Destitute Persons Act 1881 (SA)

ANNO QUADRAGESIMO QUAR'I'O ET QUADRAGESIMO
QUINTO
An Act to repeal "The Destitute Persons Relief and Industrial and Reformatory Schools Act, I 872," and to make other provisions in lieu thereof:

sselz ten to, Nove~n

6er r 8th, 1881.1

HERlEAS it is expedient to repeal " The Destitute Persons Preamble.

W Xetelief a d

Industrial and Reformatory Schools Act, 1872,"

and to make other provisioris 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 present Parliament assembled, as follows:

under the said repealed Act.

4.4' & 45' VICTORIE, No. 210.

1, This Act may be cited as " The Destitute Persons Act, 1881,"

Short title of A C ~.

2. The Destitute Persons Relief and Industrial and Reforma- R,,I.
tory Schools Act, 1872," is hereby repealed: Provided always that no Acts or Ordinances by the said lastmentioned Act repealed shall be hereby revived; and that no things done, appointments made, contracts entered into, orders or n~andates made, offences committed, and penalties incurred, shall, by reason of such repeal, become irivalidated or condoned; and that all orders, mandates, con- victions, or other proceedings, acts, and deeds made, tnkcn, pending, or executed under and by virtue of thc said hereby repealed Act shall and may be supported and maintained by virtue thereof; and also that all proccerlings that may have been commenced before this Act shall come into operation, may be continued and compktcd

Tke Destitute Perms Act.-1 88

ate.

$3,

In the construction of this Act, unless inconsistent with the

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

ings hereby asgigned to them respectively, that is to say-

" Judge " shall mean any Judge of the Supreme Court of the said
province :
c: Justices" shall mean any two or more Justices of the Peace for the said province, and shall allso mean any Special Magistrate of the said province:

The	Board " shall mean the Destitute Board hereinafter men-

tioned :
Child," except in Part I. of this Act, shall mean any boy under the age of sixteen years, or any girl under the age of eighteen years; and, in the absence of positive evidence as to age, shall mean under the apparent ages of sixteen and eighteen years respectively:

Inmate " shall mean any destitute child, neglected child, or con- victed child admitted into or detained in any Industrial or Reformatory School, or who shdl be elsewhere under the control of the Board; and also any child born in, or person admitted into, any establishment under the control of the Board; and also all illegitimate children under the control of the Board; and also any person admitted into any Destitute Asylum, or institution, or place under the control of the Board:

c' Destitute Child " shall mean any child who shall have no sufficient
means of subsistence apparent to the Board or any two Justices of the Peace, or whose parents or other rclativ& who,
by this Act are made chargeable with the support and main-
tenance of such child, are 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 Deh-

tute Asylum, Industrial or Reformatory School, or other

institution or place, under the control of the Board:

Neglected CXdd " shall mean-
I. Any child found begging or receiving alms, or being in any

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

ceiving alms:

XI. 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:
m. Any child who shall reside in any reputed brothd, or with any known or reputed prostitute, whether such prostitute shall be the parent of such child or not:
W. Any child who ~ihall associate ox dwell with any person not
being the parent of the child, known ox reputed to be a
thief or drunkard, or with any such person convicted of vagrancy: v. Any

44" & 45" VICTORIW, No. pro.

. --

The Destitute Persons Act.-1881,

,."-	.. v----- .- -- ----.--

v. Any child who, having been convicted of an offence punish- able by imprisonment, or some less punishment, ought, neverthclcss, in the opinion of the Justices, regard being had to the circumstances of his case, to be sent to an Industrial or to a Reformatory School:
vr. Any child who~e parent represents that he is unable to control such child, and that he wishes him to be gent to
an Industrial or Reformatory School:
w r. Any illegitimate child whose mother or friends are not, in NW.
the opinion of the Board, in a. p-osition to maintain such
child:
Convicted Child" shall mean any child who shall be convicted
of any offence punishable by imprisonment

4, This Act shall be divided into five parts, as follows-	~ c t
m-

divided into

PART

I.-The

Maintenance of Indigent Poor by their Relations:

PART

11.-The

Destitute Board; its duties and hnctions:

PART

111.-Industrial

and Reformatory Schools; including placing

out the children with foster-parents, and binding their inmates
as apprentices:

PART	IY.-The Supervision of all Illegitimate Children born in Establishments under the control of the Destitute Board, and of all other children nursed by foster-mothers, with provisions and powers for licensing all such foster-mothers:

PART

v.-Protection

of Officers, and General Matters.

PART I.

PART

THE MAINTENANCE OF INDIGENT POOR BY THEIR
RELATIVES.

5. The father7 grandfather, mother, and grandmother, and the Ds~titute

pemns to

children and grandchildren of every poor and destitute person who :$%vd	by
is not able to support himself, shall, at his and their own costs 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 provisions hereinafter contained.

6, Every husband whose wife shall have a child or children at Husband to maintain
the time of his marriage, whether such child or children shall be wife's children.
legitimate or illegitimate, shall be liable to maintain such child or
children as a part of his family, until such child or children shall
respectively attain the ages, if a boy, of sixteen years, and if a girl,
of eighteen years, and such child or' children sllall, for the purposes
of this Act, be deemed to constitute part of such husbaxds family.

7, Upon application or complaint made by or on behalf of any *nap~licationofd*

t ~ t ~ t e

persona J-iw

destitute person, any Justice of the Peace for the said province may to isme m-,
issue

I,	44* & 45' VICTORIW, No. 210.

PART	I.	issue a summons requiring the relative or relatives thercin named
to appear before any Justices, at a time and place to be named in such summons, to show cause why he or they should not relieve and maintain, or contribute to the relief and maintenance, of such destitute person.

T W O J U ~ ~ C B B

t~hear

8, The place appointed for hearing such summons shall be as

such application in a

to near as can conveniently be found to the locality in which such des-

m k e order d&eon.	titute person shall he risidinr, at the time when such summons shall be iss&d, and at the time a d place appointed for hearing such sum- mons, any two Justices may hear and determine the matter of such complaint in a sunlnlnrg may, and upon such hearing, the Justiccs shall inquire as to the person or persons who, by t,his 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, .may adjourn the further hearing of the said application and complaint, and appoint a time,
and the same or some other place for hearing the said adjourned sum-
mons, 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 hearing, and may, at the original or any adjourned
hearing, dismiss the said appIidition, either entirely or as regards
such onc or more person or persons so summoned as they may coneidw not of sufficient ability to maintain or contribute to main- tenance of such destitute per$n; and, in case they shall find any person or persons so able, shall fix such a modcrate sum or rate as in their di~icretion 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 n place where such payment shall be made; and in case two or more pursons shall be found so able, the Justices shall assess the scvcral proportions upon the said persons according to their respective abilities, and thereupon shall make an order in writing, directing the payment of the mid rate or sum or sums so assessed accordingly.
HWWO~ father

deserting wife or

9, When any husband unlawfully deserts his wifc, or leaves her

Ehildrm my	without adequate means of support, or ~vllerc any wife, who has
summoned.	been deserted by her husband, or any mother who is a widow, deserts her cllildren or leaves tlwn crr ky of them without adequate means of support; or where any father cteserts his children, whether illegitim3te or burn in wedlock,*or his wife's children, na referred to in section 6, or leaves them or any of them, without adequate means of support, any Justicr of thc Pcace may, upon application or complaint thereof made by or on behalf of such wife or children, issue a summons to such husband, wife, widow, or father, to show cause why he or she should not support his wife or his or her children,
and such Justice, if a Special Magistrate, may, in his discretion,
issue his warrant for the apprehension of such husband, wife, widow, or father in the first instance.

