343
NE"'-
ZEALAND.
QUADRAGESIMO PRIMO
VICTORIAjJ REGINAjJ.
No. 44 .
••••••• *.** •• *.* ••••• **** •• *.**** •• *** •••••• *•• *•••••• *.****
ANALYSIS.
: 21. Effect of warrant.
I 22. Recl·ipt of person authorized by warrant to be
I
good discharge.
2S. In certain cast's warrants may be issued with·
out previous issue of summons or warrant.
24. When person imprisoned, order for support of
wife and children may be made.
25. Suppl~mental orders may be made.
26. Any Resident Magistrate may enforce order.
27. Sureties may be required for compliance with
Title.
1. Short Title. Repeal.
2. Interpretation.
S. N Pat' relati.cs of destitute persolls liable for
I.heir support.
4. Mode of proceeding.
5. Hearing and adjudication.
6. Father of illegitimate children may be suntmoned.
7. Fat.her of illegitimate ('hildren may be adjudged
to be the putative fat.her, and order upon
him for support of child made.
8. Order for support of illegitimate chilJ ma,'l',
in some cases, be made against the motheI·.
9. In cases of death or lunacy of father or
mother of illegitimate child, how proceedings to be taken.
10. Order may be made for support of illegitimate
child out of deceased or lunatic father or
motller's estate.
11. In 8uch cases the granting or refusing of I.he
order discretionary, and power to suspend,
&c., order.
12. No order to be made against deceased fitther'.
estate unless complaint is made within six
monlhs from father's death.
IS. Additional sum of not exceeding £25 may be
ordered to ed ucate iIlegitimat e child.
14. Putative father, &c., may make comp08iti01l.
15, No person to be taken to be the father upon
the mother's evidence alone ..
16. Husbands, fathers, or mothers deserting or
leaving wife or children without mpport
may be summoned.
17. Order for maintenance may be madE', and
defendant imprisoned.
18. Order may be made when husband, father, or
mot.her intends to desert.
19. Resident Magistrate may refuse to make order
where reasonable cause for desertion.
20. Warrant of distress, and warrant to receive
rents, &c., of real or personal estate, and to
sell real or pel'lonal estate, may be issued.
ord~r.
28. Custody of children.
29. Government or local body may recover costs of
maintaining deserted wife or child in a summary manner.
30. Near relative (other than father, stepfather, or
stepmother) of deserted wife or child may
recover moneys, &c., for support of deserted
wife or child.
31. J~imitation of time for laying informations or
complaints under last two preceding sections.
32. Expellses of maintaining a destitute person to
be recoverable as a debt.
33. ·WalTant to iell, let, or collect rents of property
of destitute person, &c., may be granted.
34. Disposal of moneys, &0., arising from exercise of
powers conferred by warrant.
35. Sale not to be authorized unless rents, &c., insufficient to maintain destitute person, &c.
36. When person maintained in a charitable insti·
tution, maintenance money to be paid to
managers.
37. Evidence.
58. What shall be deemed desertion.
39. Warrant for apprehension may be issued in
the first instance.
40. Summons, how served.
41. Certain prodsions hereof to apply 1·0 orders
made under "The Married Women's Pro·
perty Protection Act, 1870."
42. Appeal.
43. When Act to come into operation.
Supplement to tke New Zealand Gazette No. 99, of tke 13th December, 1877_
No. 44.
410
VICTORLE.
A.D.
1877.
lJestitute Persons.
Title-.
AN ACT relating to Destitute Persons, Illegitimate Children, and Deserted Wives and Children.
[Iotlz December, 1877.]
E IT EN ACTED by the General Assembly of New Zealand in
B Parliament assembled, and by the authority of the same, as
follows : Short Title.
Repeal.
Interpretation.
~cnl'
relatives of
person.
HaLlo for their
eupport.
Mode of pl'()Ceeding.
rle~tilute
1. The Short Title of this Act shall be "The Destitute Persons
Act, 1877."
The Ordinance for the Support of Destitute Families and Illegitimate Children, passed by the Lieutenant-Governor and Legislative
Council of New Zealand, is hereby repealed: Provided that this repeal
shall not affect the past operation of the enactment hereby repealed,
nor any order made, right, liability, penalty, or forfeiture accrued
or incurred, or any proceeding commenced under such enactment;
and such order, right, liability, penalty, forfeiture, or proceeding
shall and may be enforced, recovered, carried out, continued,
and completed under the said Ordinance, and such Ordinance shall
for such purposes, but not further, continue and take effect as if this
Act had not been passed.
