Destitute Persons Act 1866 (SA)
ANNO TRICESIMOVICTORIB 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,
rAsaented to, l l | th January, |
IIEREAS it is the natural duty of those persons who are ofPreambl..
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: |
1. ThisAct may be cited as the'L Destitute Persons ReliefAct, short title.
1866."
An Act to provide |
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 havea natural claim incer-*
.. |
8 of
-- |
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 thepub&
expense;" and an | |
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proceedings made, taken, or pending Gnder any of the repealed Acts previously to the commencement |
Act dividsqinto
PART | I.-The | Maintenance of Indigent Poor by their Relations: |
IT.--Establishment |
functions:
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.--The | maintenance of Indigent Poor by their Relatives: | - |
-.
Destitute person8 to
5. Every husband whose wife shall have a child or children at |
the time of his marriage, whether such children shall be legitimate | ||
| ||
of sixteen years, and such child or children shall, for the purposes of this |
titute porsone Juetice
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, | ||
7. Upon theday appointed for hearing,any two Justicesmay hear
Two
persons | |||
Destitute Persono Relief Act-1 866-7.
plaint, and may summon and require any other such persons who | ||
have not been summoned to appear at the day appointed for the | ||
adjourned hearing, and may, at the original or any adjourned hear- | ||
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 |
8. |
without adequate means of support, or where any father deserts his children
may bechildren, 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 |
9. Upan the day appointed for the hearing, any two Justices maysuch complaint tobe
hear |
way; and if they be satisfied that the wife or the children, as the | |
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 |
10. Any two or more Justices, on the complaint of any personTWO Justioos may
interested in any order for the periodical payment of any sum of |
money as aforesaid, and during the period such order continues in | force, may make further inquiry as to the ability of the person upon |
entirely remit the amount so ordered to-be paid. |
two or more Justices that |
any defendant | ,, |
aforesaid, or when | default in | ||
| |||
present,
1 |
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-
12. I f i t be made to appear upon oath, to the satisfaction of any |
two Justices, that any husband or father has desertcd his wife ' or |
his children, and has failed to comply with any order of main- | |
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. |
wifc of any husband shall be competent and compellable | ||
to give evidence for or against | |
complaints under this Act; and any husband shall be a competent witness on his own behalf. | |
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. |
' | 15. I t stlall be lawful for any two Justices from time to time to |
make such orders in writing | |
tiou of such allowance to the | |
for causing any child or children to be properly |
11.-Establishment | of Destitute Board, its duties and | |||
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 | |
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 |
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 ofAppointment 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 |
Public Service, have theadministration of all fundsvoted by Parliament | |
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 |
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
22. The said Board shall from time to time make rules and |
regulations in respect of the matters aftermentioncd; and such rules |
regulations published in the | |
evidence and judicially noticed, m d shall, until | |
and that the same were duly made and approved: | |
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:
For obtaining and enforcing orders for maintenance upon | |
who |
vrr. For the employment of the inmates of any 'asylum; and forprescribing 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 | e |
IX. For prescribing the forms of indentures of apprenticeship, andassignment 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:
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 andregulations 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 effectas
- | - - - |
p---
as if made under the powers of this Act: Provided that such rulesand 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.
their disposal to be duly and ecoilomically administered, to determine | |
the proper objects of relief, and the nature and amount thereof, to | |
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. | |
24. All relief given by the snid Board, or under the provisioas of " The Destitute Asvlum Act. 1863." to or on account of ilnv | |
" |
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 | |
covertwe, he giren to such wife in the same maimer and subject to |
the same conditioi~s | as if shc was |
25. 111 any case in which relief has been afforded to any person,cost ofpast mainte-
or the wifc a i d child of any person, and such person, or the father,, | |
grandfixthcr, mother, grandmother, husband, child or children of such person shall at any time within three years thereafter | |
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 | 26. Any person offending against |
-
thereof by two or more Justices of the
Peace, forfeit andpay a penalty not exceeding Five Pounds, or be imprisoned,at the dis-
cretion of such Justices, with or without bardlabor, for anyterm
not exceeding three |
*re- | officer administering the funds thereof, any pecuniary or other relief |
Obtainrelie' or assistance, or any goods or chattels or other property, by way ofgift 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
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. |
%
Industrial schools to
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, | |
by m d used for males or females exclusively, as the Governor, | |
with the advice aforesaid, may direct. |
RcfOrmah'y schools
this Act reformatory schools, and | 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 |
within | to |
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
that every such private school shall at all times be open to the in- | ||
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;? |
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 thisAct 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.
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 |
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, | |
the receipts and expenditure of all such schools up to the last day | |
of December next preceding. |
*
o to be deemed
A-
this
Act, and in case there shall be no satisfactory evidence of theage of any such boy or girl, tlie opinion of the hurt, or Justice
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
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, 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 thisAct shall
be an inmate of the asylum commonly known as the
Destitute
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 byany constable under cir- cumstances whichmake such child a "neglected child," withinthe definition aforesaid, may be immediatelyapprehended by such constable, without any warrant, and forthwith taken before some twoor more Justices of the Peace, to be dealt with according to this
Act.