10. Upon the day appointed for the hearing, any Justices may
W-
rnbp~st iceai.
wend hear and determine the matter of such complaint in a eunlrnary

way ;

44' & 45" VICTORIE, No. 210.
The Destitute Persons Act.-1881,

way; and if they bc sntiafiad that the wife or the children, as the

PART

case may be, are in fact without adequate means of support, and o r a m b e mah
that the husbantl, or tllc mother as aforcsnid, or the father is able to therwn.
maintain her or thcm, or to contribute to her or their maintenance,
such Justices shall malcc an order in writing, directing him orher topay
either weeklyor monthly, at thcir discretion, and to such person and
in such manner, for her or their use, as such Justices may think fit,
such moderate sum or allowancc as they may consider proper.
11. Any Justices, on the complaint of any person liable upon or Jwticeamay,dllring
entitled to the benefit of any order for the periodical payment of any C d ~ ~ ~ ~ ~ r ~; P,

sum of money as aforesaid, and during the period such orcler con- increase, lessen, or

entirely remit amount

tinues in force, may make further inquiry a y to the ability of the

to be paid.

person upon whom such order shall have been made, and increase

or lessen, or entirely remit the amount so ordered to be paid,

12. If

it shall be made to appear to any Justices that any person $hcea

my "p-

endeavors to evade compliance with any order hereinbeforc ~ ~ t ~ f o r * m p ~ -

ance with order, and

authorised to be made, or if -any such person shall wilfully make in default maycan-
default in any payment, such Justices may require such person,
either immediately or at some adjournment, to find such good and
sufficient surety or security, to the satisfaction of the Justices then
present, or present at any adjourned hearing, that he or she will
comply with such order of maintenance, or that he or she will not
desert or leave without adequate means of support, h i said wife, or
his or her children; and such Justices may, in default of such surety
or security being found, commit such person to gaol for any period
not exceeding six months, if such ordcr be not sooner complied
with: Provided that it shall be lawful for any Justices to determine
upon the sufficiency of any proposed surety or security, and to whom and in what manner t,he same shall be made; and any one Justice of the Peace, upon being satisfied that the same ha been duly made and perfected, may order the discharge of such person from gaol or custody,

13. The wife of any hushand shall be competent and compellable wit. md huband

to give evidence for or against her husband in all lnattcrs and corn- ;

;

plaints under this Act; and any husband shall be a competeot e~dence.
witneas on his own behalf.

14. The provisions of this Act shall cxtenci to and may be made 13roPiaim

to ills-

use of by and on behalf of illrgitimate children, as against the gibteab.
father or mother of such children: Provided that no man shall be
taken to be the fathcr of any illegitimate child upon the oath of the
mother only: Provided also that no m m shall be adjudged to be
the father of an illegitimate cl~ild upon the evidence of the mother,
unless such evidence be corrobor~ted 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 begotten, the
mother was a common prostitute, no ordcr shall be made hereunder,
as against the alleged father of such child.
15. In
44" & 45' VICTORIAZ, No. 210.
TAe Destitute Persms Act-1881.

PAXT

16. In any w e where it shall appear to the Justices that the

Ye	mother of any child, whether legitimate or illegi timate, is able t o
mas a ~~	oontribute to its support, it shall be lawful for them to direct that
c~ntribote~	she shall so contribute as well zrs the father, in such proportions respectively and in such manner as such Justices shall think fit;
and if in any case it shall appear that the mother only is of such
ability, it shall be lawful for the Justices to make an order in re;spect of her alone.

~aceadinger

for

16. Tt shall be lawful for any Justices from time to time to make

mhi.Bh.

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 bmui file purposes of main

tenancc, or for causing any child or children to bc properly brought

up and educated,

PAX* n.

PART

IT.

ESTABLISHMENT OF DESTITUTE BOARD : ITS DUTIES
AND FUNCTIONS.

Appointment of!

17, It shall be lawful for the Governor to appoint a Chairman

DwituteBoua'

and five other persons to form s Board of Advice, to be called

The Destitute Boaxd," to carry this Act into execution, and from

time to time, a t pleasure, to remove any member of the Board for

the time being, and upon every vacancy in the Board to appoint

some other fit person to the said office; and until such new appoint-

ment it shall. be lawful for the surviving or continuing member or

members to act

if no auch vacancy had occurred.

DU*

of hai inn an.

18. 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 h a r d, and pursuant to the regulations

of the Public Service of the said province.

~ a ~ ~ l o i ~.

19. Whenever any membey 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 without the
conwnt of the Board, the seat of such member shall thereupon
become vacant.
Q i w t h s at Baard

meeting to Be decided

20. At all meetings of the Board the determination of all ques-

tions brought before the Board shall be decided by open voting by the majority present; and if there be an equd division of votes upon a y question the Chairman, or any member acting as Chairman at
such meeting* shall, in addition to his own vote as member of the
Board, have a second ox casting-vote.
44' & 4 5 O VICTORIA$ No. 210.
The Destitute Persons Act.-1881.

21, Any three members of the Board shall be competent to act

PART

rr.

in the execution of the powers vested in the Board: Provided that, ~ ~ o t u m	of Board.
in the event of the absence of the regular Chairman, the members of the Board then present may appoint a Chairman for the occaeion.

22. The Board may, subject to the approval of the Governor, by Appointment ot

order, appoint a superintendent of each asylum, school, or place superintendents.

under their control; and the Board may also, subject to the like

approval, remove such supcrintendent.

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

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

and servants, as may be allowed by the Governor, and may, by

resolution of the Board, remove such teachers, officers, and servants,

and appoint others in their stead.

24. The Board shall, subject to the regulations of

the Public Functions d d u t i w

Service, have the administration of all funds voted by Parliament of Board.

for the relief of the destitute poor, and all 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 of all children born in any establishment

under thc control of the Board, allif of all other illegitimate children

nursed by any foster-mother outside of such establishments, with

power also, as hereinafter is provided, to grant licences to any suitable

persons to act as foster-mothers; and shall also have the control and

supervision of schools, as hereinafter mentioned, for the education,

employment, and training up of destitute, neglected, and convicted

children, and the licensing ont 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.

25. The Hoard shall have a seal, and shall cause to be sealed or Board to haye a d.

stmlped therewith all orders and manclntes madc by thcm in pur- suance of this Act, and all such orders and mandates, or copies thereof, purporting to be sealed or stamped with the seal of the Board, and to be signed by the Crllairinan of tllc Board, shall be received as evidence of the facts thercin stated, nnci that the said orders and mandates were duly made by the Bo~lrtl, without any further proof thereof, unless the contrary be shown.
26. The Governor, may from time to timo appoint such persons Representing of8ce~.
as hn may approve, to carry into rffcrt the provisions of this Act
in outlying districts of the said province, who shall be styled
" representing offiocrs ;" ancl mny removc such persons from time
to time, and appoint others in their place or stead.

27,

The Superintcndcnt of

tht: Asylum and thc tcprcscnting and s ~ p e r i n ~ d ~ t o f

visiting officers, and all other officers and servants employed in Chairman"

Asylum subject to

the
44' & 45' VICTORIA?, No. 2x0.
The Desh'ture Persons Act.--1 8 8 1.

p*?

IL.

the mveral institutions tinder the control of the Board. shall, in ttll

things, be subject to the direction and control of the '~ ln i rman

the Board.

28. The Board may from time to time make rules and regulations lations, when approved by the Governor, shall have the force of law; and a copv of such rules and regulations, published in the Government

~tcoua

to mabe rulee

a d	l~gdatim.	for the purposes hereinafter mentioned, and such rules and r e p -
Gazette, shall be received in evidence and judicially noticed, and shall,
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-

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

relief:
Ir. For the admission of persons into any asylum, being way- farers, wanderers, and other casual poor:
m. For the affording out of any asylum, by their officers, of
tempontry relief in cases of emergency or urgent necessity:
xv. For the burial of destitute persons, and the remuneration
therefor:
v. For the maintenance of order, discipline, decency, health, and cleanliness amongst the inmates of any asylum, school, or place under their control:
71, For the infliction of punishment on offenders against the

said rules and regulations, nevertheless subject to the pro-

visions of this Act:

vrr. For obtaining orders for maintenance upon persons who are by law liable to support their destitute relatives, and for obtaining reimbursement of sums paid for relief afforded to ixldigent persons, and expenses incurred in conuection with providing transport, medical assistance,

to pay the same:

and burials for such indigent persons, from persons liable

VIIL For the employment of the permanent or casual inmates of any asylum, and for prescribing taskwork or other labor to be done by persons relieved in any asylum, and for sepa- rating into classes and keeping separate in any asylum the inmates thereof:
rx. For the prosecution of offender8 againt this Act, or the
rules and regulations made in pursuance thereof:
X. For prescribing the forms of indentures of apprenticeship,
and of licences for adoption of children, or placing children
out for service, and for the assignment or tranafer of any
such indentures or licences respectively:
XI. For the keeping records of the proceedings of the Boa~rd,

and

44" & 45" VICTORIR, No. 210.
The Destitute Persons Att.-188 1.
ancl of the officers thereof, and accounts of the receipt and application of all moneys, distinguishing cases of emergency from relief ordered by the Board:

xrx. For prescribing the duties of the several ~~fficrrs

of the Board,

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

XI	rl. For causing all children apprenticed or licensed to relride with any person to be duly visited by some person aotho- riscd by the Hoard at least once in every four months:

srv. For regulating the proceedings and prescribing the duties
of representing and relieving officers:
sv. For the einploymcnt and control of m y woman who may bc an inmate of the Lying-in Home or wards at any institution under the control of the Board, and for the better care and rearing of their infants, and of a11 infants placed out with foster parents, as provided for in Part IY. of this Act :

