State Children Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QTJINQUA-

GESIMO NON0

VICTORIA3 REGINB.

A.D. 1895.

No. 641.

An Act to amend the Law relating to State Children, and

for other purposes.

[Assmted to, Dtxember 20th, 1895.1

it Enacted by the Governor of the Province of South Aus- tralia, with the advice and consent of the Legislative Council

and House of Assembly of the said province, in this present Parlia-	BE
ment assembled, as follows:

PART I.

PlCELIMINARY.

A-64 1

58" & 5 9 O VICTOKIE, No. 641.

1, This Act may be cited as " The State Children Act, 1895." Bhort title.

2, This Act is divided into parts, as follows:- Parts.

PART I.-Preliminary :

PART 11.-The State Children's Council: its Constitution,

Powers, and Functions:

PART 1r1.-Institutions: their Establishment, Inspection, and

Abolition:

PART xv.-State Children:

(a) Their Commitment, Detention, and Release :

( b ) Apprenticing and Placing Out:

PART. v.-Maintenance of Children by their Relatives:

PART vr.-The Licensing and Supervision of Lying-in Homes

and Foster-mothers:

PART VII. -Procedure, Penalties, and General Matters.

3. The

The State Children A c t. 18%.

PART X, 3. The Acts specified in Schedule A to this Act are hereby

Repeal.	repealed to the extent specified in the third column of that
~6hedule: Provided thatL

(1) Any appointment (except as hereinafter provided), mandate, or order made, any licence granted, and any indenture of apprenticeship or contract entered into under any enact- men t hereby repealed, shall continue in force as if the same had been made, granted, or entered into under this Act:

(2) Any enactment or document referring to any enactment

hereby repealed shall be construed to refer to the cor-

responding enactment in .this Act:

(3) Any deed, licence, mandate, order, or other document referring to the State Children's Council shall, after thc appoint- ment of the Council under this Act, be deented to refer to such last-mentioned Council:

(4) Except as aforesaid, this repeal ehall not affect any right, interest, or liability already created, incurxed, or existing; nor anything lawfully done or suffered under any enact- ment hereby repealed; and any proceeding in respect of any such right, interest, or liability may be carried on as if this Act had not been passed:

4, In this Act, unless the context otherwise requires, the fol-

~ n t e v t s t i o n.

lowing exprcssions in inverted commas have the meanings hereby

assigned to them respectively, that is to say-

" Chief Secretary " means the Chief Secretary of the province:

Child " means any boy or girl under thc age of eighteen years; and, in the absence of positive evidence as to age, means any boy or girl under the apparent age of eighteen years:

(L Convicted child " means any child found guilty or convicted of

any crime or offencc punishable by imprisonment:

Council " means the State Children's Council constituted under this Act:

G Destitute child " means anv child who has no sufficient means of subsistence appareni to the Justices, and whose near relatives are, in the opinion of the Justices, in indigent circumstances and unable to support such child, or are dead, or unknown, or cannot be found, or are out of the jurisdiction, or in the custody of the law; or any child born in any establishment under the control of the Destitute

Bomd :

"

fister-mother " means a female having the care, charge, or

custody of a child under two years of age to adopt, rear,

nurse, or otherwise maintain such child apart from his or her

parent, and not being a near relative of such child:

58" & 59" VICTORIE, No. 641. 8

pp _ . _ _ ̂ - - P -

The Htate Children Act.-1895.

(dFoster-pa.rent " means any person to or with whom a State child is apprenticed or placed out under this Act, or under any enactment by this A& repealed, and includes the assignee of such person:	PART	I.
" Inmate" means a State child maintained in an institution:
" Institution " means and includes the Receiving Depbt, the Reformatory School for Boys, the Reformatory School for Girls; every depbt, industrial school, probationary school, or reformatory school established undcr this Act; and every private reformatory school or private institution proclainzed under this Act; and all other institutions, schools, and places for the time being under the care, control, or supe&sion

of the Council:

c c Judge " means a Judge of the Supreme Court:

Justice" means a Justice of the Peace, and G Justices " means a Bpecial Magistrate, or any two or more Justices of the Peace:

" Lying-in home " means a place for the accommodation of femalels

duricg their confinement and lying-in, but does not include any asylum or place under the control of the Destitute Board.

" Maintenance " includes clothing, support, training, and educa-

tion:

'' Maintenance order " means an order made by Jnstices for pay- ment of money by any near relative in respect of the main- tenance of a child:

'' Member " means member of the Council, and includes Preaidcnt:

Near relative," except as regards an illegitimate child, means

and includes the father, mother, stepfather, stepmother,

' grandfathers, and grandmothers of any child; and, as regards an illegitimate child, means and includes the mother, putative father, and the husband of the mother of such child:

'' Neglected child " means any child who-

I. Habitually begs or receives alms, whether under the pretext of sale or otherwise, or frequents any public place for the purpose of ao begging or receiving alms; or

11. Wanders about, or frequents any public place, or sleeps in

the open air, and does not satisfy the Justices that he or

she has a home or settled place of abode; or

rrI. Resides in any reputed brothel, or associates or dwells with

any person known to the police or reputed to be a pros- titute, whether such person is the mother of such child

or not; or

TV. Associates

a 58" & 59' VICTORIE, No. 641.

The lState Children A c t. 1 8 9 5.

PART l,

P-	m. Associates or dwells with any person who has been con- victed of vagrancy, or is known to the police as of bad repute, or who has been or is reputed to be a thief or habitual drunkard; or
v. Being under the age or apparent age of ten years, sells or offers for sale, between the hours of eight o'clocls in the evening and five in the morning, in any public place or in any place other than the child's home, any matches, newspapers, or any other article whatsoever; or
vr. Is brought by his or her parent before Justices as an lmcontrollttble or incorrigible child to the intent that such child may be scnt to an institution, or othcrwise dealt with pursuant to this Act, and whose parent undertakes to give security to the satisfaction of the Justices for the maintenance of such child in such institution; or
vt r. Is under the guardianship of any person whom Justices shall

consider unfit to have such guardianship; or

vm. 1s illegitimate, ancl whose mother is dead or is unable to maintain or take charge of such child, and whose father or putative father is not known, or cannot be found, or is unable to maintain such child, or is out of the province:

"President" means the president of the Council:

Prescribed " means prescribed by this Act or the regulations:

'' Private institution " means an institution or establishment for the detention, maintenarlce, training, education, and employ- ment of destitutc or ncglected children, established and main- tained by private persons:

" Private reformatory school " means a school or institution for ment, and education of convicted children, established arid	the detention, maintenance, reformation, training, employ-
maintained by private persons:

a Proclamation " means proclamation by the Governor in the

Government Gazette.

" Public place" means and includes every erection, building, or place to which free access is permitted with the express or tacit consent of the owner; or to which the public are admitted on payment of money, and the test of the right to admission to which is the payment of money only; and also every road, street, thoroughfare, footway, court, or alley to which the public have the right of access, or which the public

are allowed to use:

a Putative father " means a person adjudged to be the putative

father of an illegitimate child:

Regulations "

58" & 5 9 O VICTORIE, No. 641.

The State Children Act.-1895.

-- PART 1.

Regulations " means the regulations in force under this Act:

C ' State child " means a U convicted child," '"destitute child," or

neglected child " received into or committed to an institu- tion, or apprenticed or placed out under the authority of this Act or any Act heretofore in force:

" The Destitute Board " means the board appointed pursuant to Act No. 210 of 1881:

" This Act " includes regulations:

Writing " includes printing and vice versd, and ally document directed to L e in writing or printed may also be partly written and partly printed.

5, After the passing of this Act the Destitute Board shall not Limitationof functions of the

have any care, control, management, supervision, power of appren- Destitute Board

ticing or placing out, of any State child, or of any institution or

property under the control of the Council; or of any illegitimate

child nursed by any foster-mother outside any establishment under

the control of such board; nor any powcr of licensing persoris to

act as foster-mochers, anything to the contrary contained in section

24 of ‘The Destitute Persons A et, l88 1 ," notwithstanding,

PART 11. PART II.

THE STATN CCJECTLTIREN'S COUNCIL: ITS CONSTITU-

'I'ION, POWERS, AND FUNCTIONS.

effect an honorary Council, to be constituted of not more than tuted. 8, For the purpose of carrying the provisions of this Act into ~ounciltobeconsti-

twelve nor less thall five persons, shall be appointed, as hereinafter

provided.

7, The Council shall be a body corporate under the name of Couneiltobeacor~o-

The State Children's Council,'' and by that name shall have ration.

perpetual succession and a common seal, may sue and be sued, and may accept, purchase, hold, demise, and alienate real and pcrsonal property.

8. The mcmbersof the Council shall be appointed by the Governor. Members to be appointed by Governor. -

Q, Four members of the Council shall retire in December in Retirement of

evei-y year, commencing in the year one thousand eight hundred members.

and ninety-six. The members to retire shall be those who have been longest in office without re-appointment; and, in case of eqnality, the nlembers to retire shall be determined by lot amongst those of equal length of service. Every retiring mernber shall be eligible for re-appointment.

10, TJntil the appointment of a quorum of the Council, the State u n a n e w Councfl appointed, former

Children's Council, appointed under the Destitute Persons Act Council to hold

Amendment Act, s h l l hold office as if appointed under this Act.

11, Until

6 5%" & 5 9 O VICTORIE, No. 641.

The State Children Act. -1895.

PABX XI. 11.

Until otherwise determined pursuant to this Act, the Secretary and all other officers and servants of the former Council shall hold office and exercise and carry out their respective duties and powers

until council other-

wi"detPrmi'D.se* m a t S of former

couma to hold d o e. as if they respectively had been appointed under this Act.

UP appointment of

new Oouncil former 12, Upon the appointment of a quorum of the Council, the State

Council to be

Children's Council, appointed under the Destitute Persons Act

dissolved.

Amendment Act, shall be and is hercby dissolved; and all real and personal propert; vested in or belonging to, and all State children and other persons, and all institutions and other property, under the care, management, or control of, and all rights, privileges, duties, and authorities conferred upon, or acquired, or incurred by, the Council so to be dissolved, shall be and are hereby vested in, or shall beloxg to and be under the care, management, or controi of, and be discharged and exercised by the Council constituted under this Act,

n e m h -,Y 13, Any member, by notice in writing to the Chief Secretary,

from Counol	may resign from the Council.
Vacancy inCoun4

how camed. 14. If any member shall resign, or be adjudicated insolvent. or

execute a deed of assignment, or compound with his creditors for less than Twenty Shillings in the Pound, or be absent without leave of the Council from the mcctings thereof for three consecutive months, or go to permanently reside outside the province, the seat of such member shall thereupon become vacant.

~uorurn and 8-1. 15. Five members shall form a quorum of the Council, and may

at any meeting exercise all the powers and authorities vested in the

Council. The seal of the Council shall be affixed to deeds and documents in such manner as may be prescribed, or as may be determined by the Council and approved by the Chief Secretary.

Qenerd

Oouncil. pow0lX of the 16. The Council shall have the following general powers and

functions, namely: -

(1) The care, management, and control of the persons and

property of all State children; and the supervision of $1

children nursed by foster-mothers outside any establish-

ment under the control of the Destitute Board:

(2) Power to apprentice and place out State children.

(3) Power to licence fit and proper persons to be foster-mothers

to children under the age of two years:

(4) Power, subject to the approval of the Governor, to appoint

institutions for the reception, detention, education, employ-

ment, training, or reform ation of State childrcn:

,

(6) Power to grant licences for lying-in homes:

(6) The control, supervisi~n, and management of all institutions

as hereinafter provided:

(7) The control and supervision of lying-in homes:

(8) Power

58' & 5510 VICTORIa, No. 641.

The State Children Act,--1895.

(8) Powes, subject to the approval of the Governor, to appoint a

secretary:

(9) Power, subject to the app~oval of the Chief Secretary, to

appoiu t superintendents, matrons, inspectors, teachers, offi-

cers, and servants:

(10) The management, custody. and control of all property, real or

personal, vested in or belonging to the Council:

(11) The administration, subject to the regulations of the Public Service, of all moneys voted by Parliament, or otherwise acquired by the Council, for the purposes of this Act.

