Destitute Persons Act 1866 (SA)

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ANNO TRICESIMO

VICTORIB REGINB.

No. 12.

An Act to provide for the Relief and Maintenatzce of Deserted and

Destitute Persons, and tlbe Education and Advancement in Lye of Orphan and Neglected, and Criminal Children, and ,for the Establishment and Government o f Asylums, Xchools, and other Institutions,for the better carrying into e$ct the above objects,

and j

br other like pzcrposes.

rAsaented to, l l

th January, 1867.1

IIEREAS it is the natural duty of those persons who are of Preambl..

W sufficient ability to maintain and support such of their rela-

tives who from age or sickness are unable to support themselves;

and it is desirable to consolidatc and amend the Laws now in force for enforcing such duty, and to establish a Board to be called the Destitute Board, and Asylums, Schools, and places for the relief of indigent poor, and the instruction and bringing, up of orphan, deserted, neglected, and criminal Children-Be it therefore Enacted,

by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of

Assembly of the said Province, in this present Parliament assembled, as follows:

2 D

1. This Act may be cited as the 'L Destitute Persons Relief Act, short title.

1866."

2. An Act No. 11 of sixth Victoria, intituled

An Act to provide Bepd.

for the maintenance and relief of deserted Wives and Children and

other destitute Persons, and to make-the property of Hus'bands and

near relatives, to whose assistance they have a natural claim in cer-*

tain circumstances, available for their support;" and an Act No.

..

8 of

30" VICTORIX, No. 12.

--

Destitute Persons Belief Act.-1866-7.

8 of 1848, intituled An Ordinance to provide, by apprenticeship, for the protection, guardianship, and advancement in life of Emigrant Orphan Children, and other poor Children maintained at the pub&

I

expense;" and an Act No. 2 of 1863, being " The Destitute Asylum Act, 1863," shall be and the same are h e b y repgalad, except as to any things done, appointments made, contracts entered into, orders made, offences committed, and penalties incurred; and except so far

as may be necessary to support any orders, convictions, or other

proceedings made, taken, or pending Gnder any of the repealed Acts

previously to the commencement of' this Act

Act dividsqinto

pads

3. This Act shall be divided into four parts, as follows:

PART

I.-The

Maintenance of Indigent Poor by their Relations:

PART

IT.--Establishment of Destitute Board; its duties and

functions:

PART

I I I. A S

to Industrial and Reformatory Schools; and binding

deserted children as apprentices:

PART

w.-Protection

to Officers and general matters.

PART

I.

PART

I.--The

maintenance of Indigent Poor by their Relatives:

-

-.

Destitute person8 to

be maintained by

4, The father, grandfather, mother, and grandmother, and the children and grandchildren of every poor and destitute person who is not able to support himself, shall, according to their several abilities, and at their own costs and charges relieve and maintain every such destitute person, and in default of so doing shall be subject to the provisions bmeinaftercontained.

relatives.

Husband to maintain

5. Every husband whose wife shall have a child or children at

wife'r children.

the time of his marriage, whether such children shall be legitimate

.a part of his family until such child or children shall attain the age

or illegitimate, shall be liable to maintain such child or children as

of sixteen years, and such child or children shall, for the purposes

of this Act, be deemed a part of such husband's family.

on

appli*tion o f d ~ 6, Up02 application or complaint made by or on behalf of any

titute porsone Juetice

to i ~ u e

numrnolla,

destitute person, any Justice may issue a summons or summonses requiring the relative or relatives therein named to appear before any two Justices, at a time and place to be named in such summons, to show cause why he or they should not relieve and maintain, or contribute to the relief and maintenance, of such destitute per-

son.

7. Upon the day appointed for hearing, any two Justices may hear

Two

S U C ~

Jutice&

npplication bear

in a

s u m m q W@, =a to and determine the matter of such complaint in a summary way, and

us.

Order

upon 8 ~ C h he&g the said Tusticea shall inquire as to the several

persons who by this Act are .bound to maintain their destitute relatives, and as to their means and ability, and, if they shall see fit, shall adjourn the further hearing of the said application and oom- plaint,

30" VICTORTB, No. 12.

Destitute Persono Relief Act-1 866-7.

plaint, and may summon and require any other such persons who '.

PART

1-

have not been summoned to appear at the day appointed for the

adjourned hearing, and may, at the original or any adjourned hear- ing, dismiss the d aid application, either entirely or as regards such one or more persbns against whom summonses have been issued as they may consider not of suEcient ability to maintain or contribute to the maintenance of such destitute person; and, in case they ~ h l l

find any person or persons so able, shall fix such a moderate sum or rate as in their discretion ought to be allowed for the maintenance of such destitute person, and the periods at which the same is to be payable, and shall appoint a person to whom and a place where such: payment shall be made; and in case two or more persons shall be found so able, the said Justices shall assess the several propor- tions upon the said persons according to their respective abilities, and therenpon shall make an order in writing directing the payment of the said rate or sum or sums so assessed accordingly.

8. W h e n any husband unlawfully deserts his wife, or leaves her nuhand

deserting or

wife

father

or

without adequate means of support, or where any father deserts his children may be

children, whether illegitimate or born in wedlock, or leaves them

without adequate means of support, any Justice may, upon applica-

tion or complaint thereof made by or on behalf of such wife or

I

children, issue a summons to such husband or father to show cause why he should not support his wife or children, or such Justice, if a Special Magistrake, may, in his discretion, issue his warrant for the apprehension of such husbaud or father in the first instance.

9. Upan the day appointed for the hearing, any two Justices may such complaint to be

hear anti determine the matter of such complaint in a summary i n a ,,m,

heard by two Justiccr

way; and if they be satisfied that the wife or the children, as the and order to be made

thereon.

case may be, are in fact-without adequate means of support, and the husband or the father is able to maintain her or them, or to con-

tribute to her or their maintenance, such Justices shall make an

order in writing directing him to pay either weekly or monthly, at

their discretion, and to such person and in such manner for her or their use, as such Justices think fit, such moderate sum or allowance as they consider proper.

10. Any two or more Justices, on the complaint of any person TWO Justioos may

interested in any order for the periodical payment of any sum of during

order make

currency

further

of

money as aforesaid, and during the period such order continues in order to increase,

force, may make further inquiry as to the ability of the person upon ,mitam~unt leesen, or entirely

whom such order shall have been made, and increase or lessen, or to be paid,

entirely remit the amount so ordered to-be paid.