Provided that until any rules and regulations shall be made under the authority hereof, and in so far as such rules and regulations, when made, shnll not repeal or vary thc same, the rules and regu- lations made under the said " Destitute Persons Relief and Indus- trial and Iteformatory Schools Act, 1872," and publislled in the Government Gnzettc of the fourteenth day of May, one thousand eight hundred and scventy-three, or any snhseqncut rnodificrttions or altcra- tions of the said rules and regulations, shall continue in force,and shall be of the like effcct as if the same had been made under the provisions of this Act: Frovidctl that any such and regulations hercaft er to

bc made shall be laid before both Houses of I'arliameiit within four-

tecir days after the nmking thereof, if Parliament be then sitting; or, if Parliament be not then sitting, within fourteen days at'ter the com- rnencement of the the11 liext Session of Parliament.

29. It shall be the duty of tlrc Board to detcrminc! the proper Domi

to ktemine

objjp~ts

of relief, and

objects of relief, and the nature and amount tl~creof, to cause to ~,,,o,,,

p,.

accurate minutes and accounts to be kept, and a summary or r e ~ o r t

of the receipts and cspenditurc of the 13o:ud to bc laid before

L'arlinrnent at least once ill every year.

particulars of the agr, clatc of reception, pnrcntngr, nationality, HT.

30. Thc Board shall cansc a rrcord to bc krpt, showing full Fi$eOf

~'eriod of detention, and religion so far as known, of all children and other inmates who dlidl be dealt with by the Uonrd m~dcr this Act, and of all dispositions of arid dralings wit01 such cliilchn or inmates,

31. All wlicf given by the Board wl drr the provisions of this Act ~ f $, f; ~ ~: ~ ~ ~ n -

to OF on account of

any wife, or to or on i t c c o u t of

any child or *idwed as given to

children under t,ha ogcls of siattvn or ridltcrll ymrs ~~rspoctivdy,

as huaband, or father,

".	or ~wthcr.

before named, shidl be considered as given to 'thc ilnsbaud of surh

wife

0-210
4 4 O & 4 9 VICTORIkE, No. 210.
me Dest&.de Persans Act. -1881.

,. Y m ~	Ir*	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 to the Board that'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 or children under the ages aforesaid,
shall, notwithstanding her coverture, be given to such wife in the same manner and subject to the same conditions ELS if she were a widow ; but nothing herein contained shall limit the liability of the husband or father, as the case may be, for such past relief.

M d W main*

DSllOQ m y be ISCO-

32, In any case in which relief has been afforded to any person,

mrd.	or to the wife and child of any person, and such person, or the father, grandfather, mother, grandmother, husband, child, children,
or grandchildren of such person shall at any time within six years
thereafter be of sufficient ability to repay and reimburse the amount or cost of such relief, or part thereof, it shall be lawful for any Justices, upon the information or complaint of an officer of the Board, to inquire into the matter in a summary way, and if they shall be of opinior, that such person, or the father, or other relative as aforesaid, is of suffi- cient 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 by instahents as in their judgment such person, father, or other relative as aforesaid can reasonably afford and ought to contribute towards tbe past relief of such person.

Onua of proof.

33.

Upon any trial of any complaint made by or with the authority

of the Board for the recovery from any relatives of any sum of moncy
under this Act, the onus of proving that the person complained of is not a relative, or that such relative is not of sufficient means, or that any inmate is of sufficient means, shall lie upon the defendant, who shall be competent and compcllable to give evidence touching tLe matter of such complaint: Provided, however, that this section shall not apply to any information laid under section 14.

Powerto charge and

sen lands and equit-

N. If any such person, or father, or other relative against whom

able intemts.

any order shall have been ilzade shall be possessed of any estate or interest, whether legal or equitable, in any lands, whether freehold or leasehold, it shall be lawful for the Chairman of the Board to make application, in writing (such application to be accompanied by a copy of the said order, verified by the scd of the Board), to the Master of the Supreme Court requiring such master to register such order as hereinafter mentioned, and upon the receipt of such appli- cation and verified copy of such order as aforesaid, such master shall forthwith register such order as a judgment in the said Suprenie Court as in an action wherein the said Chairman of the Board is plaintiff, and the person against whom such order shall have been made ia defendant, and upon such registration the said Chairman of the Board as such plaintiff shall have all the rights and remedies of a judgment creditor in the said Supreme Court a8 regards the issue and levying of any writs of execution or orilcrs for attachment, and shall be entitled to recover his costs of and incidmtal to any such applioation and judgment, and for all proceedings taken and had

under

44" & 45' VICTORIK, No. 210.

27ze

Destitute

Persons

A c t. 1 8 8 1.

under such judgment, and intcrcsc thercon, irrespective of whether

Pnnr 11.

the amount for whicli such order shall have been entered as a

judgment is undcr the mm of Twenty Pouncls or over that sum.

35. If any such person against whom such an order shall have Caveats.
been made is possessed of m y land undcr the operation of the " Real Property Act of 1861," or any Act or Acts amending the same,
it shall be lawful for the said Chairman of thc Boarcl, either in lieu of or concurrently with the procedure mentioned in the last preceding clause, to lodge with the Registrar-Gcncral a caveat against any dealings with the said lands, in which cnvcat the particulars of such order shall be set out as fully as may be, and thcrcupon the said Registrar-General shall forthwith register such caveat, and it shall not be lawful for the said Xegistmr-General to remove or discharge such caveat unless and until hc sliall be satisfied that all moneys duc and owing under such order hnvo hren fully paid and satisfied to the Chainnan of the Board for the time being, or unless he shall be ordered by the Supreme Court to remove such caveat.
36. In any case of an information under the four last preceding Boardmay attach
sections; thc Chairman of the Rosrcl may give notice in writing to CgC
anv banker or other person known or suspected to have the custody or
control of or over m y money or property of or belonging to the person
sought to be made chargeable not to pay or hand over such money or
property until such information shall have been heard and disposed
of, and thereupon such property shall be thereby attached iu the
hands of such banker or other person as aforesaid; and he shall pay
or hand over the same in accorclance mith any order which may be
made by thc Justices on the hearing of such infolmation; and any

banker or other person payinw or handing over s~lcli inoncy or pro-

perty after receiving such noticc as aforesaid, except in accordance with such order, shall be personally liable to make good the amount of lnoncy oi* value of the yroperty so picl or handed over, and such amount or value Inay be rccovercd by the Cllairnian of the Board

accordingly by action at law.

37, The Board may manage, nnd demise for any term not ex- noardmapmanqg~

ceeding three years, the lmds of or to which any inmatc is seized or dren or other inmates.	and let estates of chit-
entitled, and mnv make allownnccs ant1 arrmgvmcuts mith all or any of the tenants oi occupiers for the timc bcing of thr said lands, imd accept surrenders of leases a d tenancies, as fully and effectually as such inmate if of the full age of twenty-one ycsrs could do,

38. The Boarcl may demand, sue for, collect, and receive, all Board may collect

the rents and profits which shall be duc to xnp such inmate, and inmat,,	moneys due to
may give effectual recciyts and discharges fbr such rents m d profits
o~ so much thereof :ts shall bc received, ancl in case of noiiqqment of the same or any part thereof, in tlw narnes of the Chairman of the Board or in the namc and on bcldf of such inmatc, lllily cnter into ant1 upon all or any of tlw la.nds in rcspcct of wliich any rcnts shall be unpaid, and inuy distrniu for tllr said rcnts ~ n d profits, ilud

the costs xnd cxpcnms of and incidental to the non-pyrnc~nt

tliereof:

and

4.4" & 45" VICTORIE, No. 210.