2. In this Act, if not inconsistent with the context, the following
terms shall have the meanings hereinafter respectively assigned to
them:" N ear relative" means the father, stepfather, grandfather,
mother, stepmother, grandmother, children (other than
step-children), and brother, of a destitute person.
"Destitute person" means a person unable to support himself
or herself by his or her own means or labour.
" Lunatic" shall mean any person found lunatic by inquisition,
or any person received into and detained in any asylum,
hospital, or licensed house, under the provisions of "The
Lunatics Act, 1868," or any Act amending the same or
passed for similar purposes; and the lunacy shall, for the
purposes of this Act, be deemed to commence from the
time such lunatic is found by inquisition to be such, or
from the date of such reception or detention as aforesaid.
"Local body" means any County or Borough Council, Town
Board, Trustees, Commissioners, or other like body howsoever denominated of every county, city, town, and borough,
and the Council, Road Board, Board of Wardens, Commissioners, or Trustees, of every road district, or highway
district, or other like body howsoever denominated, now
or hereafter created, elected, constituted, or appointed
under any Act or Ordinance for the local government of
such county, city, town, or borough, or road or highway
district, and any trustees, ,managers, or governing body
of any institution established by Act or Ordinance for
the relief of diseased, aged, incurable, or destitute persons,
or for teaching and training in industrial pursuits deserted
or destitute persons.
"Maintaining" and "maintained" includes feeding, clothing,
teaching, or training.
3. The near relative of a destitute person, shall, if such near
relative is of sufficient ability, be liable to support every such destitute
person in manner hereinafter mentioned.
4. On the complaint, on oath, of any respectable person, or
of any destitute person, that such last-mentioned person is a destitute
A.D.
1877-
41
Q
VICTORlJE.
No. 44.
345
JJestitute Pe1"SOns.
person, and has a near relative within the colony of sufficient ability
to support such destitute person, it shall be lawful for anyone Justice
of the Peace to summon such near relative to appear to answer such
complaint.
.
5. Any Resident Magistrate may hear and determine such com- Hearing and adjudi.
plaint in a summary way. Such Resident Magistrate, on being satisfied cation.
that the person by or on behalf of whom such complaint is made is a
destitute person, and that the person summoned is a near relative of the
destitute person, and is able to support or to contribute to the support
of such destitute person, may order such near relative to pay towards
the support of such destitute person a sum of money at a rate not
exceeding _twenty shillings per week to such person, at such times, and
in such manner as the said Resident Magistrate may direct. Any
Resident Magistrate may from time to time, in a summary way, sus, pend, alter, vary, or determine such order as to him shall seem meet.
6. On the complaint, on oath, made by the mother of any Euro- Father of illegitimate
pean or half-caste illegitimate child, under fourteen years of age, or on children day he
such complaint by any reputable person, that the father of such child summone .
has refused to provide for the support thereof, it shall be lawful for any
one Justice to summon the party charged to answer such complaint.
7. Whether the defendant be present or not, any Resident Magis- Father of illegitimate
trate may in a summary manner inquire into such complaint, and, if ch~ldren may be
. fie d t h at the defen cl an t'IS teat
h f: h er of such Clan
h'ld d 0 f t h e truth adjudged
to be the
satls
putative father,
and
of the complaint,.may adjudge the man to be the putative father of £r~er upon h~mh'ld
such illegitimate child. The said Resident Magistrate may thereupon, ~~J:pport 0 C 1
or any Resident Magistrate at any time thereafter, may make an order
on such putative father for payment to the mother of the child, or
to such other person as he may think fit, of a sum of money at a
rate not less than four shillings or more than twenty shillings per week
until such child arrives at the age of fourteen years, at such times
and in such manner as he may direct, for the support of such child.
The Resident Magistrate may also order the putative father to pay
the expenses of and incidental to the birth of such child, and the costs
incurred in obtaining such order. The evidence of the mother of any
illegitimate child shall not be necessary for the making of any such
adjudication as aforesaid.