11. If it a h d be made to appear to any

two or more Justices that Justices may rcqui.0

security for compll-

any defendant will endeavor to evade compliance with any order as,

,,

ordo, and

aforesaid, or when any such defendant shall have wilfully made indefaultmaycommiC

default in any payment, such Justices may require the defendant, to gaol.

either immediately or a€

some adjournment, to find such good and

=

.sufficient surety or security, to the satisfaction of the Justices then

present,

800 VICTORIB, No, 12.

Destitute Persons Belief Act.-

1 866-7.

present, or present a t any adjourned hearing, that he will comply with such order of maintenance, or that he will not desert or leave without adequate means of sppport hia said wife or children; and such Justices may, in default of such surety or security being found, commit the defendant to gaol, either generally until such order be cwplied with, or for some definite period if such order be not sooner complied with: Provided that i t shall be lawful for any two Justices to determine upon the sufficiency of any proposed surety or security, and to mhom and in what manner the same shall be made; and any Justice, upon being satisfied that the sameahas been duly made and perfected, may order the discharge of the said husband or father

from gaol or custody.

q

Juaticoa map autho-

rize reaponsible per-

12. I f i t be made to appear upon oath, to the satisfaction of any

nons to receive rents,

two Justices, that any husband or father has desertcd his wife ' or

&em,

of husband fail-

ing to comply with

his children, and has failed to comply with any order of main-

order.

tenance, they may by their order authorize some responsible persou forthwith to receive so much of his income, whether arising from the rent and profits of his real estate, or the interest of any money lent out upon interest, or to seize and take the person~l estate of such husband or father, and from time to time to sell and dispose of so much thereof as the said Jnstices shall think fit, and to appro- priate the proceeds towards the payment of any allowance in such

manner as they from time to tiGc direct.

Wife and husband

13. T l~c

wifc of any husband shall be competent and compellable

oompetent and corn*

pellablb to give

to give evidence for or against hcr husband in a11 matters and

evidence.

complaints under this Act; and any husband shall be a competent

witness on his own behalf.

Provision as to illegti-

14. The provisions of this Act shall extend to and include illegi- timate childrpn so far as regards the father or mother of such children, provided that no man shall be taken to be the father

Q.

mate children.

vidcd also, that in every case where it shall appear to the Justices

of any illegitimate child upon the oath of the mother only: Pro-

that the mother of an illegitimate child is able to contribute to its mpport, it shall be lawful for them to direct that she shall so contribute as well as the father, in such proportions respcctivcly and in such manner as such Justices shall think fit; and if in any such case it shall appear that the mother only is of such ability, i t shall be lawful for the Justices to make an order in respect of her alone.

'

Proceding8 for en-

15. I t stlall be lawful for any two Justices from time to time to

forcing ~rdera.

make such orders in writing fo; better securing the payment and regulating the receipt of any allovance under this Act, or for investing and applying the proceeds of the goods or ments (if any) directed to be sold or collected, or for insuring the due applica- '

tiou of such allowance to the bond Jide purposes of maintenance, or

for causing any child or children to be properly brought up and

educated.

30" VICTORIB, No. 22.

95

Destitute Persons Relief Act-

1 866-7.

PART

11.-Establishment

of Destitute Board, its duties and

PART

rx.

functions.

16. I t shall be lawful for the Governor, with the advice and consent of the Executive Council, to appoint a Chairman and four other persons to form a Board to be called the Destitute Board, to carry this Act into execution, and from time to time, at pleasure, to remove any member of the said Board for the time being, and upon every vacancy in the said Board, either by removal, resignation, or death, to appoint some other fit person to the said office; and until such

0 f D ~ -

new appointment it shall be lawful for the surviving or continuing

member or members to act as if no such vacancy had occurred.

17. Any three rnembcrs of the said Board, shall be competent to Q m ~ m

0fBoard.

act in the execution of thc powers vested in the said Board: Pro- vided that, in the event of the absence of the regular Chairman, the members of the said Board then present may appoint a Chairman * for the occasion.

18. The said Board may, subject to thc approval of the Governor Appointment of

and Executivc Council, from time to time, by order, appoint a Superintendentd.

superintendent of each asylum, school, or place under their control,

arid the Supcrintcncl-ent at the Asylum in Adelaide for the relief o f

destitute persons, called the Destitute Asylum, shall also act as

secretary to the said Board, and the said Board may also, subject

to the like approval, remove such superintendent,

19. 'I'hc said Board may also from timc to time, by resolution of Appointment of

the said Board, appoint such fit and proper persons to be teachers, officers, and servants, as may be allowed by the Governor, with the advice aforesaid, and may remove such persons.

20. The said DestituteBoard shall, subject to the regulations of the Functions and dutier

Public Service, have theadministration of all fundsvoted by Parliament

of Board.

for the relief of the destitute poor, and all funds which may be given or left to them by bcnevo3ent persons, and have the care and manage- ment of asylums, institutions, or places for the reception and relief of destitute persons, and the control and supervision of schools for the education, employment, and training up of destitute children, and the apprenticing children as provided by this Act, and shall have the ordering of the persons and property of such destitute persons and children so long as they shall be within any asylum, school, or place so under their control.

21.

The said B ~ a r d

shalllave a seal, and shall cause to be sealed Board to have a real.

or stamped therewith all orders and mandates made by ,them in pursuance of this Act, and all such orders and mandates, or copies thereof, purporting to be sealed or stamped with the seal of the said Board, and to be signed by the Chairman of the said Board, shall be rcceived as evidence of the same respectively without any further proof thereof, unless the contrary be shown.

22. The

96

t

M0

VICTORIX, No. 12.

Destitute Pmons Relief Act. -1866-7.

PART 11.

22. The said Board shall from time to time make rules and

to m d e rnla

regulations in respect of the matters aftermentioncd; and such rules

r@@atiOM*

and regulations when approved by the Governor with the advice aforesaid, shall have the force of law; and a copy of such rules and

regulations published in the Gorernme?~t Gazette shall be received in

evidence and judicially noticed, m d shall, until thc contrary be

shown, be deemed sufficient evidence of such rules and regulatiorrs,

and that the same were duly made and approved:

r. For the inquiry into and ascertaining the proper objects of relief:

11. For the admission of persons into m y asylum, being wayfarers,

wanderers, and other casual poor:

111, For the affording out of any asylum by their officers of tem- porary relief, in cases of emergency or urgent necessity:

xv. For the burial of destitute persons, and the remuneration there-

for:

v. For the maintenance of order, discipline, decency, health, and

cleanline~s

amongst the inmates of any asylum, school, or place

under their control:

m,

For obtaining and enforcing orders for maintenance upon permm

who are by law liable to support their destitute relatives; and for obtaining reimbursement of sums paid for relief affordcd to indigent persons, and expenses incurred in burials, froin persons liable to pay thesame:

vrr. For the employment of the inmates of any 'asylum; and for

prescribing task-work or other labur to be clone by persons.

relicveil in any asylum, and for separating into classes and

keeping separate in any asylum the inmates thcreof:

vrrr. For the prosecution of offenders against this Act, or the rulcs and regulations made in pursuance thereof:

e

IX. For prescribing the forms of indentures of apprenticeship, and

assignment of sucil indentures:

X. For the kecpiug records of the proceedings of the said Board, and of the officers thereof, and accounts of the receipt and application of all moneys, distinguishing cases of emergency from relief ordered by the said Board:

xr.

