Guardians to child immigrants (1842) (WA)
6 VICTORLE. No. 8
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WESTERN AUSTRALIA
ANNO SEXTO
VICTORIA-11 REGINA
No. 8
An Act to regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants.
[Assented to 10th September, 1842.
| Preamble | HEREAS certain juvenile immigrants have recently been trans- WHer Majesty's Principal Secretary of State for the Colonies for themitted to this Colony with and under special directions from |
| purpose of being apprenticed within the same, and it is probable that others of the same class -will hereafter be transmitted in like manner and for the like purpose ; and whereas it is expedient to regulate by law the mode and duration of such apprenticeship, and to provide for the due enforcement of relative rights and obligations thereunder, and otherwise for the general superintendence and control of such immigrants : Bo it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the | |
| notice in 'Ga- | |
| Government | Legislative Council thereof, that in order to obviate any uncertainty as |
| zette ' to be evi- | to the objects and applicability of this Act, a notice published by His |
| dence that such | |
| immigrant is | Excellency's command in the Government Gazette' setting forth that |
| under the opera- | certain persons therein named are immigrants to be apprenticed under |
| tion of Act | this Act shall be conclusive evidence in all proceedings at law, before Justices of the Peace or otherwise, that such persons (on due proof of identity, if requisite) are within the operation of this Act. |
| Governor to up- | 2. And be it enacted that it shall be lawful for His Excellency the Governor, by any writing under his hand and seal of office, to appoint a Guardian for and over all such juvenile immigrants as aforesaid under the style or official designation of Guardian of Government Juvenile Immigrants.' |
| point Guardian | |
| Guardian with | |
| approbation of | 3. And be it enacted that it shall be lawful for such Guardian, immigrant as aforesaid in manner hereinafter set forth for any term not less than two years nor exceeding five years to any master or mistress, for the purpose of being instructed in any art, handicraft, trade or calling. |
| Governor to | with the approbation of the Governor, to apprentice any such juvenile |
| apprentice | |
| immigrants |
| Form of ingen- | 4. And be it enacted that every such apprenticeship as aforesaid (as nearly as circumstances may admit) set forth in the Schedule to this Act, and countersigned by the Governor ; and every such instrument shall be drawn and executed in triplicate, whereof one part shall be retained by the Guardian, another part by the master, and the third part shall be transmitted by the Guardian to the Clerk of the Bench of Magistrates for the district within which such master shall be resident, |
ture m tnplicate shall be effected by an instrument in writing in the form or to the effect
6 VICTORDE. No. 8
Juvenile Immigrants
or in case there be no such Cleric, then to any Magistrate in the
neighbourhood of such residence.
| 5. And be it enacted that no such Guardian as aforesaid shall incur any personal liability whatever by reason of his entering into and | Guardian not personally liable. |
| Powers, &c., to | |
| executing any such instrument of apprenticeship ; and that all rights, | be 'rested in suc- |
| cessor | |
| powers and remedies accruing to or exercisable by any such Guardian as aforesaid under or by virtue of any such instrument by him executed shall survive and vest to and in his successor for the time being in the said office of Guardian. | |
| 6. And be it enacted that from and immediately after the arrival in this Colony of any such immigrant as aforesaid until he shall be | Previous to, and on dissolution |
| before comple- | |
| apprenticed as aforesaid (and in case of the dissolution or determination | tion of appren.ticeship, immi- |
| of any such apprenticeship before the expiration of the stipulated time | grant to be deemed appren- |
| thereof until such immigrant shall have been re-apprenticed for the | tice of Guardian |
| residue of such term), every such immigrant shall be subject to the management, orders and control of such Guardian as aforesaid for the time being in like manner to all practicable intents and purposes as if such Guardian were a master under this Act, and shall be subject during any such interval to the like punishments and by the like mode of proceeding for any misconduct towards such Guardian as may be in- flicted under this Act for any like misconduct of an apprentice towards a master. | |
| 7. And be it enacted that every such Guardian as aforesaid shall have the general superintendence over the moral, religious and technical | Guardian to have |
| general superin- | |
| tendence and | |
| instruction, the health, comfort, and general treatment of all such | access to appren- |
| tice | |
| immigrants as aforesaid during their apprenticeship, and shall for that purpose have right of access at all seasonable times to see and converse with any apprentice under this Act, and shall in all matters connected with such superintendence not specially provided for by this Act con- form himself to such written instructions as he shall from time to time receive from His Excellency the Governor. | |
| 8. And be it enacted that it shall be lawful for any Justice of the Peace, upon complaint on oath by any master or mistress or by any | Complaint by master or |
| mistress | |
| such Guardian as aforesaid against any apprentice bound under this Act touching or concerning any misdemeanour, misconduct or ill-behaviour in the service of such master or mistress, to issue his warrant for bringing such apprentice before any two or more Justices of the Peace, who may hear, examine and determine the same, and upon conviction thereof may punish the offender by commitment to any House of Correction or Common Gaol with hard labour for any term not ex- ceeding three calendar months, and may fine such offender to the extent of all or any part of any annual allowance then due to him ; and in case of a second or further conviction, may order (in addition to such fine and imprisonment with hard labour) that such offender shall undergo a whipping not exceeding three dozen lashes. |
| 9. And be it enacted that any time so spent in prison by an Time of confine- | meat to be added |
| apprentice as aforesaid shall not be reckoned part of his term. | to term of f |
And be it enacted that in case of any such second or further t""
conviction, the convicting Justices with the written consent of the iflIsisolgsZèy Guardian may dissolve such apprenticeship in addition to any such apprenticeship punishment as aforesaid.
