Destitute Persons Act 1872 (SA)

ANY0 TRICESIMO QUINTO ET TRICESIMO SEXTO

A. D. 1872.

No. 26.

An Act to repeal the Destitute Persons Relitf' Act, 1 866," to make

other provisions in lieu theyeof, and to provide for the establish- me~zt and mana9ement o f industrial and R ~ f i m n a t o y Schools.

[Assented to, 27th November, 1872.1

W HEREAS it is expedient to repeal the " Destitute Persons Preamble. Relief Act, 1866," and to make other provisions in lieu thereof-Be it therefore Enacted by the Governor 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 pre- sent Parliament assembled, as follows:

LL

1. This Act may be cited as '' The Destitute Persons Relief and Bhort title of A C ~.

Industrial and Retbrmatory Schools Act, 1872."

2. The "Destitute Persons Relief Act, 1866," is hereby repealed: Repeal,

Provided always that no Acts or Ordinances by the said last-men- tiooed Act repealed shall be hereby revived; and that no things done, appointments made, contracts entered into, orders or mandates made, offences committed, and penalties incurred shall, by reason of such repeal, become invalidated or condoned; and that all orders, mandates, convictions, or other proceedings, acts, and deeds made, taken, pending, or executed under and by virtue of the said hereby repealed Act shall and may be supported and maintained by virtue thereof; and also that all proceedings that may have been commenced before this Act shall come into operation, may be continued and completed under the said repealed Act.

3. In

p-

The Destitute Persons Relitfaid Idustrinl and Rt$orrnatw-- &hools

Act .187 2.

Iieterpretation.

3. In the construction of this Act, unless inconsistent with the

context or subject-matter, the following words shall have the mean-

ings hereby assigned to thern'respectively, that is to say :-

U Judge" shall. mean any Judge of the Supreme Court of the said Province:

Justices" ~hidl mean any two or more Justices of the Peace for

the said Province, and shall also mean any Special Magis-

trate of the said Province:

'' The Board" shall mean the Dcstitnte Boarcl bereinafter men-

tioned:

" Child," except in Part I. of this Act, shall mean any boy or girl

under the agc of sixteen years; and, in the absence of

positive evidence as to age, shall mean under the apparent

age of sixteen years:

'' Inniate" shall mean any destitute child, neglected child, or con- victed child admitted into or detained in any Industrial or Reformatory School; and also any person admitted into any Dcstitute Asylum, or institution, or place under the control of the Board:

&'Destitute child" shall mean any child who shall have no sufficient rncnns of subsistence apparent to the Board, or whose parents or other relatives who, by this Act are made chargeable with the support and maintenance of such child, arc in indigent circumstances and unable to support such child, or who, at the time of coming into operation of this Act, shall be an inmate of any Destitute Asylum under the control of the Board:

Neglected C1iil.d': shall mean-

I. Any cbild found begging or receiving alms, or being in any

street or public place for the purpose of begging or re-

ceiving alms:

11. 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:

111. Any child who shall reside in any brothel, or with any known or reputed prostitute, whether such prostitute shall be the parent of such child or not:

IV, Any clnild who shall associate or dwell with any person not being the parent of such child, known or reputed to be a thief or drunkard, or with any such person convicted of vagrancy:

v, Any child who, haviilg been convicted of an offence punish-

able by imprisonment, or some less punishment, o u ~ l ~ t,

nevertheless, in the opinion of the Justices, regard being

had

35" & 36O VICTOBm, No. 26. - 115

The Destitzcte Perersons Relief and Ind~strial and R<formatory Schools

Act.-1872. -----p

had to his age and the circumstances of his case, to be

sent to an Industrial or to a Reformatory School:

m. Any child whose parent represents that he is unable to

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

an Industrial or Reformatory School:

Convicted Child" shall mean any child who shall be convicted

of any offence punishable by imprisonment:

And every word importing the singular number only shall extend to and include the plum1 number, and every word importing the plural number shall apply to and include the sinqular number; and every word inlporting the masculine gender onij shnl l extend to and include the feminine gender, unless the contrary shall appear from the context.

4.	This Act shall be divided into four parts, as follows:	A C ~	divided into
parts.

PART 1.-The Maintenancc of Incligcnt Poor by their I<elations:

PART m T h e Destitute Board; its duties and functions:

PART III .--Industrial and Reformatory Gcliools; and binding their

inmates a,s apprentices:

PART IV.-Protection to Officers, and gcncral matters.

PART I.- The Maintenancc of Incliqent C- Poor by their Kelatives: PART I.

5. The father, grandfather, mother, and grandmother, and the Destitute persona t o

children and grandchildren of every poor and destitnte person who ~	~	$	by	!	~	~	~	a
is not able to support himself, shall, and at his arid their own cos~s and charges, according to his and their several abilities, relieve and maintain every such destitute person, and in default of so doing

shall be subject to the provisio~is hereinafter contained.

the time of his marriage, whether such child or children shall be wife's children. 6. Every l~usband whose wife shall have a child or children at Husband tomaintain

Irqitirnate or illegitima&; skdl bc liable to maintain such child or children as s part of his family, until such child or children shall respectiveiy attain the age of sixteen years, and such cldd or children shall, for the purposes of t l~is Act, be deemed to constitute part of such husband's family.

7. Upon npplidalion or complaint made by or on behalf of any Onupplicationofdes- tituto pePaOn8 Justice

destitute person, any Justice of the Peace for the said Province may	o issue aummone.
issue a summons requiring the relative or relatives therein named to appear before any Justices, at a time and place to be named in such summons, to show cause why he or they sho~dd not relieve and maintain, or contribute to the relief and maintenance, of such destitute person.

8. At the time and place appointed for hearing such summons,

any :J;ii;F;it.:,""~

"16 ' 35" & 36" VICTORIZ, No, 26. -- --

The Deslittcte Persons Relief a d Industrial and R~fomatory 8chools

A c t. 1 8 7 2.

P A ~ 1. any two Justices may hear and determine the matter of such com-

smmm-y way, and to plaint in a summary way, and upon such hearing, the Justices shall make Order thereon. inquire as to the person or persons who, by this Act are bound to

maintain his or their destitute relatives, and as to his or their means and ability; and, if they shall see fit, shall adjourn the further hearing of the said application and complaint, and may summon and require any other such person or persons who have not been summoned, to appear at the day appointed for the adjourned hewing, and may, at the original or any adjourned hearing, dismiss the said application, either entirely or as regards such one or more pcrson or persons so summoned as they n ~ a y consider not of sufficient ability to maintain or contribute 'to maintenance of such destitute person; and, in case they shall 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 a t which the same is to be payable, and shall appoint a person to whom and a place where such payment shall be made; m d in case two or more persons shall be found so able, the Justices shall assess the sever31 proportions upon the said persons according to their respective abilities, aud thereupon shall make an order

in writing, directing the payment of the said rate or sum or sums

so assessed accordingly.