For prescribing the duties of the several officcrs of the said Board;

and for keeping proper records, books, accounts, and vouchers:

XII.

For causing all children apprenticed or liccnsed to reside with

any person to be duly visited by some person authorized by the

said Board, at least twice in every year:

And until such rules and regulations slinll be rnadc, the rules and

regulations made by virtue of " The Uestitote Asylurn Act, 1863, '

.

and published in the Government Gazette, April 7, 1864, shall so far

W the same are applicable, be deemed of the like force and effect

as

30" VICTORIB, No. 12.

-

- - -

p---

Destitute

~ e l a o n s Relief

Act-1866-7.

as if made under the powers of this Act: Provided that such rules

and regulations shall be laid bcfore Loth Houses of Parliament within fourteen days after the making thereof, if Parliament be then sitting; or, if Parliament be not then sitting, within fourteen days after the conimcncemcnt of the then next Session of Parliament.

23. I t sllall be the duty of the mid Board to cause the funds at

funds economically,

Rosrd to adminkter

their disposal to be duly and ecoilomically administered, to determine

and to keep accounts,

the proper objects of relief, and the nature and amount thereof, to

&c.

cause accurate minutes and accounts to be kept, and a summary or

report of the accounts and proceedings of the snid Board to be laid before Parliament at least once in every year; and the said Roml shall cause a record to bc kept, showing full particulars, as far as known, of all children who shall be dealt with by the said Board under this Act, and of their parents, and of all dealings with such children.

Relief given to wife

24. All relief given by the snid Board, or under the provisioas of " The Destitute Asvlum Act. 1863." to or on account of ilnv

or children to be con-

sidered as given to

Y

"

husband, or father, or

wife, or to or on account of any child or children under the age of mother.

sixteen, shall be coiisidexed as given to the husband of such wife,

or to the father of such child or thildren, if he be alive, and, if not;

then to the mother, as the case may be: Provided that if i t

appwrtliat the husband of any wife is out of the said Province, or in

custody of law, or is lunatic or idiot, all relief given to such wife

or her child under the age aforesaid, slmll nobithatancling her

1

covertwe, he giren to such wife in the same maimer and subject to

the same conditioi~s

as if shc was SL widow.

25. 111 any case in which relief has been afforded to any person, cost of past mainte-

or the wifc a i d child of any person, and such person, or the father,, c,,,md,

nance may be re-

grandfixthcr, mother, grandmother, husband, child or children of such person shall at any time within three years thereafter bc of

relief, or part thereof, it shall be lawful for any two or more

sufficient ability to repdy and rcimbursc the amount or cost of such

Justices of the Peace upon the informstiou or conlplaint of an officer of tlic Board, to inquire into the matter in a summary way,

and if they shall be of opinion that such person, or the father or

other relntive as aforesaid, is of suficient ability to repay the whole or part of the amount or cost of such relief, t h y mdy order such person' or father, or other relatirrc as aforesaid, to pay the Super- intendent of the said Board such sum of money either in one sum,

or by instalments, as in their judgment such person, father, or

other relative as rtforesaid, can reasonably afford and ought to

contribute towards the past relief of such person.

in fbrce uuder the provisions of this Act shall, upon conviction rules.

26. Any person offending against any of the rules or regulations Penaltr forbremhof

-

thereof by two or more Justices of the Peace, forfeit and pay a penalty not exceeding Five Pounds, or be imprisoned, at the dis-

cretion of such Justices, with or without bard labor, for any term

not exceeding three calendar months.

27. ! ~ y

30" VICTORIX, No. 12.

Destitute Pe~sons Relief Act.-l

866-7.

PART

xr.

27. Any person who shall obtain from the said Board, or from any

penalty for

*re-

officer administering the funds thereof, any pecuniary or other relief

Obtainrelie' or assistance, or any goods or chattels or other property, by way of

gift or loan, by means of any false pretence; and any person in any asylum who shall wilfully waste, spoil, or damage any of the wearing apparel, tools* implements, or utensils, or other property committed to his charge shall, upon conviction thereof before a Local Court of full jurisdiction, be liable to imprisonment with hard tabor for any term not exceeding six calendar months, and to forfeit or pay a fine or penalty of double the cost of the food and other necessaries and goods obtained by means of such false pretence.

renaltfOrfraudulent

appropriation of pro-

28. If any person who shall be entrusted with or to whom shall be

perty of i la~lum.

lent, by way of relief or assistance, any article of wearing apparel or beddin'g, or any tool, implement, or utensil, or any other property, goods, and chattels wlmtsoever the property of the said Board, shall fraudulently take or convert to his or her own use, or the use of any other person, any such property, or shall carry away any such pro-

perty, and not return the same on demand by an officer of the said

Board, every person so offending, whether he or she shall or shall not determine the bailment, be guilty of larceny, and shall be liable,

on conviction, to irnprieonmcnt for not more than six calelidar

months, with or without hard labor.

%

PART 1 ~ - PART

IIT.-AS to Industrial and Reformatory Schools:

Industrial schools to

be established.

29. I t shall be lawfd for the Governor, with the advice and

*

consent of the Executive Council, to establish for the purposes of this Act inilustlial schools, atid every such school shall be occupied

by m d used for males or females exclusively, as the Governor,

with the advice aforesaid, may direct.

RcfOrmah'y schools

to be established.

30. Ii shall be lawful for the Governor, with thc aclvice and

this Act reformatory schools, and evkry such school shall 6c dceupied

consent of the Executive Council, to establish for the purposes of

by and used for maks or fcmalcs exclusively, as the Governor, with

t i c advice aforcsdd, may direct.

