Orphans Act 1848 (SA)

No* S*

ORDIALQNCE enacted by the Governor of South Austratia, with the advice

mad consent of the Legislative Cozcncil thereoS,

To Provide by Apprenticeship f o ~ the Protection, Guardianship, and

C o u ~ CIL thereof :-THAT the Committee nominated by the Governor by notice bearing date the Twenty-second, and published in The ' h t k Australian Government Gasette the Twenty-fourth days of Augus(

Advntzcenent in Life of Emigrant Orphan Children, a~rd of

other. Poor Children maintained at the Public Expense.

W HEREAS it is meet that provision should be made for the protection and guardianship of Emigrant Orphans, and of	all other poor Children maintained at the Public Expense, and for
the advancement in life of such Orphans and Children :

BE IT THEKEFORE ENACTED BY THE GOVERNOR OF SOUTH Board to be consti- '

tuted by the Goveroor.

AUSTRALIA, with the advice and consent of THE LEGISLATIVE

August last, or such other Persons as the Governor may from time to time by Notice published as aforesaid in this behalf appoint, shall constitute a Board, to be called The Children Apprenticeship

Board," whereof any Three Members shall be a quorum, and shall

and are hereby authorised and empowered to act in the executio~~

of this Ordinance, according to such instructions as may frolrl

time to time be directed to them by the Governor.

bind Children to such TndPsOIOocupStiDnS Board to bind any of the Male or Female Orphans, or other	B W ~ empowered to 11. AND BE IT ENACTED, that it shall be lawful for the said
ac they may approve. Children who may from time to time be sent out from any part of the United Kingdom to this Province at the Public expense, or at the expense of Parishes or Charitable Institutions; an~i

also any of such other pwr Children as shall from time to time be

supported in whole, or in part by Alms at th? Public expense, when

they shall have respectively arrived at fit and proper ages to be Apprentices to such Masters or Mistresses, and such Trades or Oc- cupations as shall be approved of by the Board, until they shall

come to the age of nineteen years, or any lesser age, at the dis-

cretion of the Board ; and such binding shall be as effectual, to all intents and purposes, as if any such Child were of full age, and

Proviso. by Indenture had bound him or herself: PROVIDED, HOWEVER, that in case any such Female Apprentice shall, previous to the expiration of the said Apprenticeship, marry, then her Apprenticeship shall cease and determine.

m a t u r e s to be exe- EH. AND B.E IT EXACTED, that when any such Child shall be

and by the Person bound Apprentice pu~suant to this Ordinance, Indentures of Ap- by

takingtbeApprentice, prenticcship shall be executed by the Board, of tlic one part, and

and to specify the terms

of the Apprenticeship. by the Master or Mistress to whom such Child shall be bound ApprtmIice its &re,&, of the other part ; and shall colltzliri a Covedant on the part a d behalf af such Master or Mistress, that	during the said Term of Apprenticeship the said Master or Mis-
tress shdl and" will provide such Apprentice with sufficient and
suitable Food, ~ e d d i h ~, Lodging, a i d the means of Washing; and, if requested by such Apprentice, with Clothing, Medical AWndawrp, aa4 M&5ne, sind all other things necessary and fit
f$r A pwntice ; and shall .a& will, gxoperl y and humane1 y treat
t b said pp~atiae, AI and pay particular attentiqn to, his or her Morals ;
and in regard to- raligiiaus i m t w t i ~ n, permit the superintendence of some Clergyman of his or her own Religion, and the attendance of ~ 4 ' & p + e n t i ~ e a t Djvira Servke, when practicable, at least once on
@wry 8wnday :$ AND &&so, that sucll Master or Mistreas sl3d1 and will
B ~ E tbmi4 bppqatjf~,. Wages at sluch times, at such rates, ard in

W+WX M shipJA.be &ed b y the Board, subjeck to deduction of

BUC~SUUMM~~ biF ClONnp,Msdical Attendance, Mediaipe,.aad other

Necessaries

~~cessar ies supplied at the request of the Apprentice, as shall be allowed by the Board; and such Indentures shall also contain such &er lawful Coverlants and Provisoes as are usually inserted in the Indentures of Parish Apprentices in England, or as shall be approved

of by the Board.

to provide in the said Indentures, that after such Apprentice shalt Ijanh. 1V. AND BE IT ENACTED, that it shall be lawful for thc Roard Deposits in Sa.riug,

have served Two Years of his or her Term, such proportion of the Wages to become due to the Apprentice as may be fixed by the Board generally, or in each particular case, shall be deposited by the Master or Mistress in the Savings Bank of South Australia, 011 account of such Apprentice; and every such Deposit sliall be deemed and allowed as a Payment to such Apprentice.