--	Destitute Persons Act.-1881.

and the distress then and there found may dispose of

in due course

of law, and may take and use dl lawful proceedings and means for recovering and receiving the said rents and profits, and for evicting and ejecting defaulting tenants and occupiers from all or any of the mid lands, and determining the tenancy or occupation thereof, and for obtaining, recovering, and retaining possession of all or my of the lands held or occupied by such defaulters.

~ w v d

may bring

39, The Board may, in the name of the Chairman of the Board,

autiom.

or in the name and on behalf of any such inmate, commence and prosecute at law and in equity all actions, suits, claims, demands, and proceedings, touching any land, estate, interest, or rights of any such inmate, or of his tenants therein or thereto, or touching any matter or thing whatsoever in which any such inmate or his real or personal estate or effects may be in any way interested, affected, or concerned.

40, The Board may appoint and remove at their pleasure any

~ o a r d

m y

appoint

aganta	attorney or agent in respect of ,211 or any of the matters aforesaid,
upon such terms and for such remuneration as the said Board shall
think fit, and may allow to such attorney or agent all costs, charges,
and expenses lawfully incuned by him in executing the powers and
trusts reposed in the Board by this Act.

for b d

41, Any person or inmate committing a breach of any of the

rulea.

rules or regulations hewinbefore referred to shall, upon conviction thereaf by any Justices, forfeit and pay a penalty not exceeding Five Pounds, or be imprisoned, at the discretion of such Justices with or witbout hard labor, for any tern1 not exceeding three calen- dar months.

P d t y f o r f* PM- $2, Any person who shall obtain or attempt to obtain from the

tencm to obtain relief. Board or from any officer administering the funds thereof, any

pecuniary or other relief or assistance, or any goods or chattels or	other property, by way of gift or loan, by means of any false prc-	tence ; and any persoh in any institution under the control of the
Board. who shall wilfully waste, spoil, or damage any of the wearing
apparel, tools, implements, or utensils: or other property belonging
to such institution shall, upon conviction thereof, be liable to
imprisonment with hard labor fbr any term not exceeding six calen- dar months.

~en$ tp fo rhudu -	43,	If any person who shall be entrusted with, or to whom shall
lent appmpriation af

prqmty of aayllun.	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 thc property of, or under the care or control of the Board, shall fraudently take or cor~vert to his or her own use, any such property, or shall carry away any such property, such person, whether he or she shall or shall not determine the bail- ment,* shall be guilty of larceny, and shall be liable, on conviction,
to imprisonment for not more than six calendar months, with or
without hard labor. PART

44O & 45' VICTORIW, No. 210.

_l_.__ell

_ _

l_ll_-

- - +

_ _ I

The Destitute Pemons Act.--1881.

PART

111.

PART

TIT.

,4S TO INDUSTRIAL AND REFORMATORY SCHOOLS,

INCLUDING PLACING OUT '1'IIE CHILDREN
WI'l'H F0Srl'EIt PAI'CEN'L'S AND UINIIING 'I'IZEIR
INMATES AS APPRENTICES.

purposes of this Act, industrial schools; and in evely such school be estabkhed.

44, I t shall be lawfbl for the Governor to establish, for the Tndustrklschoolato

the males shall be kept separate md apart from the ferndes.

purposes of this Act, reformatory schools; and in evcry such school to bo estalhhed.

46, I t shall be lawfnl for the <>overnor to establish, for the Reformatory schook

the males shall be kept separate and apart from the females.

46. Destitute children and neglected children may be received ~mti tute

and neg-

lected children to be

by the Board into any of the industrial schools, and whenever any ,,,,

into bdus-

destitute child, or neglected child, shall be so received into any trial schools. industrial school, such child may bc dctained therein, and may be removed to any other intlustria.1 school, and be there detained until he or she shall tittain the ages of sixteen or eighteen years respectively, as hereiultefore provided, unless in the mean time the lather, or, if there be no father, the mother of such child, shall be desirous of removing snch child from such school, ancl shall satisfy the Board that hc or she is able to maintain such child, in which case the Board shall, except in the cases provided for bv section 47, and except where the plrent so desirous of removik any such child shall be a known or reputed prostitute, or a lrrrown or reputed thief or drnnkwd, or a person convicted of vagrancy, ~nalce an ordcr directing such child to be discharged from such school, and given over to the care of such father or mother, :H the case may be; and until such order shall be made, the superintendent, matron, or manager of any such school, shall be and are hereby authorised to detain any such ciestitnte child, o~ neglected child, who has bceu so received into such school as aforesaid, and may justify such	detention accordingly: Provided that if the father or mother of an);	such destitute child, or neglected child so detained as nforesnicl,
shall be dissatisfied with the ref'nsal of thc! Roard to make an order for the discharge of such child, he or she may apply to n Judgc, who, on being sitisfid by affidavit or otherwise that slicll father or mother is able to maintain such child, and is a proper person as regards character to have the charge of such child, may order that
such child be dischiirged from such school, or be otherwise dealt
with as he may in any such order direct.

47. If, upon the ~drnission of nn y dcstitutr child, or neglected sumndor

UMCL

child, into any industrial school, the father, or, if the father bc dead or absent from ttic? province, or in custody of the law, or a lunatic, tlic mother of sur l1 child shall swrmdcr the care and custody of such child to the Honnl, and &all sign a consent that such child s M l ~emain in such school, or in sornc othrr industrial school, or in charge of some suitsble person, who, at the discretion of the Rotlld

44' & 45' VICTORIW, No. 210.

---m--

me Destililcte Persons Act.-l

88 l.

under the provisions of this Act, shall be selected for that purpose, if a boy, until he shall attrain the age of sixteen years, or if a girl, then eighteen years, then and in such case no order shall be made for the discharge of such child before so attaining such age, without the written consent of the Bozbrd far that purpose being first
obtained.

Destitute and neg-

48. Any constable finding a destitute child, or a neglected child,

lwted children may

be taken befora Jue-

may immediately apprehend such child without any warrant, and

tioes.

forthwith take such child before any Justices, to be dealt with

according to this Act.

Parents liable to ccm-

49, The grand-parent, parent, or step-parent of every inmate of

tribute to suppart.	any industrid or reformatory school slmll (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 sucl~ school: Providcd that such contribution shall not exceed Ten Shillings per week for the maintenance of such inmate, and shall be recoverable as provided in clauses 32,33 and 34 of this Act.
Cl8m of children to be

eent to industrial

60, Destitute children and neglected children only shall be sent

schwIs.	to, or detained at, any industrial school: Provided always, that
where any such child, in the opinion of the Justices, ought to be
sent to a reformatory school, such Justices may, regard being had
to the circumstances of the case, order such child to be sent to a
reformatory school accordingly
D d t u t e m neglected

children not to be de-

51, No destitute child or neglected child shall be detained at any

tained after certain

of the said industrial schools after he or she shall have attained thk

ages of sixteen or eighteen years respectively, as hereinbefore

provided.

Cfaseafchird-bbe

dent to rwformatoy

52. Except as provided in clause 50, convicted children only vided always, that where any child has been convicted of any offence

~ ~ O O I S.

shall be sent to or detained at any reformatory school:

Pro-

p~inishable by imprisonment, but has not been prel iousl y convicted of any offence so punishable, the Judge or Justices may order such child to be ~ n t to an industiial school, if in their opinion such
child ought to be so sent.

c a n * i c t e a c ~ ~ ~ n o t 63,

NO convicted child shall be detained at any reformatory school

after he or she shall have attained the age of sixteen or eighteen

~er t r r in

agee.

years respectively, as herein before provided.

HP wood childm to

64, Whenever any child shall hereafter be brought before any

bs etainea*

Justices, and be chitrged with being a destitute child or a neglected child, the said Justices shall proceed to hear the matter of the said charge, and if the game shall be established to the satisfaction of the Justices, it shall be lawful for them to direct such child to be sent forthwith to any one of the said industrial or reformatory schools, to be there detained until he or she reaches the age or

apparent

44' & 45' VICTOKIE, No. 210.
The Destitute Persons Act.-188 1.

