Guardians to child immigrants (1839) (WA)

WESTERN AUSTRALIA.

ANNO SEClUNDO

VICTORIA: REGIME,

No. 6.

An Act for appointing and authorising cer- tain persons to be Commissioners and to act as Guardians to Emigrants, being Minors, sent to this Colony from the United Kingdom by a Society known by the style of " The Children's Friend Society."

HEREAS a Society, entitled the Children's Friend Society,Prearamo.

Wto poor and destitute children, and the said society has formed anhas been formed in London for the purpose of affording relief

establishment for the care, maintenance and education of such chil- dren, with a view of binding them as apprentices in England, or to respectable individuals in the Colonies ; and whereas, in order that persons in this colony desirous of obtaining the services of, children from the said Institution may be enabled to exercise a legal authority over them, it is necessary that some persons be authorised to act as Guardians for and on behalf of such children, with power to apprentice or otherwise provide for them as to their said Guardians may appear most expedient

Anno Steundb Viet. Reg., No. 6.

Persons-appointed Coln" Il. Be it therefore enacted, that from and after the passing of

msioners for the Guar-	is
dia	nship of Juvenile Min- this Ordinance, the following persons, videlicet, the Honorable the

grants,

Commandant, the Honorable the Colonial Secretary, the Honorable the Advocate General, the Honorable the Surveyor General, George Leake, Esquire, William Tanner, Esquire, Thomas Peel, Esquire, W. L. Brockman, Esquire, the Reverend J. B. Wittenoom, (Colonial Chaplain,) H. C. Sutherland, Esquire, (Collector of Colonial Re- venue), James Crichton, Esquire, (Colonial Surgeon), Daniel Scott, Esquire, (Harbour Master), George F. Stone Esquire, (Sheriff), Alfred H. Stone Esquire, (Registar Civil Court), R, M. B. Brown, Esquire, (Government Resident, Fremantle), Thomas N. Yule, Esquire,( Government Resident Middle Swan), R. H. Bland, Esquire, (Government Resident, York), J. R. Phillips, Esquire, (Government Resident Williams River), H. Bull, Esquire, (Government Resident, Leschenault), John Molloy, Esquire, (Government Resident, Augusta,) Francis Whitfield, Esquire, (Government Resident, Toodyay), Major Nairn, R. Hinds, Esquire, John Hardy, Esquire, John Bussell, Esquire, John Schoales, Esquire, George Nash, Esquire, and William Borges, Esquire, be nominated and appointed Commissioners, under the style or title of " Commissioners for the Guardianship of Juvenile

any three of whom, with

their ecretary, to con- Emigrants," for the purposes hereinafter mentioned, three of whom,

stitute a quorum. together with their Secretary, shall constitute a quorum, with full

power and authority to carry into effect the provisions of this Ordin-

ance, hereinafter named.

III.      AND be it further enacted, that it shall be lawful for the said

Lists of Children to be Commissioners to receive or take under their charge any children,

names, age, and parent- by the Society before mentioned, unless the said Society shall trans-age, when known. transmitted, specifying either male or female, sent from the United Kingdom to this Colony

mit a list of such children, signed by the Secretary thereof, in which shall be particularly specified the names and ages, and, if known, the parentage of each and every child so sent : and the statements in such lists shall be considered and taken as prima facie evidence of the facts therein contained.

IV.     AND be it further enacted, that on the arrival of any children

ered to bind such Chil-	Commissioners empow- sent out in the manner aforesaid, and from time to time, so often as
dren. occasion may require, it shall be lawful for the said Commissioners, or

any one of them duly authorised to act in the name and on the behalf of the said Commissioners, to bind such children as Apprentices to the persons at whose instance they may have been sent out, or to such

tune till the age of 21 shall have been approved of by the said Commissioners, such appren-	. Apprenticeship to con - other persons as may be desirous of obtaining their services, and who
years In the ca of a se
male, and. till the.age of ticeship to continue in force until the child, if male, shall have
21 years or the time of , tt • marriage in the ease of a d amed the age of twenty-one years, and if female, until such female
female, except when ex- shall have attained the age of twenty-one years, or shall be married,pedient to limit it to a
shorter period.

Anno Secundo Vict. Beg., No. 6.

whichever shall first happen, except in such case in which it shall be considered expedient by the said Commissioners to limit the appren-

ticeship to a shorter period, and the said Commissioners, or any one

of them acting on behalf and by authority of the rest, shall j ointly co . .

with the master or mistress of the said apprentice execute and sign a ly .csrigLm"sesrtsecji°milits:

Ron of Indenture to contain such provisions and covenants for the t ocourcat

tore containing covenants

protection as to ,the said Commis- for proteetion r1 of Ap-

'protection of the interest of such apprentice

stoners may appear desirable, which said Indenture shall be good,	p	rentice.
valid, and binding to all intents and purposes; and the said appren-
tices, and their masters or mistresses, shall be subject and liable to
the laws now in force, or which may hereafter be made, relating to apprentices or Indentured servants other than apprenticed labourers.