8. Where it shall app~ar to the Resident Magistrate ~hat the Order for support of
mother of any such illegitimate child is able to contribute to its illegi~imate child
may III some cases b?
' t th a t s1le sh a11 so cont 1'1Ob ute, as well as the made
t h e may dll'ec
suppor,
against the
father, in such proportions respectively and in such manner as snch mother.
Resident Magistrate shall think fit: And if it shall appear that the
mother only is of such ability, it shall be lawful for the Resident
Magistrate to make an order in respect of her alone. '
9. Notwithstanding that the father or mother of anv illea-itimate In cases of death or
child under fourteen years of aa-e is dead or lunatic the mgther or lunacy of~ath~r.or
b
•
'
°
mother of illegltImateother reputable person may make complamt on oath to any J ustlCe l'hild, how pro.
of the Pl:'ace that such deceased or lunatic person is the father or l'eedings to be taken.
mother of such illegitimate child, and such Justice may issue a
summons to the executor or administrator, committee, Public Trustee,
or other legal representative of such deceased or lunatic person, to show
cause why an order should not be made for the maintenance of such
child out of the estate of such deceased or lunatic person.
10. The Resident Magistrate present may, in a summary manner, Order may be mad ..
inquire into the matter of the complaint, and, if satisfied that the ~or s,upport of.
. th e f:at h er or moth er of such IllegItimate
.. .
IllegItImate chIld out
· person IS
d eceuse d or 1unat lC
of deceased or
child and that the estate of such deceased or lunatic person is lunatic faLher or
'.
d b ts of such person, to support, or mother's estate.
8ufficIent,
a f ter payment 0 f the e
eontrihute to the support of any such child, may make such order
.
No. 44.
410 VICTORLE.
IJestittde Persons.
In such C.lSeS the
granting or refusing
of the order
diaoretionary, and
power to suspend,
&0., order.
No order to be made
against deceased
father's estate unless
oomplaint is made
within six months
from father's death.
Additional sum of
not exceeding £25
may be ordered
to educate illegiti'
mate child.
Putative father, &0.,
may make
eomposition.
No person to be
taken to be the father
upon the mother's
evidence alone.
Husbands, fathers, or
mothers deserting
or leaving wife
or children without
support may be
mmmoned.
Order for main·
tendroa.c m~y be made
£
:pris~~~d~nt
for the payment of such moneys out of the deceased or lunatic's
estate as is provided by sections seven and eight. If it appears that
the estate of a lunatic is not more tha:n reasonably sufficient to main- .
tain such lunatic, no order shall be made.
.
11. The granting or refusing of an order under the last preceding
section shall be in the entire discretion of the Resident Magistrate:
Provided, however, that no such order shall be made if such deceased
or lunatic person has left a widow or a legitimate child or children,
or both, and the effect of granting such order will be to deprive such
widow, child, or children wholly or materially of means of support.
Any Resident Magistrate may, from time to time, in a summary
manner, suspend, alter, vary, or determine such order as to him
shall seem meet.
12. No order shall be made against any deceased father's estate
under section ten unless the complaint is made within six calendar
months from the death of such father.
13. Where an order shall be made for the maintenance of any
illegitimate child, it shall be lawful for such Resident Magistrat~ to make an order for the payment of an additional sum not
exceeding twenty-five pounds, to be applied at such times and in
such manner as he may direct, to the education or apprenticing to
some trade of such child.
14. The putative father, the mother, or the executor, administrator, committee, Public Trustee, or other personal representative of
such putative father or mother, may apply to the Resident Magistrate at the time of making an order for maintenance, or at any
time thereafter may apply to any Resident Magistrate, in a summary
manner, to fix a sum of money to be paid in satisfaction of any weekly
or other payment as aforesaid; and such Resident Magistrate may,
if he shall deem it expedient so to do, fix a sum of money, not less than
twenty pounds and not more than one hundred and fifty pounds,
in lieu of and as compensation for any weekly or other payment as
aforesaid. Payment of the sum so fixed shall be deemed and taken to
be in full satisfaction and discharge of all liability on the part of the
person paying the same for the future maintenance and support of
such child.
15. No person shall be taken to be the father of an illegitimate
child upon the mother's evidence, unless corroborated in some material
particular by other testimony, to the satisfaction of the Resident
Magistrate.
