Sydney Female School of Industry Act 1850 No 29a (NSW)
No. XXIX.
| Sydney | Female | All Act to iiiake effectuiil DrovisioTi foi the apprenticing ot Female Children admitted and to be admitted into “ The Sydney Female School of Industry” to the Secretary for the time being of the said Society and to authorize such Secretary to apprentice such Children |
| S chool OF Industry. | . | n | t -, | i | *1 | 1 | 1 | 1 |
| to other persons. | [Is ̂ October, 1850.] |
| Pieamble. | \ \ 7 IIEREAS a Society has for many years existed in the City of |
| V V Sydney called “ The Sydney Female School of Industry” | |
| which has for its object the moral and religious improvement of poor female ehildren And whereas hy an Act passed in the tenth year of |
| 10 Geo. IV. No. 4 | the reign of ll is Majesty King George the Fourth hy the then Governor |
| fiections 4 5 and 6. | and Legislative Council of New South Wales intituled “ An A ct to |
“ enable
| 1850. | 14 ̂ VIC. | N o. | 29. | 2161 |
Sydney Female School o f Industry.
“ enaJjle the Members o f a certain Society denominated ‘ The Sydney “ Female School o f Inditstry ’ to sue and, he sued in the name o f the “ Secretary fo r the time being thereof and also to enable the said “ Society to receive Apprentices ” certain provisions were made; respecting (among other things) the apprenticing to the Secretary for the time l)eing of the said Society of poor female cliildren and respecting the adjudication of complaints arising between such appren tices and the Secretary for the time being of the said Society And whereas ])y an Act passed in the cightli year of the reign of Her present Majesty hy the then Governor and Legislative Council of the said Colony intituled “ An A ct to regulate and amend the Law of Orphan s v ic. No. 2
and other Apprentices in the Colony o f Neiv South JFales” so mach of the said first recited Act as relates to th(3 punishment of sucli apprentices as aforesaid was repealed And whereas it is necessary to make such provisions for the apprenticing of poor female children to the Secretary for the time being of the said Society and to authorize the assignment of such children to other persons as arc herein con tained Be it therefore enacted hy His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act it shall he lawful for the Secretary for tlie time being of the said Society to accept and take any female child wlio shall not be under the age of five years nor above the age of ten years as an apprentice (whether secretary i]f tho
| such child shall have been admitted into or shall be an inmate of tlu; | empowered |
| said Sydney Eemale School of Industry or not) to learn and he | ‘‘“ ^̂I’leenioos. |
| instructed in such matters and things as shall he specified in or agreed upon hy the instrument of apprenticeship by which such child shall he bound for any period of time not exceeding seven years. |
2. And he it enacted That any such child shall and may he bouu d Mode of binding,
as an apprentice to the Secretary for the time being of the said Sociciy
hy an instrument in writing whicli instrument of apprenticesliip shall
| he executed hy the Secretary for the time being of the said Society and | . |
| by tlic child to he hound thereby and if such child shall at the time of the execution of such instrument of apprenticeship have a father of competent understanding who shall then have a known and usual place of abode in the City of Sydney or within forty miles therefrom and who shall not tlicn he suffering imprisonment or other punishment under or performing any sentence in pursuance of a conviction for any crime and who shall not then 1ic an inmate receiving eleemosynary or gratuitous support or relief in any public or (diaritahlo institution then such iusf rumcnt of apprenticeship shall be executed also hy the fath(‘r of such child and if such child shall not then have a father of compe tent understanding who shall then have a known and usual place of abode in the said City of Sydney or within forty miles therefrom and who sliall not then he suffering imprisonment or other punishment under or performing any sentence in pursuance of a conviction for any crime and who shall not then he an inmate receiving eleemosynary or gratuitous support or relief in any public or charitable institution and sucli child shall then have a mother of competent understanding who shall then have a kno^vn and usual place of abode in the said City of Sydney or within forty miles therefrom and who shall not then he suffering imprisonment or punishment under or performing any sentence in pursuance of a conviction for any crime and who shall not then he an inmate receiving eleemosynary or gratuitous support or relief in any public or charitable institution then such instrument of apprenticeship shall be executed by tlxe mother of such child whether such mother shall be a married woman or not and if such child shall not then have either a father or a mother of competent understanding who shall then have a known and usual place of abode in the said |
City
| 2162 | N o. 29. | 14̂ ̂ VIC. | 1850. |
Sydney Female School o f Industry.
City of Sydney or within forty miles therefrom and who shall not then he suffering imprisonment or other punishment under or performing any sentence in pursuance of a conviction for any crime and who shall not then he an inmate receiving eleemosynary or gratuitous support or relief in any public or charitahle institution then such instrument of apprenticeship shall he valid binding and effectual to all intents and purposes whatsoever if executed hy the Secretary for the time being of the said Society and hy the child to be hound thereby.