V. AND be it further enacted, that any sum which shall be re-sum agreed to be paid

quired by the said Commissioners to be paid and agreed by the said to :le considered es and re-

masters or mistresses to be paid-by the said masters or mistresses as a c oe y r v e ra 1 ; 1 sea s a ogsfeustehhes

consideration for having the said apprentices so bound to them, shall any Justice	Peace*
be considered in the light of servant's wages, and be recoverable as such by the said Commissioners before any Justice of the Peace for the said Colony.

V I. AND be it further enacted, that it shall be the duty of the said Duty of the commission- r

Commissioners to afford all lawful and necessary protection to the said to rpprenotriamp and

apprentices, and enforce the performance of the covenants contained force perform, of

in any Indenture for the benefit of such apprentices ; and if any per- efiotv . e nants for their bene-

son shall neglect or refuse to perform the conditions of such Indenture made in pursuance of this Ordinance, he shall lie liable and subject to an action or other proceeding upon such Indenture at the suit ofocAronvyer refusing

ns isn oneglecting ertfcp ramn

the said Commissioners as Guardians for such Apprentiee, and if on covenants liable

being sued for any neglect of said conditions, the Commissioners shall Action, 80.

obtain a judgment against him or her, such person shall not shew

cause to the satisfaction of the Court awarding such judgment for such

neglect or refusal, he or she shall pay to the said Commissioners such

damages and costs of suit as the Court in its discretion shall allow ;

and the said Commissioners shall, and they are hereby authorised to rs empower-

bione ring or defend any action, suit, or other proceeding touching or A ?c(l m etm itoonsbying and defend

concerning any of the property, rights or claims of the said Commis- sioners or their Wards, in the name of the ." Commissioners for the Guardianship of Juvenile Emigrants," without specifying the names of the Commissioners, and without other description, and no action or other proceeding shall abate by reason of the death or going out of endned D en tds he name e o e f b

office of any Commissioner; and that whenever it shall be necessary the Commissioners by

writing, such Deed or Instrument shall be signed in the name of the'P"e' for the said Commissioners to execute any Deed or Instrument in person appointed for that by such Commissioners, and every such Deed or Instrument, signed

A.nno Secundo Vie. Reg., No. 6.

in manner herein provided, shall have the same effect in law as if it

had been signed by all the Commissioners.

nation or absence, how or departure from the Colony of any of the Commissioners aforesaid ,vacancy to be filled up. In case of death, resig- VII. AND be it further enacted, that upon the death, resignation

it shall be lawful for the remaining Commissioners to elect some fit and proper person to fill up the vacancy so created, and they are hereby required to complete the said election within twenty-eight days from the period of such vacancy being made known, and within fourteen days after the completion of the said election, to publish the' name of the Commissioner so elected in the Government Gazette of this Colony, for the information and guidance of all persons whom it may concern.

Commissioners not to beVII. AND be it further enacted, that the said Commissioners shall liable for expenses. &o. not be liable for any expenses incurred in bringing out or supporting

the said children further than they themselves shall expressly under- take and become responsible for ; and that any Indenture made under this Ordinance shall continue to be valid and binding upon and in favor of the Successors of such Commissioners to be appointed as aforesaid.

Commissioners to provide IX. AND be it further enacted, that it shall be lawful for the said

Co ,

books, &e., and appoint hire apartments, to provide furniture, books, and other necessaries,officers; apartments, and provide Comm iss ioners from time to time, as it may become necessary, to

and to appoint officers and servants necessary for the transaction of the business of the said Commissioners, and to defray the costs and charges of the same respectively out of any fund which may belong

agreed to previously by'tare shall have been such expenditure, and any such appointment, shall have been pre-	provided such expendi- or accrue to the said Commissioners as aforesaid ; provided that all
majority. viously agreed to by a majority of the entire body of the said Com- missioners.
Act in force for two X. AND bc it further enacted, that this Act shall be and continue
years, in force until the eighteenth day -of March, one thousand eight hundred and forty-one.

JOHN HUTT,

Go VER NOR AND COMMANDER-1N-GHIEFt

Passed the Legislative Council

The 4th day of April, 1839. }

AYALKINSHAw CnWAN,

Clerk of the C en ncil