Husband or father

deserting wife or	9. When any husband unlawfully deserts his wife, or leaves her children, whether illegitimate or born in wedlock, or his wife's children, as referred to in section 6, or leaves them, or any of them, without adequate means of support, m y Justice of the Peace may, upon i~pplication or complaint thereof made by or on behalf of such wife or children, issue a summons to such husband or father to show cause why he should not support his wife or children, and such Justice, if a Special Magistrate, may, in his discretion, issue his warrant for the apprehension of such husband
children may bo	without adequate means of support, or where any father deserts his
summoned.
or father iu the first instance.

heard by Justices in such complaint to be 10. Upon the day appointed for the hearing, any Justices may

a summary way, and hear and deterrrriue the matter of such complaicint in a summary

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

thereon. case may be, arc in fact without adequate means of support, and that tbe husband or the father is able to maintain her or them, or to contribute to her or their maintenance, such Justiccs 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 may think fit, such moderate sum or allowance as they may consider proper.

Justicee may, during	11. Any Justices, on the complaint of any person liable upon
cumenCy of

make further order to	any ordeifor the periodical payment of any sum of money as afore-
increase, lemen, or
entirely remit amount	said, and during the period such order conhues in force, may make
ordered to be paid.	further inquiry as to the ability of the person upon whom such order s I d l have been made, and increaac or lessen, or entirely remit the amount so ordered to be paid. 12. If

35" & 36" VICTORIZ, No. 26.

The Destitute Persons Relief and Industrial and l2eformatory 8chools

Act.-18'72.

-- .- - -

12. If it shall be made to appear to any Justices that any person PART I.

endeavors to evade compliance with any order hereinbefore	Justices may quire security f'or compli-
authorized to be made, or if any such person shall wilfully	ance with order, and
make default in any payment, such Justices may require such	in default may com-
person, either immediately or at some adjournment, to find such	mit to gaol.
good and sufficient surety or security, to the satisfactiou of the Justices then present, or present at any adjourned hearing, that he will comply with such order of maintenance, or that lie will not desert or leave without adequate means of support, his said wife or children; and such Justices may, in default of such surety or security being fbund, commit such person to gaol for ally pcriotl not cxceeding six months, if such order be not sooner coglplied with: Provided that it shall be lawful for any Justices to determine upou the sufficiency of any proposed surety or security, ancl to whom and in what manner the same shall bc made; and any uue .Justice of the Pcace, upon being satisfied that the same has been duly made and perfected, may order the discharge of such person from gaol or custody.
Wife and husband
13. The wife of any husband shall be cornpeteut and compellable to give evidence for or against her h~wband	competent and eom-

in all matters and com- pcllable to give

plaints uuder this Act; and any husband shall be a competent	evidence.
witness on his own behalf.
Provision as to ille-

14. The provisions of this Act, shall extend to and may be made use gitimatc children.

of by and on behalf of illegitimate children, as agairlst the fatl~cr or mother of' such children: Provided that no man shall be taken to be h e father of any illegitimate child upon the oath of the mother only: Provided also that no man shall bc adjudged to be the father of an illegitimate child upon the evidence of the iiiother, unless sac11 evidence be corroborated in some material particular by other and independent testimony: And provided also, that if it shall be shown

that, at the time such child was Fe,zotten, the mother was a cowllmon prostitute, no order sL11 be madchereunder, as against the alleged father of such child.

15. In any case where it shall appear to the ,Justices that the m h e r of niay be ordered to

mother of an illegitimate cldd is able to contribute to its support, mntribut,,

it shall be lawf~d f'or them to direct that she shall so contribute as

well as the father, in such proportions respectively 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, it shall be lawful

for the Justices to make an order in respect of her done.

16. I t shall he lawful for any Justices from time to time to make Proceedings fgr f~rcmg orders.

such orders in writing for better securing the payment and regulating the receipt of any allowance under this Act, or for insuring the due application of such allowance to the bond f icle purposes of rnain- tenance, or for causing any child or children to be properly brought up and educated.

118 I 35" & 36" VICTORIB, No. 26.

The Destitzcte Persans Relief and Industrial and Reformato: y rSdiools

Act .1872.

. PART 11.	PART	11.-Establishment	of Destitute Board, its duties and
functions:

Appointment of Des-

1'7. It shall be lawful for the Governor, with the advice of the Executive Council, to appoint a Chairman and five other persons to form a Board of Advice, to be called ' L The Destitute Board," to carry this Act into execution, and from time to time, at pleasure, to remove any member of the Board for the time being, and upou every vacancy in the Board 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.

titute Board.

D"tiea	'ha'"".	1 8. The lastly hereinbefore mentioned Chairman of the Board shall be, and he is hereby charged with the due administration of all and singular the powers and authorities hereby vested in the Board, and he shall administer the said powers and authorities, subject to the advice and control of the Board, and pursuant to the regulations of the Public Service of the said Province.
Vacancies.	19. Whenever any member of the Board shall die, resign, per- manently remove from the said Province, take the benefit of any Act for the relief of persons unable to pay their creditors in full, or be absent from six consecutive meetings of the Board, the seat of such member shall thereupon become vacant.

Questions at Board

meeting6 to be decided	20. At all meetings of the Board the determination of all ques- tions brought before the Hoard shall be decided by open voting by the majority present; and if there be an equal division of votes upon any question, the Chairnian or any member acting as Chairman at such meeting, shall, in addition to his own vote as
by open voting,
member of the Board, have a second or casting-vote. 1

Quorum of Board.	2 1. Any three members' of the Board shall be competent to act in the execution of the powers vested in the Board: Provided that, in the event of the absence of the regular Chairman, the members of the Board then present may appoint a Chairman for the occasion.
Appointment of
Superintendents.	22. The Board may, subject to the approval of the Governor vith the advice of the Executive Council, from time to time, bv order, appoint a superintendent of each asylum, school, or $%;e under their control; and the Board may also, subject to the like approval, remove such superintendent.
Superintendent of

Destitute Asylum to 23. The superintendent of the asylum in Adelaide for the relief

act as secretary.

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

secretary to the Board.

Ap~ointment of

olfloera.

24. The Board may also from time to time, by resolution of the

Board, appoint such fit and proper persons to be teachers, officers,

and

35" & 36" VICTORIB, No. 26.

The Destitute Persons Relief and Industrial and Reformatory 8chools

Ac t .187 '2.

and servants, as may be allowed by the Governor, with the advice	PART Ix,
aforesaid, and may remove such teachers, officers, and servants.