V. A.'D BE IT ENACTED, that it shall and may be lawful ~ n y J J ~ S or ~LL-

for any Master or Mistress of such Apprentice as aforesaid, by sc2nt tress of may, the h t r d, with COW as-

and 6 t h the consent of the Board, by any Instrument in sign A ~ ~ r e r i t i c ~

to any other fit and

writing under their hands, to assign such Apprentice to any fit and proper Person. intended to be assigned shall, at the same tinle, by writing under his

proper Person who is willing to take such Apprentice, for the re-

sidue of the term mentionci.2 in such Indenture of Apprenticeship:

or her hand, stating the said Illdenture of Apprenticeship and

the Assignment aforesaid, declare his or her acceptance of such Apprentice, and acknowledge himself or herself, and his or her Executors and Administrators, to be bound by the Ag~celnei~ts and

Covenants mentioned on the part of the said Master or Mistress to

be done and performecl; and i n such case such Apprentice shall be deemed and taken to be the Apprentice of such subsequent Uaster or Mistress to whom such assignment shall be made, to all intents

alld pLwposes whatsoever.

VI. A N D BE IT E ~ a c r a ~, that it 'shall not be lawful for any No Person to rllolil any Child shall br A p-

such Person or Persons to whom such Child or Children shall be prmticcd or Axsigned

Appl-enticed or Assigned as aforesaid, to put away or transfer ally shall dismiss or dis- Child

Wh Apprentice to another, or in any way discharge or dismiss fmmhisorher srn-ice.

from lrii or her Service, any such Apprentice, without such consent withont a Penalty consrot, of G I ~uidcr o.

as afbresaid, under the penalty of Ten Pounds.

VII. AND B E IT ENACTED, that it shall and may be lawful to one ornlore J W I ? ~. may hear conlplai:~ts

"d for any One or more Justices of the Peace of the said Pro- ,,, by

""% Upon any complaint or application by, or on behalf of m y or against biistresses, their Mastery and itn-

Apprentice as aforesaid, touching or concerning any misasage, pose a fine not exreed- the ing £10, or may d ~ s -

P e f u ~ d of mfficient and suitable Food, Bedding, and.Lodgiag, charge swh Appren-

of Washing, or other Necessaries as aforesaid, or touching t ice, as they see fit.

or

or concerning. any cruelty, or other ill-treatment of or towards such Apprentice by his or her Master or Mistress, to summon

such Master or Mistreas to appear before such Justice or Ju~tices

a t a reasonable time to be named in such Summons; and such Justice or Justices shall and may hear and determine the matter of such Complaint; and upon proof of any such ill-treatment as aforesaid, duly made upan Oath to his or their satisfaction (whether the Master or Mistress be present or not, if the service of such Summons shall also be proved), the said Justice or Justices may impose any reasonable fine or fines, not exceeding the sun1 of

Ten Pounds, upon such Master or Mistress, as a punisl~rnent for

any such ill-treatment as aforesaid; or such Justice or Justices may, if they see proper, discharge such Apprentice, by Warrant and Certificate under their hands and seals, from such Apprenticeship.