Upon execution of
| instrument child to | 3. And be it enacted That upon any such instrument of appren |
| become apprentice | ticeship being so executed as aforesaid the child who shall he thereby |
| and matters ■whicli | |
| apprentice shall be | hound shall thereupon become and he to all intents and purposes the |
| bound to learn to bo | apprentice of the Secretary for the time being of the said Society so |
| deemed a trade. | long as such instrument of apprenticeship shall remain or he in force and for the purpose of giving full effect to such instrument of appren ticeship and of creating the relation of mistress and apprentice between the Secretary for the time being of the said Society and the child to he hound thereby the matters and things which such child shall he thereby expressed to be hound to he taught and instructed in shall he deemed to he a trade exercised and carried on by the Secretary for the time being of the said Society. |
| Power to assign | 4. And he it enacted That it shall he lawful for the Secretary |
| apprentices. | for the time being of the said Society by an instrument of assignment in writing to assign to any person or persons any child who shall be hound by any such instrument of apprenticeship as aforesaid for the residue or any portion of the residue of the term for which any such child shall have been by such instrument of apprenticeship hound provided such person or persons to whom such child shall be so assigned shall so long live to be taught and instructed in any such art trade calling business or occupation or matters or things whether of a scientific literary domestic household manual menial or other nature and upon such terms in all respects as shall he expressed in the instru ment of assignment hy which such assignment shall he made and upon any such instrument of assignment being executed by the Secretary for the time being of the said Society and the person or persons to Avliorn such child shall thereby be assigned such child shall so long as such instrument of assignment shall remain or be in force and no longer cease to he the apprentice of the Secretary for the time being of the said Society and shall thereupon become and he to all intents and purposes the apprentice of the person or persons to whom such child shall be assigned by such instrument of assignment so long as such instrument of assignment shall remain or he in force and for the purpose of giving full effect to such assignment and creating the relation of master and apprentice or mistress and apprentice between the person or persons to whom any such child shall he assigned hy any such instrument of assignment and such child the art trade calling business or occupation or matters or things which such child shall be thereby expressed to he assigned to he taught and instructed in shall he deemed to he a trade exercised and carried on hy the person or persons to whom such child shall be thereby assigned. |
| Parties necessary to | |
| assignment. | 5. Provided always and be it enacted That every such instru ment of assignment shall be valid binding and effectual to all intents and purposes whatsoever if executed by the Secretary for the time being of the said Society and the person or persons to whom such child shall be thereby assigned although the same shall not he executed by such child or any other person or persons and whether such child or any other person or persons shall be a party or parties thereto or not. |
| Apprentice not |
| bound to servo after | 6. Provided always and be it enacted That no child who shall |
| Attaining twenty-one | bouiid by any sucli instrument oi apprenticeship as aioresaid shall |
| years of age. | bo hound to servG thereunder or under any such instrument of assign |
ment
| 1850. | 14 ̂ VIC. | N o. | 29. | 2163 |
Sydney Female School o f Industry.
ment as aforesaid after she shall have attained the age of twenty-one
years.
7. And he it enacted That every person who shall he Secretary MaiTiapo of Sccrc-
for the time being of the said Society shall notwithstanding such person {,“7powcî
shall be or shall become a married woman have full power to execute
any such instrument of apjirenticeship as aforesaid and any such instru
ment of assignment as aforesaid and to exercise autliority over and
to govern restrain coerce and correct any child who shall he bound
hy any such instrument of apprenticeship to the Secretary for the time
being of the said Society and to commence take carry on and prosecute
and to defend and oppose all prosecutions actions suits proceedings
matters and tilings whatsoever in about touching concerning or relating
to any such instrument oi‘ apprenticeship or to any such instrument
of assignment as aforesaid or any breach of any of the provisions
thereof respectively or any misliehaviour of any child who sliall he
hound or assigned by any such instrument of apprcnticeshi]) or
instrument of assignment as aforesaid or the enticing or taking a-way
or employing or harbouring or the being concerned or engaged in
enticing or taking away or employing or liarbouring of any cbild who
shall be bound or assigned hy any such instrument of apprenticeship
or instrument of assignment as aforesaid or any illegal act which may
| he (lone or committed hy any person in relation to any such instrument | . |
| of apprenticeship or instrument of assignment as aforesaid respectively or any child to he bound or assigned thereby respectively or to the Secretary for tlic time being of the said Society and in about touching concerning or relating to any right duty cause matter or thing created hy or arising out or in consequence of any such instrument of appren ticeship or any such instrument of assignment as aforesaid or tin; relation of mistress and apprentice or master and apprentice thereby respectively created or connected therewith respectively in like manner to all intents and purposes whatsoever as if such Secretary for the time being of the said Society were or had continued sole and unmarried. |
8. And bo it ena<3ted That when any person who shall have Powers of Sccietaiy
been Secretary for the time being of the said Society shall cease to be sucdi Secretary all pow(;rs autliorities rights liabilities and duties which shall have belonged to or been vested in or shall have devolved upon or could be done or exercised by such person as such Secretary for the time being of tlic said Society whilst such person was such Secretary in relation to any such instrument of apprenticeship or to any such instrument of assignment as aforesaid or any child who sliall be bound or assigned thereby respectively or any prosecution action suit proceeding matter or thing in ahont touching concerning or relating to any such instrument of apprenticeship or instrument of assignment or any breach of any of tlie provisions thereof respectively or any mis behaviour of any child Avho shall be bound or assigned by any such instrument of apprenticeship or instrument of assignment as aforesaid respectively or the enticing or taking away or employing or harbouring or the being concerned or engaged in enticing or taking aAvay or employ ing or harbouring of any child who shall have been bound or assigned by any such instrument of apprenticeship or instrument of assignment respectively or any illegal act which may be done or committed by any person in relation to any such instrument of apprenticeship or instrument of assignment respectively or any child to be bound or assigned thereby respectAely or to the Secretary for the time being of the said Society or to any right duty cause matter or thing created by or arising out or in consequence of any such instrument of apprentice ship or any such instrument of assignment as aforesaid or the relation of mistress and apprentice or master and apprentice thereby respec tively created or connected therewith respectively shall tlK'r(ai])on
| ' | immediately |
| 2164 | N o. | 29. | 14 ̂ VIC. | 1850. |
Sydney Female School o f Industry.