*

Service, have tlie administration of all funds voted by Parliament of Board. 25. The Board shall, subject to the regulations of the Public Functions and dutien

for the relief of the destitute poor, arid d l funds which may be given or left to them by benevolent persons, and shall have the care and management of asylums, institutions, or places for the reception and relief of destitute persons, and shall also have the control and supervision of schools for the education, employinent, and trainins up of destitute, neglected, and convicted children, and thc licensinq out and 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 inmates of any asylum, institution, place, or school so under the control of the Board.

ha" "'lw

26. The Board shall have a seal, and shall cause to be sealed or stamped therewith all orders and mandates made by them in pur- suance of this Act, and all such orders and mandates, or copies thereof, purporting to be sealed or stamped witb the seal of the Board, and to be signed by the Chairman of the Board, shall be received as evidence of the facts tl~erein stated and that t,he said orders and mandates were duly made by the Board, without any further proof thereof, unless the contrary be shown.

27. The Governor with the advice of the Executive Council, may Re~re8entkz OacOrsn

from time to time appoint such persons as he may approve, to carry into effect the provisions of this Act in outlyiug districts of the said Province, who shall be styled '' repmsenting officers ;" and such persons from time to time, may remove, and appoint others in their place or stead.

28. The Superintendent of thk Asylum and the visiting S~peridendentof

officers shall, iu all things, be subject to the direction and control o h airman,	Asylum subject to
of the Chairman of the Board.	New clause.

The Board shall from time to time make rules and regulations for the purposes hereinafter mentioned, and such rules and regula-	Board t o make r111e8
and regulations.
tions, when approved by the Governor, with the advice of the Executive Council, shall have the force of law; and a copy of such rules and regulations, published in the South Australian Go?~rrnmcnt
Gazette, shall he received in evidence and judicially noticed, and sliall, until the contrary be shown, be deemed sufficient evidence that'such rules and regulations were duly made and approved, and are of force and effect:

29.

1. For the inquiry into and ascertaining the proper objects of

relief:

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

wanderers, and other casual poor:

m, For

35" & 36O VICTORIB, No. 26.

The Destitute Persons Relief and Industrial and Reformatory Schools

A c t. 1 8 7 2.

111. For the affording out of any asylum, by their officers, of temporary relief in cases of emergency or argent ~lecessity	:
IV. For the burial of destitute persons, and the remuneration

tlierefor:

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

cleanliness amongst the iurnates of any asylum, school, or

place uuder their control:

vx. For the infliction of punisllmeut on offenders against the said rules and regulatiolis nevertheless subj ject to the provisions of this Act.

vrr. For obtaining and enforcing orders for maintenance upon persons who are by law liable to support their destitute relatives, and for obtaining reimbursement of' sunis paid for relief afforded to indigent persons, and expenses incurred in burials, from persons liable to pay the same:

nrI. For the enlployment of the inmates of any asylum, and for prescribing task-work or other lnbor to be done by persons relieved in m y asylum, and for separating into classes and keeping separate in any asylum the inrrlates thereof:

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

X. For prescribing the fornls of indentures of apprenticeship, and assignment of such indentures:

xr. For the keeping records of the proceedings of the Bonrd, and of the officers thereof, and accounts of the receipt and applicatiou of all moneys, distinguishing cases of emergency from relief ordered by the Board:

XII. For prescribing. the duties of the several officers of the Board,

and for keeping proper records, books, accounts, and

vouchers:

xrIr. For causing all children apprenticed or licensed to reside

with any person to be duly visited by some person autho-

rized by the Board at least orice in every halfayear:

xrv. For regulating the proceedings and prescribing the duties of representing and relieving officers:

Provided that until. any rules and regulations shall be made uuder the authority hereof, and in so far as such rules and regulations, when made, shall not repeal or vary the same, the rules and regula- tions made under the said Destitute Persons Relief Act, 1866," and published in the South A u s l r a l h Government Gazette of the fourth day of July, 1867, shall continue in force, and shall be of the like effect as if the same had been made under the provisions of this Act: Provided, that any such rules and regulations hereafter to be made, shall be laid before both Houses of Par-

liament within fourteen days after the making thereof, if Parliament

be

35" & 36" VICTORIAE, No. 26. 121

The Destitute Persons Relief and Industrial and Reformuttwy Schools

Act,-1872. - - -

be then sitting; or, if Parliament be not then sitting, within four- -	PART	11.
teen days after the commencement of the then next session of Parliament.

30. I t shall be the duty of the Board to determine the proper Board to determine objects of relief, and

objects of relief, and the nature and amount thereof, to cause ,, keep , accurate minutes and accounts to be kept, and a summary or report of the accounts of the Board to be laid before Parliament at least once in every year. , , , ,

31. The Board shall cause a record to be kept, showing full t;z,"t,~f children to

particulars of the age, date of reception, parentage, nationality, sex, period of detention, and religion so far as known, of all children who sliall be dealt with by the Board under this Act, and of d l dispositions of and dealings with such children.

32. All relief given by the Board, or under the provisions of Relief given to wife or children to be con-

ttle Destitute Persons Relief Act, 1866," to or on account of any sidered as given to

wife, or to or on account of any child or children under the age of husband, or father, or

mothor.

sixteen, shall be considered as given to the husband of S L Z C ~ wife, or to the father of such child or children, if he be alive, and, if not, then to the mother, as the case may be: provided that if it appear td the Board that the husband of any wife is cut 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, shall, notwitl-lstanding her coverture, be given to such wife in the same rnxnner and subject to the same conditions as if she were a widow; but nothing herein con- tained shall limit the liability of the husband or father, as tlie case may be, for such past relief.

33. In any case in which relief has been afforded to any persou, cost ofpaat mninto-

or to the wife and child of any person, and such person, or thc father,	nance may be re-
grandfather, mother, f;mndinother, husband, child, or children of
such person shall at any time within three years thereafter be of	sufficient ability to repay and r&libur~e the amount or cost of
such relief, or part thereof, it shall be lawful for any dusticcs upon the iriformation or colvplaint of' an officer of' the Board, to inquire into the matter in summarv way, and if they shall be of opinion that such person, or the" father or other relative as aforesaid, is of sufficient ability to repay the whole or part of the amount or cost of such relief, they may order such person or father, or other relative as aforesaid, to pay to such officer such sum of money either in one sum, or b y instalments, as in their judgment such person, father, or other relative as aforesaid, can reasonably afford and ought to contribute towards the past relief of such person.

34. In any case of an information under the last preceding Bonrdmsattacb

section, the Chairman of the Board may give notice in writing to a anker, &:.c.	moneys in hands of
any banker or other person known or suspected to have tlie custody or wntrol of or over any money or property of or belonging to

NN the

122 35" & 38" VICTORI-B, No. 26.

The Destitzcte Persons R&#' and irnd?~strinl and Reformato r3 SchooZs

A c t. 1 8 7 2.

