Destitute Poor Act 1863 (SA)

VICTORIAE R E G I N E.

A. D. 1863.

No. 2.

At1 Act for the regzrlation o f the Asylum ,for the Destitute Poor and

other purposes,

[Assented to, 3.2th Novenher, 1863.1

HERE AS it is desirable to make provision for the regulation Preamble.

of the Asylum for the Destitute Poor, and for other pur- poses-13e it therefore Enacted by thc Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in

this present Parliament assembled, as follows:

1, I t shall be lawful for the Governor from time to time, with Governor map make regulations for

the advice of the lhecutive Council, to make rules and regulations

of

amongst persons being iizlnntcs of the said Asylum, and for the

suitable employment of such innlntcs or other recipicn ts of relief

as may not be entirely disabled from supporting themselves by

labor, and for fixing the terms and conditions under which any such

relief shall be granted, and thereby delegate to any person any such

discrctiomry powers for tlx gencral mnnagcmcnt of the said

for the maintenance of order, discipline, decency, and cleanliness Asylllm. substitute others in their place, and a11 such rules or regulations shall be proclaimed and. publi~hed in the Sozrtlt Australian Govewz-

.B

ment ~ & e t t e, and when -80 proclaimed and pnblished shall have the

force of law.

2. A copy of all such rules and regulations shall be laid befolr; ~ f ~ $; ~ ~; ~ t, l ~ i d

both Houses of Parliament within fburteen days nftcr the making thereof; or if P,zrliament be not then in Session, within fourteen

daya

26" & 27" VICTORTB, No. 2.

Destitute Asylum Act.-1 863.

days after the commencement of the thcn next sitting thereof for

the dispatch of business.

Penalty	rulea. for breach Of	3* Any person offending against any such rules or regulations shall, upon conviction thcrcof by two Justices of thc Pcacc or a Special tllagistrate, forfeit and pay a penalty not exceeding Five Pounds, or be inq~risoned, at the discretion of such Justices or Magistrate, with or without hard lnbor, for any term not exceeding three calendar months.
Penalty for false P-
tences to obtain relief.	4, Any person who shall obtain from thc said Ssylum, or from any person administering the f ~ ~ n d s thereof, any pecuniary or other relief or assistance, or any g o d s or chattels or other property, by way of gift
I	or loan, by means of any false pretencc, shall, ulml conviction thereof before a Local Ccurt of full j~~risdiction, be liable to imprison- ment with h a d labor for any term not exceeding six cdendar months, ancl to forfeit or pay s fine or. perlalty of double the cost of the food and other necessaries nncl golxls obtained by means of such false petence.
Penalty for fraudulent
appropriation of pro-	5. If a1.q person, to whom shall he entrustcd or lent, by may of relief or assistance, ont of the propcrty appropriatcd for the pur- poses of the said Asylum or for the relief of destitute persons, any article of wearing apparel or bedding, or any tool, implement, or utensil, or any other property, goods, and cllattcls whatsoever, shall frandulcntly take or convert to his or her own use, or the use of any other any such property, or shall carry away any such Pro- perty, and not r.etnrn the sainc on demand by officer. or person administexing thc property appropriated for thi: relief of destitute persons, every person so offending:, whether he or she shall or sliall
p,.ty of Asylum.
not determine tllc bailment, be guilty of larceny, and shall be liable,
on conviction, to imprisonment for not mort: than six calendar months, with or without hard labor..

Cost of paet mninte-	G. I n any case in which any person in destitute circunistances of the moneys voted or property appropriatcd for thr rrlief of desti- tute persons as aforesaid, and si~cll l ~ r s o n, or thc father, mother, husband, child, or children of such person shall at any time within three wars after such rclicf shall have been afforded to such person, Be of sufficient ability to repay and rciniburse the cost of such food, clothing, or other necessaries, or part thereof, it shall be lnmft~l for any two Justices of the Peace or for a Special Megistmte, upon thk information or complaint of thc officer
nance may 5e re-
covered in certain	shall have been supplied with food, clothing, or other necessaries out
cases.
tlilininisterin~ thc moneys 1-otecl or property appropriated as afore- 8.
said, to inquire into the matter in a summary way, and if they or he shall be of opinion that such person or futficr or other relative as aforesaid is of sufficient ability to repiq- the whole or part of thc cost of the food, clothing, and other necessaries supplied to such destitute person, then it shall be lawft~l foi. such Justices ar Special Magistrate to order such person, or father, or

other

26" &YO VICTORIB, No. 2.

Destitute Asylum Act.--186 3.

other relative as aforcsnid, to pay to such officer such sum of money, either in one sum or by instalments, as in their or his judgment such Justices or Special Magistrate shall think such person or father or othcr relative as aforesaid can reasonably afford, and ought to con- tribute towards the past relief or maintenance of such destitute person.

7. All proceedings by this Act directed to be had before two Proceedings before Justices to be sum-

Justices or Special Magistrate shall be had and taken, and all fines , and sums of money ordered by any Justices, Magistrate, or Local Court to be paid shall be recovered and applied in the rnanncr prescribed by the law for the time being in force for regulating sum- mary proceedings before Justices of the Peace; and every person feeling aggrieved by any order or summary conviction under this Act shall be entitled to an appeal, pursuant to the law relating to such summary proceedings. : I ,

8. This Act may be citcd as the Destitute Asylum Act, 1863."

I n the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

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Adelaide : Printedby authority, by W. C. Cox, Go~ernmcnt Printer, Yictorla-square.