immediately cease to belong to or be vested in or be incumbent upon the person so ceasing to be tbe Secretary for the time being of the said Society as aforesaid and shall as soon as some other person sliall become Secretary for tbe time being of the said Society immediately absolutely belong to vest in and devolve upon such other person wlio shall so become such Secretary for the time being of the said Socic'ty in such manner and so that all such powers authorities rights liabilities and duties as aforesaid shall ahvays solely and exclusividy belong to and lie solely and exclusively vested in and be incumbent on the Secretary for the time being of the said Society to the exclusion of every other person who may have previously been such Secretary for the time being of the said Society.
| Wlion 110 Secretary | 9. Provided always and be it enacted That in case there shall |
Matron to Iiavc
| power to act. | l)e an interval of time between the time when any person who shall be the Secretary for the time being of the said Societj^ shall cease to be such Secretary and the time when some other person shall become the Secretary for the time being of the said Society then all such powers authorities rights liabilities and duties as last aforesaid shall during all such interval of time and no longer absolutely belong to vest in and devolve upon the Matron for the time being of the said Society who shall notwithstanding she may bo or may l)ecome a married woman have full power to act in relation thereto in all respects as if she were or had continued sole and unmarried. |
| Matron to have | 10. And be it enacted That every person who shall be Matron tho time being of the said Society shall whilst she shall be and continue such Matron as aforesaid have all such and the same full power as the Secretary for the time being of the said Society to exer cise authority over and to govern restrain coerce and correct any child who shall be bound by any such instrument of apprenticeship as aforesaid to the Secretary for the time being of the said Society and that notwithstanding such Matron shall be or shall become a married woman in like manner as if she were or had continued sole and unmarried. |
| ovCT | |
| Notice to be given in |
| Government Gazette i-i | 11. And be it enacted That as soon as conveniently may be after |
| of names of Secretary | bU e passing of this Act notice shall be inserted in the Government |
| and Matron. | Gazette of the said Colony of the name of the Secretary for the time being of tbe said Society and of the name of the Matron for the time being of the said Society and as often as any other person shall become Secretary for the time being of the said Society or Matron for the time being of the said Society notice of the name of such other person so being such Secretary or such Matron as the case may be shall as soon as conveniently may be thereafter be inserted in the said Govern ment Gazette and it shall be the duty of the Secretary for tire time being of the said Society to cause such notices to be inserted in the said Government Gazette and such notices may be in the form or to the effect following (that is to say) “ Sydney Pemale School of Industry A. B .” (here insert the Christian and Surname o f the Secretary or Matron) [as the case may be] “ is now the ” (Secretary or Matron) [as the case m aybe] “ ofthe abovenamed Society Dated th is” (here insert tie date o f such Notice) “ A. B .” (here insert the name o f the Secretary fo r the time being of the said Society) “ Secretary of the said Society ” and the notice which shall last appear in such Government Gazette shall be good prima facie evidence that the person therein named is the Secretary or Matron (as the case may be) for the time being of the said Society. |
| Not necessary for | J 2. And 1)(' it cuactcd I'liat cveiw sucb instrument of appren- |
| instrument to be by .. | , . | , | -i | . | i | j | • | j | o | • i | i | n |
(icea or for special ticcsliip aiid Gverv SUCH iiisirumcnt OI assignment as aiorcsaid snail
| man. P , | attestation of m a r k s - ( v P e c t u a ] i f t l i c s a u ic s l i a l l b c ill Writing a n d |
Signed
| 1850. | 14*̂ VIC. | N o. | 29. | 21G5 |
Sydney Female School o f Industry.
signed by the parties by whom it is hereby provided that tlie same resp(!ctively shall be executed and it shall not be necessary that any such instrument of apprenticeship or any such instrument of assign ment shall be by indenture or other deed and if the same respectively shall purport to be by indenture or other deed it shall not bc necessary that the same shall be indented or sealed or delivered by any party thereto and every such instrument of apprenticeship and (wery such instrument of assignment shall be valid binding and elfcctual to all intents and purposes whatsoever as against every party thereto who shall sign the same notwithstanding such party shall bc illiterate or blind or from any other cause unable to read the same although such instrument of apprenticeship or of assignment may not bc read over or explained to him or her unless it shall bc proved that some fraud or imposition was practised to induce him or her to sign the same.