PART	11.	the person sought to be made chargeable not to pay or hand heard and disposed of, and thereupon such property shall be thereby over such mane? or property until such information shall have been
attached in the hands of such banker or other person as aforesaid; and he shall pay or hand over the sum in accordance with any order which may be made by the Justices on the hearing of such infor- mation; and any banker or other person paying or handing over

-

such money or property. after receiving such notice as aforesaid, except in accordance with such order, shall be personally liable to make good the amount of money or value of the propcrty so paid or handed over, and such amount or value may be recovered by the Chairman of the Hoard accordingly.

for

rules. 35. Any person or inmate committing a breach of any of the

rules or ~ ~ g i ~ l a t i o n s heminbefore refcrred to shall, upon conviction thereof by any Justices, forfeit and pay a penalty not exceed- ing Five Pounds, or be imprisoned, at the discretion of such Justices, with OP witliout hard labor, for any term not exceeding three calendar months.

Penalty for mse prc-

tences to obtain relief. 36. Any person who shall obtain from the Board, or fkom anv

officer adulinistering the funds thereof, any pecuniary or other relief

or assistance, or any goods or cl~at,,tcls or othcr property, by way of gift or loan, by means of any false pretence; :and any person in any asvlum who shall wilfblly waste, spoil, or damage any of the wearing apparel, tools, implements, or utensils, or other property conmitted to his charge shall, upoil conviction thereof, be liable to imprison- ment with hard labor for any tcrm not exceeding six calendar months.

penalty for fraudtl- 37. If any person who shall be entrusted with or to whom shall

lent appropriation of

properly of Asylum. be lent, by way of relief or assistance, any article of wearing

apparel or bedding, or any tool, implement, or utensil, or any other

property, goods, and chattels whatsoever the property of the Board, shall fraudulently take or convcrt to his or her own use, anv such , U

property, or shdl carry away any such property, such person whether he or she shall or shall not determine the bailment, shall be guilty of larceny, and shall be liable, on conviction, to imprisonment, for not more than six calendar months, with or with- out hard labor.

P*m l lr. PART 1n.-As to Industrial and Reformatory Schools:

-

Industrial schools to

be estabiiahed. 38, I t shall be lawful for the Governor, with the advice of the Exccutive Council, to establish, for the purposes of this Act, industrial schools, and in every such school the male^ shall be kept separate and apart from the females.

Roformat0~ whooh 39. I t shall be lawful for the Governor, with the advice

$0 be established.

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

Act,

35" & 36" VICTORLJE, No. 26. 123

The Destitute Persons Relief and Industrial and Reformat09 Schools

A c t. 1 8 7 2.	- -	.-----------p	-
--

Act, reformatory schools, and in every such schuol the males shall	PART m.
be kept separate and apart from the females.

40. Destitute c'hildrcn and neglected children may hc received bv Deetitute and neg- " lected children to be

the Bozrd into any of the industrial ~ c h o d s, and whenever any received into indus-

destitute child, or ueglected child, shall be so received into any trialschools.

industrial scl~ool, such child may be detained therein, and Inay

be removed to any otber industrial school, and be there detained

until he or she shall attain the AGe of sixteen years, unless in the meantinie the father, or if there be no father, the mother of such child shall be desirous of ren~oving such child from S U C ~ school, and shall satisfy the Board that he or she is able to maintain such child, in which case the Board shall, except in the cases provided for by section 41, and except where the parent so desirous of removing any such child stlall be a lrnown or reputed prostitute, or a known or reputed thief, or drunkard, or a person convicted of vagrancy, make m order directing such child to be discharged from such school, and given over to the care of such father or mother, as the case m:iy be; and until such order shall be made, the superintendent, matron, or manag~r of any silch school, shall be and are hereby authorized to deta~n any such destitute child, or nrglected cliild, who has been so rccdved"into silcl~ school as aforcsaid, and may jlxstitjr such detention accordingly: Provided that if the father or mother of any soclt destitute cliild, or neylected, child so detaii;ed as aforesaid, shall he dissatisfied with the refusal. of the Hoard to make an order for the discharge of such child, Le or she may apply to a. Judge, who, on being satisfied by affidavit or other- wise that such father or mother is able to maintain such child, may order its dischar~e from such school, or otherwise dealt with, as directed by such ordcr.

41. If upon the admission of any destitute child, or neglected surrender of child.

child, into any industrial school, the father, or if there he no father,

the mother of sucll child shall surrender tlle care and c ~ ~ s t o d y of

such child to the Board, and shall sign a consent that such child shall remain in such school, or in some other industrial school, until it shall attain the age of sixteen years, then and in such case no ordcr shall be made for the discharge of such child before so attaining such age, without the writtea ionsent of the Board for that purpose being first obtained.

42. Any constable finding a destitute child or a iq lec ted Destitute and neg-

child, may immediately apprehend such child without any war- be taken lected children may

rant, and fbrthwith take such child before any Justices, to be dealt Justices.

with according to this Act.

43. The grand-parent, parent, or step-parent of every inmate of Parmta tributo to liable support. to con-

any industrial or reformatory school shall (if of sufficient ability so to do) contribute to his or her support for the period during which such inmate shall be detained in any such school: Provided that such contribution shall not exceed Ten Shillings per week fbr the mahtmmce of such inmate. 44. Destitute

i

3 6 O VICTORIB, No. 26,

The Destitute Persons Relief and lnrh.&rial and Reformatory Schools

Act.-1872.

PART 1x1. 44. Destitute children and neglected children only shall be sent

class childrenb a.	to, or detained at, any indostrhl school: Provided always, that
~chools.	where any such child shall be of the age, or apparent age, of twelve years, and, in the opinion of the Justices, ought to be sent to a reformatory school, such Justices may, regard being had to the age of the child and to the circumstances of the case, order sueh child to be sent to a reformatory school accordingly.
Destitute or neglected

children not t o be dc- 45. No destitnte child or ue,rrlected child shall be detained at any

tainea	of the said industrial schools aTtter he or she shall hnvc attained thc
years of age.	age of sixteen years.

Ofchildrento be

sent to reformatory	46" Convicted children only slid1 be sent to or detained at any age or apparent age of twelve mars his'been convicted Gf
S C ~ O O ~ W.	reformatory school: Provided always, that where any child of the

any oEence

puuishnblc by imprisonment, b ~ t has not been previously convicted of any ofTeilce so punishable, the Judge or Justices may order such child to be sent to an industrial sctrool if in their opinion (regard being bad to the age of the child and to the circumstnnces of the case) such child ought to be so sent.

Convicted children	47.	No convicted child shall be detained at any reforn~atory	school
not to be detained

after sirteen years. after he or she shall have attained the age of sixteen years.

