h e infant, or such propor t ion as they m a y

de te rmine , sur render such infant to such p a r e n t or relat ive, and there­ upon all t he powers and privi leges of t h e directors over and in respect of such infant shall cease.

S C H E D U L E .

Year anil number Title of Act. Extent of repeal.

of Act .

20 Vic. No . 19 . . . A n Act to incorpora te and otherwise promote The whole.

t he objects of the Society for the Relief of

D e s t i t u t e Children.

27 Vic. N o . 16 . . . A n Act to amend an A c t to incorpora te and The whole.

otherwise p romote the objects of t he Society

for t he Relief of D e s t i t u t e Chi ldren.

Act