13. And bc it enacted That every sucli instrument of appren- Form of instrument
ticeship as aforesaid may be in the form or to the effect hereinafter provided (that is to say) in case the father or mother of the child to b(! bound thereby shall be a party to such instrument of apprtmticeship then such instrument of apprenticeship may bc in the form or to the effect following (that is to say) “ This Indenture made the ” {here insert the date) “ between A. E .” (here and wherever the letters A . 1>. occur herein insert the Christian and Surname o f the father or mother [ as the case may hê o f the child to he hound thereby') “ of” (here insert the ■place o f abode and occiipation or supposed place o f abode or occupation o f such father or mother) [cs the case may be) “ and C. D .” (here and
| wherever the letters C. D. occur | herein insert the Christian o a t | ||
| Surname o f the child to be tmind |
|
A. E. which said C. D. is now an infant above the ago of” (here insert the supposed age o f the said child at the last anniversary o f her birth) “ years and who is under the age o f” (Imre insert the snpposmt age loldch such child will be at the next anniversary o f her birth ) “ years of the first part and E. E.” (here insert the Christian, and Surname of the Secretary fo r the time being o f the said Society) “ tlu' “ Secretary for the time being of ‘ The Sydney Eemale School of “ Industry’ of the second part Witnesseth That in consideration of “ the said Secretary for tlie time being of the said Society taking and “ receiving the said C. D. as such apprentice as hereinafter mentioned” (here state or refer to any other consideration tohich may be gwen or may be, agreed to be giveri, by the Secretary fo r the time being o f the said Society) “ and of the covenants herein contained on the part of “ the said Secretary for tlic time being of the said Society The said “ K. E. and the said C. B. do and each of them doth put place and liind “ the said C. B. apprentice to the Secretary for the time being of the said “ Society to bc taught and instructed according to the rules and regula- “ lations for the time being of the said Society in the matters and “ things hereinafter specified (that is to say)” (househotd'loork plain needlework knitting spimdng reading writing and the first four rules o f arithmetic) [or such other ■matters and things as shall be specified in, or agreed upon by such instrument] “ and to serve the Secretary for “ the time being of the said Society as such apprentice from the “ day of the date hereof for the full term o f” (here insert the number o f years fo r ivJdch such, child shall be thereby bound) “ years thence next ensuing And the said A. E. for” (himself or herself) [«s the case 'may be] “ and for” (Ids or her) [c,s‘ the case ■may be] “ heirs executors and administrators doth covenant “ with the said Secretary for the time being of the said Society “ in manner following (that is to say) That the said C. B. at all times “ during the continuance of the aforesaid term for which the said C. B. “ is hereby bound as aforesaid and whilst this Indenture shall remain
or
| 2166 | N o. 29. | 14 ̂ VIC. | 1850. |
Sydney Female School o f Industry.
“ or be in force shall in all respects serve and behave and demean her- “ self towards the Secretary for the time being of the said Society as “ such apprentice as aforesaid and as an apprentiee ought and that in “ case the said C. D. shall not so serve demean and behave herself the “ said A. B. ” (̂ hls or herj [us the case may ic] “ heirs executors or “ administrators shall and will for every default which shall be made “ therein by tbe said C. D. upon demand pay to the Secretary for the “ time being of the said Society the sum o f ” (here insert such sum o f money as shall be agreed upon) “ of lawful British money ” (here insert any other covenants or agreements which may he agreed, to be entered into by the father or mother [us the case may 5c] o f the child to be bound thereby) “ And this Indenture also witnesseth That in conside- “ ration of the premises ” (here state or refer to any other consideration which may be given or may be agreed to be given by the fa ther or mother [as the case may be~\ o f the child to be bound thereby) “ the said Secretary “ for the time being of the said Society doth accept and take the said “ C. D. as such apprentice as aforesaid for the term aforesaid and doth “ covenant and agree with the said A. B. and ” (his or her) [as the ease mxt.y be~\ “ heirs executors and administrators and with the said C. D. “ tliat the Secretary for the time being of the said Society shall and “ will teach and instruct the said C. D. or cause the said C. I), to be “ taught and instructed during the said term and whilst this Indenture “ shall remain or be in force according to the rules and regulations for “ the time being of the said Society in the matters and things “ hereinbefore specified or agreed upon and also shall and will during “ the said term and whilst this Indenture shall remain or be in “ force lodge feed clothe and maintain the said C. D. or cause “ the said C. D. to be lodged fed clothed and maintained in the “ School-house of the said Society and according to the rules and “ regulations for the time being of the said Society” (here insert any other covenants or agreements which may be agreed to be entered into by the Secretary fo r the time being o f the said Society and any other provisions or conditions which may be agreed upon between the parties to the said instrument o f apprenticeship) “ In witness whereof the “ said parties to these presents have hereunto set their hands and “ seals the day and year first above written” and in case neither the father nor mother of the child shall be a party to the said instrument of apprenticeship then such instrument of apprenticeship may be in the form or to the effect following (that is to say) “ This Indenture “ made th e” (here insert the date) “ between C. D .” (here and wherever the letters C. D . occur herein insert the Christian and Surname o f the child to be bound thereby) “ who is now an infant above the age o f” (here insert the supposed age o f the said child at the last anniversary o f her birth) “ years and who is under the age of” (here insert the supposed age which such child will be at the next anniversary o f her birth) “ years of the first part and E. E.” (here insert the Christian and Surname o f the Secretary fo r the time being of the said Society) “ the Secretary for the time being of the ‘ Sydney Eemale School of “ Industry’ of the second part Witnesseth That in consideration of “ the said Secretary for the time being of the said Society taking and “ receiving the said C. D. as such apprentice as hereinafter mentioned” (here state or refer to any other consideration which may be given or may be agreed to be given by the Secretary fo r the time being o f the said Society) “ and of the covenants herein contained on the part of “ the said Secretary for the time being of the said Society The said “ C. D. doth put place and bind herself apprentice to the Secretary “ for the time being of the said Society to be taught and instructed “ according to the rules and regulations for the time being of the said “ Society in the matters and things hereinafter specified (that is
| 1850. | 14 ̂ VIC. | N o. | 29. | 2167 |
Sydney Female School o f Industry.