N e b b a to

be detained.	48. Whenever any child shall hereafter be brought before any Justices, and be chacged with being a destitute child or a neglected child, the said dnsticG shall poeegd to hear the matter of the said charge, and if the sa*rnc shall be established to the satisfactio~i of
the Justices, it sl~all be lawful for them to direct such child to be
sent fortl~with to any one of the said industrial schools, to be there detained until he or she reaches the age or apparent a,qe of sixteen years, or for such shorter period as the Justices may thmk fit.

cOnviuted aildrento

be detained. 49. Whenever any child shall hereafter be convictedmf any offence, either upon informatiou or sulnrnnry co~lvictioo, punisl~~ble

by imprisonment, it shall be lawful for the Judge or the Justiccs

by whom such child shall he so convicted, in addition to the sentence which may tlllen and there be passed as a punishment for the said offence, to direct such child to be sent at the expiration of

R U C ~ sentence, to any one of the reformatory schools, to be there

detained until he or she reaches the age or apparent ag? of sixteen

years, or for such shorter period as the Justiccs niay think fit.

Justices to examine

into ability of person8 50. The Justices before whom any child shall be brought upon

liable for the charge of being either a destitute child or a neglected child, or

~ f ~ d e ~ t e ~ ~ d e s t i t u t ~ ~ upon a charge of having committed some offence punishablc by

and convicted children imprisonment shall, upon the hearing of such charge, and at the

time of convictioll of such offence, examine into the means and

ability to maintain such child of the persons by this Act made liable for the maintenance thereof, and upon proof thereof sueh Justices shall make an order on such parents, relatives, or other

persona

35" & 36" VLCTORPi33, No, 26.

The Destitute Persons Relief and Industvia E and Reformatory Schools

Act,-187 2.

persons for the maintenance of such child during the period of its	PART	111.
detention in any industrial or reformatory school.

51. If any child is or shall hereafter be imprisoned under sentence Childreningaole to

detained. sent to and detained in any one of thb reformatory schools, pursuant to this Act: Provided afways, that no such child as last aforesaid shall be sent to or detained in any refornlatory school unless the unexpired term of imprisonment of such cldd shall be at least six months, nor for any longer period than such unexpired term.

for an offence punishable by imprisonment, the keeper of the gaol, be

wherein such child shall beimprisoned shall take such child before m y

62. Whenever any convicted child has been detained in any A convicted childmay be sent to industrial

rcfbrmatory school duriag the period for which he was ordered to ,, ,d h, , , ,

be detained, and the conduct of such child during snch detention ~ o d c o n d u c t -

has been such as to merit his being sent to an industrial school, the superintendent of such reformatory school shall bring such child before any Justices, and thcrcupon such Justices may order such child to be sent to soxe one of the industrial schools, there to be maintained until such child shall attaiu the age of sixteen years, or for such shorter period as the Justices may think fit.

child to be detained under the provisions of this Act, such direc- of judgxnont. 58. When the Judge or Justiccs shall direct any convicted Order not to form part

tion shall not be included in, or form any part of, the judgment and adjudication of such Judge or Justices, but shall be a distiilct and collateral proceeding.

54. Whenever any child shall be directed to be detained in any Mandate foP"eten- tion.

school established under this Act, the Judge or Justices shall issue a mandate in such one of the forms contaiued in the rSchedule to this Act as shall be applicable to the case. 1 .

"I.

55. T h mandate for detention in any school, or a duplicate Mandate to be dclivcrcd with child

thereof, shall be forwarded to the superintendent or matron of the to suyorintooaoot, &c.

school, with the child, and s h u l l v c i e n t warrant for the cou-

veyance of the child thither, and the detention of such child there.

56. In every action for anything done in obedience to any such ~ ~ ~ ~ ~ ~ ~ ~ $ & ~

mandate as aforesaid, it shall be sufficient for the deGnilant to justify under such mandate alone, without setting forth the previous proceedings, in like manner as any Sheriff can and may justify under any process issued out of the Supreme Court in any civil action, and proof of the matters alleged shall be sufficient evidence in support of such plea.

57. Every mandate issued under this Act shall be executed and &fanaatetobeobesed# and t o be authority

obeyed by the person to whom the same is directed and delivered, h, d . . ,yia.n, 02

and the production thereof, with a statement annexed thereto, sigued dereueon.

by t he superintendeot or matron of any industrial or reformatory

00 school

The Destitute Persons Relief and lndzlstriul and Reformatory Xchools

A c t. 1 8 7 2.

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 dealt with according to law, shall in all proceedings whatsoever be sufficient evidence of the facts by this Act required to be stated in such maxidate, and of the subsequent detention and identity of the child named therein.

Power to discharge

ohild.

58. The Governor, with the advice of the Executive Council, at any time during the detention of' any inmate of any industrial or reformatory school, may remove any such inmate from any industrial or reformatory school to aay other industrial or reforma- tory school under this Act, and may also order the release of such inmate from the industrial or reformatory school in which he or she may be detained, and he or she shall, upon the production of such order be discharged accordingly.

Children may be put

out on ccrtrrin con- 59. Notwithstandiug anything herein contained, it shall be lawful

ditions.

for the Board to place any inmate of any industrial or refonuatory school to reside with some person to be named in the licence here- inafter mentioned, who shall be willing to receive and take charge of, and be qualified to provide for and take care of such inmate, and to grant to such inmate a licence to reside with the person so to be named therein as aforesaid for any term not exceeding. thc term for which such child could be lawfully kept in such mdustrial or reformatory school; and it shall be lhful 'for the Board to requi~c

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 afore- said; and it shall be lawful for the Board to pay to such person, for the care, clothing, and education of such child, until such child shall attain'the ageUof twelve years, such annual or other sum not exceeding five shillings a week as may be allowed by the Governor with the advice afcresaid; 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 the said school at the expiration

of the term for which such inmate shall be licensed to dwcll with any such person, in case such term shall be less than the peried for
which such inmate was directed to be sent to such industrial or re- formatory school, or when required to return as aforesaid, shall be held to have absconded from the said school: Provided always that no innlate of any reformatory school shall be so placed out before the expiration of onenthird of the term of detention originally allotted.
Board may apprentice
ohilflren.	60. At any time before the expiration of the order or mandate, authorizing the detention of such inmate in schools, thc Board map bind the inmate of any industrial or reformatory school apprentice to such useful calling or occupation as sllall be approved by the Board, for a period not exceeding five years; and such binding shall be as effectual as if such child were of full age and
by indenture bound himself.
Form of indentures

of apprenticeship.

6 1. Indentures of apprenticeship shall contain such covenants on

the

35" & 36" VICTORIX, No. 26.

The Desta'tute Persons Relief and hdt&rial and Reformatory &hook A c t. 1 8 7 2.

-- "- -

the part of the master to whom such child sball be bound with the FAET m.

Chairman of the Board for the providing snch apprentice with food, la of 1866-7, sec, 4.9.

lodging, clothing, and other necessaries proper for an apprentice having regard to the condition in life of the said master and ap- prentice respectively, and for the due payment of the wages (if m y ) agreed for, and shall be ia the forni prescribed by the rules and regulations aforesaid, and shall be executed in duplicate hy the Chairman of the Board, on behalf of the said child, and by the master respectively.

