The Short Title of this Act shall be “The Neglected and Criminal Children Act 1867.”

The following words and expressions shall have the meanings hereby assigned to them respectively unless there be something in the subject or context repugnant to such construction the word “justices” shall mean any two or more Justices of the Peace acting together also any Resident Magistrate or any other magistrate authorized by statute to do alone whatever is authorized by “The Justices of the Peace Act 1866” to be done by any two or more Justices of the Peace and the word “parent” shall include any person legally liable to maintain a child except the putative father of a bastard child upon whom an order for maintenance has been made.

It shall be lawful for the Superintendent of any Province in New Zealand to establish for the purposes of this Act industrial schools and every such school shall be occupied by and used for males or females exclusively as any such Superintendent may direct.

It shall be lawful for the Superintendent of any Province to establish for the purposes of this Act reformatory schools and every such school shall be occupied by and used for males or females exclusively as any such Superintendent may direct.

It shall be lawful for the Superintendent of any Province in which any such school shall have been established from time to time as occasion may require to make regulations for the conduct management and supervision of any such schools established in any such Province under this Act and the employment education and correction of the children detained therein and such regulations from time to time to amend vary or annul but no such regulation as aforesaid shall include or permit any corporal punishment except such as may be lawfully inflicted by schoolmasters.

All such regulations as aforesaid shall be laid before the Provincial Council of the Province within which the schools affected thereby are established within fourteen days after the making thereof if such Council be sitting and if such Council be not sitting then within fourteen days after the next meeting of such Council.

It shall be lawful for the Superintendent of any Province from time to time to appoint some fit and proper persons to be respectively master and matron of every such school respectively established under this Act in such Province and it shall be the duty of such persons to observe and carry into execution the several provisions of this Act and the regulations to be made as aforesaid and also to obey and execute any mandate which may be issued as hereinafter mentioned.

It shall be lawful for the Superintendent of any Province from time to time to appoint such fit and proper persons as may be necessary to be teachers officers and servants at every such school established under this Act in such Province and it shall be the duty of every such person to obey all lawful and reasonable orders and directions of the said master and matron respectively in the execution of this Act.

If any school in any Province shall be established by private contributions and shall be supported by contributions in part out of the revenues of such Province under any Act or Ordinance of the Legislature of such Province and shall be approved by the Superintendent of such Province for the purposes of this Act the same shall for the purposes hereinafter mentioned and until such approval shall be withdrawn be deemed to be an industrial school or a reformatory school (as the case may be within the meaning of this Act) but if any such school shall be supported for any one or more than one religious denomination exclusively no child shall be sent to the same unless he or she shall be a member of such denomination or of one of such denominations if more than one and every order approving such school shall state the denominations (if any) for which the same is supported.

The accounts of every school established in any Province by private contributions as in the last section mentioned shall be audited once at least in every year by the Provincial Auditor of such Province who for the purposes of such audit shall have all the powers conferred on him as Auditor by any law now or hereafter to be in force respecting the collection and audit of the public moneys and accounts Provided that such school accounts shall be kept separate and the accounts of the industrial shall be kept distinct from those of the reformatory school.

The Superintendent of every Province in which any such school as in the last two preceding sections mentioned shall be established shall direct a report of the condition management and regulation of every such school to be made to him at least once in each year by such person as such Superintendent may appoint and if upon his report the Superintendent is dissatisfied with the condition management or regulations of the school he may withdraw his approval from such school and from and after publication of such withdrawal in the Government Gazette of such Province the school shall cease to be an industrial or reformatory school as the case may be within the meaning of this Act Provided nevertheless that such Superintendent shall not withdraw his approval of any school as aforesaid until after the lapse of two calendar months from the time that a duplicate of the report aforesaid shall be transmitted to the master matron or managers of such school.

Every boy and girl under the age of fifteen years shall be deemed to be a “child” within the meaning and for the purposes of this Act and in case there shall be no satisfactory evidence of the age of any such boy or girl the opinion of the court or justice dealing with him or her under the provisions hereinafter contained shall be sufficient proof of his or her age and every person detained (under the provisions hereinafter contained) in any such school as aforesaid shall be deemed to be an “inmate” thereof within the meaning of this Act.

Every child who answers to any of the descriptions hereinafter mentioned shall be deemed to be a “neglected child” within the meaning and for the purposes of this Act

Any child found begging or receiving alms or being in any street or public place for the purpose of begging or receiving alms.

Any child who shall be found wandering about or frequenting any street thoroughfare tavern or place of public resort or sleeping in the open air and who shall not have any home or settled place of abode or any visible means of subsistence.

Any child who shall reside in any brothel or associate or dwell with any person known or reputed to be a thief prostitute or habitual drunkard or with any person convicted of vagrancy under any Act or Ordinance now or hereafter to be in force.

Any child who having committed an offence punishable by imprisonment or some less punishment ought nevertheless in the opinion of two justices regard being had to his age and the circumstances of his case to be sent to an industrial school.