17. All property, real or personal, given, devised, or bequeathed	a plied for benefit of
Giftrr to Council to be

to the Council for the benefit of State children shall, subject to the	$cots of such gift@.
thc deed or document of gift (if any), be held, invested, applied, or dealt with in such manner as the Council may consider most cona ducive to the benefit or advantaggc of State children, or of the par- ticular State child or children intended to be benefited.

provisions of this Act, the regulations of the Public Service, and

and of all moneys received and paid, and so far as known of the children to be kept. 18, The Council shall keep accurate records of their proceedings Reaord of S M ~

names, ages, dates of reception, near relatives, nationality, sex, religion, and dates of departure of all State children, and of all dispositions of and dealings with such children.

19, The Council shall, on or before the first day of August in every Council to make

year, report to the Governor on the working of this Act, and shall in Governor. annuaI report to

such report specify the number of children in the several institutions, the number placed out and apprenticed during the period covered by the report, and set out a summary of the receipts and expenditure of the Council during the same period, and any other particulars which the Chief Secretary may direct from time to time to be included in such report. All reports shall be laid before Parliament.

PART 111. PART 1x1.

1 NS'I'ITVI'XONS: THEIR ESTABLISHMENT, INSPECTION,

AND ABOLITION,

under the control of the Council, or abolish, homes, depdts, proba- establieh inetitutionn. 20. The Governor may, by Proclamation, establish and place Govemorma~

tionary schools, reformatory schools and other institutions for the reception, detention, education, employment, training, and reforma- tion of State children,

21, The Governor, on the recommendation of the Council, may P r i v a ~ ~ c h m ~ ~ ~ be proclaimed as re-

proclaim, any private reformatory school as a reformatory school, and f onnatory sc~ooln.

thereafter such school, until abolished as by this Act provided, shall

be under the control and supervision of the Council.

22. The

4 58" & 59' VICTORIK, No. 641.

The State Children Act,- 18%.

PART m. 22, The Governor, on the recommendation of the Council, may

Plivate institution

proclaim any private institution as ail i n S titu tion for the reception,

ma~"pmola'med

for detention of State

detention, maintenance, education, employment, and training of

children.

State children; and thereafter such institttion, until aboiished as

by this Act provided, shall be under the supervision of the Council.

Proclamation to net

out namee of govern- 23, Every such Proclamation shall set forth the name and descrip-

M body and other	tion of the reformatory school or institution, as the case may be, the
particular^.	names of the supclintendent, and of thc managers, directors, or other persons (hereinafter called the '' governing anthority ") havinq the management or control thereof, and all surh other particulars as the Governor shall think fit.

Change In governing 24.

Upon any change being made in the persons constituting any such governing authority the same shall be immediately notified to the Council, and notice thereof published, by the institution, in the

authority to be notified

and gazetted.

Government Gazette.

P r i v a t e r e f o ~ ~ t o ~ s 25.	If	any private reformatory school or private institution shall
rrm be proclaimed

F orp&rtiodarreli- be established and maintained for the children of any particular

giou~	den~mirmti~n~.	religious denomination or denominations exclusively, the Governor
may, by Proclamation, limit the same as a reformatory school or institution for such children only, and in such case no child shall be committed to such school who is not of the denomination, or of one of the denominations, mentioned in the Proclamation.

Private reformatory

sohoola may be 26. The Governor may, on the report of the Council, if dis-

abolished.	satisfied with the condition or management of any private re- formatory school, or private institution, by Proclamation abolish it as a reformatory school or institution as from a date to be named in the Proclamation, and thereupon from and after such datc such school or institution shall cease to be a reformatory school or institution within the meaning of this Act: Provided that no such Proclamation shall issue until two months have elapsed from thc	date of the transmission to the superintendent or matron of such	school or institution of a copy of the report of the Council.
pnvate reformatory

Uqon abolition of 27. Upon any pivate reformatory school or institution being so

inm* mayb sent abolished, the Council may order all State children being inmates

otherinstitutions. thereof, and all State children apprenticed or placed out by the

governing authority thereof, to be sent to and detained in any other

institution, or otherwise dealt with under this Act.

Superbtandent or 28. No person shall be appointed or continue to be the superin-

matron of prhate	nbo-torytob tendent or matron, or have chief control or management of any
approved by CounciI. private reformatory school, or private institution proclaimed under

this Act, unless approved of by the Council, or if disapproved of by

the Council.

3s o@ia Visitom to

imtitutionrr. 29. A11 members of the Executive Council and members of

the Legislature and Justices of the Peace shall bc entitled to visit

every institution and the inmates thereof. 30. Every

58" & 59' VICTORIW, No. 641. 9

The State Children Act.-1895,

30. Every person by this ,4ct authorised to visit an institution -

In.

may inscribe and sign in a book, to be for that purpose kept in each visitors* book to be

institution, any observations which he may think fit to make con-

caning such institution, and the superintendent, matron, teachers,

officers, servants, or inmates thereof, or any of them; and. every

such book shall be carefully preserved by the superintendent or

matron. Any person wilfully defacing, altering, or obliterating,

wholly or partially, any remark or observation made in any such

book, or destroying, defacing, or concealing any such book, or any

part thereof, shall, on conviction, be liable to a penalty of not ex-

ceeding Ten Pounds.

PART 1V.

STATE CEILDREN.

( a ) Their Commitment, fietention, cr nd 12elcase.

31. The hearing or trial of all complaints and informations Places for hearing

against any child for offences, punishable, on snmrnar y conviction, data children,

complninte againat

before a justice or Justices, with or without ,the consent of the

accused or any other person, shall-

( a ) Within the city of Adelaide and the town of Port Adelaide,

\	be held in some room or place approved of or appointed
in that behalf by the Chief Secretary, and not in any police or other court house, any Act or law heretofore in force to the contrary notwithstanding:

( b ) Outside sltch city or town may be held in any police or other court house, but so that the hearing or trial shall take place a t an hour other than that at which ordinary trials are taken:

But the Chief Secretary may, uncicr special circumstances, by notice in writing to the .Justice or Justices, suspend the operation of this section in any particular casc.

Constables may arrest

32. Any constable may, wit,hout a warrant, apprchend any child destitute or neglected

appearing or suspected to be a destitute or rleglected child, and take	child re^^.
such child before Justices.

33, The Justices, upon complaint being made in the prescribed Justices may order destitute or neglected

form, and upon being satisfied that, any child charged with beins a	children to be sent to
destitute child or a neglected child, is in fact a destitute child or a	an institution.
neglected child, may order such child to Le forthwith sent to an institution, to be &ere detained or otherwise dealt with under this Act until such child shall attain the age of eighteen years.

34, If any child is brought before Justices charged by his pareut Uncontrollable or incorrigible child may

with being an uncontrollable or incorrigible child the Justicm, upon	be sent to an institu-
being satisfied that the charge is well founded, may-	tion, whipped, or xelsssed on probation,

(a ) Order the child to be sent to an institution to be there detained or otherwise dealt with under this Act until eighteen years of age:

B-641 (6) If

The State	Children A c t. 1 8 9 5.
-	.- p---

PART IT. ( h ) If the child is male, and u n d a the age of fourteen years,

order him to be whipped:

(c) Release the child on probation, in which case he shall be subject to the supervision of the Council until he attain the age of eighteen years, and shall periodically report himself to the Council at such place and times and in such manner as the Council may dircct.

(d) Order the child to be sent to a probationary school, to be

there detained for a period of not exceeding three

months.

If pmbatimer fail to

report himself, the 35. If any child released on probation, pursuant to soction 34,

Council may oauae	shall fail to' duly report himself, or if the Council shall not be
him tobearreated.	satisfied with his conduct while on probation, the Council may, without m y warrant, cause hiin to be arrested and brought before Justices, who may cxercise any of the powers specified in sub-
sections (a), ( b ), (c), and (d) of the preceding section.

Convicted children 36,

If any child shall bc found guilty of any crime or offence (other than homicide) punishable by imprisonment, the Judge or the Justices by or before whom such child shall be so found guilty, in lieu of sentencing such child to imprisonment mny-

may be sent to refor-

rnatory B C ~ O O I, &C.

( a ) Order such child to be sent to a reformatory school and to be therc detained or to be otherwise dealt with under this Act until eighteen years of age; or

( b ) Order the parent to give security for the good behavior of

such child until the child attains the age of eighteen years, or during such shorter period as the Judge or Justices may think sufficient; and, upon being eatl.sfied that such security has been given, may dismiss the charge

and give a certificate of dismissal accordingly; or

(c) Adjourn the case on a near relative undertaking to punish the

child in such reasonable or moderatc manner as the J~zdge

or Justi~es may approve; and on being satisfied that such

punishment has been duly inflicted may dismiss the charge

and give a certificate of dismissal accordingly.

Parent to be sum-

moned before order 37, No order shall be made under section 36 against any parent

*inat hirn.

unless he or she has been summoned to attend before the Judge or

Justices, and hae had an opportunity of being heard.

~t child over r h n

years of age at time 3@, I f any child a t the time of being committed to an institution

of com,whmaT

is upwards of sixteen years of age, such child may be ordered to

be detained for two

he detained in an institution. or otherwise dealt with under this

dct, for the period of two p&rs, notwithstanding that such period would extend beyond the time of such child attaining the age of

eighteen years.

39. Except

58" & 59' VICTORIE, No. 641.

-- - -- - - - p--

The State Children A c t. 1 8 9 5.

.-- p--"-

39. Except as in this Act otherwise provided, no State child shall P*BT

be detained in any institution or be under the control of the Council Chilarenover 18 Y-

of age to ceaae to be

after attaining the age of eighteen years.

under Council's

control.

40. Convicted children onlv shall be sent to reformatory schools: Convicted children to

provided always that if anydneglected or destitute chilh, in the ~ ~ h ~ ~ $ ~ ~ ~ t o ~

epocial cam.

opinion of the Judge or Justices and under the gpecial circumstances school accordingly.

oi' the case, ought to be sent to a reformatory shool, such Judge or

41, Destitute children and neglected children only shall be sent Deetituteor no boted

to institutions other than reformatory schools: Provided that under childmn not tOfewnt to reformatory schools,

special circumstances, and with the approval of the Governor, an except in specid eaaer.k

inmate of any other institution may he transferred for misconduct to

a reformatory school; and in like manner any inmate of a reforma- tory school may, for good conduct, be transferred to any other insti- tution,

42. Whenever a child is ordered to be sent to an institution the Mandate for deten-

Judge or Justices making the order shall issue a mandate for the tion.

taking of such child to such institution. and for his or her detention

during the period of detention specified in the mandate, subject to

this Act. Every such mandate shall be executed and obeyed by all

persons to whom it is directed and delivered, and shall be

forwarded with the child to the superintendent or matron of the

institution, and shall be a sufficient warrant for the taking and

detention of the child named therein according to the tenor thereof,

and no other warrant for such taking and detention shall be

nccessary.

43. Every mandate by a Judge or Justices committing a child

to an institution, shall contain a statement of the age and religion, ,,,date.

so far as known, of such child, and the cause for which, and

institution in which, the child is to be detained.

44, If there shall be an absence or insufficiency of positive In.absence of positive evidence as to age,

age to be determined

evidence or information as to the age of any child, the Judge or insert in the mandate or order the age so determiaed.

45. The statement in any mandate that thc child therein named ,"~~$?;~~$e~;;d

is of a ce.rtain age and religion shall, for the purposes of this Act, f a c i ~ evidence.

be taken to be true, unless within six months from the date of the mandate the council shall be satisfied to the contrary, and shall indorse on the mandate the correct age or religion.

46,	A	certificate indorsed upon or annexed t,o any mandate, and	C ~ ' i f i c & t e ~ f @ c ~ e -
tary, &C., indorsed

signed by the secretary of the Council or the superintendent or onmandateor order

matron of any institution, stating that tt ~e child named in such 2i2n~rimd	faGie
mandate was duly received into such institntiorl, and was at the

signing

58" & 59' VICTORIE, No. 641.