62. Tbe Board may provide in any indenture that such pro- Wages play LC de- posited In Savings

portion of the wages to become due to the apprentice as may be ~	~	~	k	.
fixed by the Board generally, or iu each particular case, s l d l be deposited in such manner. and a t such periodical times, by the master in the Savings Bank of South Australia, on account of such apprentice; and every such deposit shall be dcemed and allowed as
a payment to such apprentice, but s11d not be withdrawn by the
apprentice without tlie consent, in writing, of the Chairlmii of the Bonrd, until the expiration of the indentures of' apprenticeship,

63. The master of any such apprentice may, with coilsen t c.f the Indentures of appron- t icesh~p may bc as-

Board in writing, but not otherwise, assign such apprentice to any signed with consent

of

fit and proper person; and every such assignment shall be iu the Board. the new master, sliall be kept by tlie said Board.

form prescribed by the rules and re~ulations aforesaid, :m1 s11a11 1)e

executed in duplicate by the old and ncw niaster respectively, and

the consent of the Board shall be notified under the hand of the

64. On the death of the master cf any apprentice thc said inden- Indentures to be void on denth of master,

ture shall cease and determine, unless within three months from but qpfimtion ,f

such denth the widow of such rmster, or the executor or ad- ywf;;$E~-

ministrator of such master, shall apply by writing to the said Bonrd twed into.

for a mandate directing that such apprentice shall be bound for the

residue of the tcrm of the original ii~denturc to soinc fit ancl 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 n nlandate accordingly, and thereupon the like indentures shall be executed as in the case of an original apprenticeship under this Act, nevertheless, jor the un- expired term only of the original indenture.

65. In case the master of any apprentice sliall become insolvent, o n i n ~ o l ~ n c ~ o f master or his rcmoval,

or so far reduced in his circualstances as to be unable to n~aintain indentules may bc

and enlploy an apprentice, or shall remove from the said Province, wn"celled by Board.

it shall be lawful for the said Board, on the applicntion either of the

master or apprentice respectively, requesting them to discharge such apprentice for some of the reasons aforesaid, to inquire into tlle matter of such allegations, and either to grant or refuse such appli- cation; and, if the said Board s l d l grant such application, they shall

issue a mandate accordingly, and every such mandate shall release

and

and dischsrge the said master and apprentice respectively from the said indenture of apprenticeship, and from every covenant and agreement therein contained.

Master to give notice

to Board of his re- 66. Every master or inistress to whom any apprentice has been

moval.	bound or assigned shall, imrnediatelv on his or her relnoval to some
And of death, illness,
or abscondirrg of ap-	other city, town, township, district; or place than those in which

prentice. . such master resided when the iudentures were executed, give notice in writing to the said Board of such removal or intended removal, and of the place where such master or mistress has removed or in- tends to remove, and so on as often as the said master or mistress

Master offending to	shall so remove: And the said master or mistress shall, in like
be liable to fine not
exceeding A 10.	manner, give notice to the said Board immediately upon the death, serious illness, or absconding of any such apprentice; and every master or mistress offknding qa ins t this provision shall, on conviction before any Justices, be liable to forf'eit and pay s fine for each offence not exceeding Ten Pounds.
No person to whom

any child shall be ap- 67. No person or persons to whom suck child or children shall be

prenticed or assigned	apprenticed or assigncd as aforesaid shall transfer any such apprentice
shall dismiss or dis-
charge such child	to another, or in any way discharge or dismiss from his or her
ftvn: hi3 or her service
without consent, un-	service any such apprentice, without the consent im writing of the
der n. penalty of $10.	Board, under the penalty of Ten Pounds.

Justices may hear	68. Any Justices, upon any complaint by or on behalf of any
complaints made by

apprentices agdinst	such appentice, toucldng or co~lcerniug any breach of any
their masters or mis-	stipulation in any indentures of apprentmship, or touching or
treasef, and impose a
fine not exceeding	concerning any cruelty, or other ill-treatment of or towards such apprentice by his or her niaster or rrristress, shall have

S10, or may discharge

such apprentice, as

they see fit.

power to hear and determine the matter of' such complaint in

a summary way, and eithcr to dismiss the information, or

upon conviction to impose a fine, not exceeding the sum of Ten Pounds, or to award imprisonment for any term not exceeding two

ill-treatment as aforesaid; and such Justices may, if they see months with or without hard labor as a punishment for any such

proper, discharge such apprentice, by ,yv,zlrant and certificate under

their hands and seals, from such apprenticeship.

Justicecl may also hear

complaints against 69. Any Justices, upon application or complaint made by any

apprentices for mis-	master against any such apprentice, touching or concerning any
behaviour, &c,, and
mny punish the	rnisdemeanor, miscarriage, or misbehaviour in such his or her
offender.	service, may hear and determine the same in a summary way, and may either dismiss the information or punish the offender by commitment to the nearest gaol, pursuant to the Masters and Ser- vants Act; 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 or without such punishment, discharge such apprentice from his or her apprenticeship, in the like form and manner as hereinbefore directed.
Deoidon of Justicea

to be intimated to 70. Where any Justices shall discharge any apprentice from his

Board, or

35" & 36" VICTORIB, No. 26. * 129

The Destitute Persons Relief and Industrial and Reformatory Schools

Act .1872.

or her apprenticeship, under the provisions of this Act, such Justices

PART 1x1.

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, subject nevertheless to the pro-

visions of this Act.

71. The Board or some member thereof, or some person nomi- ~ o a r d or other per-

sons duly appointed

nated by the Board, shall once in every half-year visit every such c

,i8iL it,a,psrt

apprentice, and ascertain whcthcr the terms of the said indentures have been fulfilled; and for such purposes every such master or mistress shall personally producc any such apprentice, on the request of such visitor, or show sufficient cause for his or her absence, and every such master or mistress failing to show sufficient cause for the non-production of such apprentice shall be liable to forfeit and pay a penalty not exceeding Ten Pounds.

72. All members of the Exccative Council, all mcmbers of the Visitors.

Legislature, all Judges of Courcs (whether of record or otherwise), and all Justices shall be entitled to visit every such school as afore- said, and shall have admission to the same accordingly.

