The State Children Act.-1895. PART IV. tures and licences may 65. If the foster-parent of any State child shall become insolvent, or become unable to maintain and employ such child, or shall be On insolvency, &c., of about to remove from the province, the Council or governing foster-parent indenauthority, as the case may be, may, on application by or on behalf be cancelled by Counof the foster-parent or child, make an order releasing and dis- cil. charging the foster-parent and the child, respectively, from the indenture of apprenticeship or agreement, and from every covenant and agreement therein contained or thereby implied; and, by the same or any other order, may direct the child to return to an institution to be therein named. parent. 66. No foster-parent shall change his or her place of residence Change of residence without in every case giving to the Council, or the governing to be notified by fosterauthority, such notice as may be prescribed. Every foster-parent offending against this section shall be liable to a penalty of not exceeding Ten Pounds for every such offence. 67. If a State child apprenticed or placed out absconds, becomes ill, meets with an accident, or dies, the foster-parent of such child 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 exceeding Ten Pounds for every such offence. Notice to be given if becomes ill, or dies. child absconds, State child without 68. Every foster-parent who shall assign or transfer any indenture Penalty for transof apprenticeship or licence, or transfer, or make over to any other ferring or dismissing 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 such things, without the consent in writing of the Council 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 liable 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 any State child placed out with or apprenticed to him or her, or who shall not well and truly observe and perform and keep all the terms, covenants, 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, in respect of such child, and every person who shall assault, ill-treat, or injure any State child may, upon complaint made by the Council, or any officer 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 imprisonment 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. 70. Upon complaint made by the foster-parent of any State child that such child has been guilty of any misdemeanor, wrong Penalty for ill apprenticed, &c. treating State child Complaint against a with in summary way. State child to be dealt PART IV. Notice to be given to or agreement. The State Children Act.-1895. 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 direct 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 institution: (d) Order the child to be punished in any manner prescribed. 71. When Justices order the discharge of any State child apfrom apprenticeship prenticed or placed out, or cancel the indentures of apprenticeship or agreement relating to any State child, under the provisions of this Act, they shall forthwith give notice of such order or cancellation to the Council, and order the return of the child to an institution. Council may order return of State children apprenticed or placed out. Penalty on foster parent disobeying order for return of child. Constable or officer of Council may appre out a warrant. 72. The Council may, at any time by order, require any State child apprenticed or placed out, whether by the Council or by any governing authority, forthwith to return to the institution of which such child was an inmate previous to being apprenticed or placed out, or to surrender himself at any other institution to be named in the order; and the Council may, by the same or a separate order, and without incurring any liability for breach of contract or otherwise, cancel or revoke the indenture of apprenticeship or agreement relating to any State child, whether apprenticed or placed out by the Council, or by any governing authority, and require the fosterparent forthwith to deliver such child at an institution or to some person to be named in the order. 73. Any foster-parent who shall neglect or fail to obey any such order shall be liable, on conviction, to forfeit and pay a penalty not exceeding Ten Pounds. 74. Any constable or officer of the Council may, without any hend such child with- warrant, apprehend such child and bring him to the institution named in the order, and for such purpose may enter upon or into any lands or houses belonging to or occupied by the foster-parent whereon or wherein the child may be or be supposed to be. Apprenticed and placed-out children to be visited at least once in four months. 75. The Council shall, except as hereinafter provided, cause all State children apprenticed or placed out by the Council to be visited once at least in every four months by some person to be appointed by the Council, in order to ascertain whether the stipulations of the indentures of apprenticeship or agreements 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 The State Children Act.-1895. child apprenticed or placed out to or with him 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. Every fosterparent failing to produce or to show sufficient cause for the nonproduction 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. PART IV. visitation in special cases. 76. The Council may in special cases exempt wholly or partially Exemptions from any State child from being visited as provided by section 75, but a return of all such exemptions, with the reasons therefor, shall be forwarded every three months to the Chief Secretary. general supervision 77. The Council shall also have general supervision over all State Council to have children detained in any private institution or placed out for adop- of all State children. tion or otherwise, or apprenticed by the governing authority of any private institution, and may cause such children to be visited at such reasonable times as the Council 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 State children; and all persons having the care or control of any child so to be visited shall, at the request of the visitor, produce 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. tenance of State chil 78. The Council may pay to the foster-parent of any State child Payments for mainfor the care and maintenance of such child, until he or she shall dren to fosterattain the age of thirteen years, such sum not exceeding Ten parents. Shillings a week as may be prescribed. in private reforma 79. The Council may pay to the governing authority or person in Council may pay for charge of any private reformatory school or institution, for the maintenance of child maintenance therein of any State child, a sum not exceeding Ten tory. Shillings a week. PART V. PART V. MAINTENANCE OF CHILDREN BY THEIR RELATIVES. Order of liability of near relatives for 80. The near relatives of any child, whether a State child or not, shall be liable to defray or contribute towards the cost of mainte- maintenance of any nance 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: (b) In Form 13 PART V. On complaint made mons. Complaints in respect The State Children Act.-1895. (b) In the case of an illegitimate child-Putative father, mother's husband, mother. 81. Upon complaint made in the prescribed form that any persons 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. 82. All complaints under the preceding section in respect of any be made by Council. State child shall be made by or on behalf of the Council. Justices may order tenance. Order to take effect Allegations in com- evidence. 83. At the time and place appointed for the hearing of such 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 of 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 1. Of such sum for past maintenance of the child as may seem sufficient; and such sum may be made payable by instalments; and II. Of such sum for future maintenance, and for such period as may seem sufficient, but not being, as against any one person, more than Ten 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. 84. Every maintenance order shall be served upon the persons 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. 85. Upon the hearing of any such complaint made by or on beof Council prima facie half of the Council in respect of the maintenance of a legiti mate child, and upon the hearing of any such complaint pursuant to section 129, the allegations in the complaint that the person complained 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 maintenance of the child, shall be received as prima facie proof of such allegations respectively; and the onus of proving that such person is The State Children Act.-1895. is not a near relative, as stated in the complaint, or is not of sufficient 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 expended shall lie upon such person. 86. Upon the hearing of a complaint against any person in respect of the maintenance of an illegitimate child, if it be alleged in the complaint that such person is the father of the child, the Justices may adjudge him to be the putative father thereof; but 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 under sections 81 and 82 of this Act notice may be given, under the seal of the Council, to any banker or other person having, or supposed to have, the care, custody, or control 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 complaint as to all matters relating to or concerning such money or property. 88. The Justices hearing any such complaint may, if they make a maintenance order, by the same or a separate order, direct that the money or property attached, or such portion thereof as they shall order, shall be paid 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 discharged from all liability to the owner thereof, 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 property 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. PART V. Justices may adjudge person to be putative child. father of illegitimate Council may, by of persons against whom order is sought. notice, attach property Justices may make 89. Any person who has received any such notice may, before Attachment may be the hearing of the complaint, or the 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 |