“ to say)” household ujorlc ydain needlework knitting spinning reading writing and the first four rides o f arithmetic) [or such other matters and things as shall be specified, in or agreed, upon hy such instrument] “ and to serve tlie Secretary for the time being of tbe “ said Society as such apprentice from the day of the date hereof for “ the full term of ” (here insert the number ( f years fo r which such child shall he thereby hound) “ years thence next ensuing And “ this Indenture also witnessetli That in consideration of tlie premises” (here state or refer to any other consideration n'hich may he given hy or on behalf o f the child to he hound thereby) “ the said Secretary for “ the time being of the said Society doth accept and take the said “ C. D. as such apprentice as aforesaid for the tcaan aforesaid and “ dotli covenant and agree with the said C. 1). that the Secretary foi' “ the time being of the said Society shall and Avill tcacli and instruct “ the said C. D. or cause the said C. 1). to be taught and instructed “ during the said term and Avhilst this Indenture shall remain or be in “ force according to the rules and regulations for the time lieing of “ tlie said Society in the mattc'rs and things bercinlicfore specified or “ agreed upon and also shall and will during the said term and Avhilst “ this Indenture shall remain or be in force lodge feed clothe and “ maintain the said C. D. or cause the said C. D. to be lodgc'd fed “ clothed and maintained in the Scliool-housc of the said Society and “ according to the rules and regulations of the said Society for the “ time being” (here insert any other covenants or agreements agreed, to he entered into hy the Secretary fo r the time being o f the said Society and, any other provisions or conditions which may he agreed upon between the parties to the said instrument o f apprenticeship)) “ In “ Avitness Avhereof tbe said partitas to these presents liaA'e hereunto set “ their hands and sc'als the day and year first above Avritten” and every such instrument of apprenticeship as aforesaid Avhich shall be in the form or to the effect hereinbefore proA'ided shall be binding and eflhctual to all intents and ]nir]ioscs AvhatsoeA'cr Provided alu ays Anyotiier i.gai innu
that nothing herein contained shall render it obligatory to use or Ibllow tbe form hereby pi'ovided for any such instrument of apprentici'- ship as aforesaid but that every such instrument of apprenticeship although the same shall not be in the said form or to the effect of the said form shall be as binding and effectual to all intents and purposes AvhatsoeA'er as if no such form had been herc'by provided.
II. And be it enacted d'hat every such instrument of assign- Form i riiistinment
ment as aforesaid may be* made' by indorsement on the instrument of
apprenticeship by Avhieli the child to be assigned shall have Iceen
bound as aforesaid or on a copy of such instrument of ap]n-enticeshi]A
and may be in the form or t o tbe effeeff hereinafter provided (that is to
say) “ This Indenture made tlu '” (here insert the date) “ betAveen
E. E.” (here insert the Christian and Surname of the Secretary fo r
the time being of the said Society) “ the Secretary for the time laving of
“ th(v AA'ithin-mentioned Sydney Pemale School of Industry of the first
“ part Cl. I f .” ( here and irhererer the tetters G. IT. occur herein insert
the Christian and Surname or Christian and Surnames [cc.9 the case
| may he\ o f the person or persons to whom the child to he thereby | ' |
| assigned is to he assigned) “ of ” (here insert the place <f abode amt occupation or places o f abode and oceupation or supjiosed place or places o f abode and occupation j c.9 the case may he] o f the peison or persons to ivhom the child to he (hereby assigned is to he assigned) “ of the' second part and the Avithin named C. I).” (here and, wherever the tetters C. J). occur herein insert the Christian and Surname of the child, to he assigned, thereby) “ of tlu' third part Witnessetli that in eori- “ sideration of the said (I. II. taking and receiving; the said ( ’. 1). as such “ apprentice as hereinaftca* mentiom'd'' (here slate any other considera- |
| t> 'I'—Axm. .‘b | tiou |
| 2168 | N o. 29. | 14” VIC. | 1850. |
Sydney Female School o f Industry.
lion wliidt may be given or may he agreed to he given to the "person or persons to ivhom such child is to be assigned) “ and of the covenants “ herein contained on the part of the said G. H. The said Secretary for “ tlie time being of the said Society doth assign and put place and hind “ the said C. I), apprentice to the said G. H. to he taught and instructed “ in ” (here state the art trade calling business or occupation or matters or things tchich the said child shall be thereby assigned to be taught and, instructed in) “ and to serve the said G. H. as such apprentice fromthi; “ day of the date hereof” (for all the residue now to come o f the within mentioned term o f years or fo r such shorter period as may be agreed, upon and expressed in such instrument o f assignment) [«s the case may bê “ if the said G. H. shall so long live And this Indenture also wit- “ ncisseth that in consideration of the premises” (here state any con sideration which may be given or which may be agreed to be given to the person or persons to ivhom such child is to be assigned) “ the said “ G. II. doth accept and take the said C. D. as such apprentice as “ aforesaid during the term for which the said C. D. is hereby assigned “ as aforesaid and the said G. H. for” (him self or herself or them selves) [as the case may 6c] “ and for” (his or her or their and, each of their) [c(s the case may be) “ heirs executors and administrators” (doth or do and each o f them, doth) [as the case may be) “ covenant with the “ said Secretary for the time being of the said Society and with the “ said C. D. in manner following that is to say that the said G. II. “ shall and will during the said term for which the said C. D. is hereby “ assigned as aforesaid teach and instruct the said C. G. or cause the “ said C. D. to he taught and instructed in the” (art trade calling business or occupation or matters or things) [as the case may 6a] “ here- “ inhefore specified or agreed upon and also shall and will during the “ said term for which the said C. D. is hereby assigned as aforesaid “ and whilst this Indenture shall remain or be in force well and “ sufficiently lodge feed” (and i f agreed upon clothe) “ and main- “ tain the said C. D. or cause the said C. D. to be well and “ sufficiently lodged fed” (and i f agreed upon clothed) “ and main- “ tained and shall and will during the said term for which the “ said C. D. is hereby assigned as aforesaid and whilst this Inden- “ ture shall remain or he in force find and provide the said 0 . G. “ with all such medicines and medical and surgical advice and “ assistance as she may require and shall and will during all the said “ term for which the said C. G. is hereby assigned as aforesaid and “ whilst this Indenture shall remain or be in force pay particular “ attention or cause particular attention to he paid to the moral and “ religious culture and education and the advancement in piety of the “ said C. G. and shall and Avill at all times during the said term for “ which the said C. G. is hereby assigned as aforesaid and whilst this “ Indenture shall remain or he in force allow the said C. G. to attend “ Givine Service in the Church of England once every Sunday at the “ least and shall and will at all reasonable times allow the said C. G. “ to attend to and upon such religious ordinances and observances as “ are enjoined by the said Church of England ” (here insert any other covenants or agreements as to payment o f wages to the ehild assigned thereby or as to any other matter which may be agreed to be entered into by the person or persons to whom such child is thereby assigned and any other provisions or conditions ivhich may be agreed upon between the piarties to such assignment) “ In witness whereof the said “ parties to those presents liave hereunto set their hands and seals the “ day and year first above w ritten” and every such ■ instrument of assignment as aforesaid which shall be made hy indorsement as afore said and shall l)e in the form or to the effect hereinbefore provided shall be binding and effectual to all intents and purposes whatsoever
Provided
| 1850. | 14" VIC. | N o. 29. | 2109 |
Sydney Female School o f Industry.
