Destitute Persons Relief Ordinance 1845 (WA)

WESTERN AUSTRALIA.

AN NO NONO

VICTORIA. REGINA:.

111flIIIIMMENPREMOIONte

No. II.

An Ordinance to provide for the Mainte- nance and Relief of Deserted Wives and Children, and other Destitute Persons, and to make the property of Husbands and near Relatives, to whose assistance they have a natural claim, in certain cir- cumstances, available for support.

HEREAS by reason of death, sickness, or other casualties, as Preamble.

W well as by desertion or neglect of husbands, parants, or

9th Viet. No. 2. 1845,

other near relatives, f it has happened that wives and families have

been left without adequate support, and it is expedient that the pro- perty and means of such husbands, parents, and other near relatives, should be made available for the relief of those who have a natural or just claim to their assistance; —Be it therefore enacted, by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof ;—That from and after the

maintained by their nearDestittute persons to be passing of this Ordinance, in the case of every poor and destitute relatives, person, not able to work, his or her father and grandfather, mother,

and grandmother, and children, being of sufficient ability, shall at their own charges relieve and maintain every such destitute person in such manner and according to such rate as by any two Justices of the Peace for this colony may be assessed and ordered under the provisions of this Ordinance.

Justices may order main- II. AND be it enacted, .that if it shalLbe made to appear to the tenance. Proceedings.

reasonable satisfaction of any Justice of the Peace, upon. the com- plaint of any reputable householder, that any person is poor and destitute, and unable to support himself or herself by labor, and that such person hath a father or grandfather, mother or grandmother, child or children, within the colony of sufficient ability to relieve and maintain, or to contribute to the relief and maintenance of such poor and destitute person, it shall be lawful for such Justice to summon such father or other near relative before mentioned to appear before any two Justices of the Peace at a time and place to be mentioned in the summons, to shew cause why he should not relieve and main- min, or contribute to the relief and maintenance of such poor des- titute person, and upon the appearance of such father or other relative as aforesaid, or upon proof being made to the satisfaction of the Justices who may attend at the time and place appointed, that such father or other relative hath been duly served with such summons, such Justices shall enquire into the matter, and if they shall be of opinion that such father or other relative is of sufficient ability to re- lieve and maintain, or to contribute to the relief and maintenance of such poor destitute person, then it shall be lawful for such Justices to order that such father or other relative shall pay, either weekly or otherwise, to such person as they shall think fit to appoint, such sum of money as in their judgment they shall think such father or other relative can reasonably afford and ought to contribute towards the re- lief. and maintenance of such poor destitute person i—Provided that it shall be lawful for such Justices from time to time to suspend or

1845.               9th Viet. No. 2.

determine the said order, or to alter or vary the same according as

circumstances shall seem to them to require.

AND be it enacted, that if any man shall unlawfully desert 'his wife, or if any woman shall unlawfully desert her husband, with-	In eases of unlawful de-sertion of wires and chil-
dren, Justices may Eno
out reasonable cause for so doing, or if he or she shall unlawfully	and imprison besides or-dering maintenance.
desert any of his or her children under the age of ten years, leaving her, him, or any of them without means of support, it shall be lawful for any Justice of the Peace, upon the complaint of such wife, hus- band, or children, or of some person on her, his, or their behalf, to the husband, wife, father or mother, as the case may be, to be sum- moned to appear or to be brought by warrant, before any two Justices of the Peace to answer such complaint, and upon the day appointed in the summons or warrant, or upon some day of adjournment, -when the party shall be brought before them on such warrant, or shall appear upon such summons, or upon his or her failing to ap- pear after having been duly summoned, the Justices then present shall proceed to enquire into the matter of such complaint, and if they shall be satisfied that the party complained of bath unlawfully, without reasonable cause, deserted wife or husband, or any such children as aforesaid, and hath left them without means of support, such Justices shall so adjudge, and jt shall be lawful for them to pun- ish him or her for such offence by a fine not exceeding five pounds, or by imprisonment, with or without hard lobor, for any term not exceeding two calendar months for the first offence ; and by a fine not exceeding ten pounds, or imprisonment, with hard labor for any term not exceeding thre$ calendar months for a second or subsequent offence ;—Provided also that it shall be lawful for such Justices, if they shall deem it expedient so to do, to order and direct that the husband, wife, father or mother, complained of, shall pay to the wife, husband, or to some responsible person on behalf of the wife, or on behalf of the child or children, as the case may be, such reasonable sums of money for the maintenance of such wife, husband, or chil- dren, either weekly or otherwise, as to the Justices shall seem fit.

III.