16. When any husband unlawfully deserts his wife, or leaves her
without, or wilfully fails to provide her with, adequate means of support, or when any father or mother deserts his or her children under
the age of fourteen years, or wilfully leaves them without, or wilfully
fails to provide them with, adequate means of support, if complaint
thereof be made on oath to any Justice, by the wife or by any reputable person on her behalf, or, in case of the children, by the mother, or
any reputable person, such Justice may issue his summons to such
husband, father, or mother, to show cause why he or she should not
support his wife or his or· her children.
17. Whether the defendant be prrsen t or not, any Resident Magistrate present shall, in a summary manner, inquire into the matter of
the complaint; and if he be satisfied that the wife, or the children, as
the case may be, are deserted or are in fact without adequate means of
support, and that the husband) or the father or mother, is able to
maintain her or them, or to contribute to her or their maintenance,
such Resident Magistrate shall make an order, in writing, directing
him or her to pay, either weekly or monthly, at his discretion, and to
A.D.
1877.
410
VICTORIJE.
No. 44.
Destitute Persons.
such person and in such manner for her or their maintenance as
the Resident Magistrate thinks fit, such moderate sum or allowance,
not exceeding twenty shillings per week, for s!lch wife or anyone
child, until such child arrives at fourteen years of age, as he considers
fit. In addition to making any such order, the Resident Magistrate
may commit the defendant to any gaol for any period not exceeding
six calendar months, with or without hard labour.
18. If complaint be made on oath to a Justice by any woman, or Order may be made
by any reputable persoD, that there is reasonable ground to believe that fa.~l~~: ~~s~:~~r
the husband of such woman intends to desert her, or to leave her with- intends to desert.'
out adequate means of support, or by the mother of any child, whether
illegitimate or born in wedlock, or by any reputable person, that there
is reasonable ground to believe that the father or mother of such child
intends to desert it, or leave it without adequate means of support, such
Justice may issue his summons to such husband, father, or mother, to
show cause why he or she should not support his wife or his or her
child; or may, in his discretion, issue his warrant for the apprehension
of such husband, father, or mother. And upon the day appointed for
the hearing, whether the defendant be then present or not, any Resident Magistrate ~hall inquire into the matter of such complaint; and if
he be satisfied that the defendant intends, or that there is any reasonable
ground to believe that he or she intends, to desert or leave without
adequate means of support such wife or child, such Resident Magistrate
may make an order for maintenance as hereinbefore mentioned.
19. If reasonable cause be shown for the desertion or refusal to Resident Magistrate
maintain a wife as aforesaid, the Resident Magistrate may. in his mady retJhuse to make
. decline to mak e an ordel', unI
wereforreason·
discretIOn,
ess'It sha11 be establ'IS h e'd to t h e or
ableercause
satisfaction of the Resident Magistrate that she is a destItute person. desertion.
20. Whenever an order shall be made for the maintenance ·of any Warrant of distress
wife, child, 01' destitute person, and any payment thereby directed to be ::c~i::~~: t&c. of
made shall be in arrear for one calendar month, any Justice may, in a real or perBo~al '
his warrant
estate,
to sell
summary manner, if he think fit in his discretion'issue
re
al
or and
personal
of distress, and may by warrant authorize and direct some person to est'!:te, may be iesued.
receive so much of the rents, profits, and income of the real and
personal estate of the person against whom or whose estate such
order shall be made, and to sell, by public auction, such portions of
such real and personal estate as the Justice may from time to time
direct. In effecting any such sale, the person so authorized as aforesaid shall have all the powers and authorities conferred on mortgagees
by the Conveyancing Ordinance, Session n., No. X., if the property
sold shall not be under" The Land Transfer Act, 1870;" and if the
same shall be under" The Land Transfer Act, 1870," then all the
powers and authorities conferred upon mortgagees by that Act.
21. No notice or demand whatsoever shall be requisite before Eft'ectofw9.l'l'9.nt.
. exercising such powers or any of them. The warrant shall, so far as
regards any purchaser 01' person dealing with the person so authorized,
be c )nclusive evidence that the power to sell is vested in the person
named therein. Such rents and profits, and the net proceeds of any
sale, shall be applied towards the support of the wife, child, or other
person, as the case may be, in whose favour such order shall have been
made, in such manner as to. the Resident Magistrate shall seem meet.
.
