The Homestead Act.-1895.

THIRD SCHEDULE.

Caveat Forbidding Registration of Homestead under "The Homestead Act, 1895." To the Registrar-General.

Take notice that 1, [insert name, occupation, and address], shall be prejudicially affected by the land included in the application of

of 18

and dated the

day of

, being brought under the provisions of "The Homestead Act, 1895," that I am a creditor of the said

and the particulars of my claim are as follows: [here set forth nature and amount of debt, and, if secured, particulars of security held]. And I forbid the registration of the said land as a homestead in pursuance of The Homestead Act." I appoint

to this caveat may be served.

་་

as the place at which notices and proceedings relating

Take notice that I (or we) [put in name or names, or, if the caveators be a partnership, firm, not incorporated, the usual name or style of such firm, and the occupation, place of business, or residence of caveator or caveators] hereby withdraw the caveat lodged by me (or us) on the 18 , against the application, dated the of

Homestead Act, 1895."

18

day of day of

for registration of a homestead under "The

18

[Signature of caveator.]

FIFTH SCHEDULE.

Fees Payable for the Performance of the several Acts, Matters, and Things herein

To these charges will be added the postage upon notices to the creditors of the applicant (if any).

Adelaide By authority, C. E. BRISTOW, Government Printer, North-terrace.

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-
GESIMO NONO

VICTORIÆ REGINÆ.

A.D. 1895.

No. 641.

An Act to amend the Law relating to State Children, and for other purposes.

[Assented to, December 20th, 1895.]

E it Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

PART I.
PRELIMINARY.

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

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

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

PART III.-Institutions: their Establishment, Inspection, and
Abolition:

PART IV.-State Children:

(a) Their Commitment, Detention, and Release:
(b) Apprenticing and Placing Out:

PART. V.-Maintenance of Children by their Relatives:
PART VI.-The Licensing and Supervision of Lying-in Homes
and Foster-mothers:

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

3. The

PART I.

Short title.

Parts.

Repeal.

PART 1.

Interpretation.

The State Children Act.-1895.

3. The Acts specified in Schedule A to this Act are hereby repealed to the extent specified in the third column of that Schedule: Provided that

(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-
ment 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 the appoint-
ment of the Council under this Act, be deemed to refer to
such last-mentioned Council:

(4) Except as aforesaid, this repeal shall not affect any right, interest, or liability already created, incurred, or existing; nor anything lawfully done or suffered under any enactment 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 following expressions 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 the 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:
"Convicted child" means any child found guilty or convicted of
any crime or offence punishable by imprisonment:
"Council" means the State Children's Council constituted under
this Act:

"Destitute child" means any child who has no sufficient means
of subsistence apparent 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
Board:

"Foster-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:

"Foster-parent"

The State Children Act.-1895.

"Foster-parent" means any person to or with whom a State child is apprenticed or placed out under this Act, or under any enactment by this Act repealed, and includes the assignee of such person:

"Inmate" means a State child maintained in an institution :

"Institution" means and includes the Receiving Depôt, the Reformatory School for Boys, the Reformatory School for Girls; every depôt, industrial school, probationary school, or reformatory school established under this Act; and every private reformatory school or private institution proclaimed under this Act; and all other institutions, schools, and places for the time being under the care, control, or supervision of the Council:

"Judge" means a Judge of the Supreme Court:

"Justice" means a Justice of the Peace, and "Justices" means a Special Magistrate, or any two or more Justices of the

Peace:

"Lying-in home" means a place for the accommodation of females during 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 education:

"Maintenance order means an order made by Justices for payment of money by any near relative in respect of the maintenance of a child:

"Member" means member of the Council, and includes President: "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—

1. Habitually begs or receives alms, whether under the pretext of sale or otherwise, or frequents any public place for the purpose of so 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

III. Resides in any reputed brothel, or associates or dwells with any person known to the police or reputed to be a prostitute, whether such person is the mother of such child or not; or

IV. Associates

PART 1.

The State Children Act.-1895.

IV. Associates or dwells with any person who has been convicted 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'clock 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

VI. Is brought by his or her parent before Justices as an uncontrollable or incorrigible child to the intent that such child may be sent to an institution, or otherwise 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

VII. Is under the guardianship of any person whom Justices shall consider unfit to have such guardianship; or

VIII. Is illegitimate, and 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, maintenance, training, education, and employ-
ment of destitute or neglected children, established and main-
tained by private persons:

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

"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:

"Putative father" means a person adjudged to be the putative father of an illegitimate child:

Regulations"