The State Children Act. -1 895.

signing thereof detained in an institution or had bean otllerwise dealt with under this Act, shall in all proceedings whatsoever be

primd facie evidence of the facts stated in such certificate, and of

th'e identity of the child therein named.

Removal of inmate8	47, Any inmate of an institution, whether a private institution
from one institution

to another by order

or not, may, for any reason which shall appear to the Council

of the Council.

sufficient, by order of the Council and subject to the provisions of

this Act, be removed to and detained in any other institution.

absconding, &C., may

State children 48, Any State child who shall abscond from any institution, or

be apprehended with-	from his foster-parent, or who, whilst liable to detention, shall
out a warrant and	refuse or~neglcct a t the end or determination of the term of his
puaiahed.	apprenticeship or placing out forthwith to return to the institution in which he was last detained, or to such other institution as the Council may order; or who shall neglect or fail to obey any order of the Council or of the governing body of the institution to return t o or surrender himself at any institution, may be apprehended without a warrant by any member of the police force, or by an officer of or person appointed by the Council, and conveyed to such institution as the Council may direct.

Punihment of 49,

Any State child so offending as in the last section mentioned, under the control of the Council, or of the governing body of the institution, as the case may be, for one month beyond the period of detention limited by the mandate for his or her detention, anything

absconding children.	shall, if the Council shall so direct, for every such offence be detained
in this Act to the corhary notwithstanding.
Governor may
releaee State ohild.	50. The Governor may order the release of any State child from any institution, or from the control of the Council; and upon pro- diction to the Council, or to the Secretary thereof, or in thg case of a private institution to the superintendent or matron thereof, of such
order, the child shall be forthwith released accordingly.

G o m o r m n p extend 51.

The Governor, upon the recommendation of the Council, may of any female State child specified in any mandate shall bc extended until such child shall attain the age of' twentpone years or for any shorter period, and such child shall be supervised or detained accordingly.

period of detention

till	attain h18	order that the period of supervision by thy Council or of detention
majority.

( b ) Apprenticing and Placing Out.

Council or governing

authority may appren-

52. The Council, or the governing authority of the institution, as the case may be, may, by indenture of apprenticeship, bind such child apprentice to any suitable person, to be taught such useful trade or calling as the Council or such goveriling authority shall approve; and such binding shall be as efkctual as if the child were of fu l l age at the date of the indenture, and had voluntarily executed the same; but the period of any such apprenticeship shall not exceed firre years, nor extend beyond the day of the child attain- ing the age of twentyone years, 53. 'l'he

tice children.

5 8 & 59' VICTORIW, No. 641.

The 8tate Children Act .1895.

53, The Council, or the govcrning authority of the institution, as

the case may be, may plaoc out any State child to reside and	Council or governing authority may place
board with any relative of such child, or with a suitable person ap-	out children.
proved by the Council or governing authority, for such period,'subject to this Act, as the Council or governing authority shall think fit; or may place out for such period as aforesaid any State child with any suitable peloson willing to receive such child for adoption or service, and who, in the opinion of the Council or governing authority, is able to providc for and is suitable to be cntrustcd with the care of such child. Nothing in this section shall suthorisc the placing out of
any child for any time extending beyond the period of detention of
such child.

54. Every State child over the agc of sewn years placed out	seven and thirteen
Children between

shall be sent regularly to school until thirteen years old, or until hc

not to*be placed out

unless provision is

shall pass the compulsory standard required by '' The Education

made for education.

Act, 1PS5," or any Act ames~ding the same or substituted therefor.

55, Any foster-parent committing or permitting any offence against section 54 shall be liallle to a penalty of Ten ~ & n d s	Foster-parent liable
for offence against

for last section.

every such offence, unless for good cause shown he shall be specially

exempted by the Council.

56. No State child shall be a,pprenticed or placed out for service apprenticed or placed Child under l 3 not tobe

under the age of thirteen years unless such child has passed the	out for service unleee such child has passed
compulsory standard aforesaid.	compulsory standard.
57. The appl*cnt,icing or placing out of n State child by any go- verning authority shall he subject in all respects to the like conditions,	The apprenticing or placing out of children
by governing authority
restrictions, and limitations as are prescribed in the case of State	restrictions as if done to be subject to same
children to be apprenticed or placed out by the Council, and shall	by Council, &c.
also be suhjcct to the snpervisiou ancl control of the Council; and no State child sha,ll be apprenticed or placed out by any governing

authority contrary to the direction of the Council.

58. All indentuws of apprenticeship and agreements for the	apprenticeship and
Indentures of

placing out of State children under this Act shall contain Dro-	agreements to provide for maintenance, edu-
;isions to thc satisfaction of the Council for the proper kee$ng,	cation, &c.
maintaining, clothing, and (where necessary) educating such child, and for the due payment of such wages (if any) as may be payable thereunder.

59. All indentures of apprenticeship and agreements to be used F o ~ s u ~ ~ d b ~ g o v e r n -

in connection with the apprenticing or placing out of any State aameaathoaepre ing authority to be

child by any governing authority shall be in the forms prescribed, scribed **tatis	ta~idis.
the nnmc of the governing authority for the time being being sub- stituted for the &me of the Council: Provided that the name of some person to be nominated by the Council or governing authority for the time being as guardiatl of such child may be substituted for the name of the Council or governing authority; but such inden- tures and agreements may notwithstanding be enforced and put in

snit

58" & 59' VICTORIE, No. 641.

The 8tate Children A c t. 1 8 95.

f im IT. suit in the name of the Council or governing authority in the same manner as if the name of the Council or eovernilw authority appeared in such indentures or agreements insread of tYhe name df such guardian.

may be pia 60,

The Council or governing authority may in any indenture or agreement provide that all, or such portion as may be specified, of any any wages to become due to the child shall be paid by the foster-parent to the Council, to be deposited in the Savings Bank of South Australia in the name of the Council on account of such child, and evcry such payment shall be deemed to be a payment to such child.

to Council.

hexpnded *or the 61, All or any part of the money so depositcd, and any interest

child's benefit,

thereon, may be expended by the Council for the benefit of the child when and in such manner as the Council may from timc to time deem advisable. A.11 moneys so deposited, and not paid or expended as aforesaid, shall be payable to the child upon his or her attaining the age of twenty-one years; but if not claimed by the child, or any person lawfully claiming through or under him or her, before the expiration of scvcn years after hc or she has, or would, if living, have attained the age of twenty-one years, may be appropriated by the Council for the purposcs of this Act, and shall not thereafter be recoverable by any person.

Co~ncilorgov~rning

authority mny recover 62. The wages or earnings due by any person to any State child,

wages, whether payable to such child or not, may be sued for and recovered by and in the name of the Council or of the governing authority, as the case may be, for the benefit of such child.

lnaenture80P a ~ ~ r e n - 63.	The fo~ter-parent	of a n y State child may, by an assignment
ticesbip and 1icence.ea

aaipled with braring the consent of the Council or the governing authority, as the

consent	case may be, but not otherwise, assign the indenture of apprentice- ship or licence respecting such child to any fjt and proper person.
forthwith forwarded to the Council or governing authority by the Every such assignment shall be executed in duplicate by the assignor and assignee, and one part of the assignment so executed shall be assignor, and thereafter the indenture or licence shall, for the purposes of this Act, be read and construed as if the assignee had originally been party thereto in the place of the assignor.
parent, widow, &C.,

On death of foster- 64, On the death of the foster-parent of any State child, the

msy nominate nem-	widow, widower, executor, or administrator of such foster-parent
foster.parent.	may, at any time within three months after such death, apply, in writing, to the Council for an order directing such child to be bound or placed out for the residue of the term to some fit and proper person nominated in and consenting to such application. The Council may make an order accordingly, and thereupon a new inden-
ture or licence shall be executed by the person so nominated for
the imexpired term of the original indenture or licence, and upon the like terms and conditions, or upon such other terms and con- ditions, subject to this Act, as the Council may deer11 advisable.

65. If

5 8 & 59" VICTORIW, No. 641.

The State Chkit!dren A c t. 1 8 9 5.

65. If the foster-parent of any State child shall become insolvent, PART m.

or become unable to maintain and employ such child, or shall be On insolvency, ko,, of

about to remove from the province,- thk Council or governing f oater-parenCinden- turee and licenoea may

authority, as the case may be, may, on application by or on behalf bp oancelledbyCaun-	of the foster-~arent or child. make an order releasing and disr 011.
charging the 'foster-parent and the child, respectivel< from the indenture of apprenticeship or agreement, and from every covenant and agreement therein contailled or thereby implied; and, by the same or any other order, may direct the child to return to an institu- tion to be therein named.

66. No foster-parent shall change his or her place of residence change or residmc~

without in every case giving to the Council, or the goserning tObenOmedbyfO"-	parent.
authority, such notice as may be prescribed. Every foster-parent offending against this section shall be liable to a penalty of not exceeding 'l'en Pounds for every such offence.

$7. If a Statc child apprenticed or placed out absconds, becomes Notice to be given if child absconds,

ill, meets with an accident, or dies, the foster-parent of such child

ill, or

shall immediately give such notice and do all such further acts and things in every such case as may be prescribed. Every foster-parent offending against this section shall be liable to a penalty of not ex- ceeding Ten Pounds for every such offence.

68. Every foster-parent who shall assign or transfer any indenture Penalty for t m s -

of apprenticeship or licence, or transfer, or make over to any other state child without ferring or diemiming person, or in any way discharge or dismiss any State child ap- consent of Council. prenticed or placed out with such foster-parent, or who shall attempt

to do any su& things, without the consent in writing of the Cou&il under its seal or of the governing authority, as the case may be, in every instance first had and obtained, shall for every such offence be lkble to a penalty of not exceeding Ten Pounds, and every such attempted assignment, transfer, or discharge, shall be null and void.

69. Every foster-parent who shall ill-treat, injure, or neglect Penalty for ill- treating Btate child

any ap,,ticed,,c*

State child placed out with or apprenticed to him or her, or thereof, or by any person authorised by the Council, be summoned to appear before Justices, and, upon conviction, shall be liable to a penalty of not exceeding Twenty Pounds, with or without imprison- ment for any term not exceeding six months, with or without hard labor; and the Justices may also discharge the child from the apprenticeship or licence, and order him or her to be returned to an institution.

who shall not well and truly observe and perform and keep all -

the terms, covcnants, conditions, and agreements, on the part

of such foster-parent contained or implied in the indenture of

apprenticeship or agreement, as the case may be, i n respect of such

child, and every person who shall assault, ill-treat, or injure any

70. Upon complaint made by the foster-parent of any State ~; ~ ~ ~ d y ~ d; a l t

child that s ~ c h child has been guilty of any misdemeanor, wrong- within,ummqWqr,

doing,

58' & 59' VICTORIE, No. 641.

The State Children A c t. 1 8 9 5.

doing, or misbehavior, any Justices may hear and determine the matter in a summary way, and may do all or any of the following things, namely :-

( a ) At the same time, and without formal complaint against the

foster-parent, inquire into his or her conduct towards and

treatment of such child:

( b ) Adjourn the hearing of the complaint, and dircct a complaint to be laid against the foster-parent:

(c) Cancel the indenture of apprenticeship or licence relating to

such child, and order the return of the child to an insti-

tution:

( d ) Order the child to be punished in m y manner prescribed.

Notice to be given to

Council of discharge 71. When Justices order the dischsrge of any State child a p

from apprenticeship	prenticed or placed out, or cancel the indentures of apprenticeship
or agreement.	or agreement relating to any State child, under the provisions of this Act, they shall forthwith' give notice of such order or cancel- lation to the Council, and order the return of the child to an insti- tution,
Council may order
return of State chil-	72. The Council may, at any time by order, require any State child ing authority, forthwith to return to the institution of which such child was an inmate previous to being appreilticed or placed out, or to surrender himelf at any other institution to be named in the order; and the Council may, by the samc or a separate order, and without incurring a11y liability f'or breach of contract or otherwise, cancel or revoke the indenture of apprenticeship or agreement relating to any State child, mhether apprenticed or placed out by the Council, or by any governing authority, and require the foster- parent forthwith to deliver such child at an institution or to some person to be named in the order.
dren apprenticed or	apprenticed or placed out, whether by the Council or by any govern-
placed out.

