Maintenance Act 1843 (SA)

ANNO SEXTO

By His R~cslZency GEORGE GREY Esquire G o a e r n ~ and Commantler-in-

CI~icf oJ' Her Majesty's Prooiwe of South Australia and its Dependencies and 17icc-Acimiral o f the same by and with the advice and consent o f the Legislative CowzcX

AN A CT to provide fir the maintenance and relief qf deserted Wives a d Children and other destitute persons aad to make the property of Husbands and near Relatives to whose assistance the9 have a n a t u ~ i l

claim ~ Y L certain, circumstances available ,for their support.

HEREAS by reason of death sickness and other casualties as

South Australia and its Dependencies and Vice-Admkal of the same and with the advice and consent of the Legislative Council thereof That

well as by the desertion or neglect of husbands parents and

lear relati~es it has frequently happencd that wives and families

ave been lcft without adequate means of support and it is expe- ient that the property and mcans of such husbands parents and

r near relatives should be made available for the relief of those

have a natural claim to their assistance:

BE IT THEREFORE ENACTED BY HIS EXCELLENCY GEORGE GREY

quire Governor and Commander-in-Chief of Her Majesty's Province

I

2

That from and after the commencement of this Act the father and grandfather mother and grandmother and the children of evcry

Dwtitute persons to	poor and destitute -persod not able to work being of sufficient ability
be maintained by	shall at their own chargw relieve and maintain every such destitute
their near relatives.	person in such manner :and accorrling to such rate as by any two Justices of the Peace foi the Province may be assessed and ordered under the provisions of this Act.
maintenance : Pro-

justice^ may order 11. And be it further enacted that if' it shall be made to appe;

- ceedings.

to the reasonable satisfaction of any Justice of the Peace upon th complaint of any reputable householdcr that any person is poor an destitute and unable to support him or herself bp labor and tht such person hatli a father or grandfather mother or grandmotht child or children within the Province of s~ifficient ability to relie] and maintain or to contributc to the relief and rnaintenancc of sue poor and destitute person i t shall be lawful for such Justice to sun mon such father. or other near relative before nientioned to appc; before any two Justiccs of the Peace at a timc and place to be mtrar in the summons to show cause why he should not relieve and mail tain or contribute to the relief and maintenance of such poor dcstitut person and upon the appearance of such father or other relativc; aforesaid or upon proof being made to the satisfaction of the Justia who may attend at the time and glace appointed that such fjttlor ( other relative hath been duly served with such summons such Justicc shall enquire into the mat.kr and if they shall be of opinion that suc father or othcr relative is of sufficient ability to relieve am1 maintain ( to contribute to the relief and maintenance of such poor destitute pe rx then it shall be lawful for such Justices to order that sach father ( other relative shall pay either wueldy or otherwise to such person: they shall think fit to appoht such sum of money as in tllcir judglnel they shall think such father or other relative can reasonably affol and ought to contribute towards the relief and maintenance of suc poor destitute pcrson: Provided that it, shall be lawf'ul for suc Justices from time to time to suspend or determine the said order ( to alter or vary the same according as circuinstances slrall sccni 1

them to require.

Unlawful desertion

111. And be it enacted that if any man shall unlawfully desert h desert any of his children undcr the aggof ten years leaving h( or them without means of support it shall bc lawful for any Justic of the Yeace upon the complaint of such wife or children or of soil person on her or their behalf to cause the husband or father as tl case may be to be summoned to appear or to be brought by tvarrai before any two Justices of the Pcacc to answer such complaint all upon the day appointed in the summons or wanant or upon son

Justices may fine

wifc without reasonable cause for so doing or if he s l d l unlnwftL

of wives or children.

and im~rison besides

orderiig maintenance.

dc

day of adjournment when the party shall be brought before them on such warrant or shall appear upon such suinmons or upon his failing to appcar after having bcen duly summoned the Justicrs then present shall proceed to enquire into the matter of such complaint and if they shall be satisfied that tlic party complained of hath unlawfully witilout reasonable cause deserted his wife or any such ehildrcn as aforesaid and hath left thew without means of snpport such Justices shall so adjudge and it shd l hc: lawf~d for them to punish him for his said offence by a finc not cscecding five poulds or by im- prisonment with or without hard labor for any term not cxcceding two months for the first offence and by a finc not exceeding ten p u n & or iniyrisuninent with hard labor for a term not ex- cccding thrcc months a second or subsequent offence: Provided also that it shall be lawful for such Jnstices if t h y s l d l deem it expe- dient so to do to order that the husband or father complained of s l d l pay to the wife or to sornc ~wpnnsihlc person on her b e l d f or

on bch;~if of t l ~ child or chilrlrcn :is tlw msc may bc such reasonable

sums of n:oney for the tn.~inten;mre of his wiii or children either

wceltly or otherwise 3s tu tlie Justices shall seem fit.

