Sydney Female School of Industry Act 1829 No 4a (NSW)

No. IV.

children And whereas to ensure its permanent prosperity it is expedient that some member of the same should be enabled to sue and be liable to be sued in the place of the whole of the members of such Society in respect of any of its dealings or transactions Be it therefore enacted by His Excellency the Governor of New South Wales by and with the advice of the Legislative Council That all actions and suits against any

An Act to enable the Members of a certain Society denominated the Sydney Female School of Indus t ry to sue and be sued in the name of the Secretary for the t ime-being thereof and also to enable the said Society to receive Apprentices. [9th September, 1829.]

for its object the moral and religious improvement of female poor WHEREAS a Society has been established in the Town of Sydney called the " Sydney Female School of Industry " which has

any person or persons indebted or to be indebted to the said Society whether a member or members thereof or otherwise and all other proceedings at Law or in Equity to be commenced and prosecuted by or on behalf of the said Society or wherein the said Society is or shall be in anywise concerned against any person or persons body or bodies corporate or politic shall and may be lawfully commenced and prose­ cuted in the name of the person who shall be the Secretary of the said Society at the time any such action suit or other proceeding shall be instituted as the nominal plaintiff complainant or petitioner for and on behalf of the said Society and it shall be lawful for such Secretary to do and act in the recovery of any debt owing to the said Society or in establishing any right or claim made on behalf of such Society in as full and ample a manner as any private individual could or might do in any case wherein he might be solely interested and such proceedings shall and may be prosecuted and carried on to their final termination in the name of such Secretary notwithstanding any change may have been made in the said office of Secretary during the progress of such suit action or other proceeding.

2. And be it further enacted That all actions suits and other proceedings at Law or in Equity to be commenced and prosecuted against the said Society shall be commenced and prosecuted against the Secretary thereof for the time-being as the nominal defendant for and on behalf of the said Society and that the death resignation or other act of the Secretary of the said Society shall not abate any such action suit or other proceeding but the same may be continued where it left off and be prosecuted and carried on against the said Society in the name of such person who was Secretary when such action suit or other proceeding was instituted or commenced Provided always That every such Secretary in whose name any such action suit or other proceeding shall be commenced prosecuted carried on or defended shall in all cases be reimbursed and paid out of the funds of the said Society.
3. And be it further enacted by the authority aforesaid That the provisions of this Act shall extend and be deemed and taken to extend to the said Society at all times during the continuance of the same.
4. And whereas in order more effectually to promote the objects of the said Society it is expedient that provision should be made to obviate the difficulties that may arise in imposing due and necessary restraint upon the several children admitted into the school of the said
Society be it further enacted by the authority aforesaid That it shall
be lawful for the Secretary for the time-being of the said Society to
receive and take such number of female poor children as apprentices to the said Society as the majority of the Committee of said Society shall deem advisable and that all indentures of apprenticeship to the said Society shall be executed by the Secretary of the said Society for the time-being on behalf of the said Society and every such apprentice shall be deemed to be the apprentice of the Secretary for the time- being of the said Society and no indenture of apprenticeship shall be void because of the deed or instrument of apprenticeship not being indented or wanting any other formality in cases of apprenticeship.
5. And be it further enacted by the authority aforesaid That all complaints arising between such apprentices and the Secretary of the said Society shall bo determined in a summary way by one or more Justice or Justices of the Peace who are hereby empowered to examine the complainant and witnesses on oath in respect thereof and to punish the apprentice by solitary confinement (in such place as by the Governor shall be appointed) and for any time not exceeding one month or by extending the time of service to any

x term

term not exceeding one year or in case such Justice or Justices shall deem it expedient then such Justice or Justices may cancel the inden­ tures of such apprentice.

6. Provided always That any of the parties aforesaid may appeal to the Court of Quarter Sessions by petition from any such determi­ nation which Court of Quarter Sessions is hereby authorized to hear and determine such appeal and to award costs to either appellant or respondent not exceeding five pounds as to such Justices in Quarter Sessions may seem just.