Penalty on foster-

parent disobeying 73. Any foster-parent who shall neglect or fail to obey any such

order for return of

order shall be liable, on conviction, to forfeit and pay a penalty not

ohikl.

exceeding Ten Pounds.

Constable or officer of

Council may appre-

74, Any constable or officer of thc Council may, without any

or houses belonging to or occupied by the foster-parent whereon or

wherein the child may be or be supposed to be.

hend such child with-

warrant, apprehend such child and bring him to the institution namcd

out a warrant.

in the order, and for such purpose may enter upon or into any lands

Apprenticed and

-out children to 75. The Council shall, except as hereinafter provided, cause all

,le,, state children apprenticed or placed out by the Council to be visited

infour months. once at least in every four months by some person to be ap- pointed by the Council, in order to ascertain whether the stipula- tions of the indentures of apprenticeship or agreement8 respecting such children have been fulfilled, and that the treatment, education, and care of such children are satisfactory; and every foster-parent shall, at the request of any such visitor, personally produce the

child

58" & 5 9 0 4 ' ' ~ ~ ~ ~ ~ ~ ~ J E, No. 641. 17

--

The State Children A c t. 1 8 9 6.

- ----. . ---

PART fV.

child apprenticed or placed out to or with hini or her, or show	--	.	-.	-	-- --
cause to the satisfaction of the visitor for the non-production or absence of such child; and shall, at the like request, permit such visitor to inspect the outfit of such child and the sleeping and other accommodation and food provided for such child. &very foster- parent failing to produce or to slmv sufficient cause for the non- production of any such child, or to comply with any of the other provisions hereof, shall, on conviction for any such offence, be liable to a penalty not exceeding Ten Pounds.

76. The Council may in special cases exempt wholly or partially Exemption8 from

any State child from being visited as provided by section 75, but a visitation in special

caseN.

return of all such exemptions, with thc reasnns therefor, shall be

forwarded every three months to the Chief Secretmy.

77. The Council shall also have general supervision over all State council to haw

children detained in any private institution or placed out for adop- ~ f " ~; " ~ ~ ~ c ~ ~ ~ ~ n.

,

tion or otherwise, or apprenticed by the governing authority of any private institution, and may cause such children to be visited at such ieasonable times as the ~ o k n c i l may think fit, and by such persons as the Council may, by writing sealed with the seal of the Council, appoint to be visitors. The visitors so appointed shall have and perform the same powers and duties in respect of such children as are conferred or imposed upon them by this Act, in relation to other Statc children; and all persons having the care or control of any child so to be visited shall, at the request of the visitor, producc such child and his outfit, and permit the visitor to examine the same, and the sleeping and other accommodation and food provided for such child, in like manner and subject to the like penalties for non-compliance as if such child were a State child apprenticed or placed out by the Council.

78. The Council may pay to the fbster-parent of any State child Payments for main-

tenance of State chil-

for thc care and maintenance of such child, until he or she shall	dren to foster-
attain the age of thirteen years, such sum not exceeding Ten	parents.
Shillings a week as may be prescribed.

79. The Council may pay to the governing authority or person in Council may pay for maintenance of child

charge of' any private reformatory school or institution, for the	in private reforma-
maintenance therein of any State child, a sum not exceeding Ten	tory.
Shillings a week.

PART V.

MAINTENANCE OF CHILDREN BY THEIR RELATIVES.

80, The near relatives of any child, whether a State child or not, Order of liability of

shall be liable to defray or contribute towards the cost of mainte- maintenance of any near relative8 for

nancc of such child according to their several abilities, and in the fol- child.

lowing order, namely-

(a) In the case of a legitimate child-Father, mother, stepfather,

stepmother, grandparents: (6) In

58" & 59' VICTORIR, No. 641.

The 8tate Children A c t. 1 8 9 5.

.

PABT r. (8 ) In the case of an illegitimate child-Putative,father, mother's

husband, mother.

On complaint made 81, Upon complaint made in the prescribed form that any per-

Justice to iseue aum-

m m. sons are near relatives of any child, and are able to pay or contribute towards the maintenance or past maintenance of such child, any Justice may summon such persons or any of them to appear before Justices, at a time and place to be named in such summons, to show cause why they or he should not pay for or contribute towards the past or future maintenance of such child.

Complaints in respect 82, All complaints under the preceding section in respect of any

"te to

be maae by Council. State child shall be made by or on behalf of the Council.

Juatices may order	83. At the time and place appointed for the hearing of such
pepent Of main'

tenmce. complaint the Justices may adjourn the hearing, and may summon any other persons alleged to be near relatives to appear at the time appointed for the adjourned hearing; and may, at the original or any adjourned hearing, if they shall be satisfied that the persons so summoned, or any of them, are near relatives of the child, and are able to pay for or contribute towards the past or future maintenance af such child, order payment to be made by such near relatives, or some one or more of them, to the Council, or to the governing authority, or other person, as the case may be-

I. Of such sum for past maintenance of the child as may seem

sufficient; and such sum may be made payable by instal-

ments; and

11. Of such sum for future maintenance, and for such pcriod as

may seem sufficient, but not being, as against any one per- son, more than Yen Shillings, nor less than Two Shillings, per child per week:

If an order is made against two or more near relatives, the sums or proportions payable by each shall be fixed by the Justices.

Order to take effect	84, Every maintenance order shall be served upon the persons
a t l e e o n e in com-	85, Upon the hearing of any such complaint made by or on be-
plaint made on behalf

from pronouncement. against whom the same is made personally, or in such manner and at such place as may be prescribed, or as any Justice shall direct; but the order shall take effect from the time of its pronouncement, notwithstanding that the formal order may not have been signed or served.

of Councilprimdfa& half of the Council in respect of the maintenancc of a lcgiti-

evidence. mate child, and upon the hearing of any such complaint pursuant

to section 129, the allcgations in the complaint that the person com-

plained against is a near relative liable to maintain, and is of sufficient means to maintain the child, and that any sum has been expended upon, or is due, or owing for, or in respect of the main- tenance of the child, shall be received as primd jkcie proof of such allegations respectively; ar,d the onus of proving that such person

is

58" & 5g0 VICTORIZ, No. 641. 19

me State Children A c t. 1 8 9 5.

is not a near relative, as stated in the complaint, or is not of suffi-	PART v.
cient means to maintain such child, or that some other person is prior in order of liability, or that the sum stated in the complaint to be expended, or due, or owing is not due, or owing, or was not ex- pended shall lie upon such person.

86. Upon the hearing of a complaint against any person in re- Justices may adjudge person to be putative

spect of thc maintenance of an illegitimate child, if i t be alleged in	of
the complaint that such persoil is the father of the child, the child. shall not so adjudge him-

(a) Upon the evidence of the mother, unless her evidence be

corroborated in some material particular:

( b ) If the Justices shall be satisfied. that, at the time the child was

begotten, the mother was a common prostitute.

87, Upon complaint made undcr scctions 81 and 82 of this Act Counca may, by * *

notice may be given, under the seal of the Council, to any banker or,	notice, attach property
other person having, or supposed to have, the care, custody, or control	whom order ie sought.
of any money or property of, or belonging or payable to, any person
complained against, not to pay or part with the possession of such money or property until such complaint shall have been heard and
determined, and such money and property shall thereby become and - -
be attached in the hands of the person having the care, custody, or control thereof, who shall be compellable to give evidence on the hearing of such complaiot as to all matters relating to or concerning such money or property.

88. The Justices hearing any such complaint may, if they make Justices may m*

a maintenance order, by the same or a separate order, direct that ~ ~ ~: ~ ~ ~ ~ ~; $ ~ ~ -

the money or property attached, or such portion thereof as they shall perty.

order, shkll be piid or handed over to the Council, or to the person to whom the maintenance money is ordered to be paid, and the

person having the care, custody, or control thereof shall pay	or hand over the same accordingly, and shall be thereby dis-
charged from all liability to the owner thcreof, or any person claiming under him in respect of the money or property so paid or handed over, and, except as to such portion of the money or pro- perty attached as the Justices may, within one month from the service of the notice of attachment, order to be so paid or handed over, the attachment shall be determined.

89. Any person who has received any such notice may, before Attachment maybe

the hearing of the complaint, or th? expiration of one month from pleaded.

the service of the notice, whichever shall first happen, obtain from

any Justice an order setting aside in whole or in part any notice given

pursuant to section 87, and any such person may plead any such

notice in bar to any action, suit, or other proceeding which may be

instituted against him for the recovery of any such money or

property by the owner or any person claiming under him.

90. Any

20 58" & 5 9 O VICTORIE, No. 641.

The State Children Act. -1 895.

PART v. 90. Any person who, after receipt of any such notice, shall pay

ers sons contravening or hand over any such money or property, otherwise than in accor- Or Order " " dance with the order made by Justices, or who shall nrglcct or

peraonall y liable.

refuse to conmlv with the order made, shall be personally liable to pay to the' council or thc payce mcntioned in 'the rnain"teuance order the amount of money or the value of the property ordered to be paid or handed over, and such amount or value may be recovered before Justices in a summary way.

Justicee require

security for com- 91. The Justices making any maintenance order may, by the

, same or B separate order, and any Justices, on complaint by or on

andin default

commit defaulter to	behalf of the Council that any person liable upon arly such order
gaol.	has made default thereunder, or intends to evade compliance therewith, may, by a subsequent order, require the pcrson liable for the maintenance to find such good and sufficient sureties or securicy as they shall think fit that he will comply with the order
made against him, and the Justices may, in dcfjult of such sure-
ties or security being found, commit such person to gaol for any period not exceeding six months, if the order for security be not sooner complied with: Provided that it shall be lawful ior any Justices to determine upon the sufficiency of any proposed sureties or security, and in what manner the security shall be given, and any one Justice, upon being satisfied that the security has been duly made and perfected, may order the discharge of such person from gaol.

Orders be varied 92. Any Justice, on the complaint of a near relative liable upon

&C., .on further

i x ~ ~. a maintenance order, may summon all or any of' the persons

alleged in the complaint to be near relatives of the child named in the order to appear before Justices at a time and place to be namcd in the summons, and shall give notice thereof to the Council. At the time and place so appointed, or at any adjourned hearing, the Justices may make further inquiry as to the means and ability of the complainant, and as to the relationship to such child

of the persons summcned, and as to their severad abilities to main-	tain or contribute to the maintenance of such child, and may make
such order increasing, reducing, or varying the periodical sum to be thenceforth paid by the complainant, or suspending for a specified time or annulling the previous order, or directing that the persons so summoned, or some or onc of them, shall thenceforth pay for or contribute towards the maintenance of the child, or may make such other order not inconsistent with the provisions of this Act as shall
appear just.

Colleotion by the

police of moneys due 93. Subject to the provisions of a maintenance order, any

to the Counoil.	member of the South Austrslian Police Force shall, when so directed in writing by the Council under its seal, countersigned by the Commissioner of Police, demand, collect, and receive from
any person liable to pay the same all sums of' money due to the
Council, or to any governing body, under any maintenance order, and the receipt in writing of any snuh member of the said force for
moneys paid to him shall be a s~fficient discharge therefor.

94. If

58" & 59O VICTORIE, No. 641.

The $tate Children Act.-l 896.

If any person against whom a maintenance order has been caveam land subject to The Real Property Act, 1886," or any Act amending the same, the Council may lodge with the Registrar- PART v.

94.

made is the registered proprietor of any land, estate, or interest in with suchland, estate, or interest, Particulars of the order shall be set out in the caveat., and the Registrar-General shall forthwith register such caveat, and it shall n6t be lawful for the Registrar- Gencral, without the consent of the Council, to remove or discharge such caveat unless and until he shall be satisfied that a11 moneys due under such order have been fully paid and satisfied, or unless he shall be ordered by the Supreme Court, or a Judge thereof, to remove such caveat.