IV, And be it enacted that if in any case it shall be nmdc to ap- H~~sbmds mid ncm

rekati~ ea absconding

pear upon oath to the satisfaction of unp such two Justices that any to defi.at tllia

husband lmth quit tcd t he I'rovincr or kccph imse l f collcealed or Act Jubticcs nlny m- thorizo the ri5utr u1

away froin his usual place of abode with irltcnt to dcscrt his wife or ,,,L,

chilclren or that any person ]lath yuittccl the ~ O I - i n c e or kccps con- applirdalldtlleir ~ O O C ~ J to be s&ad

cealed or a-way from his usual ?,lace of abodc v-it11 intent to avoid ,,,l sold for the

the p q m m t of m y sum of money he mng; have been ordered to pay ""i"twfi" and neai rclati5c.s or f\i\"'

to~vards thc rclicf of' any such near relative or hath quitted the

Province leaving belliid l& ally such pour and dcstitntc rdatise as i t is hy this Act dcclared he oughi to support then and in any such case it shall be lawfrxl for snch Jnsticcq by their order under their hnncls and seals to authorize somc responsible person forthwith to wccivc so much of the rents andprofits of tlle realcstate ofsuch husband or other person and to seize and sell such portion of tlic personal estate of such hus- band or other person as by the Justiceb may from time to time bc clccmccl

necessary and to appropriate the money received towards the mainte-

nance and support of such wife or poor destitute relative in such imu-

ncr as such Justices slm11 dircct: Provided always that nothing herein contained shall be construed no as to illtcrfere with the just rights claims or remedies of any person to whom any such person quittmg the Province or lieeping concealed or away from his usual place of abode may be indebted: Provided also that the receipt of suchresponsi- ble person as aforesaid shall be u good discharge to any tenant or other person for all lnorlcy s paid by him and aclinowledged in such receipt to bc paid: I'roviclecl also that such person shall frorn time to time be acckmtable to the Justices in G encinl Scssions for all such money

1 us he sllall rcceire by virtue of this *4c4ct. V. And

Penalty for falsely

deposing. V. And be wilfully make any

false statement on oath	in any proceeding before any
Justice under the	Act shall be deemed guilty of

perjury and shall suffer such punishment as

may by law be of wilful and corrupt

perjury.	t
r
k

Provision as to	illegiti-	VI. And be it enacted &at the provisions of this Act shall extend to and include illegitimat4 children provided that no man shall be taken to be the father of ahy illegitimate child upon the oath of the inothcr only: Yrovided ako that in every case where it shall appear to the Justices that the +other of an illegitimate child is able to contribute to its support iti shall be lawful for him or them to direct that she shall so contributk as well as the father in such proportions respectively and in such 4anner as such Justices shall think fit and
mate children.
if in any such case it shall appear that the mother only is of such
ability it shall be lawful fdr the Justices to make an order in respect I of her alone.

Proceedings for cn-

forcing orders under

VII. And be it cnacted that it shall be lawfill for the Justices by whom any order shall haw been made under this Act touching thc support of any wXe or child or other destitute person as aforesaid or for any other two Justices fro211 time to timc in a summary way (with or without any application for that purpose) to make such orders in writing as he or they may think necessary for better securing the payment and regulating the receipt of the allowance directcd for such destitute person's support or for investing and applying the proceeds of the goods or rents if any diiected to be sold or collected or for ensuring the due appropriation of spch allownnce to the bnnajde purposes of maintcnancc or for causing any child or children to be properly brought up and educated and any one Justice shall have power at

this Act.

any time in a summary way to enquire into the disobedience or

alleged disobedience of or non-compliance with any such order or with any order made by shy Court of General Sessions of the Peace as hercinaftcr mentioned and for that purpose to summon and

examine all proper partie$ and witnesses and to enforce compliance or punish the non-compliance with such order either by committal

of the offending party until the same shall have been complied with or by the imposition of n fine not less than five pounds nor more than fifty pounds: Provided always that no Justice shall review alter or annul any order or proceedings of any othcr Justice with- out the concurrence of such Justice issuing such order or proceed- ing.

Proceedings for pe-

nalties appeals &c.

VTII. And be it enacted that all proceedings undcr this Act

whether before two Jugtices or one Justice shall be had

and

and taken and all summonses to parties and witnesses and war- rants (where necessary) for enforcing the same shall be issued and served or executed respectively and all f in~s ' im~osed and all sums of money ordered to be paid by any husband father or other near relative as aforesaid may be recovered and every pemon feeling aggrieved by the imposition of any such fine or by any o d e r of any two Justices under this Act shall be entitled to appeal thcrefrom upon the tcrms and in the manner and form respectively which are prescribed by Act of Council for regulating summary proceedings before J-ustices of the Peace so far as such provisions shall be applicable.