31. If my school shall be established by private contributions, for the education, support, and reformation of neglected children, and shall be likewise supported to the extent hereinafter mentioned by private contributions, and shall be approved by the Governor, with the advice aforesaid, for the purposes of this Act, the same shall and until such approval shall be withdrawn be deemed to be an industrial school or a reformatory school (as the case may be) within the meaning of this Act; but if any such school shall be supported for any one or more than one religious denomination exclusively, no child shall be sent to the same unless he or she shall be a rhember, or his or her parents shall be or have

Private

within the A C ~.

to be

been members, of such denomination, or of one of such denominations

if more than one; and every order approving such school shall state the denomination (if any) for which the same is supported: Provided

that

Destitute

Pe~sons

Relief Act.-1866-7.

that every such private school shall at all times be open to the in-

PART

1 1 ~

spection of the said Board.

32. The accounts of every school- established by private contribu- Aoaounts of such

tions, as in the last section mentioned, shall be audited once at least achool to be audited.

in every year by auditors appointed by the Auditor-General, who

for the purposes of such audit, shall exercise all the powers now

exercised by the Auditor-General in reference to the auditing

of the public moneys and accounts: Provided that such school

accounts shall be kept separate, and the accounts of the industrial shall be k e ~ t distinct from those of the reformatorv

schools.

Every such sGhool shall be entitled to rcccive out of th;? Endowment

consolidated revonue.

general revenue a sum eaual to twice the amount, exclusive of any sums contributed by -pa;ents or step-parents, which the auditors shall certify to have been collected and received by private contri- butions for the said school, and to have been expended in the main- tenance of the children therein for and during the preceding ycar : Provided always that the total amount to be granted out of the general revenue to any such school shall not exceed a sum cal- culated at the rate of Five Shillings per week for every child main- tained in such school in accordance with the provisions of this Act during the preceding year or any part thereof: Provided that no such payment shall be made except out of such sums as may have been specially appropriated by Parliament for that purpose.

33. The Governor, with the advice aforesaid, shall direct a report Iwection of private

schoola.

of the condition, management, and regulations of every such school, as is in the last meceding section mentioned. to be made to him at least once in eich year gy such person as ihe Governor, with the advice aforesaid, may appoint; and if upon his report the Governor,

with the advice aforesaid, is dissatisfied with the condition, manage- ment, or regulations of the school, he may withdraw his approval

reformatory school, as the case may be, within the meaning of this

from such school, and from and after notification thereof in the Government Gazette, such school shall cease to be an industrial or

Act, and shall no longer be entitled to receive aid from the general revenue: Provided, nevertheless, that the Governor, with the advice aforesaid, shall, not withdraw his ayproval of any such school until after the lapse of two months from the time that a duplicate of the report aforesaid shall be transmitted to the superin- tendent, matron, or managers of such school: Provided also that the Minister, in whose department this Act nay for the time being be administered, shall yearly lay before Parliament a report of the condition, management, and regulations, and a general account of

the receipts and expenditure of all such schools up to the last day

of December next preceding.

*

o to be deemed

34. Every boy and girl under the age of sixteen years shall be deemed to be a " child" within the meaning and for the purposes o f , ~ a. a ~

children " and "in-

A-

this Act, and in case there shall be no satisfactory evidence of the age of any such boy or girl, tlie opinion of the hurt, or Justice

2~

dealing

DestWe Persons Relief Act.-1 866-7.

dealing with him or her, under the provisions hereinafter contained shall be sufficient proof of his or her age, and every person detained

(under the provisions hereinafter contained) in any such scEmol as

aforesaid, shall be deemed to be an "inmate" thereof, within the

meaning of this Act.

What children to be

deemed "noe;lected."

35. Every child who answers to any of the descriptions herein- after mentioned shall be deemed to be a "neglected child" within the meaning and for the purposes of this Act-

I. Any child -found begging or receiving alms, or being in any street or public place for the purpose of begging or receiving alms,

rr. Any child who shall be found wandering about or fre- quenting any street, thoroughfare, tavern, or place of public resort, or sleeping in the open air, and who shall not have any home, or settled place of abode, or any visible means of subsistence.

111. Any child who shall reside in any brothel, with other than

the parent of such child, or associate or dwell with any

person other than aforesaid, known or reputed to be a thief, prostitute, or drunkard, or with any person convicted cf vagrancy under any Act now or hereafter to be in force.

IV. Any child who, having committed an offence punishable by imprisonment, or some less punishment, ought, never- theless, in the opinion of the Justices, regard being had to his age, and the circumstances of his case, to be sent to an industrial school.

v, Any child whose parent represents that he is unable to

control such child, and that he wishes him to be sent to an

industrial school, and gives security to the satisfaction of

the Justices before whom such child may be brought, for

payment of the maintenance of such child in such school,

vr. Any child who, at the time of the passing of this Act shall

be an inmate of the asylum commonly known as the

Destitute Asylum.

TII. Any convicted child who may be directed to be received

in any industrial school under the provisions hereinafter

contained.

36. Every child who shall be found by any constable under cir- cumstances which make such child a "neglected child," within the definition aforesaid, may be immediately apprehended by such constable, without any warrant, and forthwith taken before some two

or more Justices of the Peace, to be dealt with according to this Act.

4 1

Ncgloctd rh i ldrc~

to

8

be detainell.

37. Whenever any child shall hereafter be brought before any two

g

.

or more Justices, and chmged with being a

neglected child," the said

l?

Justices ahdl proceed to hear the mat&

af the aid charge, and if $he ,

it

same

Destitute Persons Belief Act.--l 866-7.

same shall be established to the satisfaction of

the said Justices, it

*am t l r -,

,,

shall be lawful for them to direct such child to be s e ~ t forthwith to

any one: of the said industrial schools, occupied by and used for his

or her sex, to be there detained for not less than six months, nor more than seven years; and no child except a ''neglected child," within the meaning of this Act, shall be sent to, or maintained at any in- dustrial school: Provided that no such child shall remain in such school after he or she shall have attained the age of sixteen years.

punishable by law, either upon information or summary conviction, be detdned.

38. Whenaver any child shall hereafter be convicted of any offence Convicted children C

it shall be lawful for the Judge, or the Special Magistrate of a 1,ocal Court before which, or for any two or more Justices by whom, such child shall be so convicted, in addition to the sentence which may then and there be passed as a punishment for thc said offence, to direct such child to be sent at the expiration of such sentence, to any one of thc reformatory schools, occupied by and used for his or

her sex, to be there detained for not less than one year or more than

seven years: and every such child shall be deemed a convicted child; and no child except a convicted child," within the mean- ing of this Act, shall be sent to or maintained in any reformatory school: Provided that no such child shall rcmain in such school after he or she shall haw attained the aye of sixteen years.

under this Act, any child shall be imprisoned under selitence for an be detained.