95, If any money payable under a maintenance order is in Warrantsrnaybe

arrear for one month, any Justices may, if they think fit, issue a

warrant under their hands and seals authorising the Council, the nnder ordera. U

governing body, or some person narned in. such warrant, to receive the whole or so much of the rents, profits, and iixonie of thc real and personal estate of the person against whom such order was made,

ay to sell the estate and interest of such person in such real and

personal estate, or such part thereof, as the Justices may direct.

96. Every such warrant may be registered in the same manner Wnrrantwhenregia-

as a writ of $eri facias, and shall, from the time of registration, bind tered "

bind land.

thc estate or interest of the person liable undcr the order for main-

tenance in his r e d estate and chattel real property.

97. Any sale under such warrant may be by public auction or pri- vate contract for cash or on credit, or partly for cash and partly on private contract.

g ~; ~ ~; ~ ~ o r

credit, and subject or not to such special or other conditions as the

Council shall deem cxycdicnt.

98. ' l ' h ~ Council, governing body, or person authorised by the Authority to sell in-

warrant to sell may execute to the purchaser all such conveyances, ,,, ~,,,r,c,,,, cludes power to exe-

assignments, memorandums of transfer, or other assurances of the purchaser.

property sold as the person against whom the order was made might

have executed but for this Act, and the property so conveyed or assured

shall vest in the purchaser accordingly; and the Registrar-General ;, ", ~ ~ r; ; ". ~ ~ ~

shall forthwith register every such memorandum of transfer, and chaser.

cause all certificlates of title to he issued or cancelled, and entries to

be made and acts to be done, as may be necessary for giving effect

to the sale.

99. No notice or demand whatsoever shall be requisite before W m n t may be

issuing any such warrant as is mentioned in section 95, or before p r e v i o u s ~ e ~.	issued without
exercising all or any of the powers thereby conferred. The warrant shall, so far as regards any purchaser or person dealing with the Coun- cil, authority, or person authorised by such warrant, be conclueive evidence that the power to sell is vested in the Council or person therein named.

100, The

58" & 59' VICTORIW, No. 641.

The State Children A c t. 1 8 9 5.

PART v. 100. The payment to the Council, authority, or person named in

p a ~ m ~ t ru- any euch warrant shall be a good discharge to any tenant, purchaser,

rant to dkcbarga per- or other person for all moneys paid by him pursuant to such warrant. - papin&

A p ~ f i ~ t i o n " m ~ n e ~ 101, The rents, profits, and income, and the proceeds of

received under war- any sale

rant. received under any such warrant, shall be applied first in payment of the costs of coilection or sale next, in payment of the'costs of obtaining such warrant; thirdly, in paying any money due under the original order; and the balance shall be applied in or towards future maintenance, or in such other manner as Justices may direct.

PART vr. PART VI.

THE LICENSING AND SUPERVISION O F LYING-IN

HOMES, AND FOSTER-MOTHERS.

L@&-in homes kept	102. NO	person shall, for gain or reward, keep any building or
for gam to be

Iicensed.

apartment as a lying-in home unless such premises are liccnscd by

the Council for that purpose,

Councilmaylioenae 103, The Council may, on payment of the fee prescribed in

lying-in h o m ~.	Schedule C, grant annual licences in respect of any buildings or apartments kept or used, or intended to be kept or used, as a lying-in home, and may at their discretion revoke or cancel any licence so granted.
unlicensed lying-in

P d t y on keeping 104. Every person who shall, for reward or gain, keep any

homea.

building or apartment as a lying-in hornc, unless such building or apartment is licensed by the Council for that purpose, shall be guilty of an offence against this Act, and shall on conviction

be liable to a penalty not exceeding One Hundred Pounds for the first offence, and for any second offencc shall be liable to be im-

prisoned with or without hard labor for any period not exceeding

two years.

105. No person shall be or act as foster-mother, for gain or

~ ~ t w - m o t h e m t o be

lioenaed. reward, to any child under the age of two years without being licensed by the Council for that purpose: Provided that this section shall not apply in the case of children living with their parents.

Council may license 106. The Council may, on payment of the fee prescribed in

fostermothera.	Schedule C, grant annual licences to fit and proper persons to be foster-mothers to childre11 under the age of two years, and may by any such licence fix the number of children authorised to be kept by the foster-mother therein named, and may at their discretion
revoke or cancel any such licence. * a

107. Every

58' & 59' VICTORIA!, No. 641.

The State Children Act .1895.

107. Every person other than an inmate of an asylum under the

control of the Destitute Board, or than a near relative of the child,	Pedty on unlicensed
who, not being licensed as a foster-mother by the Council, shall	foster-mothers.
receive into his or her care, charge, or custody any child under the age of two years, to adopt, rear, nurse, or otherwise maintain for gain or reward such child apart from his or her parent, and the mother or father of any such child who shall procure such child to be placed under the care, charge, or custody of any such person, or shall permit any such person to have the care, charge, or custody of any such child for any such purpose as aforesaid, shall be guilty of an offence against this Act, and shall, on conviction, for every such offence forfeit and pay a penalty not exceeding Twenty Pounds. No information shall be laid for any such offence except by the Coun- cil, or some officer thereof.

108. Any licensed foster-mother who shall act as foster-mother	Penalty on licensed
f oater-mother taking

to any greater number of children than shall be fixed i n her licence char e of more than

shall bc guilty of ail offence against this Act, and shall, or1 con-

numfer of children

viction thereof, forfeit and pay a penalty not exceeding 'l'wenty

allowed by licence.

Pounds.

109, Every lying-in home, whether licensed or not, and the home or place of residence of' every licensed foster-mother, shall, at all

Lying-in homes to be

open to inspection.

times, be open to inspection by any member or officer of the

Council.

110, Every person who shall resist or obstruct, or assist in so doing, any such inspection, shall, for every such offence, be liable

Penalty for obetruct-

ing inapeotion.

to a penalty of not exceeding Twenty Pounds.

111, Every licencee of s lying-in home, and every licensed foster- mother, shall keep the registers and records required by section 212 or 113, as the case may be; and also shall keep all such books and records, and furnish to the Council true and correct

Returne and reeorda.

returns of all such matters and things as may be prescribed, or as

the Council shall require. Any licencee omitting so to do shall be

guilty of an off'ence under this Act, and, for every such offence,

shall be liable to a penalty of not exceeding Twenty Pounds.

112. Every licencee of a lying-in home shall keep a register con- Register tobe kept by

taining the names, usual residences, and the dates of confinement of	licencee of lying-in
all women confined in such home, and giving particulars of the dis-
posal of ali children born there, and also stating the name of the medical practitioner, midwife, or accoucheur by whom such women were attended during their confinement or lying-in, and shall pro- duce to and allow the secretary of the Council or any officer or other
person appointed by him to inspect the same at any time when de-
manded, and shall give the secretary or any such officer or person any information that he may require touching or concerning or relating to any confinement in such licensed premises, or to any child born there.,

113. Every

24 58" & 59' VICTOKIW, No. 641.

The Btate Children A c t. 1 8 9 5.

PART VII. 113, Every licensed foster-mother shall keep a register containing

Register to be kept by the following particulars in respect of every child received by her,

foster-mother. so far as such particulars are capable of being wccrtaincd by her,

that is to say :--

(a) The name, age, and place of birth of the child:

( b ) The names, addresses, and description of the parents:

( c ) The name, address, description of ally persons other than the

parents from or to whom the child was received or delivered

over:

(d ) The date of receipt and delivery over:

( e ) Particulars of any accident to or illness of the child, and the

name of the medical practitioner (if any) by whom attended.

Such register shall at all times be open to inspection by the Council, or any officer thereof, and the foster-mother shall cvcry six months forward a copy thereof to the Council, and shall at all times, when required so to do, give to the Council, or any officer thereof, all such infortnation or particulars within her knowledge relating to any child then or at any timc previously in her charge or custody, or concern- ing any near relative or guardian of such child, as the Council or any officer thereof shall require.

PART VII.

PROCEDURE, PENALTIES, AND GENERAL MATTERS.

Persons not interested 114, At the hearing or trial of any complaint, information, or

may be excluded from

place of trial.	indictment against any child, the Justice, Justices, or Judge con- ducting such hearing or trial may order that all persons not directly interested in the case shall be excluded from thc court or place of
hearing or trial.
Offlcerof Oouacilma~

take part in all trials ll.[j, At the hearing of any complaint, information, or indictment

,hat ailaren.	against any child, the Secretary or some officer of the Council may
be present, and examine and cross-examine witnesses, and be heard
touching the acquittal or punishment of the child.
oficerof councfimar	116. All cnscs under this k c t heard on information or complaint amointed bv the Council in that behalf. The sroduction of an Gpointment: in writing, under the scal of thc kouncil, shall be prim2 facie evidence in all courts and before all tribunals that the person* therein named has been duly appointed and authoriaed to lay such information or complaint and to conduct the case.
conduct cases where	by or on behalf of the Council may be conducted by any person

informan	laid by
council.
Chad may be

detained m institution	117, Before making atl order under this Act, the Justices before whom any child is brought may, for the purpose of making inquiry respecting him, or the mode in which he should be dealt with, or for
pending trial.

the

58" & 59" VICTORIE, No. 641.

The State Children Act.-1895.

the purpose of enabling the Council to be represented or any near

PART TIT. "L

lelative to appear, and without prejudice to any other powers of the Justices, direct that the child be taken to an institution or to snv other sktablc place, not being a gaol, watch-house, or prison, and to be detained therein for any time not exceeding twentyone days, or until an order is sooner nlatlc for his discharge, or for his being sent to an iustitution, or otherwise dealt with under this Act; and the Council, or the officer of the Council to whom the order is addressed, is hereby empowered and required to detain such child accordingly, and if such child escape he may be apprehended without warrant and brought beck to the place of detention.

child ill the absence of his parent or guardian, to whom reasonable aside. 118. If an order shall be made undcr this Act in rcspect of a ordermay beset

notice of the complaint had not been given, such order may for good cause shown be set aside by the Court by which it was made upon the application of such parent or guardian within three months after the making of the order.

by an inmate against the provisions of this Act shall, unless the institutionwhere 119. Every inqnirp into any complaint for an offence committed ?~,",~??;,";g;$;k~

Chief Secretary shall otherwise direct, be held a t the institution of	committed,
which the person complained against is an inmate.

120. The governing authority of every institution shall forthwith Return8 of complaints and convictions.

report to the Council all convictions against, and consequent punish- ments inflicted upon, any inmate of such institutions, and the Council shall cause a return to be made annually to the Chief Secretary of all convictions against and consequent punishments inflicted upon State children.

121. Any pcrson, othcr than the governing authority of the institu- Penalt~for taking,

removing, harboriq,

tion to which the childwas committed, who shall, without the authority	&C.,	State children.
before the expiration of the period of detention of such child, or from	of the Council, take or remove any State child from any institution
the fosterparent to or with whom such child shall be apprenticed or placed out before the expiration of the term of apprenticeship or placing out; and any person who shall directly or indirectly counsel or induce any State child to abscond or escape from any institution, or to break his or her apprenticeship indentures, or to abscond from his or her f oster-paren t, before such child shall have been regularly discharged, or before the expiration of such apprenticeship or placing out; and any person who shall aid or abet any State child in so absconding or escaping, or who shall prevent any State child from returning to any institution or to his or her foster-parent, or who, knowing any state child to have been so taken or removed, or to have so absconded or escaped, shall hsrbor or conceal, or assist in hnrbor- ing or concealing, such child, shall for everv such offence be liabie to a penalty of not exceeding Ten Pounds, br may, at the discretion of the Justices, be imprisoned with or without hard labor for any
term not exceeding three months.