73. Subject to the regulations to be made as hereinbefore men- to have Ministers of religion

tioncd, all ministers of religion shall have admission to every industrial and reformatory school, and may give instruction on the days and at the times allotted by such regulations for the religious education of the inmates of their particular denominations respec- tively,

74. Every person who, by virtue of the provisions hereinbefore visitors7 book.

contained, is entitled to visit any such school as aforesaid, and every minister of religion may inscribe in a book (to bc for that purpose provided and kept in such school by the superintendent or matron thereof) any remarks or observations which he may think fit to

matron, teachers, officers, servants, or inmates thereof, or any of	make touching or concerning such school, and the superintendent,	them, and every such book shall be carefully preserved by every such superintendent or matron, and every superintendent or matron obliterating any such remarks or observations, or destroying any such book, or any part thereof, shall, on conviction, be liable to a penalty not exceeding Ten Pounds.
matory school, or any teacher, officer, or servant thereof, shall 75. If the superintendent or matron of any industrial or refor- :'.$::pemit-
negligently or voluntarily permit any inmate thereof to escape therefrom, every such offender shall, on conviction thereof; forfeit and pay any sum not exceeding Twenty Pounds.
wilfully violate any of the rules or regulations hereby authorized fringing rules. 76. If any inmate of any industrial or reformatory school shall punishment for in-
t o be made for the preservation of order, decency, health, or clean-
liness of the inmates of any such schools, such inmate shall be

PP brought

' 136 35" & 36" VICTORIZ, No. 26.

The Destitute Persons Relief and lizdustrial and Rejormatory Schools

A c t. 1 8 7 2. p p - p

PART ITI.

-	brought before any Justices, who shall make inquiry as to the complaint made against such inmate; and upon proof that such inmate has wilfully violated any of the rules and regulations afore- said, may, if' such inmate shall be a male, order him to be whipped in manner hereinafter provided; or in lieu of whipping, and whether such inmate shall be a male or female, order such inmate to be punished by being fed on bread and water alone for any period not exceeding seven days: Provided always that, in awarding such punishment, regard shall be had by the Justices to the age and apparent constitution of the inmate.
Ordertobeinwriting.	77. In every case where the Justices shall order bread and water diet, such order shall be in writing, and shall comply with the pro- visions in the last preceding section.
Whipping.	78. Where, pursuant to the provisions of this Act, the punish- ment of whipping is awarded by any Justices, the order, sentence, or conviction ordering such punishment shall specify the number of strokes to be inflicted; and, in the case of an offender whose age does not exceed fourteen years, the number of strokes shall not exceed twelve, and in all cases the instrument used shall be a birch rod or cane; and on the occasion of every such whipping there shall be present the superintendent or matron of the school, and the teachers and officers thereof, who shall sign in the record book
the minute recording the particulars of such whipping.
!'enalt~ for abscond-
mg.	79. If any inmate of any industrial or reformatory school shall abscond therefrom, or wilfully damage or destroy any property belonging to any such school, such inmate (if a male) shall, on conviction thereof before any Justices, be liable, at the discretion
of such Justices, to be whipped in manner hereinbefore provided,
or (whether a male or female) to be sentenced to be fed on bread and water alone, as provided by section 76, and the Justices in their
has absconded, be ordered by the said Justices to be sent back to the order shall comply with such section; and such inmate may, if he school, and to be there detained nntil he reaches the age of sixteen years, or for such shorter period as the Justices think fit.
Penalty for harboring	80. Any person who shall directly or indirectly counsel or induce, by letter or otherwise, any inmate of any industrial or reformatory school to abscond or escape therefrom, or to break his apprentice-
inmatos,
ship indentures, and abscond from his mastcr, before such inmate
shall have been regularly discharged, or before the expiration of such indentures, or who shall aid or abet any such inmate in so absconding or escaping, or who knowing any such inmate to have so absconded or escaped, shall barbor or conceal, or assist in conceal- ing, such inmate, or prevent him or her fro% returning to such school or to his master, shall, on conviction thereof, forfeit and pay any sum not exceeding Twenty Pounds, or, at the discretion of the Justices, be imprisoned for any term not exceeding two months, with or without hard labor.

81. Every

35" & 36" VICTORIB, No. 26. 131

-- U-

-

The Destitzcte Persolzs Rebicf and Industrial and R<formatory Schools

Act,-l 8'72.

Every officer of an industrial or reformatory school authorized by the Chairman of the Board, in writing under his hand and thu PART 1x1.

8 1.

Officers to have pri-

of the Board, to take charge of any child ordered to be detained vileges of constablea.

under this Act, for the purpose of conveylng such child to or from any such school, or of bringing him or her back to such school, in casc of his or her absconding or cscapir~g therc.fi.om, or refusal to return thereto, shall for such purpose, and while engaged in such duty, have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as such officer, as any police-constable or pcacc officer, duly appointed. has within his constablewick by common law or statute.

82. Any person who, without the authority or permission of the p.ena!ts for oommu- lucatmg with pereons

said Board, or of the Supe~intenclent of the School, shall hold or detabed.

attempt to hold any cokmunication with any inmate of any in-

dustrial or refbmatory school, and any person who shall cnter any

such school, or any building, yard, or ground belonging thereto, and

shall not depart therefrom whsn 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 Five Pounds.

83. The several forms in the Schedule to this Act, or forms to the Forms in Schedule

deemed valid.

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

PART IT,--Protection to Officers and General Matters: PART rv.

84. Every proceeding under this Act, for on~issions, defaults, acts, Summav procedure.

or offences, to which any penalty is attached, and all applications for orders where no other method of proceeding is by this Act pro- vided, shall be had and taken and may be heard ancl determined in

a summary way, by any Special Magistrate or two Justices, under

the provisions of an Ordinance of the Govcrnor and Legislative Council, No. 6 of 1850, " To facilitate thc performance of the dutics

of Justices of the Peace out of Sessions with respect to suinrnary con-	victions and orders," or of any Act hereafter to be in force relating
to the duties of Justices with respect to summary convictions and orders, and all convictions and orders may be enforced, as in the said Ordinance, or in any other Act is or may be provided.

65. Any Justices at. any time in a summary way may inquire into Proceedings ror

the disobedience or alleged disobedience of or non-compliance with penaltiee> &c.

any order made under the provisions of this Act, and Inay 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 Barno shall be sooncr complied with, or by the imposition of a fine of not exceeding Twenty Pounds.

86. Every information, conviction, mandate, or warrant, under Form of proceedings.

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

35" & -36" VZCTORIB, No. 26.

The Destitute Persans Relief and Industrial and R~fornaatory.Xehools

Act.-l87 2.

PART W. warrant shall be held void by reason of any defect therein: Provided it be alleged in such conviction, mandate, or warrant, that the party charged had been convicted of such offence.

Prwerty may be laid

in "The Destitute 87. In any information or complaint for any offence committed

Board." upon or in respect of any property, money, goods, chattels, or effects, under the management or control of the Board, or of any of the officers thereof, it &all be sufficient to state or allege that "the property, money, goods, chattels, or cffwts, belong to, and any offence to have been done or committed with intent to injure or defra.ud, " The Destitute Board," without any further or other name, addition, or description whatever.