- "

----p

apparent age of sixteen or eighteen years rcspcctivcly, as herein-

P h m

before provided, or for such shorter period (not being less than one

year) tts the Justices may think fit,

55. Whenever any child shall hereafter be convicted of any convicteachildren to

be detaind.

offence, either upon information or summary conviction, punisllablc by imprisonment, it shall bc lawful for the Judge or the 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 the said offence, to direct such cldd to be sent, at the expiration of such sentence, to any one of the refo1,matory schools, to be there detained until he or she reaches the age or apparent age of sixteen or eighteen years respectively, as hereinbefore provided, or for such shorter period (not being less than one year) as the Justices may think fit.
56. The Justices before whom any child shall be brought upon Justicee to examine

the charge of

being either a destitute child or a neglected child, or ~

upon a charge of having co~ninitted some offcnce yunidlable by ofnegleet@d,destitute,

imprisonment shall, upon the hearing of such charge, and at the	and comicted .
time of conviction of such offence, examine into the means and ability to maintain such child of thc pcrsons by this Act made liable for the maintenance thereof, and upon proof thereof such Justices shall make all order on such parents, relatives, or other persons for the n~aintenance of such child during the pcriod of its dctentiou in
any indnstrial or reformatory school, such order to be enforced as is

provided in clauses 32, 33 and 34 of

this Act.

57,	If any child is or shall hereafter be imprisoned unde.1- seatellcc Children il: gaols to

for an offence punishable by imprisonment, the keeper of the gaol be detained.
wherein ~ u c h child shall be imprisoned shall take such child before
any Justices, and such Justices may, if they think fit, direct such
child to be sent to and detained in any one of the reforinatorg schools,
pursuant to this Act: Provided always, that no such child as last

uilless the unexpired term of imprisonment of such child shall be at	aforesaid s h l l be sent to or detainetl in any reformatory school
least six months, nor for any longer period than such unexpircd
term.

58, Whenever any child has bccn detained in any reformatory Childmay be sent to

industrid echo01

school during the pcriod for which he was ordered to be detained,

for

and the conduct of such child during such detention has been such conduct.

as to merit his being sent to an industrial school, the superintendent

of st~ch reformatory school shall briug such child before any Justices,

and thereupon such Justices may order such child to be sent to some

oue of the industrial schools, therc to be maintained until such child

shall attain the age of sixteen or eighteen years respectively, or for

such shorter period as the Justices nmy thiilk fit, and the Board or

any such Justiccs rnay remove any inmate from any industrial

school to any other industrial school, or from any reformatory school

to m y &her reformatory school, under this Act.

69. W hen
44' & 45' VICTORIW, No. 210.
The .Destitute Persons Act.-188 1,

PART

XII.

59, When the Judge or Justices shall direct any child to be

8gZf-N detained under the provisions of this Act, such direction shall not	ba iucluded in, or form any part of, the judgment and adjudication
of such Judge or Justices, but shall be n, distinct and collateral pro-
ceeding.
Mmdatefmaeb-
tion.	60. Whenever any child shall be directed to bc detained in my school established under this Act, the Judge or Justices shall issue a mandate in such one of the forms contained in the Schedule to this Act as shall be applicable to the case.
Mandate to be da-

Livered with child to

61. The mandate for detention in any school, or a duplicate

thereof, shall be forwarded to the superintendent or matron of the

school with the child, awl shall be a sufficient warrant for the con-
veyance of the child thitlw, and the detention of such child there.

Mmda'e to be a

fence to ectioas.

62. In every actioil for anything done in obedience to any such

mandate as sfo~vsaid, it s l d l be sufficient for the defendant to justify under such ma.&date alone, without setting forth the previous proceedings, in like mauner 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 ailegcd shall be sufficient evidence in support of such plea.

nfandatatObok4

and to be authority

$3. Every mandate issnecl under this Act shall be executed and

for,	evidence of,	obeyed by the persou to whom the same is directed and delivered,
detention,	and the production thereof, with a statement annexed thereto, signed by tlle superinte~~derit or matron of any inclustrial or reformatory school, that the child named it1 such rnandate was duly received into, and is at the signing thereof detained in such school, or has been otherwise dealt with according t o law, shall in all proceedings whatsoever be sufficient evidence of the f'acts by this Act required to be stated in such mandate, and of the subsequent detention and identity of the child named therein.

Powor to discharge

child or extend tenn

64.. 'l'hc Gorcmor may order the release of any inmate from the industrial or reformatwy school in which he or she may he detained, and he or she shall? upon the production of such order, be dis- charged accordingly, arid may extend the term of detention specified in any ~mndate or ordel. made or tci be inads until thc child mmed

of +Aention.

therein shall have attained the age of ~ixteen

years if a boy, or

eighteen years if a girl.

may

put

out on certain con-

65. Notwithstanding anything herein contained, it dlall bo lawful

ditions.

for the Board to n1ar:e anv i~lniate of any industrial or reformator)- school to reside &th t h i mother or oth& relative of such iiimate, or with any other suitablo person to l ~ o named in the liccnce hereinafter mentioned, who shall be willing to receive such inmate for adoption or sekice, and bc qualifid in the opinion of the Board to provide for and take care of such inmate, and to p u t to such inmate a liocnce to rcsidc with the pcrmn so to be

named

-	440 & 450 VICTORIJE, No. 210.

The Destitute Persons Act.-1881.

named therein as aforesaid, either for adoption or service, for any

PART 1x1.

term not exceeding the term for which such child could be lawfully kept in such industrial or reformatory school; and it shall be lawful for the Board to require such inmate to return to the said school at any time during the said term, unless he or she shall have been pre- viously discharged as aforesaid; and it shall be lawful for the Board to require any such person to whom such inmate may be indentured or licensed to return such inmate as aforesaid, at any time during the said term; and i t shall be lawful for tht. Board to pay to such person for the care, olothing, and education of such child, ur~til such child shall attain the age of thirteen years, such annual or other sum not exceeding Scvcn Shillings a week as may be allowed by the Governor; 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 dwell with any such person, in case such term shall be less than thc period for which such inmate was directed to be sent to such industrial or reformatory school, or when requircd to return as aforesaid, shall be held to have absconded from the said school: Provided always that no inmatc of any reformatory school shall be so placed out before the expiration of one-third of the term of detention originally allotted.

(36, At any time before the expiration of the order or mandate ~ ~ a r d

m y

apprentice

authorising thc detcntion of such inmate in schools, the Board may Chilkn.
bind the inmate of any industrial or reformatory school apprcntice to
such useful calling or occupation as shall be approved by the Board, for
a period not exceeding five years; ancl such binding shall bc as effec-
tual as if such child were of fkll age and by indenture bound himself.
67. Indentures of apprenticeship, or licences for adoption or Form or indentures

service, shall contain covenants, on the part of the master, parent,	L~pwnt'ccship.
or foster-parent to whom such child shall be bound or placed
out, with the Chairman of the Board for the providing such child	with food, lodging, clothing, and other nccessnrics proper for such
child, having regard to the condition in life of the said rnasttbr, parent, or foster-paient and child respectively, and for the due pay- ment of the wnges (if any) agreed for, and slmll be in the form prescribed by the rules and rcg~zltntions aforcsaid, and shall be executed in duplicate by the Chairrnan of the Board, on behalf of the said child, ancl by the master respectively.

68, Thc Board may provide in any indenture or licence that \t7agesmay h d o -

such proportion of the wnges to heconle due to the child or innlnte Uonk.	posited in Savings
as may be fixed by the Board gencmlly, or in each particular casc, shall be deposited in such manner, and at such periodical times, by the master or fosterparent, in the Savings Bank of South Australia, on R C C U U I I ~ of such child; and every such deposit shall be dccmd
and allowed as a pnyment to such child, but shall not bc withdlmtvn
by the child without the consent, in writing, of the Chairman of the Board

G 2 1 0
44" & 45' VICTORIW, No. 210.

