Infant Convicts Act 1849 No 21a (NSW)

No. XXI.

An Act to provide for the Care and Education of

Infants who may be convicted of Felony or

Misdemeanor. [5th September, 1849.]

W H E R E A S it is expedient t ha t every facility should he offered for

t h e improvement and be t te r educat ion of infants unde r t he

age of n ine teen years w ho have been or may be convicted of felony or misdemeanor Be i t therefore enacted by H i s Excel lency the Governor of New South Wales wi th t he advice and consent of t he Legislat ive Council thereof Tha t in every case in which any person being u n d e r t he age of n ineteen years has been or shall hereafter be convicted of felony or misdemeanor it shall be lawful for the Supreme Cour t of New South W a l e s or any .fudge thereof u p o n the appl icat ion of any person or persons who may be wil l ing to t ake charge of such infant and to provide for h is or he r ma in tenance and educat ion if such Court or J u d g e shal l find t h a t t he same will be for the benefit of such infant due regard being had to t h e age of t h e infant t h e prevent ion of c r ime and to t h e c i rcumstances hab i t s and charac ter of t h e pa ren t s or tes ta­

m e n t a r y or na tu r a l guardian of such infant to assign the care or

cus tody of such infant du r ing his or her minor i ty or any pa r t thereof to such person or persons upon such t e r m s and conditions and subject to such regula t ions respect ing t h e ma in tenance educat ion and care of such infant as the said Cour t or J u d g e shall t h i n k proper to prescr ibe and direct and upon any order for t h a t purpose being m a d e and so long as t he same shal l r ema in in force t h e same shall be b ind ing and

Supreme Court of the said Colony.

obl igatory upon the father and upon every t e s t amen ta ry or n a t u r a l

gua rd ian of such infant and no person or persons shall be ent i t led to use or exercise any power or control over such infant which may be inconsistent wi th such order of t he said Cour t or J u d g e Provided always t h a t t he said Supreme Cour t m a y a t any t ime rescind such ass ignment or from t ime to t ime rescind a l ter or vary any such t e rms or condit ions or such regula t ions as to t h e said Cour t m a y seem fit and provided also t h a t the said Cour t shall and may award such costs as to i t m a y seem fit aga ins t any such person or persons who shall m a k e such appl icat ion as aforesaid if such applicat ion shal l not appear to the said Court well founded and such costs shall be payable to any paren t or other n a t u r a l or t e s t amen ta ry guard ian of any such child who shall oppose such applicat ion.

2. A n d be it enacted Tha t in every case it shall be a pa r t of t he t e rms and condit ions upon which such care and custody shall be assigned t h a t the infant shall not du r ing t h e period of such care and custody be sent beyond the seas or out of t he jur isdic t ion of t h e said

3. A n d be i t enacted Tha t no fee reward emolument or g ra tu i ty whatsoever shal l he demanded taken or received by any officer or minis ter of t he said Supreme Cour t for any m a t t e r or t h i n g done in t h e said Cour t or by or before a Judge; thereof in pursuance; of th i s A c t and tha t upon the" m a k i n g or opposing of any such application it shall be; lawful for any J u d g e of t he said Court to assign Counsel learned in t h e law and to appoint an At to rney of the said Cour t to advise and carry on or to oppose such applicat ion who are hereby required to do their duties there in wi thou t fee or reward.

4. Provided always and be it enacted That no th ing in this Act conta ined shall affect or in any manne r interfere wi th t he execution of the; sentence which may have been passed upon, such infant upon his or her conviction.

5. A n d be i t enacted That all the' powers hereinbefore granted to the Supreme Court of New South Wales or a Judge; thereof shall and may be lawfully exercised by the Supreme Court at Port Phi l l ip or the; Res iden t or any other J u d g e thereof.