Proof.

Terms of order.

Complaints.

Proceedings.

The Affiliation Law Amendment Act.-1898.

6. No order shall be made before the birth of the child unless, in addition to the evidence necessary to establish paternity, it shall be proved by the evidence of some duly qualified medical practitioner that the alleged mother is quick with child,

7. Every order made before the birth of a child shall specify a date, not later than five months thereafter, when the order shall lapse if the child shall not have been born, and in the meantime all moneys, except costs, received under the order shall be retained in the control of the Court, to be returned to the alleged father failing the birth of the child, but on such birth to be applied pursuant to the order.

8. All complaints under this Act shall be made by or on behalf of the mother or child or by some officer of "The State Children's Council" or of "The Destitute Board."

9. Proceedings shall be had, heard, and determined, and appealed against under this Act as in the case of ordinary proceedings for maintenance; and all powers of Justices as to regulating and securing payment and ensuring the due application of maintenance shall extend to regulating and securing payment and ensuring the due application of confinement expenses, and also of maintenance before the birth of the child; and all sums paid under maintenance order prior to the birth of the child shall be a security for and applicable for the payment of all maintenance moneys falling due after such birth.

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
S. J. WAY, Lieutenant-Governor.

Adelaide By authority, C. E. BRISTOW, Government Printer, North Terrace.

[Assented to, December 23rd, 1898.]

E it Enacted by the Governor, with the advice and consent of the Parliament of South Australia, as follows:

1. This Act may be cited as "The Legitimation Act, 1898."

2. Any child born before the marriage of his or her parents, and (whether before or after the passing of this Act) whose parents have intermarried or shall hereafter intermarry, shall be deemed on the registration of such child as hereinafter provided to have been legitimated by such marriage from birth, and shall be entitled to all the rights of a child born in wedlock, including the right to such real and personal property as might have been claimed by such child if born in wedlock, and also to any real and personal property on the succession of any other property which might have been claimed through the parent by a child born in wedlock.

Short title.

Legitimation of children after

marriage of parents.

3. The issue of any such legitimated child who has died or may Issue of legitimated hereafter die before the marriage of his or her parents shall take by child dying before operation of law the same real and personal property which would marriage of parents. have accrued to such issue if the parent had been born in wedlock.

4. No legitimation under this Act shall affect any estate, right, Certain estates in or interest in any real or personal property to which any person has property not affected. become or may become entitled, either mediately or immediately, in possession or expectancy, prior to legitimation, or by virtue of any disposition made before the passing of this Act; and nothing in

this

Registration of child.

Time for registration.

Interpretation.

False declaration to be evidence.

The Legitimation Act.-1898.

this Act shall have the effect of legitimating any child if at the time of the birth of such child there existed any legal impediment to the intermarriage of the parents of such child.

5. Notwithstanding anything to the contrary contained in any other Act, every Registrar under any Act for the time being in force providing for the registration of births, upon any person who claims to be the parent of an illegitimate child producing to such Registrar a declaration in the form or to the effect in one of the forms set forth in the Schedule hereto, made by both parents of such child, shall register such child (whether dead or alive) as the lawful issue of such parents, and the Registrar shall forthwith make a note in the entry, underneath his signature, to the effect that the registration has been made under the authority of this Act; and if the same child has been previously registered such Registrar shall make a note of the entry made under this Act on the previous registration, and intimate to the Registrar-General that this has been done. If the Registrar has not the possession of the register-book containing such previous registration it shall be sufficient for him to intimate to the Registrar General the fact of the new entry having been made. The father of any such child shall sign the registration entry.

6. The registration of children under this Act shall be void and of no effect if not made within the following times:

(a) In the case of children whose parents have intermarried before the passing of this Act, before the first day of January, one thousand nine hundred:

(b) In the case of children whose parents intermarry after the passing of this Act, within thirty days before the intermarriage when such marriage is subsequently carried out, or within the same period after the intermarriage of such parents.

7. The word " Registrar" in this Act shall include every person authorised to register births, whether in any particular district or in South Australia generally.

8. Every declaration under this Act shall be evidence of the matters therein stated, and every person who shall wilfully make a false declaration under this Act shall be guilty of perjury.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

S. J. WAY, Lieutenant-Governor.

THE

The Legitimation Act.-1898.

THE SCHEDULE REFERRED TO.

We, A.B. and C.D. [here insert names of parents], of [here insert address], do solemnly and sincerely declare as follows:

1. We are the parents of a child named [here insert name of child] born on the

day of

2. We were married on

day of

having the birth of the said child registered as that of our lawful issue.

3. The document hereunto annexed is a certified copy of the certificate of our marriage.

4. No legal impediment to our marriage existed at the time of the birth of the said

We, A.B. [here insert name of father], of [here insert address and occupation of father, and C.D., [here insert name of mother], of [here insert address and occupation of mother], do solemnly and sincerely declare as follows:

1. We are the parents of a child named [here insert name of child], born on the day of

18

at

2. We intend to intermarry within thirty days, and we are desirous of having the birth of the said child registered as that of our lawful issue.

3. No legal impediment to our intermarriage existed at the time of the birth of the said child.