6 VICTORIA:. No. 8
Juvenile MU* rants
Complaints by
| apprentices | 11. And be it enacted that it shall be lawful for any Justice of the Peace upon complaint on oath by any apprentice bound under this Act or by any such Guardian as aforesaid on behalf of any such apprentice touching any misusage, neglect of due instruction, default in payment of any annual allowance, refusal of necessary provision or clothing or other ill-treatment of or towards such apprentice by his master or mistress, to summon such master or mistress to appear before any two or more Justices of the Peace at a reasonable time to be named in the summons, and upon proof on oath to their satisfaction of the matter of such complaint (whether the master or mistress be present or not if service of such summons be also on oath proved) the said Justices may order payment of such annual allowance or of such portion thereof as shall appear to them to be due, and may also award a pecuniary compen- sation or amends to such apprentice not exceeding five pounds or may discharge such apprentice by warrant or certificate under their hands and seals ; or may (if the Justice of the case shall in their discretion so require) at one and the same time by way of cumulative remedy order and award such payment of annual allowances and amends and grant such discharge ; and such order for payment of any allowance or arrears thereof, and such awards of amends may be carried into effect by distress and sale of the goods and effects of such master or mistress ; and all sums paid or levied under any such order or award shall be handed over to such Guardian as aforesaid for the time being to be by him disposed of for the use and benefit of the apprentice entitled to the same in such manner as His Excellency the Governor shall from time to time in writing direct. |
| master or mis- |
| On default of | 12. And be it enacted that if default shall be made by any master |
| tress Guardian | or mistress in providing medical attendance and necessaries for any |
| or Justice of the | |
| Peace may pro- | apprentice bound under this Act or in duly providing for the decent and |
| vide necessaries | Christian burial of any such apprentice, it shall be lawful for any such |
| for burial, and | |
| recover same | Guardian as aforesaid for the time being or for any Justice of the Peace |
| from master | to make due provision of and for such medical attendance, necessaries, and burial, and if the costs and charges thereof respectively be not paid by such master or mistress within thirty days after written demand of payment thereof, signed by such Guardian or Justice, shall have been left at the usual residence of such master or mistress, such costs and charges may be summarily recovered on the complaint of such Guardian or Justice in like manner as the wages or annual allowance of an apprentice are and is hereinbefore made recoverable. |
| Indenture only | |
| to continue | 13. And be it enacted that in case of the death of any master or indenture of apprenticeship shall not continue or be in force during any longer time than for three calendar months next after the death of such master or mistress ; and that during such three calendar months, such apprentice shall continue to live with and serve as an apprentice the executors and administrators of such master or mistress some or one of them or such person or persons as such executors or administrators some or one of them shall appoint ; and in every such case such execu- tors and administrators or their appointee or appointees shall be subject and entitled during such period as last aforesaid to the same summary remedies as are hereinbefore provided against or for a master or mistress. |
| force for three | mistress during the period of any such apprenticeship as aforesaid, such |
| months after | |
| death of master |
6 VICTORDE. No. 8
Juvenile Immigrants
| 14. And be it enacted that within such three calendar months as last aforesaid it shall be lawful for any two Justices of the Peace, on | Justices may endorse dude/- |
| tam to widow or | |
| application made by the widow of such master or husband of such | husband, Mc. |
| mistress, or by any son, daughter, brother or sister of such master or mistress, by endorsement on any such indenture of apprenticeship, subscribed also by such applicant, to order that such apprentice shall serve as an apprentice any one of such persons making such application as aforesaid (such person having lived with and having formed part of the family of such master or mistress at the time of his or her death) for the residue of the term mentioned in such indenture of apprentice- ship, and such person shall be and be deemed and taken to all intents and purposes the master or mistress of such apprentice under this Act in like manner as if such apprentice had been originally bound to such person by such indenture, and from the date of such order the executors and administrators and the personal estate and effects of the master or mistress so dying as aforesaid shall be released and discharged from any covenant or agreement contained in any such indenture on the part of any such master or mistress. | |