@mr6r~mant Gazette 88. Production of the South Australian Governnzent Gazette, con-

to be conclueive evi-

denceofProclamation taining any rroclamation of any place as an industrial or reformatory

of BC~OOIS,	&C.	school under this Act, or notifying the appoirltmerit of any person as a member of the said .Destitute Board, or the appointment of any person as an officer under this Act, shall be conclusive evidence of the facts therein stated in any action, suit, or proceeding in any Court or Courts in the said Province.
*ppedto

Local Court of Full 89. There shall be an 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 horn any order made by Justices under this Act; which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the pro- ceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to 1,ocal Courts, or any Act hereafter to be in force regulating such appcals; but the Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

Local Court, upon

hearing of appeal, 90. The Local Court of Adelaide, upon the hearing of any appeal, may state one or more special case or cases 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 special cases, and the Supreme Court shall make order as to costs of any special case as to the said Court shall appear just; and a-ny 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; which order of the Justices or Local Court shall be expressed in manner 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 the authority of this Act, shall be appealed against, or removed by certiorari or otherwise, into the Supreme Court of the said Province.

may state special case.

Appropriation of	91.	All moneys received for penalties imposed for offences against
PUM8PB.

this

35" & 36" VICTQRIB, No. 26.	133
-- ---.

The Destitute Persons Relief and Industrial and Reformutoy 8chools

A c t. 1 8 7 2.

this Act shall be paid to the Treasurer on behalf of Her Majesty, PART	- -	XV.
Her heirs, and successors, for the public uses of the said Province,
and in support of the Government thereof.

92. Wherevcr in any Act reference is made to any of the Ordi- References in other

nances or Acts hereby repealed, the same shall be taken to mean ,pealed to	Acts to Acts hereby
and include this Act.	~ c t.

93. If any action or suit be brought against any person for any- Actions to be corn- monced within six

thing done in pnrsuauce of this Act, the same shall be commenced cabnaar

,,th,

within six calcndar months 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 at least before the commencement of the action; and the defendant in any such action or suit may, at his election, plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; 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 defen- dant shall pay into Court sufficient amends; but in such last mentioned case the plaintiff shall recover his costs of suit up to time of payment into Court; and if a verdict shall be found for the defendant, or if the plaintiff shall be nonsuited or discontinue his action or suit after thc defendant shall havc appeared, or if, upon demurrer, judgment shall be given against the plaintiff, then the defendant shall recover double costs, and have such remedy for recovering the same as any defertdant hath or may h;+re in ordinary cases.

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

assent to this Rill. '

JARIES FERGUSSON, Governor.

SCHEDULE.

TORIB, No. 26. -

The Destihcte Persons RsZief and Industrial and Reformatory 8chool.v

Act.-1872.

SCHEDULE REFERRED TO.

M ~ n d a t e ~ f o r neglected Child t o be sent to an Industrial School.

Whereas A.B. a boy [or girl] has been brought before the undersigned a Special Magistrate Lrjr two of Her Majesty's Justices of t h ~ 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 b b The Destitute Persons Relief and Industrial and Reformatory

Schools Act, 1872," 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 Ldate of establislment of

reformatory school] in prison in the gaol of Adelaide, under eentence in such convic-

tion: And whereas we have directed the said A.B. to be sent to the Industrial School, n t, for the term of thenre next ensuing, or until the

day of : These are to require you to whom this mandate

is directed to take the said 1i.B. to the said Industrial School, and there to deliver him to the superintendent thereof, together with a juplicate, of this mandate; and the said superintendent is hcreby required to receive the said A.B, into the said school, there to be retained for the last-mentioned period, unless the said A.B. shall in the meantime he discharged in due course of law.

Given under my [or our] hand and seal at	,	this	day of	18	,
To, &c.

iWandate fbr a Convicted Child to be sent to a Reformatory Sc,%ool.

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

General Gaol Delivery] holdcn at Adclaide, before me the undersigned, one of Her

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

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

Peace or two of Her Majesty's Justices of the Peace], A.B., a boy [or girl], was

convicted, and now here sentenced by the said Court to be imprisoned in the

gaol for the space of : And whereas l have directed the said A, B. to be

sent at the expiration of the said sentence to the l-teformatory School of for

the term of [or until the day of 1 these are to require you to whom this mandate is directed to take the said A. B. to the said Reformatory School, and there to deliver him to the superintendent thereof, together with a duplicate of this mandate; and the saici superintendent i u hereby rcquircd to rcccive the said

A. B. into the said school, there to be detained for 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 , th i s dayof 18 .

To, &c.

Liceme for service of ast Inmate of n School.

Whereas A. B. is an inmate of the Industrial or ReformatorySchool at

and whereas X. Y. of [heve state residence and occupation], is willing to receive and take charge of the said A. B. for the term of upon receiving the sum

of [weekly, monthly, or annually], from the fund at the disposal of the

Destitute Board [or without fee or reward]: These are to authorize the said X. P. t o take the said 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 " The Destitute Persons Belief and Industrial and Reformatory Schools Act,

1872."

By order of the Destitute Board,

S.B., Chairman,

To Mr. X. Y. [Seal of Board].

I, the said X. Y., agree to receive and take charge of the said A. B. upon the

terms of the above licence, in consideration of receiving [his or her j services subject

to the provisions of " The Destitute Persons Relief and Industrial and Reformatory

Schools Act, 1872," in all things.	X. E'.
Licence

p- 35" & 36" VICTORIZ, No. 26.

The Destitute Persons Relief and Industrial and Rej-ormatory Schools

Act.-1172.

Licence f o r the Adoption o f an Inmate o f a School.

Whereas is an inmate of the School, at

and whereas OF is willing

to adopt and take charge of the said	for the term of
years:

These are to authorize the saiJ to take the said

from the said School, to be by h received, kept, maintained, clothed, and

educated during the said term in accordance with the Destitute Persons Belief

and Industrial and Reformatory Schools Act, 18'72 ;" the said to

furnish a report from the schoolmaster or schooln~istress	of the school attendance
and educational progress every six months.

By order of the Destitute Board,

TO Chairman.

Dated at Adelaide, this day of 187

I, the said , hercby agree to adopt and take charge of the said

and maintain, clothe, and educate pursuant

to the provisions of "The Destitute Persons Relief and Industrial and Reformatory

Schools Act, 1872," in all things and to fulfil the terms of the above licence.

Ststc residence and occupntion.

-

Surrender of ChiZdren to the care of the Destitute Board by the Parsnf.

To the Chairman of the Destitute Board.

Sir-I, of

being destitute, do hereby make application for the admission of my child

hereunder named and designated, to the Industrial School, at Magill, them to be

maintained and educated under the provisions of The Destitute Per~ons Relief and

Industrial and Reformatory Schools Act, 1872 ;l' and I, the above-named

do hereby voluntarily surrender aged

years,

being my child to the care and cu~tody of the Destitute Board, Adelaide, South Australia, subject to all the provisions and regulations of " The Destitute Persons Relicf and Industrial and Reformatory Schools Act, 1872.''

The said child being I desire that

be educated in that faith,

Witness my hand this day of 187

Signature

Witness

Chairman.

___L__ ---

Adelaide: By authority, W. C. COX,