Provided always tliat nothinp ̂herein contained shall render it obligatory Any other legal form
to observe the mode or to use or Ibllow the form hereby provided
for any such instrument of assignment as aforesaid hut that every
such instrument of assignment although the same shall not he hy
indorsement as aforesaid or in the said form or to tlie effect of the
said form shall he as binding and eflectual to all intents and purposes
Avhatsoevcr as if no such form had been hereby provided.
15. And 1)0 it enacted That all recitals and statements in any necitaix in snoh
| such instrument of apTirenticcship as aforesaid or in any such instru- | to he |
| j. X | X | t/ | oviilciicc |
| ment of assignment as aforesaid shall as between all persons who sliall | ’ |
| execute the same respectively and iheir respective privies in law and fact he conclusive evidence and as to all other persons shall he good prim a facie evidence of the facts therein recited or stated in all prose cutions actions suits and proceedings wliatsocvcr whether civil or criminal or of a civil or criminal nature or partly of a civil and partly of a criminal nature and every Secretary for the time being of the said Society shall within the meaning of this clause he deemed to he a privy in laiv of every person who shall have previously been Secretary for the time being of the said Society and wdio shall have executed any such instrument of apprenticeship or any such instrument of assign ment as aforesaid. |
16. And he it enacted That in all cases where any such instru- u ncitiim- fotiici- nor
ment of apprenticeship as aforesaid shall be executed l)y the Secretary
for the time being of the said Society and the child to be hound m ent of .ipp ren tio '-
therchy and neither the fatlior nor the mother of such child shall in c v X m c o ''"
such instrument he expressed to be a party thereto the fact of no father tiiat suoii .npprcntico
or mother of such child being therein expressed to l)o a party tlicreto ]liother w".oso°'xc-
shall be good prima facie evidence in all prosecutions actions suits and «iition tiicrcof was
proceedings 'wliatsoever 'wnetlier civil or criminal or ol a civil or Act.
criminal nature or partly of a civil and partly of a, cruninal nature
that such child at the time of the execution of such instrument of
apprenticeship had neither a father nor a mother whoso execution
thereof was necessary Avithin the provisions of this Act to give cllect
to such instrument of apprcnticeshi]).
17. And be it enacted That if any complaint shall be made to a .lusticc of the
any Justice of the Peace by the Secretary for the time being of the
said Society against any child Avho shall bo bound l)y any such instru- Society m-of the
ment of ap])renticcshi]) as aforesaid against the child Avho shall bo
bound as an apprentice thereby ibr or in respect of any alleged miscon- tiic apprentice to
duct or brciich of duty of or by any such child as such apprentice or llî tnnnent of
in relation to the duties of any siu*h child as sucii apprentice or in apprenticesliip.
relation to any co\nnant agreement matter or thing in any such instru
ment of apprenticeship contained or otherwise in relation to the Secre
tary for the time being of the said Society or by any child Avho shall be
bound apprentice by any such instrument of apprenticeship as aforesaid
or any person on l)chalf of any such child against the Secretary for the
time being of the said Society for or in respect of any alleged miscon
duct or l)rcach of duty of or l)y such Secretary for the time being of
the said Society whether as the mistress of such child or in relation to
the duties of such Secretary for the time being of the said Society as
such mistress or in relation to any coA'enant agreement matter or thing
in any such instrument of apprenticeship contained or otherwise m
relation to such cl did it shall be huvlul for the Justice to Avhom such
complaint shall be made or any other Justice of the Peace before Avhom
such complaint shall come on to l)e heard to hear and determine such
complaint in a summary way and if upon the hearing; of such com-
plaini it shall appear to the Justice hearing the same that the instru-
inejit of a])prenticcship by Avhicb such child shall have been bound as
aforesaid ought to be cancelled it shall and may be laAvful foi‘ such
Justice
| 2170 | N o. | 29. | 14 ̂ VIC. | 1850. |
Si/ihicii Female School o f Induslry.
