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Early Closing Act.—1900.
Memorial to the Governor to Alter the Closing Times for Shops in a Country
Shopping District. To His Excellency the Governor
We, the undersigned, being a majority of shopkeepers in the town of such town being a Country Shopping District, humbly pray your Excellency
1. To alter the closing times for shops now in force in the said town, as follows:
An Act to amend the Law relating to State Children,
and for other purposes.
[Assented to, December 5th, 1900.] DE it Enacted by the Governor, with the advice and consent of D the Parliament of South Australia, as follows:
1. This Act may be cited as “ The State Children Amendment Short title.
2. The several enactments mentioned in Schedule A hereto are Repeal hereby repealed to the extent mentioned in such Schedule. But such 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or liability already created, incurred, or existing, nor anything lawfully done or suffered under any enactment hereby repealed ; and any proceeding in respect of any such right, interest, or liability may be carried on as if this Act had not been passed.
3. The provisions of section 31 of the principal Act relating to Hearing of complaints the places and times for the hearing or trial of informations against against c children for offences punishable on summary conviction before a Justice or Justices shall extend to the hearing or trial before a Justice or Justices of all complaints and informations against children for offences punishable by law, whether on summary conviction or otherwise. 750
The State Children Amendment Act.—1900.
Officers may proceed against incorrigible children.
4. If any child is brought before Justices charged by an officer of the Council with being an uncontrollable or incorrigible child, the Justices, upon being satisfied that the charge is well founded, may exercise the jurisdiction conferred upon them by section 34 of the prinicpal Act in the same manner and to the same extent as if the charge had been made by the parent of the child: Provided that no order under this section shall be made without notice of the charge to the parent, unless the address of the parent be unknown to the officer.
Age and religion indorsed on mandate.
5. The indorsement under section 43 of the principal Act on the mandate of the correct age or religion of the child named in such mandate may be made by the Secretary of the Council.
Warrant in first instance.
6. Upon a complaint to a Special Magistrate made under section 16 of this Act in respect of any alleged disobedience of or neglect to comply with any order under the said Act or any Act incorporated therewith, or this Act, such Special Magistrate may, instead of issuing a summons, issue a warrant under his hand for the apprehension of the person against whom the complaint is made, and for the detention of such person until the hearing of the complaint, unless such person shall enter into a recognizance, with one or more sureties, in such sum as a Special Magistrate shall direct, conditioned for his appearance at the hearing of the complaint.
Varsing maintenance 7. Any Justice may, on the complaint of an officer of the Counorder.
cil, summon any person liable upon a maintenance order to appear before Justices at a time and place to be named in the summons, and at the time and place, so appointed the Justices may make further inquiry as to the means and ability of the person liable upon the maintenance order, and may make such order increasing, reducing, or varying the periodical sum to be thenceforth paid by such person liable upon such maintenance order, or may make such other order, not inconsistent with the provisions of the principal Act, as may be just.
Evidence of keeping lying-in home.
8. Proof that any building or apartment was let, hired, or engaged by any person for the accommodation of a female during her confinement or lying-in, shall be primâ facie evidence that such building or apartment is kept as a lying-in home within the meaning of section 104 of the principal Act; and it shall not be necessary in any case to prove the letting, hiring, or engagement on more than one occasion of any such building or apartment for any such purpose as aforesaid.
Powers of Secretary in emergencies.
9. In cases of emergency requiring immediate action, and in all cases where it is impracticable, or would be likely to cause delay calculated to defeat the proper attainment of any object contemplated by the Act, to obtain the authority of the Council before acting, the Secretary of the Council may, under the authority of the Chairman, or, in his absence, of a member of the Board, in the name
The State Children Amendment Act.—1900.
and on behalf of the Council, do any act or exercise any power which the Council is authorised to do or exercise ; but all such acts, or the exercise of any such powers and authorities, shall be reported by the Secretary aforesaid to the Council at its next subsequent meeting, and shall be subject to the ratification of the Council, but until such meeting shall for all purposes be deemed to be valid and effectual.
10. No order shall be made under “The Affiliation Law Amend- Proof in affiliation ment Act, 1898," before the birth of the child unless, in addition to cases. the evidence necessary to establish paternity, it shall be proved by the evidence of some duly qualified medical practitioner that the alleged mother is pregnant.
ll. Every order for confinement expenses made before the birth Confinement of a child shall direct that all moneys ordered to be paid for con- expenses. finement expenses shall be paid to the Council.
The Council shall retain such moneys until the birth of the child, when it shall apply such moneys towards confinement expenses. Failing the birth of the child, the money to be returned to the alleged father.
12. Complaints for maintenance and confinement expenses made forms of complaint before the birth of an illegitimate child may be in the form in and or Schedule B hereto, and any order for maintenance and confinement expenses made upon any such complaint may be in the form in the Schedule C hereto.
13. - The Affiliation Law Amendment Act, 1898,” is hereby in- Incorporation of
Affiliation Law corporated with the principal Act.
14. Any application for summary protection under section 2, Protection of married sub-section (d), of “ The Married Women's Protection Act, 1896,". may be made and conducted by an officer of the Council on behalf of any married woman desirous of applying for summary protection under that Act.
15. All cases under the principal Act, or any Act incorporated Cases may be therewith, or this Act, heard upon information or complaint by or on
conducted by officer. behalf of the Council, or by an officer of the Council, may be conducted by an officer of the Council, or by any person appointed by the Council in that behalf.
16. Justices may, at any time in a summary way, inquire into any Justices may enforce wilful disobedience of, or neglect to comply with, any order made orders by time or im.
compliance with under the provisions of the principal Act, or any Act incorporated prisonment. therewith, or this Act, and for that purpose may summon and cf. 103 of 210/81. examine all proper parties and witnesses; and, in order to enforce and 125 of
principal Act. compliance or punish the non-compliance with such order, may pl commit to gaol, with or without hard labor, for a period of not
The State Children Amendment Act.—1900.
exceeding six months, unless the order shall be sooner complied with, the person found guilty of such disobedience, neglect, or noncompliance, or may impose upon such person a fine of not exceeding Fifty Pounds.
Child may be sent to reformatory instead of prison.
17. In all cases where a child is liable to imprisonment by reason of the non-payment of a fine or penalty, or non-compliance with any order for the payment of money, such child may be sent to a reformatory school, there to undergo the imprisonment to which such child is liable, instead of to a gaol or prison.
In the name and on behalf of Her Majesty, I hereby assent to this Bill