39. If at the time when any reformatory school is established Children in gaols to

offence punishable cither upon information or summary conviction, the keeper of the gaol wherein such child shall be imprisoned, shall take such child before two or more Justices, who may, if they think fit, direct such child to be sent to and detained in any one of the said reformatory schools, in like manner as if such chilh had been corn- mitted by them after the passing of this Act: Provided always that no such child as last aforesaid shall be sent to or detained in any re-

formatory school, unless the nnexpircd tcrm of imprisonmcnt of kuch

child shall be at least six months, nor for any longer period than

such unexpired term.

40. Whenever any convicted child has been detained in any refor- A convicted child

may be sent to indua-

.

matory school during the period for which hc was ordered to be trial sthool as

detained, m d the conduct of such child during such detention has for goad conduct+

been such as to merit his being sent to an industrial school, the superintendent of such reformatory school may bring such child before any two or more Justices of the Peace, and thereupon such Justices may order such child to be sent to some one of the indus-

trial schools, there to be maintained until such child shall attain

h

the age of sixteen years.

Justices, shall direct any " convicted child " to be detained under the

41. When the Judge, or Special Magistrate, or any two or more ~ $ ~ f " ~ $ ~ ~ ~

provisions of this Act, such direction shall not be included i n p r form any part of the judgment and adjudication of such Court or Justices,

but shax be a distinct and collateral proceeding.

42. Whenever

30' VICTORIB, NO.

12.

A

Destitute Persons Belief Act.-l 866-7.

PABT m.

42. Whenever any child shall be dlrected to be detained in any

Mandate ior deten-

tion.

school established under this Act, the Judge, Special Magistrate, or

t

Justices shall issue a mandate in such one of

the forms contained in

hhedule.

the Schedule to this Act as shall be applicable to the case.

Mandate

be a d.-

fence to actiona.

43. In every action for anything done in obedience to any such mandate as aforesaid, by any person to whom the same may be directed, or by any other person by his authority or command, it shall be sufficient for the defendant to justify under such mandate alone, without setting forth the previous proceedings, in like manner as any Sheriff can and may justify, under any writ or execution i6sued out of the Supreme Court in any civil action, and proof of the matters alleged shall be sufficient evidence in support of such plea.

and t o be authority

be O b e ~ e a ~ 44. Ewry mandate issued under this Act shall be executed and

for, an3 evidence of

obeyed by the person to whom the same is directed and delivered,

detention.

and shall be sufficient authority for the detention of the child therein mentioned, according to the exigency of such mandate, and the production thereof, accompanied by a statement signed by the super- intendent or matron of any industrial or reformatory school, that the child named in such mandate was duly received into, and is, at the signing thereof detained in such school, or has been otherwise dis- posed of according to law, shall in all proceedings whatsoever be sufficient evidence of the facts by this Act required to be stated in such mandate, and of the subsequent detention and identity of the child named therein.

Power to dischsrge

rhi1d.

45. Notwithstanding the provision lastly hereinbefore contained, it shall be lawful for the Governor, at any time during the detention under the provisions of this Act, of any such inmate as aforesaid,

t

to order the release of such inmate from the industrial or reformatory

s~hool in which he or she may be detained, and he or she shall, upon

remove any such inmate from any industrial or reformatory school the production of such order be discharged accordingly, and to

maintained at the sole expense of the State to any other indus-

trial ox reformatory school under this Act, or from any industrial or reformatory school partly maintained by private contributions, to

any other such school as last aforesaid; but no inmate shall be trans-

ferred from any industrial or reformatory school partly maintained by

J

private contributions to any other such school unless he or she shall be a member, or he or she shall have been members, of the deno- mination, or one of the denominations, by which the said last- mentioned school shall be partly maintained.

mar

be put

out to service an cer-

46, Notwithstanding any thing herein contained, it shall be lawful tory school to reside a i th soGe person to be named in the licence hereinafter mentioned, who shall be willing to receive and take

tain csnditions.

for the said Board to place any inmate of any industrial or reforma-

".

charge of, and qualified to provide for and take care of such inmate,

and to grant to such inmate a licence to reside with the person m to be named therein as aforesaid, for any term not exceeding the

,

term

30" VICTORIB, No. 12.

+

103

Destitute Persons Re&f A c t 4 866-7.

term for which such child could be lawfully kept in such industrial

PART

I I L *

or reformatory school, unless sooner called upon by the said Board to return to the said school, and to require such inmate to return

to the said school at any time during the said term, unless he

or she shall have been previously discharged as aforesaid; and it shall be lawful for the said Board to pay to such person for the care, clothing, and education of such child, until such child shall attain the age of sixteen years, such annual or other sum not exceed- ing Ten Shillings n week as may be allowed by the Governor with the advice aforesaid; and any inmate having such licence who shall abscond from the person named therein during such term, or shall neglect or refuse to return to thc said school at the expiration of the term for which such inmate shall be licensed to dwell with any such person, in case such term shall be less than the period for which such inmate was directed to be sent to such industrial or reformatory school, or when required as aforesaid, shall be helfi to have absconded from the said school: Provided always that no inmate of any refor- matory school shall be so placed out before the expiration of one half of the term of detention originally allotted.

47. The grand-parent, parent, or step father of every such inmate ~ ~ ~: ~; ~ ~; p ~; ~ n *

shall (if of sufficient ability so to do) contribute to his or her support while so detained: Provided that such contribution shall not exceed

Ten Shillings a week for the maintenance of such inmate.

48. The Destitute Board may bind any neglected child who shall neglected

Board

ohlidren.

n~prentiae

have been ordered to be sent to an industrial school, either during the term of such order or on its expiration, to be apprenticed to such useful calling or occupation as shall be approved by the Board, for a period not exceeding seven years; and such binding shall be

as effectual as if such child were of full age and by indenture bound

himself: Provided, however, that in case any such female appren- tice shaLl, previous to the expiration of the said apprenticeship, marry, or attain the age of nineteen years, then her apprenticeship

shall cease and determine.

49. Indentures of apprenticeship shall contain such covenants Form of indontutsn

and provisoes on the part of the master to whom such child shall be

'pprentiCeah'f

bound for the providing such apprentice with food, lodging, clothing, and other necessages proper for an apprentice, having regard to the condition in life of the said master and apprentice respectively, and for the due payment of the wages (if any) agreed for, and shall be

in the form prescribed by the rules and regulations aforesaid, and

shall be executed in duplicate by the Chairman of thc said Board,

on behalf of the said child, and by the master respectively.

pottion of the wages to become due to the apprentice as may be Bank.,

60. The Board may provide in any indenture that, such PIXI- F,"ig;~$,",,"p";

fixed by the Board generally, or in each particular case, shall be deposited by the master in the Savings Bank of South Australia, on account of such apprentice; and evely such deposit shall be deemed

2 8

~lnd

104 30" VXCTOBUl3, No. 12.