D-641 122. Any

-

58' & 59' VICTORIW, No. 641. - -- p - - p - L L -

Th,e State Children Act.-1895. -- --

PART YII. - 122. Any person who, without the authority or permission of the Council, or of the governing authority of the institution, as the case

for

nicating with children	may be, shall hold or attempt to hold any communication with any
in institutions.	inmate, or who shall enter anv institution or any messuage, lands, or belonging thereto br uwd in connection therewith, and shall not depart therefrom when required so to do by the superin- tendent, matron, or any officer or servant of such institution, and any person who, after being forbidden by the Council or governing authority, as the case may be, so to do, shall hold or attempt to hold any communication, directly or indirectly, or personally, or by letter, or in any other manner howsoever, with any State child, shall for every such offence be liable to a penalty not exceeding Five Pounds.
Penalty for permit-
ting escape.	123. Any superintendent or matron of an institution, and any teacher, officer, or servant of the Council, or of the governing authority of an institution, who shall negligently or knowingly permit or suffer any inmate to escape from such institution, shall, on conviction thereof, forfeit and pay a penalty of not exceeding Twenty Pounds.
Penalty on ofilcera.	124. If any officer or servant of the Council, or of the govern- ing authority of any institution, shall bc guilty of the breach of any section of this ~ c t ' o r of any regulation intended for the protection of any child, he shall be dismissed from his office or employment, and be liable to a penalty not exceeding Twenty Pou~icls, or to be imprisoned for not exceeding six months.
Penalty for dis-

obedience of order. 126. Justices may, in a summary way, at any time inquire into

any alleged disobedience of or neglect to comply with any order

under this Act, and may for that purpose summon and examine all proper parties and witnesses, and may either commit to gaol for any period not exceeding six months, with or without hard labor, any person found guilty of such disobedience or neglect, or may impose upon such person a fine of not exceeding Fifty Pounds.

Person disobeying

order and quitting 126. Every person who refuses, fails, or neglects to comply with

province guilty of	any maintenance order made against him under this Act and goes
miedemeanor.	to reside beyond the said province, either permanently or tem- porarily, shall be guilty of a misdemeanor, punishable by imprison- ment, wit,h ur without hard labor, for any term not exceeding twelve months.
Desertion of child

under certain circu m-	127. Every near relative liable to maintain any child, who-
stances a misdememor

( a ) Unlawfully deserts such child; or

(6) Leaves without, or fails to provide with, adequate means

of support, any such child:

and goes or attempts to go to reside, either temporarily or per- manently, outside the said province, shall bo guilty of a misdemeanor, punishable by imprisonment with or without hard labor for any term not exceeding twelve months.

128. Upon

58" & 59' VICTORIE, No. 641. 27

. - ---

The &ate Children A c t. 1 8 9 5.

128. Upon complaint on oath by the secretary, or any other PART ~ 1 1.

officer of the Council, that he has reasonable grounds for believing JuBricemayissnowar-

that any person has committed or is about to commit a misdernennor ~

~

e

!

~

~

~

~

~

~

~

~

~

t

within the meaning of scction 126 or section 127 of this Act, any on oath. that such misdemeanor has been or is about to be committed, may issue his warrant for the apprehension of the person complained against, and such person may thereupon be apprehended by any police constable, and brought before Justices accordingly.

129. Upon the day appointed for the hearing of the complaint J usticos may deter- mine matter in aum-

the Justices may hear and determine the matter in a summary way, and, if satisfied that the child has been or is about to be unlawfully deserted by the person complained against, or is actually without. adequate means of support, and that such person is a near relative of such child, liable and able to contribute towards his or her main- tenance, may order such person, either immediately or at some adjournment, to find good and sufficient surety or security to the satisfaction of' the Justices thcn present or present at any adjourned hearing that he or she will comply with such order for maintenance, or that he or she will not desert or leave without adequate means of support such child, The Justices, in default of such surcty or securitl~ being found, may commit such person to gaol for any period not &ceding six months, if such order be not sooner complied with: Provided that any one or more Justices may determine

upon the sufficiency of any proposed surety or sureties, and in what

manner and to whom the same shall be made; and, upon being satisfied that the same has been made and perfected, may order the discharge of such person from gaol or custody.

130. Where, pursuant to the provisions of this Act, the punish- Whipping.

ment of whipping is awarded by any Justice or Justices, the order

for such punishment shall specify the number of btrokes to be	indicted; and the number of strokes shall not exceed twelve. The
whipping shall be administered by some person authorised by the order directing the whipping, and in all cases the instrument used shall be a birch rod or cam.

131. Every person authoriscci by writing under the seal of the Persons in charge of Stats children to have

Council to take charge of any child ordcred to be detained under	conalnbles.
this Act, for the purpose of convegintr; such child to or from any - - institution, or to a foster-parent, shall; for such purpose, and whilk engaged in such duty, have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as any police constable has by common law or statute.

132. All orders made by the Council in pursuance of this Act Ordersof Council to

shall be in duplicate, seakd with the corporate seal, and either andtobereooiPed bear seal of Council,

duplicate of such order, purporting to be sealed with such seal, shall evidence.

for all purposes be prim($ fucie evidence of the facts therein stated,

and that such order was d;ly made.

133. The

58" & 59' VICTORIW, No. 641.

The State Children Act.-1 $95.

PABT w r. - 133, The Government Gazette containing a Proclamation of the

~ ~ t t s	evidence,	establishment or control of any institution nnder this Act, or of the governing authority thereof,"or notifying the appointment of a President or Secretary of the Council, or the appointment of any person as an officer under this Act., or of the appointment of any person as a, member of the governing authority of any institution,
shall be concll~sive evidence of the facts therein stated.

Applicationof No. 134.

'Every proceeding under this Act for omissions, defaults, acts, or offences to which any penalty is attached, and all appli- cations for orders where no other method of proceeding is by this Act provided, shall be had and taken, and may be heard and determined in a summary way by any Justices nnder the provisions or' the Ordinance of the Governor and Legislative Council, 90. 6 of

of 1860.

1850, or of any ottrer Act for the time being in force relating to

the duties of Justices with respect to summary convictions ancl orders, and all convictions and ordcrs may be enforced as in the said Ordinance, or in such other Act, is or may be provided.

Foms of proceedings. 135. Every information, complaint, conviction, mandate, order,

or warrant under this Act shall bc dccmcd valid and sufficieiit if the same shall be in any of the forms in the Schedule B hereto which may be applicable, with such modifications as the circum- stances may require; or in which thc offence, or act, or default is set forth in the woriis of this Act; and no conviction, mandate, order, or warrant shall be held void by reason of any defect therein.

Appoal to Adelaido	136. There shall be an appeal from any conviction b ~ !	Justices
Local Court of Full

Juriediction.	for any offence against this Act, or from any adjudication or order
made by Justices under this Act, or from any order dismissing any
information or complaint, whichappeal shall- be to the Local of Adelaide of Full Jurisdiction only, and the proceedings on such appeal shall be conducted in manner appoint,ed by the said Ordi- nance, No, 6 of 1850 for appeals to Local Courts, or any Act here- after to be in force regulating sndi appeals; but the 1.ocal Court
aforesaid may make such order as to the payment of the costs of appeal as i t shall think fit, although such costs map exceed 'fen Pounds.
Local Court may
state special case.	137. The Local Court, upon the hearing of any appeal, may state a special case for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case, and may make such order as to costs as to the said Court shall appear just.
Justices or Local

Court to make order 138. The Justices or Local Court shall make order in respect to

in acoordance the matterg referred to the Supreme Court in conformity with the

d e c i ~ h of S u p m e

Court. certificate of the said Supreme Court, which order shall be en- forceable in manner provided for the enforcerrlent of orders of Justices under the said Ordinance, No. 6 of 1850, or other Act as aforesaid.

139. Save

58" & 59' VICTORIW, No. 641. 29 . >

The State Chitdren A c t. 1 8 9 5.

139. Save as provided by section 136, no order or proceeding of vile

Justices, or of any Local Court, made under the authority of thia ~ ~ c e p t by epeoial

Act, shall be app~aled against, or removed by cer.iio?wri or otherwise ~ ~ ~ p ~ ~ ~ ~ ~ ~ g ~ , ~ ~

into the Supreme Court. Supreme court.

140, In every actioti for anything done in obedience to any Mandate to be 8

mandate or order it shall be sufficient for the defendant to justify dofen'etoactiOnB.

under such mandate or order only, without setting forth the previous

proceedings, and the production of either duplicate of the mandate

or order shall bc sufficient evidence to prove the fact of making such

mandate or order.

141. No action shall be brought against the Council or any protection council

governin g ;W ttiori ty of an institu tioa or any person for anything and OBcers.

done in pursuance of this Act, uuless such action be commcnccd

within six months next after the act or defianlt complained of, nor

unless notice in writing of such action, and the cause thereof, has

been given to the defendant one month at least before the com-

mencement of the action; and the defendant in any such action

may plead the general issue, and give this Act and the special

matter in evidence at any trial to bc had thereupon; and the plain-

tiff shall not recover in such action if tender of sufficient amends

shall be made before action brought, or if', after action brought, the

defendant shall pay into Court sufficient amends; but in such lnst-

mentioned case the plaintiff shall recover his cost of suit up to the

time of the payrrlent into Court.

142. -h11 moneys received for penalties imposed for offences Appropriation of

against this Act shall be paid to the Treasurer, on behalf of Her P ~ ~ ~ ~ ~ ~ ~ -

Majesty, Her heirs arid successors, for the public uses of the said province and ill support of the Government thereof.

143, State children and their attendants shall travel free on state children to

Government railways on production of a certificate from the ment railwaye. free On

S~cretary of the Council that they are: State children travelling to

or frorn foster-parents. State children apprenticed or placed out by the Council or the governing body of any institution shall travel frec on Government railways to and from a public school.

144. Any child under the age of thirteen years who is employed Children employed in a ClrCU8.

or engaged in ally circus, or acrobatic entertainment, or exhibition

by which his lifc, health, or safety is likely to be lost, prejudiced, or

endangered, shall he deemed a " neglected child " for all the pur- poses of this Act; and any person so employing or engaging any such child shall be liable to a penalty not exceeding Twenty Pounds,

or to imprisonir~ent for a period not exceeding six months.

145. In cases of

emergency requiring immediate action, and in Secretmy to have

certain powers in

all cases where i t shall be impracticable or be likely to cause delay ,, calculated to defeat the proper attainment of any object contemplated by the Act, the secretary may, in the name and on behalf of the , , , ,,,,,

Cauncil,

30 58" & 59" VICTORIE, No. 641.

The State Children Act.- 1895.

m. Council, do any act or exercise any power which the Council is authorised to do or exercise; but all such acts or the csercise of anv such powers or authorities shall by thc secretary be reported to thk Council at its next subsequent meeting, and shall be nubjert to the ratification of the Council, but, until such meeting, shall for all purposes be deemed to be valid and effectual.

146, The several forms in Schedule B to this Act, or forms to tho like effect, may be used, with such variations as the circumstances require, and shall be sufficient for the several purposes to which they are applicable respectively. Where no forms are prescribed, forms reasonably'adapted to the circumstances of the case may be used, and shall be sufficient for their respective purposes.

Regulations.

147, The Governor may from time to time make, repeal, alter,

and vary all such regulations as may appear necessary or advisable

for regulating-

(a) The duties, powers, authorities, and privileges of all persons employed in the administration of this Act:

( b ) The meetings and proceedings of the Council:

(c) The management, control, and supervision of institutions and

lying-in homes:

(d) The custody, maintenance, education, employment, appren

ticing, and placing out of State children:

(e ) The admission of ministers of religion to institutions:

( f ) The visitation of State children at institutions, or apprenticed,

or placed out:

(g) The punishment of State children:

(hj Wages and rewards to State children:

( i ) The management and control of property vested in Council:

( j ) Records to be kept at institutions and by licencees:

(X') The form and contents of agreements, appointments, appren-

ticeship articles, authorities, complaints, informations, licences, mandates, notices, orders, summonses, and all other instruments and documents, and the mode of executing, serving, or delivering the same:

( 1 ) The fees to be paid:

(m) The imposing of penalties:

( n ) The income and expenditure of the Council:

( v ) The time and manner in which any act, deed, matter, or thing

required by this Act to be done, and as to which the time

or procedure is not provided, is to be done or performed:

(P) All

The State Children Act.-1 895.