T h e Destitute Persms Act.-1

881,

P	~	nr.	T	B o d, until the expiration of	the indentures of apprenticeship or
licence respectively.

w w a ~ t o -	m. The wages or earnings due by m y person to any inmate who may have been licenwd out may be sued for and recovered by the Board, or any attorney or agent appointed by the Board for
that purpose.
I * ~ o f a p p ~ n -
t i cd ip may be M-	70. The master or foster-parent of any such child may, with the consent of the Board in writing, but not otherwise, assign such child

consent

of Board.

to any fit and proper person; and every such assignment shall be in the form prescribed by the rules and regulations aforesaid, and shall be executed in duplicate by the old and new master or foster-parent respectively, and the consent of the Board shall be notified under the hand of the Chairman upon the said parts respectively, and one part, signed by the new master or foster-parent, shall be kept by the

mid Board,

to be void

on death of msster,

m, On the death of the master or foster-parent of any such child,

but on moliea~On	of the said indenture or licence shall cease and determine, unless within
widow* G-9 fd	in- three months from such death the widow of such master or foster-

dentures map be en-

tares into.

parent, or the executor or administrator of such master or foster- * parent, shall apply by writing to the said Board for a mandate directing that such child shall be bound for the residue of the term of the original indenture or licence 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 applicatiou, they shall issue a mandate accordingly, and thereupon the like indentures or licences shall be executed as in the case of an original apprenticeship under this Act, nevertheless, for the unexpired term only of the original indenture or licence.

inso~vency

72, In case the master or foster-parent of any such child shall

mrater or his removal,

indentures may be

become insolvent, or so far reduced in his circumstances as to be

eaneo~ed

unable to maintain and employ such child, or shall remove from the said province, it shall be i a r M for the sai& Board, on the application either of the master, or foster-parent, or child respectively, requesting them to discharge such child for some of the reasons aforesaid, to inquire into the matter of such allegations, and either to grant or refuse such application; and, if the said Board shall grant such application, they shall issue a mandate accordingly, a d every such mandate shall release and discharge the said master or foster-parent

and such child respectively from the said indenture of apprentice-

ship or licence and from every covenant and agreement therein

contained,

it~sster

to 've notice

73, Every master, or mistress, or foster-parent, to whom any child

m m v d ;

has been bound, assigned, or licensed, hall, immediately on his or

and of d*h,	ihese, her removal to some other city, town, township, district, or place
or abll~mdmg	of

apprentice.

than those in which such master resided when the indentures or licences were executed, givc notice in writing to the said Board of

such
44' & 45' VICTORIW, NO. 210.
The Destitute Persons Act,--1 881,

such removal or intended removal, and of the place where such

PART

rrr.

master, or mistress, or foster-parent has removed or intends to remove, and so on as often as the said master, or mistress, or foster- parent shdl so remove: And the said master, or mistress, or foster- Mallter offending to

upon the absconding, serious illness, or death of any such child, and	parent shall in like inanner give notice to the said Board irnnrediatdy ~~,f$~~',~~ not
every master, or mistress, or foster-parent offending againste this provision shall, on conviction before any Justices, be liable to forfeit and pay a fine for each offence not exceeding Ten Pounds.

74. No person or persons to whom ~ u c h

child or children shall Pu'o person ta whom

be apprenticed, assigned, or licensed as aforesaid shall transfer any prenticed or adfled

any child hall be ap-

such apprentice or licensed child to another, or in any way discharp shall &mim or dis-

charge such child

or dismiss from his 01. hcr service any such child, without the con- f ~ o m

his or her service

without consent, un-

sent in writing of the Board, under the penalty of Ten Pounds.

der a penalty of

75. Any person who shall ill treat, or who shall neglect to Justice* may hear

complaints made by

discharge his duty towards

any child who

is licensed

out or , p, n, ,, ,, ~,

apprenticed with such person, xnay be summoned to appear before theirmasm ormis-

two or more Justices; and, upon conviction, shall be fined by the fine not erdng

tresses, and impose a

said Justices any sum not exceeding Ten Pounds, or may be ZlOjornw discbarge

E U C ~

apprentice, W

imprisoned for any term not exceeding two months, with or without they see fit.
hard labor; and such Justices may, if they see proper, discharge
such child, by warrant and certificate under their hands a d seals,
from such apprenticeship or licence.
76, Any Justices, upon application or complaint made by any Justices nlny also hear

master or foster-parent against any such child, touching or con- for mie-

against

cerning any ~nisdemeanor, miscarriage, or misbehaviour in such his Lehaviouf, &a., and

or her service, may hear and determine the same in o summary may, oEendcr,	may pnnlsh the
and may either dismiss the information 01' punish the offender by commitment to the nearest industrial or reformatory school, accord- ing to the circumstances of the case; and such Justices n q -, in his
punishment, discllarge such child from his or her apprcnticcship or	or their discretion, and as the justice of the case may requiw. on tllc application of the master or foster-parent, either with or without such
licence, in the like form aid manner as hcrcinbcforc directed.

77.

Where any Justices shall discharge an apprentice or licensccl Deeisivn of J u ~ t i c a

to be iutimutcd to

child from his or her apprenticeship, or hcence, mtdcr tlrc pro~isions	Board,
of this Act, such Justices shall fortlnvith intinlate their decision to
the Board, who shall haw power, if they think fit, to order the return of such child to the control of thc Board, or othern-isc. filrtlwr dispose of such child as to the said Board shall seem mect, subject nevertheless to the provisions of this Act.

78. The Boar cl, or some ~uember

thereof, or somc lmson nomi- nonrd

other per.

nnted by thc Roard, shall once at lcnst in cvcry four months .\.isit all to visit &d IPPOIZ.	sons diilv uppointed
children p1;rced out or apprenticed in order to ascmti-tin whrth~r :ill stilmlations regarding such childwu haw bceri fulfilled, and that the treatmeilt and carc of a11 such cliildren arc satisfactory; and for

such

e 'a	44" & 45' VICTORIE, No. 210.

The Destitute Persm Act.-1881.

T	L	such purposes every such master, or mistress, or foster-parent shall
persandly produce any such child on the request of such visitor, or show sufficient cause for his or her absence, and every such master, or mistresa, or foster-parent failing to show sufficient cause for the non-production of such apprentice or child shall be liable to forfeit
and pay a penalty not exceeding Ten Pounds.
79, All members of the Executive Council, dl members of the Legislature, all Judges of Courts (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.

=draligia

80. Subject to the regulations to be made as hereinbefore

to bava acoese.	mentioned, all ministers of religion shall have admission to every
industrial and reformatory school, and may give instruction on
the days m d at the times allotted by such regulations for the
religious education of the inmates of their particular deriominations
respectively.

viiw boofi.

81. 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 and kept in such school by the superintendent or matron
thereof) any remarks or observations which he may think fit to make touching or concerning such school, and the superintendent, matron, teachers, officers, servants, or inmates thereof, or any of them; 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.

~ e n s l ~

fat permit-

82. If the superintendent or matron of any industrial or re-

ting e ~ ~ 8 p e.

f ormatory school, or any teacher, officer, or

servant thereof,

shall

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.

-nt

for in*

83. If any inmate of any industrial or reformatory school shall

fringing mle6.

wilfully violate any of the rules or regulations hereby authorised

to be made for the preservation of order, decency, health, or clean-

liness of the inmates of any such schools, such inmate shall be brought before any Justices, wha 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 order such inmate to be whipped in manner hereinafter provided: or in lieu of whipping, may order such inmate to be punished by being fed on bread and water alone for any period not exceedinq seven days: Provided always that, in awarding such punishm~nl, regard ~ h s l l be had by the Justices to the ape and

apparent constitution of the inmate.

84. If

44O & 450 VICTORIE, No. 210.
The Destitute Persons Act .1881.

84. If any inmates of any industrial or reformatory school shall

PABT

111.

disobey any lawful order of the superintendent or matron of any	Punishmsnt for &.
such school, or violate or fail to observe any regulations or bylaws	obedience.
made under this Act, it shall be lawful for such superintendent or matron to summarily punish such inmate by placing him or her in close confinemcnt in such school premises for any period not exceed- ing forty-eight hours.
85, 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.

86, 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 thcre shall be present the superintendent or matron of the school, who shall sign in the record book the minute recording the particulars of such whipping.
87. If any inmate of any industrial or reformalory school shall ?emlQfwabmdd
W-
abscond therefrom, or wilfully damage or destroy any property inmate may, if he has absconded, be ordered by the said Justices to be sent back to the school, and to be there detained until he reaches the age of sixteen or eighteen years respectively, as hereinbefore
belonging to any such school, such inmate shall, on conviction thereof
before any Justices, be liable, at the discretion of such Jtlstices, to
be whipped in manner hereinbefore provided, or to be sentenced to
be fed on bread and water alone, as provided by section 83, and the

provided, or for such shorter period as the Justices think fit.

indirectly counsel or induce, by letter or otherwise, any inmate of ululates.