Justice to make an order that the same shall he cancelled and upon any such order Ijcing made such instrument of apprenticeship shall cease to be in force and become and he thenceforth null and void.
| No order for such | 18. Provided ahvays and he it enacted That no such order as prejudicing any liability to prosecution or any right of action or other remedy or proceeding whether civil or criminal or of a civil or criminal nature or partly of a civil and partly of a criminal nature for or in respect of any offence misbehaviour act duty cause matter or thing Avhich shall have been committed done or omitted in respect of any such instrument of apprenticeship as aforesaid or any covenant agree ment matter or thing therein contained or any child who shall have been hound thereby or the Secretary for the time being of the said Society previously to the time when such order shall he made. |
| pr̂ L̂ xlsti™ | aforesaid shall have the effect of taking aAvay destroying defeating or |
”
| A Justice, of tii« | 19. And be it enacted That if anv conndaint shall be made to |
omrc™rson̂ t(i"" J ustlcc of tlic Peaco by any person or persons to whom any such whom any apprentice child sliall hc assigned hy any such instrument of assignment asafore- havepor̂ rtoĉ ^̂ ̂ agaiiist ally child who shall be assigned as an apprentice thereby instrument of assign-for or in respect of anv alles-ed misconduct or breach of diitv of or
| ■ | hy any such child as such apprentice or in relation to the duties of any such child as such apprentice or in relation to any covenant agreement matter or thing in any such instrument of assignment contained or otherwise in relation to the person or persons to whom such child shall he thereby assigned it shall hc lan ful for the Justice to whom such complaint shall he made or any other Justice of the Peace before whom such complaint shall come on to bc heard to hear and determine such complaint in a summary iray and if upon the hearing of such complaint it shall appear to the Justice hearing the same that the instrument of assignment hy which such child shall have been so assigned as aforesaid ought to he cancelled it shall he lawful for sudi Justice to make an order that tlie same shall he cancelled and upon any such order being made such assignment shall cease to he in force and become and hc thenceforth null and void. |
| A Justice of the | 20. And hc it enacted That if any complaint shall be made to |
| Pence on complaint |
| of the Secretary of | any Justice of the Peace hy the Secretary for the time being of the |
| the Society or the | said Society or by any child who shall he assigned hy any such |
| apprentice or any | |
| person on behalf of | instrument of assignment as aforesaid or any person on behalf of any |
| the apprentice | such child against any person or persons to whom any such child |
whoTn the app̂ ̂ shall bc thereby assigned for or in respect of any alleged ill-treatment may be assigned to misconduct 01' brcacli of duty of or hy any such person or persons to theL̂ trame*nt'̂ of whom any sucli child shall he thereby assigned as aforesaid as the
| assignment and to master 01’ mastci’s Ol’ tlic misti’css or mistresses of such child or in | fine the party com | |
|
ought
| 1850. | 14" VIC. | Ko. 29. | 2171 |
Sijdney Female School o f L idm try.
ought to bc cancelled it shall and may he lawful for such .lusticc to make an order that the same shall be cancelled and upon any such order being made such instriiimmt of assignment sliall cease to bc in force and become and lie thenceforth null and l oid.
21. Provided always and be it enacted That no order which Vo order fur such
|
| shall 1)0 made by any Justice of the Peace hy virtue of the provisions | ^ | ighU. |
| lastly hereinbefore contained for the cancellation of any sucli instru ment of assignment shall Iiai'c the elfect of taking away destroying defeating or prejudicing any liability to prosecution or any right of action or other remedy or proceeding whether civil or criminal or of a civil or criminal nature or ])artly of a civil and paidly of a criminal nature in respect of any olfence act duty matter or thing which shall have been committed done or omitted in res])cct of any such instruuient of assign ment as aforesaid or any covenant agreement matter or thing therein contained or any diild who shall have been assigned thereby or the ]>erson or persons to whom such child shall have been assigned thereby previously to the time when such order shall bc made. |
22. And be it enacted That in all proceedings before any Justice lu aii proceeding.'̂
or Justices of the Peace which shall or may be taken instituted prose
cuted or carried on under or by virtue of the provisions hereinbefore matteis iicn inbefore
contained every person whomsoever shall be a competent ivitncss
notwitlistanding he or she may be a party to or in any way intcresti'd iu witnesses.
or respecting or tlic wife or husband of any person who shall bc a
party to or in any way interested in any such proceeding whether as a
com])lainant prosecutor informer or a defendant or party complained
or proceeded against or in respect of costs or otherwise howsoever.
23. And bc it enacted That upon any such instrument of Upon cmici being
assignment as aforesaid heing ordered to bo c-ancelled by any such stinmeiit o"
order as liereinbefore in that behalf provided or upon any such ment instrument of
| instrument of assignment expiring either by effluxion of time or b | y | " |
| the death of the person oi’ persons to whom any such child as afore said shall have Iteen thereby assigned the .child who shall have been thereby assigned shall thereupon immediately again become the apjirentice of the Secretary for the time being of the said Society under the instrument of apprenticeship liy tvliicli such child shall have been originally bound to the Secretary for the time being of the said Society and such instrument of apprenticeship shall thereupon immediately become and shall thenceforth remain in force for all purposes and to all intents whatsoever for the residue then to come of the term for which such child shall have been thereby bound in like manner but not further or otherwise than as if no such assignment as aforesaid of such child had been made. |
2J. And be it enacted That no person shall entice or take I’cmuty for ciitiriag
away or employ or harbour or be aiding or concerned or engaged in enticing or taking away or employing or harbouring any child who shall be bound by any such instrument of apprenticeship or wlio shall be assigned by any such iustrument of assignment as aforesaid while such instrument of apprenticeship or instrument of assignment respectively shall remain or bo in force and if any person shall entice or take away or employ or harbour or be aiding or concerned or engaged in enticing or taking aivay or employing or harbouring any child who shall be bound by any such instrument of apprenticeship or who shall bc assigned by any such instrument of assignment as aforesaid whilc such instrument of apprenticeship or instrument of assignment respectively shall remain or bc in force every person so olFending shall forfeit and pay a fine of not more than ten pounds and every such fine shall and may bc sued for and recovered by any person who shall sue for the same and shall and may bc sued for and recovered by informa
tion
| 2172 | N o. | 29. | 14*̂ YIC. | 1850. |
Sydney Female School o f Industry.