IV. AND be it enacted, that if in any case it shall be made to IPsbands and nenr rein' twes absconding in order

appear upon oath to the satisfaction of any two Justices that any to defeat this ordinance,

husband bath quitted the colony, or keeps himself concealed, or away i thje triensts rhe:urTane -

from his usual place of abode, with intent to desert his wife or chil- tates to be applied, and	dren, or that any person bath, quitted the colony, or keeps concealed athntsmodisortotheberait
away from his usual place of abode, with intent to avoid the payment rnealatncieve4hOf wives and near

9th Viet. No, 2. 1845.

of any sum of money he may have been ordered to pay towards the relief of any such near relative, or hath quitted the colony leaving behind him any such poor and destitute relative as it is by this Act declared he ought to support, then and in any such case it shall be lawful for such Justices, by their order under theirlands and seals, to authorise some responsible person forthwith to demand and receive so much of the rents and profits of the real estate of such husband or other person as by the said Justices may from time to. time be deem- ed necessary, and to appropriate the money received towards the maintenance of such wife or poor destitute relative in such manner as such Justices shall direct ;—Provided always that nothing herein contained shall be construed so as to interfere with the just rights, claims, or remedies of any person to whom any such person quitting the colony, or keeping concealed or away from his usual place of abode, may be indebted ;—Provided also that the receipt of such res- ponsible person as aforesaid shall be a good discharge to any tenant, or other person, for all monies paid by him and acknowledged in such receipt to be paid ;—Provided also that such person shall from time to time be accountable to the Justices in General Sessions for all such money as he shall receive by virtue of this Ordinance.

the'colony to give suretyPersons about to leave V. AND be it enacted, that whenever after the passing of this

for the maintenance of Ordinance, application shall be made to the Colonial Secretary for wife or child left behind, his counter-signature to such Certificate as is mentioned and required

in and by an Act of Council, passed in the fourth and fifth years of the Reign of Her present Majesty, intituled "An Act for the regula- tion of Pilotage and Shipping in the Harboursf Western Australia," and it shall appear to him, from answers to questions put by him to the applicant for such counter-signature or otherwise, that such ap- plicant is about to leave behind him in this colony, a wife, or any legitimate or illegitimate child under the age of ten years, ;hen and in every such case it shall be lawful for the Colonial Secretary to refuse such his counter-signature, until such applicant, and one or more surety or sureties, shall •have signed in the presence of the Co- lonial Secretary (who may require reasonable evidence of the suffici- ency of such surety or sureties) a written several undertaking to provide at their own respective costs and charges, for the main- tenance of such wife, child, or children, while within this colony, and entitled to relief under this Ordinance, and during the absence of such applicant from this colony ; and that such undertaking shall

be delivered or transmitted, as occasion may require, by the Colonial

Secretary to any Justice or Justices of the Peace for the purposes

1845.               9th Viet. No. 2.

of this Ordinance ; and that after the departure of such applicant from this colony, such surety or sureties shall be deemed to stand in his place or stead, and shall be subject, to the extent of such under- taking, to such and the like summary and other proceedings, as such applicant, if still in this colony, would be subject to under the provisions of this Ordinance ; and that the counter-signature of the Colonial Secretary to such undertaking shall be deemed suf- ficient proof thereof in all proceedings under this Ordinance.

VI.     AND be it enacted, that if any man and woman shall have Evidence of marriage.

arrived and resided together in this colony as reputed man and wife, evidence of such arrival, residence, and repute, shall be sufficient to subject either of them to the provisions of this Ordinance, without proof of their having been joined in lawful matrimony.

VII.     AND be it enacted, that whosoever shall wilfully make any Penalty for falsely depo-

of Perjury, and shall on conviction thereof suffer such punishment as may by Law be inflicted on persons convicted of wilful and cor- rupt Perjury.

false statement on oath or affirmation in any proceeding before any sing.

shall extend to and include illegitimate children, provided that no mate children. VIII. AND be it enacted, that the provisions of this Ordinance Provision as to illegiti-

man shall be taken to be the father of any illegitimate child upon the oath of the mother only ;—Provided also that in every case where it shall appear to the Justices that the mother of an illegiti- mate child is able to contribute to its support, it shall be lawful for him or them to direct that she shall so contribute as well as the putative 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 he lawful for the Justices to make an order in respect of her alone.

IX.     AND be it enacted, that it shall be lawful for the Justices Proceedings for enforcing

by whom any order shall have been made under this Ordinance n	oradnecres under this Ordi-
touching the support of any wife, husband, child, or other destitute person as aforesaid, or for any other two Justices from time to time in a summary way (with or without application for that purpose) to make such orders in writing as he or they may think necessary for better se- curing the payment and regulating the receipt of the allowance di-

9th Vict. No. 2. 1845.

rected for the support of such destitute person, or for investing rand applying -the 'proceeds of the goods- or rents if any directed to be-sold or collected, or for ensuring thedue appropriation of such allowance to the bon fide purposes of maintenance, and any one Justice 'shall have 'po'wer at ally time, in a summary way, to inquire into the dis- obedience, or alledged disobedience of, or non-compliance with any such-order, or with any order made by any Court of General or Quarter Sessions of the Peace as hereinafter mentioned; and for that- purpose to summon and examine all proper parties and witnesses, and punish the non-compliatice with such order by the imposition of a fine not exceeding ten pounds;—Provided always, that no Justice. shall revise, alter; or annul any order or proceedings of any .other

Justice without the concurrence of such Justice issuing'-such order .

or proceeding, during the time that such last mentioned Justice shall

continue to exercise the of fice of Justice in this colony.