Jnstieeslnaydso1lear	VIIT. AND BE IT ENACTED,	that it shall and may be lawful to
complaints agaiastdp-

yrentices fir misk- and for such Justice or Justices of the Peace, upon application or

ha!oury&c.yandmay complaint made on Oath by any Master or Mistress against any punlsh the offender.

such Apprentice, touching or concerning any misdemeanour, mis- carriage, or misbehaviour in such his or her service, to hear and determine the same, and to punish the Offender by commitment

to the nearest Gaol orHouse of Correction there to be kept in confine- ment on Bread and Water for any time not exceeding Fourteen

days; and such Justice or Justices respectively shall and may, in his or their discretion, and as the justice of the case may require, either with or without such punishment, discharge such Apprentice from his or her Apprenticeship, in the like form and manner as

Proviso. hereinbefore directed: P a o v r ~ m Howsvm, that in all cases where any Justice or Justices of the Peace shall discharge any B p prentice from his or her Apprenticeship, under the provisions of this Ordinance, such Justice or Justices shall forthwith intimate

his decision to the Board, who shall further dispose of such Ap-

prentice as to the said Board shall seem meet.

hrd Or other Per- 1x. AND BE IT ENACTED, that it shall be lawful for the Board,

sons duly appointed to

visit and report	or 8uch other Persons as the Governor may from time to time, h7 notice published in The South Awtrnlian Government Gazette in that behalf appoint, tovisit every such Apprentice, and ascertain whether the terms of the said Indentures have been fulfilled; and froln time to time make such Reports to the Colonial Secretary as
be required by Order of the Governor, or as may be necessary, W garding the attention paid to the Moral or Religious welfare, and t o the treatment of the Apprentices; and for such purposes, every such Master or Mistress shall personally produce any such AP'
prentice, on the request of such Visitor, or show sufficient cause
for his or her absence.

X. AND

X. AND BE IT ENACTED, that the said Board shall, by virtue Board to be the Legal Guardians of such

d this Ordifiance, be the Legal Guardians of all such Orphans or

other Children as aforesaid, until such Orphans or other Children

,

shall attain the age of nineteen years; and the said Board shall

have and exercise the same powers as any Guardian of Infants law-

fully appointed, according to the order and course observed in

England.

XI. AND BE I T ENACTED, that where any Indenture shall have y;; and bentq considered

Principals.

been made by, or any Work or Business shall be eutrusted to the of any Master or Mistress; and also where'Two or more Persons shall carry on Business as Partners, in every such case respectively the like proceedings shall and may be had and made by or against such Agent, Overseer, Manager, or any one or more of such Part- ners, and shall be as effectual for all the purposes of this Ordinance

as if the same had been had and inade by or against the Principal

or all the Part i~ers : PROVIDED that where any such proceeding P I ~ + O.

sliall be had against an .4gent, Overseer, or Manager in respect of

ally cause of Complaint, not being for the personal misconduct of

such Agent, Overseer, OS Manager, all sums of Money paid or

satisfied by such Agent, Overseer, or Manager, by virtue of any

Adjudication made in pursuance hereof, shall be recoverable by him agaiast the Master or Mistress from whom the same is adjudged

to be due, or shall be allowed to him out of any Moiicy at the time

of payment, or afterwards in his hands belonging to suck Master or

Nistrcss.

XII. i ? BE 1.r EXACTED, ~ ~ that where any Married Woman men As fox%rried an? Jnf'ants. W*)- \

or Infant under the age of Twenty-one years shall have cause of

Ccmplaint in any of the cases provided f'k by this Ordinance, such

Complaint Inay be lodged, and all farther proceedin g :thereupon

had, by and in the name of the Husband of such Marrled Woman; and of the Father. or any of the Kindred, or any near Friend of such 1~fai:t; or in the case of any of the Emigrant Orphans or Children Apprentices, bound by Indentures under this Ordinance, of any Person nominated by the Board, or by such ~ppren t i ce; and all such proceedings slljll be as effectual, valid, and binding as if such

Married Woman was sole, and such Infants were of full age, and

Pursued by theinselves the remedies provided by this Ordinance.

XUI. A N D B E r-r ES.~CTED, that any Indentures to be executed FOrulOf'n"''t""'a

in pursuance of this Ordinance shall be ~ o o d and sufficient in the form or to the effect of the form of the Schedule hereto annexed, and the same shall not be void or voidable for any mere defect OT

r form.