-

~ e & t u t e Persons Relief

Act.--1866-7.

III. and allowed as a payment to such apprentice, but shall not be with- drawn by the appren~ice without thc consent of the Chairman of the said Board until the expiration of the indentures of apprentice-

ship,

indent"m

ticeship may

of ba

appren-

aa-

51, The master of any such apprentice may, with consent of the

[email protected] with wnrcnt

said Board, assign such apprentice to any fit and proper person;

vt BOW^.

and every such assignment shall be in the form prescribed by the rules and regulntio& aforesaid, and shall be execkted in duplicate by the old and new master respectively, and the consent of the said Board shall be notified under the hand of the Chairman upon the said parts respectively, and the part'signed bp the new master shall be kept by the said Board.

Indentur~to

be void

on death of master,

52, On the death of the master of any apprentice the said inden-

but on a~~l icat ion

of ture shall cease and determine, unless within three months from

dentures may be en-

in- such death the widow of such master, or by any executor or ad-

tered into,

ministrator of smh master, shall apply by writing to the said Board

fci. mnndate directing that such apprentice shall be bound for the

residue of the t e ~ m of the original indenture to some fit and proper person, to be mentioned in such application, and the said Board may grant or refuse such application; and, if the said Board shall grant such application, they shall issue a mandate accordingly, and thereupon the like indentures shall be executed as in the case of an original apprenticeship under this Act.

On insoIveney of

master or his T ~ ~ O V R ~

53. In case the master of any apprentice shall become insolvent, and ernploy an apprentice, or shall remove from the said Province, it shall be lawful for the said Board, on the application either of the master or apprentice respectively, requesting ihem to discharge such apprentice ibr some of the reasons aforesaid, to inquire into the matter of' such allegations, and either to grant or refuse such application; and, if the said Board shall grant such application, they shall issue

indentures may be

or SO far reduced irr his circumstances as to be unable to maintain

caaoelled by board.

a mandate accordingly, and every such mandate shall release and

discharge the said master and apprentice respectively from the said

indenture of apprenticeship, and from every covenant and agreement

therein contained.

Haster give

to Board of his ro-

54. Every master to whom any apprentice has been bound or assigned shall, before or immediately on the removal of such master to some other city, town, township, district, or place than those in which such master resided when the indentures were executed, give notice in writing to the said Board of such removal or intended removal, and of the place where such master has removed or intends

~ O Y U ~.

And of death, illnesa, to remove, and so on as often as the said master shall so remove: prentice, or rbsconding ap- And the said master shall in like manner give notice to the said

Master offending 20

Board of the death, serious illness, or absconding of any such

-

bo

to

not

apprentice; and every master offending against this provision shall,

exceeding $10.

on conviction before two or more Justices of the Peace, be liable to

forfeit and pay a fine for each offence not exceeding Ten Pounds.

65. No

300 VICTORIE, No. 12.

Destitute Persons Relief Act.-1 866-7,

PART

111.

55. No person or persons to whom snch child or children shall be

No peraon to whom

apprenticed or assigned as aforesaid shall put away or transfer any

any child shall be ap-

such apprentice to another, or in any way discharge or dismiss from

prenti'ced or assigned shall dismisu or dis-

his or her service any such apprentice, without such consent as

charge such child

aforesaid, under the penalty of Ten Pounds.

from his or her service

without consent, un-

der a penalty of $10.

56. Two or more Justices of the Peace of the said Province, upon any complaint by or on behalf of any such apprentice, touching or

Two or moro Justices

made by apprentices may hear complaillts

concerning any breach of any stipulation in any indentures of

against their masters or mietresses, and im-

apprenticeship, or touching or concerning any cruelty, or other ill-

pose a fine not exceed-.

treatment of or towards such apprentice by his or hcr n~astcr

or

ing $10, or may dia- chsrgn such appren-

mistress, shall have power to hear and determine the matter of such

tice, as they see fit.

complaint in a summary way, and either to dismiss the information, or to impose any reasonable fine, not exceeding tbe sum of Ten Pounds, upon such master as a punishment for any such ill-treatment as aforesaid; and such Justices may, if they see proper, discharge

such apprentice, by warrant and certificate under their hands and

seals, from such apprenticeship.

57. Two or more Justices of the Peace, upon application or corn- Juaci,,,

be,

plaint made by any master against any snch apprentice, touching or ~ ~ " p l a i n h

against

apprentices for mis-

concerning any misdemeanor, miscarriage, or misbehaviour in such his

behaviour, and

or her service, to hear and determine the same in a summary way, g;$rish'he

and either to dismiss the information or to punish thc offender by

commitment to the nearest gaol or house of korrection, there to bk

kept in confinement on bread and water for any time not exceeding

fourteen days; and such Justices may, in his or their discretion, and

as the justice of the case may require, on the application of the

master, either with m without snch punishment, discharge such apprentice from his or her apprenticeship, in the like form and manner as hereinbefore directed.

58. Where any Justices of the Peace shall discharge any appren- Deciaion of Justices

tice from his or her apprenticeship, under the provisions of this Act, ~ O ~, " ~ a t e d

such Justice shall forthwith intimate their decision to the Board,

who shall have power if they think fit to further dispose of such

apprentice as to the said Board shall seem meet.

59. The Board or some member thereof, or some werson nomi- Board or other per-

nated by the said Board, shall once in e v e 6 year vish every such to vi8it and

sons duly appo&ted

apprentice, and ascertain whether the terms of the said indentures h& been' fulfilled; and for such purposes every such master or

n~istress shall personally produce any such apprentice, on the request of such visitor, or show sufficient cause for his or her absence.

60. The superintendent of every industrial and reformatory superintendent may

school, with the consent in writing of the said Board, shall and .f;,,,k,

manage and let estate

may manage and demise for any term not exceeding three years the

lands of, or to which any inmate of such school is seized, possessed, or entitled, and shall find may male allowances to and arrangements

with all or any of the tenants or occupiers for the time being of the

said lands, and accept nurrenders of leases and tenancies as fully and

effectually

30" V"ICTORI&, No. 12.-

Destitute YPermns Relief Act.-- 1866-7.

I".

effectually as such inmate, if of the Full age of twenty-one years,

could do.