88. Any pawn t, relative, or other person who shall directly or Penalty for h b r h g

any industrial or reformatory school to abscond or escape therefrom, or to break his apprenticeship indentures, and abscond from his master or foster-parent before such inmate shall have been regularly discharged, or before the expiration of such indentures or licence: or who shall aid or abet any such inmate in so absconding or escaping; or who, knowing any such in~nnte to have so absconded or escaped, shall harbor or conccal, or assist in concealing, such inmate, or prevent him or her from returning to such school or to his master or foster-parent; or sliitll, without having previously obtained n licence as provided in Part IV. of this Act, harbor or conceal any illegitiruate child u d e r the age of seven years; or shall aid or abet in any such hasboring or coi~ccalment, 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. 89. Every
44' & 45' VICTORIW, No. 210.
The Destitute Persons Act.-1881.

PAS* m.

Every officer of an industrial or reformatory school autho- the seal of the Board, to take charge of any child ordered to be detained under this Act, for the purpose of conveying such child to or from any such school, or of bringing him or her back to such school, in case of his or her absconding or escaping therefrorn, or refusal to return thereto, shall, for such purpose, aud while engaged in such duty, have all such powers, authorities, protection, and pri-

to ~ P B	ri-	rised by the Chairman of the Board, in writing under his hand and
k
Of-	a.
vileges for the purpose of the execution of his duty as such officer, m any police-constable or peace officer, duly appointed, has within
his constablewick by common law or statute.

P ~ ~ f ~ o o m m n - m. Any person who, without the authority or permission of

the

nia*with	persona said Board. or of the su~erintendent of the school. shall hold or
detained.

attempt to 'hold any comkunication with any inlnate of any indus- trial or reformatory school, and any person who shall enter any such
gchool, or any building, yard, or ground belonging thereto, and shall
not depart therefrom when required so to do by the superintendent, matron, or other officer or servant of such school, shall, on convic- tion, forfeit and pay any sum not exceeding Five Pounds.

Forms in Schedule

91, The several forms in the Schedule to this Act, or forms to

deemed v&&

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

m. Every inquiry directed by this Act to be held by any
Justices touching any complaint against any inmate of any indub.
trial or reformatory school for any offence committed by such inmate against the provisions of this Act, or any rules made hereunder, shall be held and inquired into at the establishment in which such inmate is resident; and the Board shall make an annual return to the Chief Secretary of all convictions made, and punishments inflicted thereunder.
-
PART IV.

THE SUPERVISION OF ALL ILLEGITIMATE CHILDREN

BORN IN ESTABLISHMENTS UNDER THE (:ON-
TROL OF THE DESTITUTE BOARD, AND OF ALL OTHER CHILDREN NURSED BY FOSTER* MOTHERS, WITH PROVISIONS AND POWERS FOR LICENSING ALL SUCH FOSTER-MOTHERS,
Agpeemmt fa service

b motbrnof

93. The Destitute Board may require any unmarried female who

dB&iw	m.	may apply for admidon to the lying-in ward of any of the estab-
lishments under its control to enter into an agreement for service
with, or sign an undertaking to the Board that such applicant will remain in the service of the Board, after the birth of her child, for any period not exceeding six months, if her child shall so long live, and in all things submit to the jurisdiction of the Board a11d the rules to be made under the provisions of this Act, so long as she shall remain in the eervice of the Board as aforesaid; and during
such periods the Board may require any such mother to nurse her

own

----	44' & 45' VICTORIE, No. zro.

The Destitwte Persons Act.-1881.

own child, and may require her to fulfil such other duties as, having	PART	IV.
due regard to her state of health, may be allotted to her.

94, The Destitute Board may, unless i t be proved that other

proper provision has been made, on the expiration of

such period, ~ ~ ~ l & ~ ~ m a t e

retain the care and custody of any such illegitimate child, and its mother shall, if required by the Board, pay towards the support of her child a sum not exceeding Two Shillings and Sixpence each week so long as its care and custody are retained by the Board, and shall attend personally, if practicable, at the establishment of the Board where her child may be placed, once at least in every month upon duly appointed days, to visit her child.

95, Unless it be proved to the satisfaction of the Board that the Neglectedcbild.

mothcr of such illegitimate child, or her friends, are in a position to maintain such child, the child shall be treated as a " neglected child," as provided for in this Act: Provided always, that if default be made by the mother in carrying out the requirements of

the Board, the mother shall thenceforward be responsible for the

caro, maintenance, and safe-keeping of her child in the same manner

as if this Act had not been passed.

m,	The Board may, for the purpose of identifying the father of Declmtim as

any illegitimatc child which may be born in any establishment under paternity.

the control of the Board, require the mother of any such child to

make a declaration respecting the paternity of such child before a

Justice of the Peace.

97, A copy of such declaration shall bc forthwith transmitted by copy of declaration

the Board to the person named in such declaration as the father of 'O "	fORarded.
such illegitimate child, who shall be allowed, on making application in writing to the Board, to attend before the Board for the purpose

of disproving thc allegations contained in such dechr a t'

lon.

98, The mother of any illegitimate child who shall wilfully make Penalty on false

a false declaration before a Justice of the Peace respecting the decLY"'iOn.
paternity of her child shall he deemed guilty of perjury.
99, Thc mother of any illegitimate child who, being required by Penalty on dia-
the Board to do anything under this Act, shall neglect so to do, o ?. E ~ ~ ~ ~ -
shall for every such offence, on conviction, forfeit and pay a sum not
exceeding Twenty-five Pounds.
100, The Board may grant licences to fit and proper persons, on soard may licence
payment of a sufficient fee, to be foster-mothers or wetnurses for fmtermOthe".
any children, whether legitimate or illegitimate, other than illegiti-
mate children in any establishment urlder the control of the Board,
and may revoke such liccnces; m d the Board may make regulations
respecting the duties and conduct of such licensed foster-mothers or
wetnurses, and for the due inspection and supervision of such licensed
fogter-mothws or wetnurses and the children under their charge.
101. Every

44" & 45" VICTORIW, No. 210.

I_.

The Desthte Persm Act.-1881.

P q r w.

101.

Every person who, not being in an establishment under the

p*,	dw control of the Board, and not being licensed by the Board, shall with

f ~ m - m m.

or without fee or reward act as foster-mother or wetnurse to or take

the sole care of any child, whether legitimate or illegitimate, and the

mother ar father of any such child who shall knowingly leave or place such child with any person not being a licensed foater-mother or wet- nurse as aforesaid, shall for cvery such offence, on conviction, forfeit

and pay a sum not exceeding Twenty Pounds, one-half of which

shall be paid to the informer: Provided always that no infortnation shall be laid for any such offence except by the Board or by some officer duly appointed and authorised by thc Board on that behalf: Provided that nothing herein contained shall refer to children nmsed in the house of their parents or by a wet-nurse, consequent upon a certificate from a duly qualified medical man.

Pmr v.

PART V.

PROTECTION TO OFFICERS, AND GENERAL MATTERS.

s-w

prooed-.

102, Every proceeding under this Act for omissions, defaults, acts,

or offences, to which any penalty is attached, and all npplicaions for orders where no other method of proceeding is by this Act provided, shall be had and taken and may be heard and determined in a
summary way by any Special Magistrate or two Justices, under the provisions of an Ordinance of the Governor and Legislative Council, No. 6 of 1850, " 'To facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to summary convictions 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.

hmxdings for

103, Any Justices at any time in a summary way may inquire

penalties, BC.

into the disobedience or alleged disobedience of or non-compliance

with any order made under the provisions of this Act, and may enforce compliance or pun i shhe non-compliance with such order,

either by the imprisonment (with or without hnrd labor) of the

party offending for a period not exceeding six calendar months, unless the same shall be sooner complied with, or by the imposition

of a fine of not exceeding Twenty Pounds.

~ ~ r m a o t

proceedings.

104, Every information, conviction, mandate, or warraut, under

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

m y

1 0 5. a In any information or complaint for any offence committed

mtrtute

upon or in respect of any property, money, goods, cl~attelu,

or eff'cct~,

aasrd
under the management or control of the Board, or of any of the
officers
44' & 4sa VICTORIW, No. 210.
The Destitute Persons Aut.1881.