(p) All other matters and things arising under and consistent with this Act not herein expressly provided for, and other- wise fully and effectually carrying out and giving force and effect to the various objects, purposes, powers, and authorities of this Act, and guarding against evasion8 and Yiolations thereof. ' P A ~ T VIL

148. All such regulation S, and every alteration and repeal Re~ulations to be

laid before Parliament

thereof, shall be laid before Parliament for thirty days, and, except ,nd , in so far as the same may be disapproved by resolution of either House of Parliament, shall be published in the Government Gazette, and after such publication thereof shall have the force of law: Provided that no such regulation, alteration, or repeal shall be	.	,	,	,	,
repugnant to this Act, or to the general spirit or intendment of
the laws in force within the province.

In the name and on behalf of Her Afajcsty, I hereby assent to

this Bill.

T. FOW El ,L BUXTON, Governor.

SCHEDULES

58" & 59' VICTOKIE, No. 641.

The State Children Act.-- 1895.

SCHEDULES REFERRED TO.

No. of Act. Short Title. Extent of Repeal.

--W- --p "P-

No. 218 of 1881.. The Destitute Persons Act, Sections 44 to 90 (both inclusivej,

1881 92, 94, 95, 100, 101, sub-section

XITI. to section 28, and so much

of sub-section xv. of that section as relates to infants placed out with foster parents; and also so much of the unrepealed provisions of the Act as relates to the main- tenance or desertion of a child by

a near relative.

No. 387 of 1886,. The Destitute l'ersons Act The whole thereof, except sections 1, 20, 21, 22, and 24 ; aud as regards section20 so much thereof as relates to the desertion of n child by a ncar relatire.

Amendment Act

SCHEDULE B.

FORMS.

No. l,

Section 33.	Complaint Against a ChiM.
" The State Children Act, 1895."

Be i t remembered that on this day of , 189 , at in

the pro~ince of South Australia, C. B., of , in the said pr~~viucc, 7

came before me Ksquire, one of Her Majesty's Justices of the Peace

in and for the said province, and a Special Magistrate, and allcgcd that A. B., of

in the said province, is a destitute (or neglected or convicted, as the

case may be) child within the meaning of " The State Children Act, 1895," in that

[set out the charge ill such of the formsfoEZowing as may be a~ylicalile, with any nzodi-

$cation which the circumstances may r e p i r e ], namely :-

( a ) He has no sufficient means of .subsistence. and his relatiws are in indigent circumstances and unable to support him (or are dead, or are unknown, or cannot be found, or arc out of the jurisdiction, or are in custody of the law).

( b ) He did on the day of , 18 , (or at divers times

between the day of , and the

of , l 8 ) a t in the said province, " habitually day

beg alms," (or " habitually receive alms," or "wander about a certain public place, to wit, and has no home or settled place of

abode," or "reside in a reputed brothel, to wit	,	7 2	o r "asso-
ciate with a person who has been convicted of vagrancy, to wit

of !'l

(U) C. B., his parent, charges the said A. B. that he is an uncontrollable or incor- rigible child, and desires that the aaid A.B. may be brought before Justices to the intent that he may be sent to an institution, or otherwise dealt with pursuant to " The State Children Act, 1895 "; and the said C. B. under- takes to give security to the satisfaction of the Justices for the maintenance of the aaid child in an inatitution.

(4 1s

58' & 59" VICTORIK, No. 641.

The State Children Act.-1 895.

( d ) Is under the guardianship of a person, to wit , who is unfit to

have such guardianship.

(e) Was, on the day of 1 8 , a t , in

the said province, before , found guilty (or convicted)

of , bcing a crimc punishable by imprisonment.

Taken before me, at	aforesaid, the day and year first above written.
No. 2.

Mandate for Neglected Child to be sent to an Institution pursuant to " The State 8ectione 33 and 42.

ChiZdren Act, 1895."

To Esquire, Commissioner of Police, and all constables in the Province

of South Australia, and to the superintendent (or matron) of the Industrial School at Magill [or other instifution, as the case may be] in the said province: Whereas A. B. a boy (or girl) has been brought bcforc the undersigned s Special Magistrate (or " two of Her Majesty's Justices of the Peace ") in and for the Province of South Australia, and charged with being a neglected child within the meaning of " The State Children Act, 1895," in that he (or she) did, at divers times, between the day

of , 189 , and thc day of , 189 , (or on

the day of, 189 ,) at in the said province,

habitually beg alms [or set out other jacts, as stated in the information, showing the child to be a neglected child] : And whereas I (or we) have heard the matter of the

said charge, and am (or are) satisfied that the said A. B. is in fact a neglected child within the meaning of the said Act, and have convicted him (or her) thereof accordingly: And whereas the said A. B. is of thc age of years and

months, and of Protestant (or Roman Catholic or Jewish, as the case may be)

religion: And whereas I ( o r we) have ordered the said A. B. to be sent to the Industrial School at Magill Lor other. imtitution] to be thcrc detained or otherwise dealt with under the said Act for the tenu of years from the day of the date hereof [or until h,e for she) shall attain the age of eighteen years] : These are to require you, to whom this mandate is directed, to take the said A. B. to the said institution and there to deliver him (or hcr) to the superintendent (or matron) thereof, together with the duplicate of this mandate, and the said superintendent (or matron) is hereby required to receive the said child into the said school, there to be detained or other- wise dealt with under the said Act, until the expiration of the term aforesaid, unless

he (or she) shall in the meantime be discharged in due course of law.

Given under hand and seal, at , in the said province,

this day of 189 .

No. 3.

Mandate for Destitute Child to be sent to an Institution pursuant to the " Stale flectiona 33 and 42.

ChiZdren Act, 1895."

To [as in form No. 21.

Whereas A. B., a boy (or girl), has been brought before the undersigned, a Special Magistrate (or two of Her Majesty's Justices of the Peace) in and for the province of South Australia, and charged with being a destitute child within the meaning of " The State Children Act, 1895," in that he (or she) has no sufficient means of subsistence, and that his (or hcr) relatives are in indigent circumstances and unable to support the said A. B. (or are dead, &C.): And whereas I (or we) have heard the matter of the said charge, and am (or are) satisfied that the said A. B. is in fact a destitute child within the meaning of the said Act, and have convicted

him (or her) thereof accordingly: And whereas, &c. [continue as in form No. 23.

No. 4.

M a d z t e f o r Uncontrollable or Incorrigible Child to be sent to cs Probationary ScAoo2,

Wectiona 34 and 4%

To [as ir, Form No. 2.1

Whereas A. B., a boy (or girl), has been brought before the undersigned, a

Special Magistrate (or two of Her Majesty's Justices of the Peace), in and for the

province

E-64 1

58' & 59' VICTORIA, No. 64:.

The Mute Childyen Act.-1895.

province of South Australia, and charged by C. B., of, his parent, with being an nncontrollable or incorrigible child, to the intent that he may be sent to an institution, or otherwise dealt with pursuant to "The State Children Act, 1895: " And whereas we have heard the matter of the said charge, and are satisfied that the same is well founded, and whereas the said A.B. is of the age of years, months, and is of the Protestant [or as the case may be] religion: And whereas I

(or we) have ordered the said A.B. to be sent to the [name or descr+tion of proba- tionary ~chool] to be there detained and dealt with pursuant to the said Act for a

period of months from the day of the date hereof. And whereas the said A. B. has given security to my (or our) satisfaction for the maintenance of the said child in the said institution, these are to require [continue as in Eorm No. 2.)

No. 5.

S e c t i o ~ 34 and 42. Order for UncontroEla2Sle, &C., Child to be Relensed on Probation.

Whereas [insert recitds as in form N o. 4 down to the word.$ well founded"] I

(or we) do hereby order that the said A.B. be released on probation, and that until

he attains the age of eighteen years he shall be subject to thc supervision of the Council pursuant to the said Act; and I (or we) do further order that the said A.B. ahall from time to time, until hc attains the said age, report himself to the said Council, or the secretary thereof, at such places and times and in such manner as the said Council or the secretary thereof ahall direct.

Dated this day of , 189.

No. 6.

kt iom 34 and 42. Mafidate for Convicted Child to be sent to a Reformatory School pursuant to " The

State Children Act, 1895."

To [as inform No. 2, varied to suit the circumstances].

Whereas on the day of 189 , at [Court o r place of

conviction:, in the province of South Australia, before the undersigned, a Judge of

the Supreme Court [or as the ccrse may be] of the said province, A. B., a boy, was convicted of a certain offence punishable by imprisonment, to wit, larceny of a gold watch, the property of X. Y. [or other ofence] : And whereas the said A.B. is of the age of years and months, and is of the Protestant [or as the case may be religion: And whereas I hstve ordered the said A. B. to be sent to the Reforma-

tory Sc fi ool at Magill, in the said province [or other instilution, as the case may be],

to be there detained or otherwise dealt with, pursuant to '' The State Children Act,

1895," for the term of years from the day of the date hereof or until he

shall attain the age of 18 years, as the case may be), these are to require	continue as
in form No. 23.	t

No. 7.

Agreement for Boarding Out Stale Child.

" The State Children Act, 1896."

Whereas A. B., [here state residence and occupation] has agreed with the SQte

Children's Council to receive and take charge of C. D., a State child, now under the

care of the Council, for the term of from this date, upon receiving from

the Council the sum of weekly, (monthly, 09 quarterly, or without fee

or reward): These are therefore to authorise tbe said A. B., pursuant to the above- mentioned Act, to take the said C. D, to be by him (or her) kept, maintained, clothed, and educated during the said term.

In witness whereof the seal of the said Council has been hereunto affixed

this day of 189.

(Seal of Council). Secretary.

I, the above-named A.B., hereby agree with the said Council to receive and keep, maintain, clothe, and educate, to the satisfaction of the said Council, the said C. D., for the term and upon the terms of the above licence, and subject in all things to the proviaione of the said Act, and the regulations thereunder.

Dated this day of 18 .

W itnesa--	A.	B.
No.

58" & 59' VICTORIW, No. 641.

The State Children A c t. 1 8 9 5, - -

. ---p

No, 8.

Agreement for Service of a State Child. Bectione 63, 68.

' l The State Children Act, 1895."

Whereas A. B., of [here state residence and orcupatim], has agreed with the State Children's Council to receive for clervice and take charge of C.D., a State child, now under the care of the Council, for the term of from this date: These are therefore to authorise the said A. B. to receive and take charge of the said C. D., to be by the said A. B. kept, maintained, clothed, and educated during the term of such service, pursuant to the above-mentioned Act and the regulations thereunder.

I n witness, &c. [as in Form No. 7 .1

I, the abom-named, A. B., hereby agree with the said Council to receive said C. D.

into service, and to keep, maintain, clothe, and educate him to the satisfaction of the Council, for the term and upon the terms of the above licence, and I agree to pay for the services of the said C. D., the sum of per week [here set out rates

of'wages, $C., if no wages to be paid omit a,qreement for paymmt g' tuages], subject

in all things to the provisions of the said Act and regulations.

Dated this day of 18 .

Witness- A. B.

No. 9.

Agreement for the Adoption ofcr State Child. Sections 83, 68.

L'The State Children Act, 1896."

W%eseas, A. B., of [here state residence and occupation], has agreed with " The State Children's Council" to adopt and take charge of C. L)., a State child, now under the care of the Council, for the term of from this date: These are there- fore to authorise the said A. B. to receive and take charge of the said C.D., to be by the said A. B. kept, maintained, clothed, and educated, during the said term, pursuant to the abovc-mentioned Act and the rcgulations thereunder.

In witness, &c. [as in Form No. 7. )

I, the above-mentioned A. B., hereby agree with the said Council to adopt the said

C. D., and to keep, maintain, clothe, and educate him to the satisfaction of the said Council during the term and upon the terms of the ahove licence, subject in all things to the said Act and rcgulstions.

Dated this day of , 18 .

Witness - A. B.