22. The receipt of the person so authorized as aforesaid shall be Receip~ of pereon
a good discharge to any tenant or other person for all moneys paid by ~~;:~:~ ~ good
him, and acknowledged in such receipt to be paid.
discharge.
23. When any husband, father, mother, or near relative keeps In certain cases
himself or herself concealed or away from his or her usual place of ~arrant~ may be
. a b sent WIt
' h 'm ten t to evade any payment dIrecte
.
d to b e Issued
abo de, or IS
previousWlthout
issue of
made by an order, if the fact be proved on oath, any Resident Magis- summons or warrant.
No. 44.
4I
0
VICTORIJE.
A.D.
1877
Destitute Persons.
~h~ perlon
Impnsoned, ~rder for
support ofmfe and
children may be
made.
Supplemental orders
maJ be made.
Any Reeident Magis-
!~:.ma1 enforee
Suretie8 ma, be
required for
complianoe witlt
ord~r.
Olllltod, of ohildren.
trate, on complaint made to him for that purpose, may issue the
warrant and give the authority hereinbefore mentioned without the
previous issue of any warrant or summons.
24. Whenever upon complaint it appears that any person, not
being a convict as defined by "frhe Convicts Forfeiture Act, 1871," is
•
"
imprisoned and has a wIfe
or ch'ld
I ren, wh eth er 1'11 egltImate
or not, and
that such wife or children are without adequate means of support, and
that the person imprisoned has property which can be made available
for the support of such wife or children, any Resident Magistrate may
in his discretion if he thinks fit, in a summary manner, aI\d without
issuing any summons or requiring the presence of tbe person so
imprisoned, make such order for the maintenance of such wife or child
as is hereinbefore mentioned. Such complaint may be made by the
wife, father, mother, or children, or by any reputable person on his,
her, or their behalf.
.
No order shall be made if it be proved that the estate of the person so imprisoned is not more than sufficient to pay the just debts of
such person. The twentieth, twenty-first, and twenty-second sections
of this Act shall be deemed to apply to any order so made.
25. When any order has been made touching the support of any
wife or child, whether illegitimate or born in wedlock, any Resident
Magistrate may, in a summary way, with or without any application for
that purpose, make from time to time such order in writing as he thinks
necessary for better securing the payment and regulating the receipt
of the allowance directed for such wife or child's support, or for investing and applying the proceeds of any real or personal property (if
any) directed to be sold or collected, or of any money paid in lieu of,
and as compensation for, any weekly or other payment, as provided
by section fourteen, or for insuring the due appropriation of such
allowance fm' the bona fide purposes of maintenance, or for causing
the children to be properly brought up and educated.
26. Any Resident Magistrate may at any time inquire, in a summary way, into any allegation of disobedience of any order made under
this Act, and may for that purpose summon and examine all proper
parties and witnesses, and may either commit the offender to gaol for
any period not exceeding six calendar months, with or without hard
labour, or may impose upon such offender a fine of not exceeding fifty
pounds.
27. Whenever an order is made for the maintenance and support
of a wife or child, whether illegitimate or not, it shall be lawful for
the Resident Magistrate making the order, in such order or by a
separate order, or for any Resident Magistrate, at any time, to make an
order requiring the defendant to find such good and sufficient surety,
as the said Resident Magistrate shall think fit, that he or she will
comply with such order of maintenance, or that he or she will not
desert, or leave without adequate means of support, his or her said wife
or children, whether illegitimate 01' not; and such Resident Magistrate
may, in default of such surety being found, commit the defendant to
gaol for any period not exceeding six calendar months, with or
without hard labour. Any Resident Magistrate, upon being satisfied
that such surety has been found and entered into, may order the discharge of the defendant from gaol or custody.
28. Whenever under this Act an order is made for the maintenance of any child, whether illegitimate or born in wedlock, it shall
be lawful for the Resident Magistrate making the order, or for any Resident Magistrate, at any time thereafter, in a summary manner, upon
the application of any reputable person, to appoint, in writing, some
fit person, who, with his or her own consent, shall have the custody of
A.D.
18 77·
41
0
VICTORIJE.
No. 44.