A ~ J

mag Laliect

their

6 1.

superintendent of every industrial and reformatory

renta.

school, with such consent as aforesaid, shall and may demand, sue foi, collect, and receive all the rents and profits which shall be due to any inmate of such school, and shall and may give effectual receipts and discharges for such rents and profits, or so much thereof as shall be received; and in case of non-paymcnt of the said rents

and profits, or any of them, or any part thereof, in the name and on behalf of such inmate may enter into and upon all or any of the lands in respect of which any rents or profits shall be unpaid, and

for the same rents and profits and the costs and expenses incurred by or incidental to the non-payment thereof may distrain, and the distresses then and there found may dispose of in due course of law,

and may take and use all lawful proceedings and means for reco- vering and receiving the said rents and profits, and for evicting and

ejecting defmlting tenants and occiqiers from all or any of the said lands, and determining the tenancy or occupation thereof, and for obtaining, rccovering, and retaining possessi~n of all or any of the lands held or occupied by such defadters: Provided a correct account be kept of all moneys received by such superintendent on behalf of any inmate of such school, and yearly produced to the satisfaction of the said Board.

I.nd bring actions.

62. The superintendent of every industrial and reformatory school, when required by the said Board, shall and may, in the name

-

and on behalf of any inmate of m x h school, commence and prose-

cute! at law and in equity all actions, suits, claims, demands, and proceedings touching any lands, estate, interest, or rights of anv inmate of such school, or of his tenants therein, or thereto, or touc6- ing any matter or thing whatsoever in which any snch inmate, or

D

his d or personal estate or effects, may be. in any way interested,

affected, or concerned.

~ n a

employ agenta,

63.

Tlie superin tendent of everv industrial ahd reformatory school,

when required by the said ~ o a r d; shall and may appoint and remove any attorney or agent under him, in respect of all or any of the matters aforesaid, upon snch terms and for such remuneration as the said Board shall think fit,

6 4. Subject to the regulations to be made as hereinbefore men* tioned, all executive councillors, all members of the Legislature, all ~ u d ~ b of Courts (whether of record or otherwise), and all Justices

shall be. entitled to visit every such school as aforesaid, and shall

have admission to the same accordingly.

Ministers of religion

65, Subject to the regulations to be made as hereinbefore menb industrial and reformatory school maintained at the sole expense of the State, and may give instruction on the days and at the times -allotted by sach regulations for the religious education d the in-

to have accesr.

tioned, all ministers of religion shall have admission to every

mktes of their particular denominations respectively.

66, Every

*

-

30" VICTORIiE, No. 12.

pp pp -. -

Destitute Persons Rslief Act,--1 866-7,

66. Every person who by virtue of the provisions hereinbefore contained is entitled to visit any such school as aforesaid, and every

Visitors' book.

minister of religion may inscribe in a book (to be for that purpose provided and kept in such school by the superintendent thereof) any remarks or observations which he may think fit to make touching or concerning such school, and the superintendent, matron, teachers, officers, servants, or inmates thereof, or any of them.

Penalty for permit-

67. If the superintendent or matron of ally industrial or refor- matory school, or any teacher, officer, or servant thereof, shall negligently or voluntarily permit any inmate thereof to escape there- from, every such offender shall on conviction thereof forfeit and pay any sum not exceeding Twenty Pounds.

ting eecape.

68. If any inmate of any industrial or reformatory school shall abscond therefrom, or wilfully damage or destroy any real or personal property belonging to any such school, or wilfully neglect or refuse to ob$ or conform to any such regulation as aforesaid, such inmate (if a male) shall, on conviction thereof before two or more Justices,

Penalty for abrcond-

ing

.

be liable, at the discretion of such Justices, to be privately whipped;

and such inmate may, if he has absconded, be ordered by the said Justices to be sent back to the school, and to be there detained until

he reaches the age of sixteen years, or for such shorter period as the

Justices think fit.

69. Any person who shall directly or indirectly withdraw from any industrial or reformatory school any inmate thereof, or counsel

Penalt

for withdraw-

ing or arboring ia-

K

matem.

or induce him or her to abscond therefrom before he or she has been regularly discharged, or who knowing any such person to have been withdrawn, or to have absconded from any industrial or reformatory school, shall harbor or conceal, or assist in concealing, such person, or prevent him or her from returning to such school, shall, 011 con- viction thereof, forfeit and pay any sum not exceeding Ten Pounds,

Penalty for commu-

70. Any person who, without the authority or permission of the

nicating with persona

said Board, or of the Superintendent of the School, shall hold or

detained.

attempt to hold any communication with any inmate of any in- dustrial or reformatory school, and any person ~vho shall enter any such school, or any building, yard, or ground belonging thereto, and shall not depart therefrom when required so to do by the superin- tendent, matron, or other officer or servant of such school, shall, on conviction, forfeit and pay any sum not exceeding Twenty Pounds.

Forms in echedulo

71. The several forms in the schedule to this Act, or forms to the

deemecLvalid.

like effect, shall be deemed good, valid, and sufficient in law.

-PABT

IT.-Protection

to Officers, and General Matters.

PART

rv.

111

72. Every proceeding under this Act, for omissions, defaults, acts,

Bummary prorrdura

*or offences, to which any penalty is attached, and all applicatione for orders where no other method of proceeding is by this Act pro-

vided,

106. 30' VICTORIB, No. 12.

Destitute Persons Relief Act.-1 866-7.

- P A ~

Ire

vided, shall be had and taken and may be heard and determined in tt summary way, by any Special Magistrate or two Justices, under the provisions of an Ordinance of the Governor and Legislative ~ou&l, No. 6 of 1850, To facilitate the performance of t6e duties

of Justices of the Peace out of sessions with respect to summary con-

victions and orders," or of any Act hereafter to be in forcc relating to the duties of Justices with respect to summary convictions and orders, and all convictions and orders may be enfbrccd, as in the said Ordinance, or i n any other Act is or shall be provided.

'Prooesdings for ps-

naltier, appeals, &a.

'73. Any two Justices shall have power at any time in a summary wav to inauire into the disobedience or alleged disobedience of or no&ornphnce with any order made underUthe provisions of this Act, and to enforce compliance or punish the non-compliance with such order, either by the imprisonment (with or without hard labor) of the party offending for a period not exceeding six calendar months, unless the same shall be sooner complied with, or by the imposition of a fine of not less than Five Pounds nor more than Fifty Pounds.

F o m n O f p r ~ c ~ ~ d i ~ ~ ~

74, Every information, conviction, mandate, or warrant, under this Act, shall be deemed valid and sufficient, in which the offence is set forth in the words of this Act ; and no conviction, mandate, or warrant shall be held void by reason of any defect therein: Provided it be alIeged in such conviction, mandate, or warrant, that the party had been convicted of such offence.

~

~

to he conclu-

t

e

aive evidenco of Pro.