4 1
.
neglected child," the |
l? |
it |
Destitute Persons Belief Act.--l 866-7.
the said Justices, it | ,, |
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 hisor 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, | 38. Whenaver any child shall hereafter be convicted of any offence |
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 |
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- |
. | matory school during the period for which hc was ordered to be trial |
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-
| ||
the age | ||
| ||
provisions of this | ||
42. Whenever
12. |
Mandate ior deten-
school established under this | |||
| |||
the Schedule to this Act as shall be applicable to the case. |
obeyed by the person to whom the same is directed and delivered, | |
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 | |
s~hool in which he or she may be detained, and he or she shall, upon | ||
| ||
trial ox reformatory school under this Act, or from any industrial | ||
ferred from any industrial or reformatory school partly maintained by |
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 |
for the said Board to place any inmate of any industrial or reforma- |
". | charge of, and qualified to provide for and take care | ||
+ |
Destitute Persons Re&f A c t 4 866-7.
term for which such child could be lawfully kept in such industrial | ||
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 |
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.
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 ofindontutsn
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 |
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; andevely such deposit shall be deemed
104 30" VXCTOBUl3, No. 12. -
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,
said Board, assign such apprentice to any fit and proper person; | |
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. |
but | |
ministrator of smh master, shall apply by writing to the said Board | |
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. | |
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 | ||
or SO far reduced irr his circumstances | ||
| ||
indenture of apprenticeship, and from every covenant and agreement therein contained. | ||
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 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
Board of the death, serious illness, or absconding of any such |
- | apprentice; and every master offending against this provision shall, |
on conviction before two or more Justices of the Peace, be liable forfeit and pay a |
65. No
300 VICTORIE, No. 12.
Destitute Persons Relief Act.-1 866-7,
55. No person or persons to whom snch child or children shall be |
apprenticed or assigned as aforesaid shall put away or transfer any | |
his or her service any such apprentice, without such consent as | |
aforesaid, under the penalty of Ten Pounds. | |
56. Two or more Justices | |
concerning any breach of any stipulation in any indentures of | |
apprenticeship, or touching or concerning any cruelty, or other ill- |
treatment of or towards such apprentice by his or hcr n~astcr | or |
mistress, shall have power to hear and determine the matter of such | |
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- |
plaint |
apprentices for mis-
concerning any misdemeanor, miscarriage, or misbehaviour in such his |
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 otherper-
nated by the said Board, shall once in e v e 6 year vish every such | |
apprentice, | |
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
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, | |
effectually |
effectually could do. |
6 1. | superintendent of every industrial and reformatory |
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 | |
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 | |
- | and on behalf of any inmate of m x h school, commence and prose- |
cute! at law and in |
his d or personal estate or effects, may be. in any way interested, affected, or concerned. |
Tlie superin tendent of everv industrial |
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 Justicesshall be. entitled to visit every such school as aforesaid, and shall
have admission to the same accordingly.
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 | ||
tioned, all ministers of religion shall have admission to | ||
*
- |
pp pp -. - |
66. Every person who by virtue of the provisions hereinbefore contained is entitled to visit any such school as aforesaid, and every | |||
minister of religion may inscribe in a book (to be for that purpose provided | |||
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 | |||
| |||
be liable, at the discretion of such Justices, to be privately whipped; | |||
he reaches the age of sixteen years, or for such shorter period as the | |||
Justices think | |||
69. Any person who shall directly or indirectly withdraw from any industrial or reformatory school any inmate thereof, or counsel | |||
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, |
said Board, or of the Superintendent of the School, shall hold or | |
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 | |
71. The several forms in the schedule to this Act, |
like effect, shall be deemed good, valid, and sufficient in law.
IT.-Protection | to Officers, and |
111
*or offences, to which any penalty is attached,and all applicatione fororders where no other method of proceeding is by thisAct pro-vided,
106. 30' VICTORIB, No. 12.
- | vided, shall be had and taken and may be heard and determined in | |
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 |
'Prooesdings for ps-
to |
this Act, or notifying the appointment of any person as | |
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 | |
| |
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 | |
hearing of appeal, 77. The Local Court of Adelaide, upon the hearing of anyappeal,
may atate specialru.. may state one ormore special ease or eases for the opinion ofthe
Supreme Court,and the Supreme Court shall hearand decide suchspecial
case or cases according tothe 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 | |
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 |
this Act, shall be paid to the Treasurer on behalf of | 78. |
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 | . - |
and include this Act. |
80. If any action or suit be brought against any person for any- Actions to be | menced | six |
thing clone in pnrsuance of this | |
within six calendar rconths next after the act complained of | |
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 | 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 | |
In the name and on behalf of theQueen, I herebyassent tothis
Act. D. DALY, Governor.
Whereas | 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 saidA. B. was found begging, &C.,[or resided in a certain brothel, &C.,or was at the time of the passing of the '"Destitute Psrsons ReliefAct, 1866," an inmate,&C.,
day of | , | convicted at the criminal |
sittings of, &c,, | and |
day of | of |
gaol at Adelaide, under sentence in such conviction: | And whereas |
the said | School, at | , | for the term of |
thcnca next ensuing, | 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 saidA. B. intothc said school, there to be retained forthe last-mentioned period, unless the said
A. B. shall in the meantime be discharged in
due course of law.
Given under my | and seal | a t | , | this | 18 | . |
To, | . |
Whereas a t the Criminal Sittings of the Supreme Court
[or at the sittings ofGeneral 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 Courtof
, | before the undersigned, a Special Magistrate and two Justices |
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 dayof said A. B. to the said Rcfor~natory School, and there to deliver him to the super- 1these are to require you to whom this mandate is clirccted to take theintendent 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 |
and whereas X.
Y.: of[here state vesidence atzd occzpufion], is willing to receiveand take charge of theSsaida. B. for the term of years upon receiving the sum
[weekly, monthly, or annually], from the fund at our disposal, |
fee or reward]. These are to authorize the said X.
Y. to take the eaidA. 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 theDestitute Board,
S. B., Chairman.
LSeal of Board].
To Mr. X. Y.
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