| 15. And be it enacted that all and singular the regulations and provisions hereinbefore made and directed to take place on the death | Death of original |
| master or mis- | |
| tress | |
| of the original master or mistress, shall be deemed and taken to relate to the like event of the death of any such subsequent master or mistress and to their several relations and representatives before enumerated from time to time as often as the case shall happen during the con- tinuance of the term mentioned in any such indenture of apprenticeship. | |
| 16. And be it enacted that in case no such application shall be made as aforesaid within three calendar months next after the death of | determined andApprenticeship |
| indenture at an | |
| any such master or mistress or in case such two Justices to whom any | end |
| such application as aforesaid shall have been made, shall not think fit that such apprenticeship should be continued then, the said apprentice- ship shall be determined, and the indenture of apprenticeship and covenants therein contained shall be at an end in like manner as they would have been at the expiration of the term therein mentioned. | When master |
| insolvent, or | |
| 17. And be it enacted that in the event of any master or mistress becoming insolvent or having been absent from the Colony for any | Colony for above |
| absent from the | |
| three months, Justices may | |
| period exceeding three months, it shall be lawful for any two Justices | dissolve appren- |
| of the Peace, at the request of the Guardian, to dissolve such appren- | request ofticeship at |
| ticeship if it shall appear to them that it is expedient so to do. | Guardian |
| 18. And be it enacted that this Act may be amended or repealed by any Act to be passed during the present session. | Act may be |
| amended |
JOHN HUTT,
GOVERNOR.
SCHEDULE REFERRED TO BY THE ANNEXED ACT
FORM OF A DEED OF APPRENTICESHIP
| This Indenture, made the | day of | between LB., of |
Guardian of Government Juvenile Immigrants, in the Colony of Western Australia, under an Act passed in the sixth year of Her Majesty Queen Victoria, entitled An Act to regulate the Apprenticeship and otherwise to provide for the Guardianship
VICTORIE. No. 8
Juvenile 191(911211Thinta
and Control of a certain Class of Juvenile Immigrants,' of the one part, and C.D., of in the said Colony of the other part : Witnesseth that the said A.B., in exercise of the authority for that purpose in him vested by the said Act of Council, doth hereby put and place ES., one of the said immigrants, to be an apprentice with and under him the said C.D. for the space of
years from the date hereof. The said E.P. during all the said term shall well and faithfully serve the said C.D. in all such lawful business as the said ES. shall be put unto by command or sanction of his said master according to the power, wit and ability of him the said ES., and shall in all things behave himself honestly, obediently and orderly towards the said CD., his family and household, and the said C.D. for himself, his executors and administrators, doth hereby promise and covenant to and with the said A.B. and with each and every the successor and successors of the said A.B. in the said office of Guardian under the said Act, that he the said CD., to the best of his skill and ability, the said D.P., in the craft, mystery (occupation or coiling) of a , which he the said C.D. now useth, will teach and instruct or cause to be taught and instructed as much as thereunto belongeth or in anywise appertaineth, and that the said C.D. during the said term shall find and allow unto the said E.P. sufficient meat, drink, apparel, washing, lodging, medical attendance and necessaries and all other things needful or meet for an apprentice, and pay or cause to be paid to the said A.B. or his successor for the time being as aforesaid, for the benefit of the said ES., the sum
| of | for the | year of the said term, the sum of |
for the year of the said term (the.) by half-yearly payment in each and every year ; and shall and will, at the costs and charges of the said C.D., his executors or administrators, provide decent and Christian burial for the said apprentice in case such apprentice shall die during the said term, and shall and will within days after such death report the same in writing to the nearest Magistrate, together with the cause and circumstances of such death to the best of the knowledge and belief of the said CD., and shall and will on and during every Sabbath day during the said term exempt the said E.F. from labour, and secure his attendance at Divine worship so far as circumstances will admit, and shall and will at all seasonable times during the said term admit the said A.B. or his suc- cessor for the time being as aforesaid to have access to the said ES. for the purpose of inquiring into the health, comfort, progress in instruction and general treatment of the said ES., and afford to the said ES. reasonable facility and opportunity of writing to his Guardian or to his friends and of receiving letters from his said Guardian and friends.
In witness, dm.,
| (Signed) | A.B., Guardian of Government Juvenile Immigrants. C.D. |
(Countersigned)
Governor.
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