349
IJestitute Per80n8.
such child: Provided that where either the mother or father, or putative father, is willing and able to support and take the custody of any
child, no order shall be made giving the custody to any other person
or persons without the consent of such parents, unless such parent or
pal'ents is or are, in the opinion of the Resident ~Iagistrate, unfit to be
intrusted with the custody of such child. Ancl any Resident Magistrate
may revoke the appointment of such person, and may appoint another
person in his or her stead, as oceasion may require; and every person
so appointed to have the custody of an~T such child shall be empowered
to make application, and do all things necessary for the receiving and
recoyering of all payments becoming due under any such order as
aforesaid.
29. 'rhe costs of maintaining any deserted and destitute wife or Government or local
child incurred by the Government of the colony or by any local •body cos
bodY mfay r!lco",:e~
t s 0 mamt almng
may be recovered from the husband or father of such deserted wIfe or de~ert:ed wife or
child in a summary manner: Provided that not more than after the child ID a summary
rate of forty shillings per week shall be recovered for each child or manner.
wife. The information or complaint in such case may be made by any
constable or by any person authorized by the Colonial Secretary or
local body.
30. If the near relative (other than the father, stepfather, or step- Near relative (other
mother) of •any destitute and deserted wife or •child shall
under father,
than father, step.'
or stepmother)
the compulsIOn of an order made under the authorIty of this Act, pay of deserted wife or
any moneys • for the
support of such wife or child, such near relative moneys,
child may&crec.?ver
•
"' J.or
shall be entItled m a summary manner to recover from the husband 8~pport o~ deserted
or father, as the case may be, of such destitute and deserted wife or Wife or child.
child such moneys, with interest thereon at the rate of eight pounds
per centum per annum, and all costs which he shall be put to.
31. The limitation of time in the fifth and forty-fifth sections of Limitation of time
"The Justices
of the Peace
Act" 1866" under which informations
f?r laying info~a•
•
•
tlOns or complaint.
shall be laId or a complamt made shall not apply to any proceeding for under last two prethe recovery of money under the last two preceding sections: Pro- ceding sections.
vided that such proceedings shall be taken within six years after such
moneys shall have become due and payable.
32. When any destitute person shall have been maintained wholly Expenses of mainor in part by the
Government of the colony or any local body, the tainingta
dbestitute
•
person 0 e reCOl'8rexpense thereby mcurred shall be deemed to be debt due from such able as a debt. .
person to Her Majesty or the local body, and shall bear interest at
the rate of eight pounds per centum per annum, computed from the
time or respective times from which such expenses were incurred, and
such debt and costs may be recovered in any Court of competent
jurisdiction at the suit of tbe Colonial Secretary or local body, or by
any person authorized in writing by him or it: Provided that the
plaintiff shall be non suited unless he proves to the satisfaction of the
Court or Judge hearing the case that the defendant is of sufficient
means and ability to pay the same.
33. If any destitute person or any deserted and destitute wife Warrant to sell, let,
. mam
. ta'lned wh 0 11y or In
. part by the G overnment or b Y or
collect of
rents
of
or ch I'ld IS
property
destitute
any local body, and such person has any real or personal property, person, &c., may be
the Colonial Secretary or local body, or any person instructed by granted.
the Colonial Secretary or local body, may in a summary manner apply
to a Resident Magistrate for a warrant authorizing such property
or any part thereof to be let, or the rents, issues, and profits arising
therefrom. or any part thereof to be collected, or the sale of such
property or any part thereof to be made, and such Resident Magistrate may, if he is satisfied that such destitute person or deserted and
destitute wife or child is so maintained, grant such warrant accordingly.
Such warrant shall confer upon the person named in it all the powers,
35 0
No. 44.
41
e
VICTORlLE.
A.D.
1877.
Destitute Pe1"SOns.
privileg~s:
Dispos!!,l.ofmoneys,
&c.,
a;rlsmg
from
exercIse
of powers
conferred by warrant.
Sale not to be
authorizedynless.
rents, &c., msuffiClent
to maintain destitute
person, &0.
When pel'son
maintained in a
charitable institution,
maintenance money
to be paid to
managers.
Evidence.
What shall be
deemed desertion.
WarrantforapPl'e.
hension may be
issued in the first
instance.
Summonshowscrved.
and rights over the property affected by the warrant as
shall be expressed in such warrant; ,and the person so authorized may
exercise such powers, privileges, and rights as fully and effectually as
the person maintained could himself exercise them.