No. 10.

Order by Council Removing State Child from one Institution to another. Bection 47.

" The State Children Act, 1895."

Whereas A. B., is now an inmate of the lname of institufz'on] at

, and whereas the State Children's Council have determined that

the said A. B., shall be removed to and detained at the [name of in~titution]

at [or as the case may be] : These are therefore to require you, C. D., forthwith to take the said A. B. from the said [name of mstztu- lion] to the said reformatory school [or m the c a a may he], and there to deliver him (or her) to H. F., the superintendent, (02. matron) thereof, together with a duplicate of this order; and you, the said E. F., are hereby required to receive the said A. B. into the said reformatory school [or ao the case may be], to be there detained in accordauce with the copy mandate accompanying this order.

I n witness whereof the seal of the State Children's Council has been hereunto affixed this day of , 189 , in the presence of

President.

Member of Council.

To C. D., of [residence and occupdun] and E. F. , superintendent (or matron) of

the [name of itlstitution to which child is to be removed].

Ro,

No.

The &!ate Children Act.-1 8Xi.

No. 11.

Swhi~ll l~ 66,72. Order by Counci4 for Return by Foster-parent of State Child Apprenticed or Placed

Out.

" The State Children Act, 1895."

Pursuant to the provisions of The State Children Act, 1895," the State Chil-

dren's Council do hereby order and require you forthwith to deliver A. B., a State

child apprenticed to (or placed out with) you, at the [name of institution] at

(or to C. D. , of , the bcnrer hereof, who is authorised by the Council to

receive the said A. B.) [Add, df so determined-The said Council doth hereby cancel the indentures of apprenticeship of the said A. R. whereby he was apprenticed to you (or revoke the agreement dated the day of, l 8 9 , whereby you were authorised to receive the said A. B.)]

In witness, &c. [as in Form ll'o. 7.1

TO G. 'H. [name and address gfparent or foster-parent].

N.B.--Take notice that if you fail to comply with this order you will be liable to

a penalty not exceeding $10.

No. 12.

Beohon 72. Order 6y Cotcacil on State Chzld Apprenticed or Placed Out to Return to an Insti-

tution.

" The State Childrcn Act, 11896."

Pursuant to the provisions of " The Stale Children Act, 1895," the State Chil-

dren's C!ouncil do hereby order and require you forthwith to return with C. D.,

the tearer hereof, to [name of institution] at (or to forthwith surrender

yourself at the Lname of institution] at >

In witness, &c. [as zn Form KO.'	71.
To A. B. [name of State child].

No. 13.

Seation 8 1. Complaint against Near Rebtives of a Child under " The State Childreu Act, 1895."

Be it remembered that on this day of 189 , at

in the province of South Australia A. (or K.) of in the said

province came before me, the undersigned, a Justice of the Pcace in

and for the said province and alleged as follows [set out the allega-

tions in such of theforms following as may he applicuble], namely :-

That F. of , and S. of , are near relatives within the

meaning of " The State Children Act, 1895," of C., a male (or female) child

of the age (or apparent age) of years.

That C.. a male (or female) child of the age (ar apparent age) of years, is an

illegitimate child, and that P, is the father thereof.

That the said C. is a State child within the meaning of " The State Children Act,

1895."

That the sum of pounds is owing to for the past

maintenance of the said child.

That the said F. and S. are able to contribute towards (or pay for) the maintenance

(and past maintenance) of the said child.

That the said P. is able to pay for (or contribute towards) the maintenance (and

past maintenance) of the said child.

That the said P. has made default in compliance with an order made against him

on the day of in respect of the maintenance of C.

That the said P. intends to evade compliance with an order made against him [as

in East form].

%hat this complaint is made on behalf of the State Children's Council by K., who

is duly authorised by the said Council to make the same.

Taken before me at the i

day and year first above written. [Signature of complainant].

J.P. 1 No.

58" & 59" VICTORIE, No. 641.

The State Children Act.-1895,

No. 14.

Maintenance Order pursuant to " The State Children Act, 1895." Sea. 83, 86, 88, 91.

Upon complaint made by K., on behalf of the State Children's Council, against P.

of , wherein it is alleged that C., a female child of the age of

years, is an illegitimate child; that P. is the father thereof; that the said C. is a State

child within the meaning of " The State Children Act, 18% "; that there is owing

to the said Council the sum of pounds for the past maintenance of the said child; and that the said P. is able to pay for (or contribute towards) the maintenance and past maintenance of the said child; and the said complaint coming on for hearing this day before me (or us), the undersigned, a Special Magistrate (or two of Her Majesty's Justices of the Peace) in and for the province of South Australia, and sitting at, and having heard the evidence of A.C., the mother of the said child, and such evidence having been duly corroborated in a material particular as required by the said Act, and bcing satisfied that the several allegations aforesaid have been duly proved, I (or we) do adjudge the said P. to be the putative father of the said C. within the meaning of the said Act.

And I for we) do order [use such of the forms follotuing as may be applicable] as

follows, that is to say-

That the said P. do pay to the sum of pounds for the past

maintenanee of the said child on or before the day of

next [or if by instalments set out number, amounts, and dates of payment].

That the said P. do pay to the sum of shillings on

the day of every week hereafter until the said child shall attain

the age of years, or until further order.

That the said do pay to the said the sum of pounds

for his costs incurred on this behalf.

That all the said sums be paid to at

That the said P. do forthwith find good and sufficient security by recognisance-

himself in the sum of pounds and two sureties in the sum of

pounds each, or one surety in the sum of pounds, for the due com-

pliance of him, the said F., with this order: And in default of such security

being found I (or we) do adjudge the said P. to be imprisoned in for the space of [with or without hard labor, as the case may be].

That [the person upon whom notice of attachment of moneys or property has bean served

6y the State Children's Council] do forthwith pay (or deliver over) unto

, at , the sum of pounds [or describe

the property to be delivered over], being all (or portion) of the money (or

property) attached in his hands by notice from the State Children's Council

dated the day of ,189 .

Dated at this day of

S. M. for J.P., &c,)

No. 15.

illaintenance Order pursuant to (' The Btate Children Act, 1895." t3ection 83.

Upon complaint made by A., of , (or K. , of ), on

behalf of the State Children's Council, against F., of , and S., of

, wherein it is alleged, inter alia, that the said F. and S. are near

relatives, within the meaning of " The State Children Act, 1895," of C., a male (or

female) child of the age (or apparent age) of years, and that set out

any oiher material allegatzons in the compluint which have been provedl, and t e said	6
complaint coming on (or having been partly heard on the	day of

and adjourned and coming on again) for hearing this day before me (or us), the undersigned, a Special Magistrate (or two of Her Majesty's Justices of the Peace) in and for the province of South Australia, sitting at: And 1 (or we), being satisfied that the said F. is the father and S. is the stepmother of the said child ("that the said C. is a State child," " that the sum of is owing to the said Council

(or to A.) for the past maintenance of the said child (as the case may require) that

said F. and S. are able to contribute towards the (past and future) maintenance of the said child the sums hereinafter mentioned, I (or we) do order that, on or before the day of next, the said F. do pay the sum of

pounds, and the said S. do pay the sum of pounds , for the past maintenance

of the said child [or if the amount be made payable by instalments, alter the form

accerdingtyl :

" VICTORIAi, No. 641.

The State Childre@ Act. -1 895.

accordeizgly] : And that on the day in every week [or on such other days

aa may be determined] hereafter, beginning on , the day

of , until the said child shall attain the age of years,

, 18

or until further order, the said F. do pay the sum of shillings, and the

aaid S. do pay the sum of shillings, for the future maintenance of the

said child: And that the said sums be paid to at

Dated this day of , 189

S.M. (or J.P., &C.)

No. 16.

Election 87. Notice of Attachment.

To

Whereas a complaint has been made, pursuant to Part v. of " The State Children

Act, 1895," against A.B., of, and whereas you have, or are supposed to have, in your care, custody, or control money or property of or belong- ing or payable to the said: Notice is hereby given you not to part with the possession of such money or property, or any part thereof, until after

the said complaint has been heard and determined.

Given under the seal of The State Children's Council, this day

of 189 .

The seal of the said council was hereto affixed in the pre-

sence of (L.s.)

Secretary. )

No. 17.

Notzce to be Indorsed on Maintenance Order, or on a Copy thereof.

To

Wherea~, by notice under the seal of The State Children's Council, dated the

day of , 189 , you were required not to part with

the possession of certain money (or property) therein mentioned until a complaint in the said notice referred to against the within-mentioned A B. had been heard and determined: And whereas the said complaint having been duly heard and deter- mined by me, the undersigned, a Special Magistrate (or by US, two of Hes Majesty's Justices of the Peace) in and for the province of South Australia, an order has been made against the said A.B., upon the terms within set forth: NOW, therefore, I (or we), in exercise of the powers in this behalf conferred by " The State Children Act, 1895," do order that YOU,, of, do forthwith pay (or deliver over) unto , at , the sum of pounds

[or describe the property to be delivered over], being all (or portion) of the money (or

property) attached by the said notice.

Dated at , this day of , 189 .

S.M., &c.

N.B.-If you neglect or refuse to comply with the above order you will render

yourself personally liable to pay the above-mentioned sum (or the value of the

property above mentioned).

No. 18.

Section 92.	Complaint by Near Relative.
"The State ChLldren Act, 1896.''

Be it remembered that on this day of 18 , a t

in the province of South Australia, F., of , in the said province,

came before me the undersigned, a Justice of the Peace in and for the

said province, and alleged RB follows :-

That an order was made against him, pursuant to the above-mentioned Act, on the

day of l 8 , in respect of the maintenance of C.

That F., of and S., of , are near relatives of the said C., and

are able to contribute towards (or pay for) the maintenance of the said C.

Taken, &c. [as in Form No. 13.1 No.

VICTORIA, No.

The State Children Act. -1 895.

No. 19.

Order Varying Maintenance,	Section 92.
' c The State Children Act, 1896."

Urder-

Upon complaint made by P-, of , against F., of , and S.: of 9

wherein it ia alleged [set out substance ?f atlegations], and the s d complaint coming

on for hearing this day before m e (or us, &c ), [as i n f i r m No. 141, 1 (or we) do

order as follows, that is to say [use such of the forms following or in N o. 14 or 15

as may he applicable.]

That the said order against the said P. be annulled as from this date (or be sus-

pended for months from this date, or be varied in the following

particulars [setting them out])

That the said P. do pay the sum of shillings; t b said F. do pay the sum

of shillings; and the said S. do pay the sum of shillings on

day next, and on the day in every week thereafter, until

the said C. shall attain the age of	years, or until further order for the
maintenance of the said C.

That all the said sums be paid to at

Dated at	,	this	day of	,189	.
, S. M. ( o r J.P.'s)

No. 20.

Lying-in Home Licence.	Sectionn 102, 103.
The S h t e Children Act, 1896."

In consideration of the sum of five shillings paid by of , the

premises hereunder mentioned, that is to say [describe pemises and situation], are hereby licensed to be kept and used as a place for the accommodation of females during their confinement and lying-in, subject in all things to the provisions of the above-mentioned Act and the regulations thereunder, for the term of not exceeding one year from the date hereof.

Dated this day of , 189.

By order of the State Children's Council,

(Seal.)	Secretary,
No. 21.

Foster-mother's Licence.	Section 106.
The State Childrcn Act, 1895."

In consideration of the sum of one shilling paid by [ ~ a m e ], of [residence and

occupation], the said is hereby licensed as a foster-mother subject in all things to the provisions of the above-mentioned Act and the regulations thereunder, for the term of not exceeding one year from the date hereof.

The number of children under two yeare of age to be kept by the said

under this licence, shall not at any time exceed

Dated this day of , 189.

By order of the State Children's Council,

(Seal.) , Secretary.

SCHEDULE	C.
Fees to be paid.

Annual licence fee for lyingin home.	.....................	Five shillings.
Annual licence fee for foster mother	......................	One shilling,

5

Adelaide : By authority, C. E. BRIBTOW, C+OVernment Printer, North-ternwe.