tion before any Justice of the Peace which Justice shall hear and
determine the matters of such information in a summary way.
| Mode of proceeding | 25. And he it cnactcd That all prosecutions actions suits and wliicli shall Or may hc committed done or omitted in respect of any such instrument of apprenticeship as aforesaid or any such instrument of assignment as aforesaid or any covenant agreement matter or thing therein respectively contained or any child who shall ho hound or assigned thereby respectively or the Secretary for the time heing of the said Society or the person or persons to whom any such child shall he so assigned as aforesaid shall and may hc instituted commenced taken carried on prosecuted and carried into effect in any competent Court and in any legal manner instead of in the mode of proceeding hereby provided in like manner as if no mode of proceeding had been hereby provided it heing the intent and meaning of this Act that the mode of proceeding hereby provided in respect of the matters aforesaid shall be cumulative with any other mode of proceeding which may exist in law respecting the same and that all proceedings to be had and taken in a summary way before any Justice or Justices of the P(!acc under this Act shall be commenced within three calendar months next |
| b̂ deJmcTto iw' | proceedings for or in respect of any offence act duty matter or thing |
| cumulative. |
infoimcracompetent after the offcncc lias been committed and in all cases the informer or
witncs.s. complaining party shall be taken and is hereby declared to be a com
petent witness.
| Application oi' fines. | 26. And be it enacted That all tines and forfeitures which shall be recovered under or by virtue of the provisions of this Act shall be paid to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in support of the Government thereof and shall bc applied in such manner as may bc from time to time directed by any xlct or Acts of the said Governor and Legislative Council. |
| Not to bo necessary | 27. And be it enacted That in all prosecutions actions suits |
| to prove instruments | i |
| by tlic attesting | aUCl proceedings Avhether civil or criminal or of a civil or criminal |
| witnesses. | nature or partly of a civil and partly of a criminal nature which shall bc instituted commenced taken or carried on by or against the Secretary for the time being of the said Society or by or against any other person or persons for or in respect of any offence misbehaviour act duty cause matter or thing which shall or may be or shall or may have been committed done or omitted in respect of any such instrument of apprenticeship or any such instrument of assignment as aforesaid or any covenant agreement matter or thing therein respecti\"ely con tained or any child who shall be or Avho shall have been bound or assigned thereby respectively or the Secretary for the time being of the said Society or any person or persons to whom any such child shall be or shall have been assigned by any such instrument of assignment as aforesaid it shall not be necessary for the purpose of proving the execution by any person of any such instrument of apprenticeship or any such instrument of assignment as aforesaid to prove such execution thereof respectively by the testimony of any subscribing or attesting witness or Avitnesses thereto or to account for the absence or to prove the liandAvriting of any such subscribing or attesting AAutness or AAutnesses but that the execution by any person of any such instru ment of apprenticeship or any such instrument of assignment as aforesaid may notwithstanding such execution thereof respectively or may appear or purport to be attested by one or more subscribing or attesting witness or Avitnesses bc proved in like manner as if tluu’e were no subscribing or attesting witness thereto. |
| Proceedings not to | 28. And be it enacted That no prosecution action suit or pro- partly of a civil and partly of a criminal nature which shall be instituted commenced taken or carried on liy or against the Secretary for the time |
| aUatebythedeathor | or of a civil Ol’ Criminal nature or |
| removal of Secretary. |
lieing
| 1850. | 14*̂ VIG. | N o. | 30. | 2173 |
Cattle Slaughtering.
being of tlic said Society or by or against any other person or persons for or in respect of any olfence misbebavionr act dnty cause matter or thing which shall or may bc or shall or may have been (icjinmitted done or omitted in respect of any such instrument of apprenticeship or any such instrument of assignment as afoi'esaid or any covenant agreement matter or thing therein res])cctively contained or any cliild who shall be or shall have been bound or assigned thereby respectively or the Sccridary for the time being of the said Society or any person or persons to whom any such child shall b(! or shall have been assignetl by any such instrument of assignment as aforesaid shall abate; become void or be prejudiced by rc'ason of the death of any Secretary for tiie time being of the said Soedety or by reason of any peu-soii who shall have been the Secretary for the time being of the said Society (;casiiig to be such Secretary but in all cases Avhen and as often as the person who shall bc the Seendary for tbe tinu; Ixung of the said Society shall bv death or otherwise cease to bc such Secrctarv and the death of smdi person or such person ceasing to be sucdi Secretary Avould but for th(> ])rovisioir hereby made cause any such prosecution action suit or proceediiig to abate become A’oid or 1)C pr(;judiced a suggestioii oi' memorandum shall in due course be made tiled or entered of the tael of such person having so by d(;ath or otherwise ceased to be such Secretary and of the name of the person who shall afterwards be or b(!comc the Secretary for tlie time being of the said Society and there upon every such prosecution action suit and proceeding sliall proeei'd and he continued and carried on in like manner as if the person Avho shall so afterwards be or become such Secretary for the time being oi‘ the said Society had continually been such Secretary from the time when such prosecution action suit or jirocceding Avas or shall IniA'c been instituted commenced or initiated.
| 29. | And bc it enacted That this Act shall be deemed and takim Act to Ik> | deemed a |
to be a Public Act and shall he judicially taken notice of as sucb in
and by all Courts Judges Justices and others Avithin the said Colony
and its Dependencies Avithout being specially pleaded.
0
0
0