General Sessions

modify orders. may X. PROVIDED always, that it shall be lawful for any Court of General or Quarter sessions of the Peace upon appeal to quash, con firm, or vary any such order either in whole or in part at discretion, or to substitute a new order in lieu thereof, and for that purpose any order: made by any Justices under this Ordinance shall be transtattted hy such Justices under their hands and seals to the Clerk of such Court at any time on demand by either party.

Two Justices may bind XI. AND be it enacted;-that it 'shall be lawful for any.two Jus- any child apprentice

tices, -with the consent of either of the parents iftliving and- within: the colony, but if otherwise, then without such consent, on the appli-- cation of any reputable householder, to bind by Indenture and put out any child in respect of whose maintenance any order shall have been made under this Ordinance, such child having attained the age of ten years, as an apprentice, until he or she shall attain the age of eighteen years, to any master or mistress willing to receive such child in any trade, business, or employment whatsoever suitable to such: child, and every such binding shall be as effectual in law to all in- tents and purposes as if the child had been of full age and had bound himself or herself to be such apprentice;—Provided that-such two Justices, previously to executing such ; Indenture, shall inform themselves as fully as they can of the child's age, which age shall be inserted in such Indenture, and shall thereupon for the. purposes of this provision- be taken to be the child's true age withoUt further proof; Provided also that such Justices shall see that in the Inden.

1845.                9th Viet. No. 2.

ture due and reasonable provision is made for the maintenance, clothing and wages, as well as for the proper and humane treatment of any snch apprentice.

XII.      AND be it enacted, that it shall be lawful for any Justice, Power of Justeces be.

upon complaint by any such master or mistress, or by any such ap- p	tArveegkerissi asters and Ap.
prentice, of misbehaviour by the apprentice on the one hand, or of ill

•

usage by the master or mistress on the other, to issue a summons or warrant to bring the party complained of before any two Justices, who may investigate the matter, and either dismiss such complaint or punish the party complained of ; if the master or mistress, by fine not exceeding five pounds, if the apprentice by imprisonment not exceeding three calendar months ; and if it shall appear to such Jus- tices that there is or has been inveterate ill usage by the master or mistress, or incorrigible misconduct in the apprentice, it shall be law- ful for such Justices to make an order cancelling and annulling the Indentures.

XIII. AND be it enacted, that in the event of the death of any Ass of Indenture. , gnment revocatioa

such master or mistress, his or her executor or administrator may, with the approbation of any two Justices, assign any such apprentice for the residue of the term then unexpired therein, and any two Jus- tices may in case of such death or upon the application of the master or mistress, in case it shall appear to be for the benefit of the appren- tice so to do, assign any such Indenture to any other person, or may absolutely cancel the *denture in case there shall be no such execu- tor or administrator ;—Provided that in every such case of assignment the assignee shall be as much bound to perform the several covenants of the Indenture as if he or she had been the master or mistress ori- ginally namad therein.

XIV.     AND be it enacted, that all informations and proceedings zoceedings for penalties,

in respect of any offences under this Ordinance shall be heard and •

determined, and the forfeitures and penalties in respect of the same

shall be awarded and imposed in a summary way by or before two

or more Justices of the Peace (except so far as may be herein ex-

pressly provided to the contrary) according to the provisions of an

Ordinance passed in the seventh year of the reign of Her present

Majesty, intituled " An Act to regulate summary proceedings before

Justices of the Peace.

9th Viet. No. 2. 1845.

Limitation of actions XV. AND be it enacted, that no action at law shall lie against against Justices. any Justice of the Peace, Constable, or other Peace Officer, for or on

account of any matter or thing whatsoever done or to be done or

commanded by him in the execution of his duty or office under this Ordinance, unless there be direct proof of corruption or malice, and unless such action be commenced within three calendar months af- ter the cause of action or complaint shall have arisen ; and if any person shall be sued for any matter or thing which he has done in the execution of this Ordinance, he may plead the general issue, and give this Ordinance and the special matter in evidence.

Appeal.	XVI. AND be it enacted, that if any person shall think himself aggrieved by any judgment, order, or conviction made under this Ordinance, such person may appeal therefrom to the next Court of Quarter Sessions.
Appropriation of penalties.	XVII. AND be it enacted, that all fines, forfeitures, and penal- ties, recovered under and by virtue of this Ordinance, shall be appro- priated and applied as follows, that is to say ; —the whole or such portion thereof as the convictino. Justices shall in their discretion di- rect, shall be paid to the wife, child, or other such destitute person as aforesaid, to whose non-maintenance or desertion the conviction shall
have reference, and the other portion, if any, shall be paid to Her
Majesty, Her Heirs and Successors, for the public uses of the col- ony and the support of the Government thereof.
Ordinance maybe altered.	IX. AND be it enacted, that this Ordinance may be altered, amended or repealed by any Ordinance to be passed during the present Session.

JOHN HUTT,

GOVERNOR.

Passed the Council

23rd July, 18415. 3

WALKINSHAW COWAN,

Clerk of the Councils.

Printed by authority of the Government, by E. Stirling, Perth.