Page:Destitute Persons Act 1846.pdf/2

No. 9.

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of any illegitimate child shall not be necessary for the making of any such adjudication as aforesaid.

And to make an order upon him for support of the child.

It shall also be lawful for such Justices, on being satisfied that any such putative father shall have refused to provide for the support of any such child, to make an order on the putative father for payment to the mother of the child, or to such other person as they may think fit, of a sum of money at a rate not less than two shillings nor more than ten shillings per week, at such times and in such manner as they may direct, for the support of such child: Provided always that in every case where it shall appear to the Justices that the mother of any such illegitimate child is able to contribute to its support, it shall be lawful for them to direct that she shall so contribute as well as the father in such proportions respectively and in such manner as such Justices shall think fit; and if in any such case it shall appear that the mother only is of such ability, it shall be lawful for the Justices to make an order in respect of her alone.

And to make an order for payment of additional sum for education &c.

In every case where the order on the putative father shall be made in favour of the Half-caste child, or in favour of any other person of the Native race, It shall be lawful for such Justices to make an order on the putative father for the payment of an additional sum to be applied at such times and in such manner as they may direct to the education of such child in the English language and in the duties of the Christian religion: Provided always that the sum to be paid as last aforesaid shall in no case exceed one-fourth of the sum to be paid as aforesaid for the support of the child, nor the whole sum to be paid as hereinafter provided, in composition for such sum: Provided also that when and so soon as any such child shall by order of such Justices be committed to the custody of any person of the European race, such additional sum shall cease to be paid.

Putative father may make composition.

It shall be lawful for the putative father of any illegitimate child, who by virtue of the provisions of this Ordinance shall become liable to contribute towards its support, to pay such a sum of money for that purpose, not less than ten pounds and not more than fifty pounds, in lieu of and as a compensation for such weekly payment as aforesaid as the said Justices shall deem reasonable: Provided always that in case the putative father or the mother as the case may be shall consent to place such child at any school which for the purposes of this present provision may be afforded by the Governor, it shall be lawful for the said Justices to receive from such putative father or the mother, as the case may be, any sum of money which may be sufficient to provide for the maintenance and education of such child therein, although the sum may not amount to the sum of ten pounds. For every sum of money so paid as such composition or as last aforesaid the putative father or the mother as the case may be shall be entitled to a receipt from the person to whom the same shall be paid, and every such payment shall be deemed and taken to be in full satisfaction and discharge of all liability on the part of such father or mother as the case may be for the future maintenance and support of any such child.

Custody of illegitimate children in certain cases.

In case of the death or insanity of the mother of any child in respect of whom any order as last aforesaid may have been made under the authority of this Ordinance, or in any other case, with the consent of the mother of any such child, it shall be lawful for any two Justices to appoint in writing some fit person who with his own consent shall have the custody of the child; and any two Justices may revoke the appointment of such person and may appoint another person in his stead as occasion may require; and every person so appointed to have the custody of any such child shall be empowered

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