General Sessions of the Peace holden for the Province or the district modify orders. IX. Provided always that it shall be lmvful for any Court of Gcncrnl Scssions may

within which any order under this Act slmU have been made upon appeal to quash confirm or vary any such order either in whole or in part at discretion or to substitute a new ordm in lieu thereof and for that purpose every order made by any two Justices under this Act shall be transmitted by such Justices under their hands and seals to the Clerk of such Court at any timc on dmdnd by either party.

X. And bc i t cnacted that it shall be lawful for any two Justices Two Justicos m ~ y bind any rhild RN dn

with the consent of either of thc pitrcnts if living and within the Province but if otherwise then without such consent on the applica- tion of any reputable householder to bind by indenture a d put out any child in respect of whosc: ~naintenancc any order shall have been made under this Act such child having attained thc agc of thirtccn years as an apprentice until he or she shall attain the age of eighteen years to any master or mistrcss 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 intents and pur- poses as if the child had bcen of full age and had bound himself or herself to be such apprentice: Provided that such two Justiccs prc- viously to executing such indenture shall inPorm themselves as fully as they can of the child's age which age shdl be inserted in such

indenture and shall thereupon for the purposes of this provision be

taken to be the child's true age without fmtlier proof: Provided

also that such Justiccs shall see that in the indentures due and reasonable provision is made for the maintenancc clothing and wages of the apprentice and for the proper and humane treatment of any such apprentice.

XI. Ikncl be i t enacted that it shall be lawful for any Justice Power o f ~ u s t i c ~ c s

be-

tween mastcm nntl

upon complaint* by any such master or mistress or by any such ,l,p,,,i,,,

apprenticc of misbehaviour by the apprentice on thc one hand or

of ill-usage by the master on the other to issue a summons or

warrant to bring the party complained of before any two Justices

l

who

f ti

who may investigate atter and cithcr dismiss such complaint

or punish the party ned of if thc rnastcr by fine and im-

prisonment if the a	by imprisonment not exceeding in
either case three	if it shall appear to such Justices

that there is or ha terate ill-usage by the mastcr. or in- corrigible misconduct in] the apprentice it shall be lawful for such

Justices to make an orde8 cancelling and annulling the indentures,	i
f

Awignmentorrovow	' XII. And be it enacteg that in the event of the death of any such
tion of indenture.	master or mistress his o$ her executor or administrator may with the approbation of any twi, Justices assign any such indenture for the

5 rcsidue of the term then xinexpired therein and any two Justices may in case of such death a& upon the application of the master or mistress in case it shall ear to be for the benefit of the apprentice so to do assign any S indcnturc to any other pcrson or may absolutely cancel the indedturein case there shall be no such executor 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 hq or she had been the mastcr or mistress originally named therein. '

uashed for want of

!arm nor removed by- other matter made or puiporting to bc made by virtue of this ,4ct certiorari. shall be quashed for wdnt of form or rcmovcrl by rartiorrr,i or

otherwise into the ~ n p r e b e Cowt and no warrant of commitment

shall be held void by re4on of any defect therein: Pro~ided that it be therein alleged thaf the party has been coiivicted and that

there be a good and valid~conviction to sustain the same.

Limitation oflotions	XIV. And hc it crmked that no action at law shall lie against any Justices of the ~ e a e e for any matter or thing which may be done or commanded by t h m in pursuance of the provisions of this Act unlcss there be direct proof of corruption or rmlice and unlcss such action be commence4 within three calendar months after thc cause of action or compl+int shall have arisen and if any Justice or Justices sl~slll be sued %r any mattcr or thing done in pursuance
agamst Justices.
of this Act the defendan$ or defendants in any such action may
plead the general issue give this Act and the special matter in
evidence. ,
XV. And be it enact& that the amount of every fine imposed to say one rnoicty thereof shall be paid as the Justices sllall in their hismetion direct eitqer wholly to the use of the wife or child or other destitute person ;as aforesaid in respect of whose main- tenance the original order shall have been made or partly to that use

Appropriation of

penalties. under this Act shall be aBpropriated and applied as follows that is

'i partly

partly to the use of the party informing $r prosecuting and partly to the Colonial Treasurer to the use of Her Majesty Her Heirs and Successors for the public uses of the Prqvince and support of the Government thereof and the other moie$ thereof shall be paid to the Colonial Treasurer and appropriated 40 Her Majesty IIcr Heirs and Successors for the public uses of the Province and support of the Government thereof.

G. GItEY,

Goyenlor South Australia.

A4. 11. XIUNDY,

Clerk of Council.

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R u u n r u a: Printcd by authority, by W. C. Cox, Government Printer, Victoria-square.