34. The purchase-moneys, rents, issues, and profits, and other
moneys arising from such real or personal property
• , or from the part
thereof affected by such warrant, shall be applied first in paying the
expenses of and incidental to the letting, collecting, receiving, or
selling such property, and next in 1Jayment of the cost of the
maintenance of such person not exceeding forty shillings for every
week during which such person has been so maintained, and the
balance shall be paid to such person when he ceases to be maintained,
or to his executors or administrators on his decease. No destitute
person or deserted and destitute wife or child while so maintained
shall, without the consent of the Colonial Secretary or local body, as
the case may be, alienate or otherwise dispose of (except by will) such
property or any part thereof.
35. No warrant authorizing the sale of any land shall be issued
until the Resident Magistrate is satisfied that the rents, issues, and
.
ffi'
. t 31n
. such
profit s 0 f the rea1 an d persona1 es t a t e are 1nsu
Clent t 0 maIn
destitute person or deserted and destitute wife or child.
36. When any person in whose favour an order for maintenance
shall be made under the provisions of this Act shall be maintained by
. t'1011, tlle moneys IlIa de payable un der such order
any ch't
ar1 abl'
e 1nstItu
shall be paid by the 1)2rSOn directed by such order to pay the same to
the managers of such institution, to he applied in defraying the expenses of such maintenance; and the managers shall have all powers
given by this Act for enforcing payment of such moneys.
37. In proceedings under this Act, the Justice or Resident Magistrate may receive any evidence as to either of them may seem fit,
whether the same shall be strictly legal evidence or not.
38. ·When any husband shall have quitted his wife, or any father
or mother his or her children or child, for a period exceeding sixty
days, during fourteen, at the least, of which such wife, or children or
child, shall have been left by him or her without adequate means of
support, such husband, father, or mother shall, jJrinu1 facie, be deemed
to have unlawfully deserted such ,rife, or children 01' child: Provided
that nothing in this section shall pl'm-ent the Resident Magistrate from
adjudging the fact of desertion on other evidence, or on proof of abandonment for a less period than sixt~T clays, if he shall think fit. For the
purpose of this Act, 'a wife compelled to leave her husband's residence
under reasonable apprehension of danger to her person, or under other
circumstances which may, in the opinion of the Resident Magistrate,
reasonably justify her withdrawal f~'om such residence, shall be deemed
and taken to have been deserted WIthout reasonable cause.
39. It shall be lawful for any Justice before whom a complaint
is made under this Act, if he think fit, without issuing in the first
instance his summons, to issue his warrant to apprehend and cause
such person to be brought before some Justice, to be further dealt
with according to law.
40. Every sumlllons issued under this Act may be served on the
person sumllloned either personally or (if he or she cannot be found)
at his or her last known place of residence, and the person serving
such summons may make affidavit of the service thereof, stating
therein the mode and time ani place of such service (and, if not
personally, that the person summoned cannot be found), before any
Justice of the Peace, and such affidavit may be received by the
Resident Magistrate invcstigating the case as sufficient proof of due
A.D. J
877.
4 le VICTORllE.
No. 44.
35 1
IJestitute Persons.
service of the summons, if he shall think fit, and such Resident
Magistrate may thereupon proceed in the case ex parte, or, at" his
discretion, may issue a warrant to apprehend the person so summoned.
41. All the provisions of this Act relating to the enforcement of Certain proTisio»a
orders for the payment of money for the maintenance of any child ~:d:! ::feplt!~r
under this Act shall apply to orders made under the provisions of "The Ma.rr.ied
"The Married Women's Property Protection Act,
1870"
WomllD;'.
.
ProtectIonProperty
Act,
42. Any person aggrieved by any conviction or order made 1870."
under the authority of this Act shall have the same right of appeal as Appeal.
is provided by "The Appeals from Justices Act, 1867," in all respects
as if such conviction or order had been made by Justices of the Peace.
43. This Act shall come into operation, in respect of persons of When Act to come
the aboriginal native race, in such districts and at such times as the into operation.
- Governor shall from time to time appoint. With respect to all other
persons, it shall come into operation on the first day of January, one
thousand eight hundred and seventy-eight.
WELLINGTON, NEW ZEALAND:
Printed under authority of the New Zealand Government, by
GEORGE DIDSBURY,
Government Printer.