-- ----

officers thereof i t shall be sufficient to atate or allege that the property, money, gooda chattels, or effects belong to, and any offehce to have been done or committed with intent to injure or defraud, the Destitute Board, without any further or other name, addition, or description whatever.

Goomrsrrtsnt Gas&&

Production of the South Austmliata Government Gazette, con- taining any Proclamation of any place as an industrial or reformatory

to be canclusire evi-

dence of

Proclamation

school under this Act, or notifymg the appointment of any person

of eohaots, &c.

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, auit, or proceeding ' in any Court or Courts in the said province.

lQ6.

107, There shall be an appeal from any conviction by any Special	Appeal to Adelaide
Local Court of Full

Magistrate or Justices for any offence against this Act (except fiom

Jurisdiction.

any conviction or punishment inflicted under clause 83 of this Act), or from any order dismissing any information or complaint, or from any order made by Justices under this Act; which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings on such appeal shall be conducted in manner appointed bp the said Ordinance, No, 6 of 1H50, for appeals to Local Courts, or any Act hereafter to be in force regulating such appeals; but the Local Court of Addaide 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,

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

appeal, mty state one or nore special case or cases for the opinion of	may state special ease.
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 aa to costs of any special case as to the said Court shall appea just;
and any Justices, OF 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 KO. 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 thia Act, shall be appealed against, or removed by certiorari or otherwise, into the Supreme Court of the said province.

All moneys received for penalties imposed for offenoes against this Act shall be paid to the Treasurer, on behalf of Her Majesty,	Appropriation of
moneps.
Her heirs, and successors, for the public uses of the said province, and in support of the Government thereof.

109.

110, Wherever in any Act reference is made to any of

the Ordi-

Refeaencea in o t b Acts to Acts hereby

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

D-210.

111, If

m, U any action or suit be brought against any person for any- thing done in pursuance of this Act, the same shall be commenced within six calendar months next afhr the at complained of (except where herein otherwise provided for); and notice in writing of such action, and the mum 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 hie election, plead
the general isme, and give this Act and the special matter in
evidence at any trial to be had thereupon; and the plaintiff shall not recover in mch action if tender of sufficient amends shall be made before action brought, ox if, after action brought, the defen- dant shall pay into Court sufficient amends; but in such last- mentioned awe the plaintiff shall recover his cost of suit up to time of payment into Court; and if a verdict shall be fomd for the defendant, ox if the plaintiff shall be nonsuited or discontinue his action or suit after the defendant shall have appeared, or if, upon demurrer, judgment shall be given again~t the plaintiff, then the defendant shall recover double costs, and have such remedy for recovering the same as any defendant hath or may have in ordinary
c8&eB.
In the name and on behalf of Hex Majesty, I hereby assent to
this Biu.
WM. F. DRUMMOND JERVOIS, Governor,

4 4 O & 45" VICTORIW, No. 210.

-4-

---

- v

The Destitute Pwsons Act.-

18 8 l.

SCHEDULE REFERRED TO.

Mandate for Neglected

Child to be sent to an Indus t r id School.

Whereas A.B. a boy [or girl] has been brought before the undersigned a Special Jlagistrate [or two of Her Majcsly's Justices of the Peace], for that he [or @he] the said A.B. was found begging, &C., or resided in a certain brothel, &C., or was at the time of the passing of The Destitute Persons Act, 1881," an inmate, &C., or was

on the

day of

, convicted at the criminal sittinas of, &C., OY by and

before the Local Court of, &C., and was on the day of [rtntr of establishment
of reformatory school] in prison in the gaol of Adelaide, under sentence in such
conviction: And whereas we hare directed the said A.B. to be sent to the Indus-

trial School, at

for the term of

thence next ensuing, or until

the day of: These are to require you to whom this mandate is directed to take the mid A.B. to the said Industrial School, and there to deliver him to the supetintendent thereof, together with a duplicate of this mendace; and the said superintendent is hereby 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. bhall in the meantime be discharged in due course of law.

Given under my [or ourrhand and seal at

[hie

day of

y
To, &c.
+A".-+

Mandate for a Convicted ChiM to be serat to a

Refornaatory School.

Whereas at the Criminal Sittings of the Supreme Court [or at the sittings of
General Gaol Dclivcryl holden at Adelaide, before me the undersigned, one of Her
Majesty's Justices of the Supreme Court [or at a sitting of the Local Court of

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

Peace 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

:,nd 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 untii the

day ol

] :

These are to require you to

whom this mandate is directed to take the said A.H. to the aid Reformatory School,

and there to deliver him to the superintendent thereaf, together with a duplicate of

this mandate; and the said superintendent is hereby required to receive the said A.B. into the said school, there to be detained for the last-mentioned period, unless the aaid A.B. shall in the meantime be discharged in due course of law.

Givcn under my hand and seal at	,	this	day of	18	.
To, &c.

Licence f o r Service of an Inmate of a School.
Whereas A.B. is an inmate of the Industrial or Reformatory School at

and whereas X.Y. of

here state residence aud occscpation] is willing to receive and

take charge of

the sai !i

A. B. for the term of

upon receiving the sum

'weekly,

monthly, or annual!y l, from the fund at the disposal of the

Destitute Board t o r without fee or reward I: These are to authorise the said X.Y.
to take the said A. R. 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 accsrdance
with rb'The Destitute Persons Act, 1881."

By order of the Destitute Board,

S.R., Chairman.

To Mr, X.Y.

LSenl of Board1

No.

I, the said X.Y., agree to receive and take c l l a r~e

of the said A.U. upon the

terma of the above licence, in consideration of receiving [his or her] services, ~u2)jcct

to the provisions of " The Destitute Porsone Act, 1881," in all thinga.

X.Y.

R7hereas

is an inmate of the

School, at

and whereas

of*

is willing

to adopt and take charge of

the s&l

for the term of

years:

These are to authorise the said

to take the said

from the said school, to be by h received, kept, maintained, clotticd, and educated during the said term in ~ccordancc with ' L The Destitute Persons Act, 1881 ;" the said to furnish a report from the school~naster or schoolmistress bf the school attendance and educational progress every six months.
Ry order of the Llcstitutc Hoard,

Chairman.

Dated at Adelaide, this

day of

1, the said

, hereby agree to adopt and take rhnrgc of the said

and maintain, clothe, and educate

pursuant

to the pro~isions

of " The Destitute Pcrsons Act, 1881," in all things, and to fulfil

the terms of the above licence.
* StLIte raidence and occupation.
Surrender of Children to the care of t h e Destitute Board by the Parent.
To the Chairman of the Destitute Board.

Sir-I.

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

heieunder named and designated, to the Industrlsl School. at there to

be maintained and educated under the proviaions of " The Destitute Persons Act,

1881 ;" and I, the above-named do hereby voluntarily

surrender

aged

years,

being my child

to the care and custody of the 1)estitutc I3oard, Adelaide,

South Australia, subject to ail the provisionh and regulations of

The Destitute

Persons Relief Act,

188 1 ."

The said child

being

I desire that

be educated in that faith.

Witness my hand this

day of

Signature

Witness

Chairman.

Licwzce to act as Ebster-mother or Wetnurse.

W hereas

CI f

hat11 paid to

the Chairman of the Destitute Board the urn of E under the rules
and regulations of the said Board, and hath applied to the aaid Board for a licence,

under

44' Sr 45" VICTORIE, No. 210.

The

Destitute

Persons

A c t. 1 8 8 1 .

-. -

. -

.- -

under c l au~e

99 of 6 4 The Destitute l'orsnns

Act, 1881 ," to be a licensed foster-mother

or wetnurse: Theve are to authorise the said

to be a licensed

foster-mother and wetnurse under the provi~ions

of the said Act, from the

day of

By order of the Destitute Board,

Chairman.

[Seal of Board. 1
Declaration as to Paternity.

being the mother of a

certain illegitimate [male or female] child, born in this establishment, on the

day of

, do hereby solemnly and sincerely declare that, to the best of

my information and belief,

is the father of

the said illegitimate child:

And I make this declaration under the provisions of

''	'The Destitute Persons Act, 1881," and subject to the provision^ contained in the

said Act, with respect to false declarations as to the paternity of the said child.

Declared at

this

day of

Before me,

d. P.