XLV. Asu

I l a d w t ~ s to in XIV, AND BE IT ENACTED, that such Indentures may be ere-

original, and c -

copy thereof&& m- m6ed in Original only, withont Duplicate or Counterpart, and

dance.	shall as soon as practicable be Deposited at the Office of the Ho.
norary Secretary of the Board, or such other Officer as the Go.
vernor from time to time may in this behalf appoint; and sucll
Secretary or other Officer shall receive and retain the same in
secure custody, aud allow inspection thereof to any party inte- rested, and on the payment of One Shilling, and on proof to his
satisfaction of the aignatures of the parties thereto, or of the at-
testing Witness, shall grant to any person interested therein an office
copy of such Indentures, certified as a true copy under his hand,
which office copies so certified shall be sufficient evidence of such
Indentures, in like manner as i'f the original were produced and
proved according to Law.

&eove~.~ ofpenalties XV. AND BE IT ENACTED, that all Penalties and Sums of

and Monirs.	Money incurred and payable under this Ordinance, may be sued for and recovered in a Summary way; and all Convictions aud
Judgments of such Justices may be had and made, and shall bc
subject to Appeal, in manner provided by the Laws of the Pro- vince for the time being for regulating Summary Proceedings beforc
Justices of the Peace,

NO Crrtiwa?i, XVI. AND BB ~TENACTED, that no Conviction, Order, Warrant,

or other matter made or purporting to be made by virtue of this

Ordinance, shall be quashed fur want of Form, or removed by

Certiorari or otherwise into the Supreme Court; and no Warrant

of Commitment shall be held void by reason of any defect therein:

Proviso.	PROVIDED that it be therein alleged that the party has been Cou- victed, and that there be a good and valid Conviction to sustain the
same.

Application of Penal-	XVII. AND	BE XT ENACTED,	that all Penal ties and Sums of
tles.

Money recovered under this Ordinance shall be paid to the Colonial Treasurer on behalf of HER M A JESTY, Her Heirs and Successors, and applied to the Public uses of the Province, and support of the Go. vernment thereof.

Rfpeal part of 6th XVIII. AND BE IT ENACTED, that so much of an Ordinance oj

Victoria, No. 1 1, and

otherOrdinancessof~ the Governor of South Australia, with the advice and consent of

asmlam * P P ~ - Legislative Coutlcil thereof, bearing date the Fourteenth day 01

ticing of Children sub-

ject *G this ~rc~inmce.

F e b ~ a r y, One Thousand Eight Hundred and Forty-three, intituleq

" An Act to provide for the Maintenance and Relief of Desertec

" Wives and Children, and other Destitute Persons, and to m&

" the Property of Husbands and near Relatives, to whose assistaact

" they have a natural claim in certain circumstances, available fol

" their Support ;" as also so much of an Ordinance bearing dab

the Twenty-third day of July, One Thousaod Eight Hundred ant

Forty-seven

Forty-seven, " To amend the Laws relating to Masters and Ser-

vants," and so much of any other Ordinance or Law as relates

10 the Apprenticing of any Children subject to the provisions of

tllis Orchance, and to the determination of disputes and com- plaints relating thereto, or in respect thereof, shall be and the

same are liereby repealed: PROV~DRD ALWAYS, that nothing herein Proviso.

contained shall be construed to alter or affect an Ordinance bearing date the Twenty-eighth day of August, One Thousand Eight Hundred and Forty-four, 'l'o provide for the Protection, Main- & ( tenance, and Upbringing of Orphans and other nestitute

Children of the Aborigines."

XIX. AND BE 1~ ENACTED, that this Ordinance shall commence c,,n,,,,,,e,t.

and take effect from and after the passing thereof.

H, E; F. YOUNG,

Lieuten an t-Governor.

fussed tile Lgislutive Council, this Tenth

day of November, One Il'housand Eight

lirozdred and Forty-eight,

W. L. O'HALLORAN,

Clerk of Council.

SCHEDULE,

SCHEDULE REFERRED TO.