75, Production of the Govemmenf Gazette containing any Pro-

e ~ a m t i ~,

or school8, damation of any place as an industrial or reformatory school under

&C.

this Act, or notifying the appointment of any person as a member

of the said Destitute Board. or the appointment of any person as an

officer under this Act, hall be conclusive evidence of the matters therein contained in any action, euit, or proceeding in any Court or

Courts in the said Province.

Appcdl to Ade la id~

Local Cow t of Full

76. There shall be a11 appeal from any conviction by any Special

Jurisdiction.

Magistrate or Justices for any offence against this Act, or from any order dismissing any information or complaint, or from any order under this Act; which appeal shall be to the Local Court of Ade- laide of Full Jurisdiction only, and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of lb50, for appaals to Local Courts, or any Act hereafter to be in force regulating such appeals; but the Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as i t shall think fit, although such costs may exceed Ten Pounds.

Locd Court, upon

hearing of appeal, 77. The Local Court of Adelaide, upon the hearing of any appeal,

may atate specialru.. may state one or more special ease or eases for the opinion of the

Supreme Court, and the Supreme Court shall hear and decide such

special case or cases according to the practice of the Supreme Court

on

30 VICTORIX, No. 12.

Destitute Persons Relief Act,-1 866-7.

on special cases, and the Supreme Court shall make order as to costa

Pkm m.

of any special case as to the said Court shall appear just; and m y two or more Justices, or the Local Court of Adelaide, shall make an order in respect to the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof; which order of the Justices or Local Court shall be expressed in lnnnner provided for the enforcement of orders of Justices, under the said Ordinance No. 6 of 1850, or other Act as aforesaid; and save as herein provided, no order or proceeding of any Special Magistrate or Justices, or of any Local Court, made under thc authority of this Act, shall be appealed against, or rc- moved by certiorari, or otherwise, into the Supreme Court of the said Pwovince.

this Act, shall be paid to the Treasurer on behalf of IIcr Majesty, moneys.

78. A11 moneys received for penalties imposed for offences against Appropriation of

Her heirs, and successors, for the public uses of the said Province

and in s q ~ p o r t

of the Government thereof.

79. Wherever in any Act reference is made to any of the Ordi- f

;

~

~

~

~

$

h

~

~

~

~

nances or Acts hereby repealed, the same shall be taken to mean reperled to mean &is

. -

and include this Act.

A&.

80. If any action or suit be brought against any person for any- Actions to be com-

menced

wi~hin

six

thing clone in pnrsuance of this Act, the same shall be commenced

,,,h,

within six calendar rconths next after the act complained of (except where herein otherwise provided for); and notice in writing of such action, and the cause thereof, shall be given to the defendant one calendar month a t least before the commoncemcnt of the action; and

the defendant in any such action o~ suit may, at his election, plead

specially, or the general issue, not guilty, and givc this Act and the special matter in evidence at any trial to be had thereupon, and that the surne was done in pursuance and by the authority of this Act;

and the plaintiff shall not recover in such action if tender of sufficient

amends shall be made before action brought, or if, after action

brought, the defendant shall pay i ~ t o Court sufficient amends; but

in such last mentioned casc the plaintiff shall recover his costs of suit up to the time of payment into Court; and if a verdict shall be found

for the defendant, or if the plaintiff $hall be nonsuited or discontinue his action or suit after the defendant shall have appeared, of if, upon demurrer, j~ldgment shall be given against the plaintiff, then thc defendant shall recover double costs, and have such remedy for recovering the same as any defendant hath or may have in ordinary

cases.

In the name and on behalf of the Queen, I hereby assent to

this Act.

D. DALY, Governor.

3Q0 VVICTORIB, No. 12.

Destit~te

Persons Relief Act.-1 866-7.

SCHEDULE REFERRED TO.

Mandate for neglected Child to be sent to an Industrial School.

Whereas L B. a boy

[or

has been brought before the undersigned a Special

Magietrate [or two of Her Rfajesty's Justices of the Peace], for that he [or she] the said A. B. was found begging, &C., [or resided in a certain brothel, &C., or was at the time of the passing of the '"Destitute Psrsons Relief Act, 1866," an inmate, &C.,

or was on the

day of

18

,

convicted at the criminal

sittings of, &c,, or by and before the Local Court of, &C.,

and was on the

day of

[date

of

establishnzent of rcfornzatory school] i n prison in the

gaol at Adelaide, under sentence in such conviction:

And whereas W C have directed

the said A. B. to be sent to the Indu~tr ia l

School, at

,

for the term of

thcnca next ensuing, or until the

day of

. These

are to require yoii to whom this inandate is dirccted to take the said A. B. to the aaid Industrial School, and there to deliver him to the superintendent thereof, together with a duplicafe of this mandate; and the said superintendentis hereby required to receive the said A. B. into thc said school, there to be retained for the

last-mentioned period, unless the said A. B. shall in the meantime be discharged in

due course of law.

Given under my [or our] hand

and seal

a t

,

this

day of

18

.

To, &c.

.

M a n d a t e f o r a

Convicted Child to be sent fo a Reformatory School.

Whereas a t the Criminal Sittings of the Supreme Court [or at the sittings of

General Gaol Delivery] holden at Adelaide, before me the undersigned, one of Her

Majesty's Justices of the Supreme Court [or at a sitting of the Local Court of

,

before the undersigned, a Special Magistrate and two Justices of the

Peace], A. B., a boy [or girl], was convicted, an6 now here sentenced by the said Court to be imprisoned in the Gaol for the space of: And whereas I have directed the said A, B. to be sent at the expiration of the said sentence to the Reformatory School of for the term of, [or until the day of said A. B. to the said Rcfor~natory School, and there to deliver him to the super- 1 these are to require you to whom this mandate is clirccted to take the

intendent thereof, together with a duplicate of this mandate; and :he said superintendent is hereby required to receive thc said A. B. into the said school,

there to bc detained tor the last-mentioned period, unless the said A. B. shall in the

meantime be discharged in due course of law.

Given under my hand and seal at

,

this

day of

18

.

To &c.

Licence f o r sewice of an Inmate o f a School.

Whereas A. B, is an inmate of the Industrial or Reformatory School at

t

and whereas X. Y.: of [here state vesidence atzd occzpufion], is willing to receive and take charge of theSsaid a. B. for the term of years upon receiving the sum

of

[weekly, monthly, or annually], from the fund at our disposal, [or without

fee or reward]. These are to authorize the said X. Y. to take the eaid A. B, from the said school to serve the said X. Y., and to be by him received, kept, maintained, clothed, and educated during the said term in accordance with " Destitute Persons

Belief Act, 1866."

By order of the Destitute Board,

S. B., Chairman.

LSeal of Board].

To Mr. X. Y.

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