THIS INDENTURE, made the clay of

in the year of our Lord (pursuant to an Ordinance enacted by the Governor of South Australia, with the advice and consent of the LeEi&tive

Council thereof, bearing date (1) )

WITNESSETH that ( 2 ) being three and a clur!rual

of the Children Apprenticeshi	Board constituted by the said Ordinance, by virtue aud
in exercise of the powcrs in t 1	em vested-HAVE put ylaccrl :uld Found ancl by t!lM?

presents do put place and bind (3) aged

years or thereabouts being an Orphan a native of t t ~ d an cmigral~t

t o South Australia under the superintcndcnce of Her Majesty's (1 ovcrnmcii~ by the

ship arrived the day of , or being

as and to be an apprentice to (4> with (5) to

dwell and live from the day of the date of these presents until tlie

(or until the time of her marriage which firbt shall happen) during all wliich teriu (6 )

the said apprentice (7) baid c9 faithfully shall

serve in all lawful businesses according to G) power skill and diilit?

and honestly orderly and obedicntly iu all things demean and bchavc (9)

towards ( 7 ) said (8 )

In consideration whereof the said (8) for (9 and 7)

executors and adnlinistrstors doth by these presents covenant promise and agree to and with the said Board and every of them and their and every of their sucoewrs for

the time being and thcir assigns that (10) the si4id

during all the time aforesaid the said apyrcntice in the (8)

(11) b l d 1 a11d

will teach and instruct or cause to be taught and instructed in the best may a d manner that (10) can and sliall and will find provide and allow i n t o t h e said apprentice sbfficient and suitable food bedding lodging and washing or the lacw

of washing and (at the request of thc said apprentice clothing llzedical attenclauc~ i d

medicine) and all other things necessary and fit far an app~untice : Ancl also shall a d

will properly and humanely treat the said apprentice and pay particular attc!~tion tl

(7) morals and in regard to religious instruction permit the supcriatciidc!~~~

of some clergyman of P> own religion and the attendance of such

prentice at Divine Service when practicable at least once on every Sunday: +ind

ball a d will pay to the said apprentice by equal quarterly payments on the

days of March June September and December respectively in every year during tb(

$aid term wages at the following rates per annum that is to say (12)

Provided always that i t shall be lawful for the said (RI t v dcdul:

from the said wages from time to time such ailw.mts as sllall have been rcasoll~bll

expended a t the request of the said apprentice in procuring clothes rrkedical attendauct

or other necessaries: Provided also that the said (8) shall OH or before (14

pay into the Savings Bank of Sonth Australia in the name of such apprentice the y e d sum (13) for each and every year durhg the last years of the baid a&

prcnticcship to be receivable by such apprentice the interest at the detcruzina?iul

of these presents: Provided also, that i t shall and may be lawful f o ~ the said @)

by indorsement on these presents or by any other instrument in writing by and mit, I

the consent of the said Board or their successor8 or a quorum thereof under the'

11 rtd

handy to assign such apprentice to an3 fit or proper person milling to take such apprentice for the residue of the said tern1: Provided also, that such person to whom

~ u c h apprentice is assigned shall at the same time by indorsement on these presen ts

or by writiug under (7) hand stating the said apprenticeship and the

assignnlent and consent aforesaid, declare (7) acceptance of such apprentice

trud acknowledge (9 and 7) csecutors and administrator8 to be bound

by the agreements and covenants hereinbefore contained on the part of the

to be clone and perforrncd: Provided also, that the covenants and agreements on the (8)

part of the (8) to be done and performed under these presents

sliall continue and he in force for no longer time than for one calendar month next

after the death of the said (8) in case (10) shall happen to die during the continuance of such apprenticeship and in such event i t shall

be lawful for the said Board to assign the said apprentice for the residue of the said

term in like manner as hereinbefore mentioned: Provided also that these presents shall

in respect of the manner of fulfilment and performance hereof be subject to the

approval and control of the said Board and shall in all respects be subject to the provisions of the before mentioned Ordinance and of any other law hereafter to be in

force within the Province so far as applicable hereto. In witness, &c.

(1) Date and title of Ordinance.

(2) Names and additions of the Members of the Board executing the Tndenture.

(3) Name of the apprentice.

(4) Name of the master or mistress.

(5) '' Him" or '( her."

(6) Date of the determination of the apprenticeship; if n male, strike out the

words in parenthesis.

( 5 ) " His" or " her

(8) ( l nlrwter" or " mistress.

. (9) (' Hiinself" or herself." (10) l' He" or (' she."

(11) The trade or occupation.

(12) The rate of wages fixed by the Board as applicable to t l ~ c

taw

(13) Sums fixed by the Board.

(14) Time of Deposit into Swings Bank.