Any child whose parent represents that he is unable to control such child and that he wishes him to be sent to an industrial school and gives security to the satisfaction of two justices before whom such child may be brought for payment of the maintenance of such child in such school.

Every child who shall be found by any constable under circumstances which make such child a “neglected child” within the definition aforesaid may be immediately apprehended by such constable without any warrant and forthwith taken before any two or more neighbouring Justices of the Peace to be dealt with according to this Act.

Whenever any child shall be brought before any justices and charged with being a “neglected child” such justices shall proceed to hear the matter of the said charge and if the same shall be established to their satisfaction it shall be lawful for them to direct such child to be sent forthwith to any one of the said industrial schools established in the Province in which the adjudicating justices are for the time being sitting and occupied by and used for his or her sex to be there detained for not less than one year nor more than seven years and no “convicted child” within the meaning of this Act shall be sent to or maintained in any industrial school.

Whenever any child shall be convicted of any offence punishable by law either upon indictment or summary conviction it shall be lawful for the judge of the court before which or for two or more justices by whom such child shall be so convicted in addition to the sentence which may then and there be passed as a punishment for the said offence to direct such child to be sent at the expiration of such sentence to any one of the said reformatory schools established in the Province in which such judge or justices are for the time being sitting and occupied by and used for his or her sex to be there detained for not less than one year nor more than seven years and no child except a “convicted” child within the meaning of this Act shall be sent to or maintained in any reformatory school.

Any two or more justices shall when directing any child to be sent to an industrial or reformatory school state to what religious persuasion creed or denomination such child in their opinion belongs and shall order and direct that such child shall he brought up and educated in that persuasion creed or denomination Provided always that on the application of the parent or in the case of an orphan then of the guardian or any other adult person claiming to be the next of kin of any neglected or convicted child to any justices to change alter or vary the religious education of such child to that of any other creed denomination or persuasion than that in which such child is then being brought up or educated it shall be lawful for such justices to make such order as to them shall seem fit.

When the judge of any court or any two or more justices shall direct any “convicted child” to be detained under the provisions of this Act such directions shall not be included in or form any part of the judgment or adjudication of such court or justices but shall be a distinct and collateral proceeding.

Whenever any child shall be directed to be detained in any school established under this Act the judge or justices shall issue a mandate in such one of the forms contained in the first Schedule to this Act as shall be applicable to the case or to the like effect.

In every action for anything done in obedience to any such mandate as aforesaid by any person to whom the same may be directed or by any other person by his authority or command it shall be sufficient for the defendant to justify under such mandate alone without setting forth the previous proceedings in like manner as any sheriff can and may justify under any writ of execution issued out of the Supreme Court in any civil action and proof of the matters alleged shall be sufficient evidence in support of such plea.

Every mandate issued under this Act shall be executed and obeyed by the persons to whom the same is directed and delivered and shall be sufficient authority for the detention of the child therein mentioned according to the exigency of such mandate and the production thereof accompanied by a statement signed by the master or matron of any industrial or reformatory school that the child named in such mandate was duly received into and is at the signing thereof detained in such school or has been otherwise disposed of according to law shall in all proceedings whatsoever be sufficient evidence of the facts by this Act required to be stated in such mandate and of the subsequent detention and identity of the child named therein.

Notwithstanding the provision lastly hereinbefore contained it shall be lawful for the Governor at any time during the detention under the provisions of this Act of any such inmate as aforesaid by warrant under his hand to order the release of such inmate from the industrial or reformatory school in which he or she may be detained and he or she shall upon the production of such order be discharged accordingly and it shall be lawful for any two Justices of the Peace to remove any such inmate from any industrial or reformatory school maintained at the sole expense of any Province to any other industrial or reformatory school maintained at sole expense of such Province or from any industrial or reformatory school partly maintained by private contributions to any other such school as last aforesaid but no inmate shall be transferred from any industrial or reformatory school partly maintained by private contributions to any other such school unless he or she shall be a member of the denomination or one of the denominations by which the said last-mentioned school shall be partly maintained.

Notwithstanding anything hereinbefore contained it shall be lawful for the Superintendent of the Province in which any such industrial or reformatory school shall be to place any inmate of any industrial or reformatory school in such Province on trial with some person to be named in the license hereinafter mentioned who shall be willing to receive and take charge of and qualified to provide for and take care of such inmate and to grant to such inmate a license to reside with the person so to be named therein as aforesaid for any term not exceeding three years unless sooner called upon by the Superintendent to return to the said school and to require such inmate to return to the said school at any time during the said term unless he or she shall have been previously discharged as aforesaid and any inmate having such license who shall abscond from the person named therein during such term or shall neglect or refuse to return to the said school at the expiration of the said term or when required as aforesaid shall be held to have absconded from the said school Provided always that no such inmate shall be so placed out before the expiration of one half of the term of detention originally allotted.

The parent or step-parent of every such inmate shall (if of sufficient ability so to do) contribute to his or her support while so detained and any constable or the master of the school where such inmate shall be detained may apply to a justice for a summons to be served on the alleged parent or step-parent of such inmate for the purpose of obtaining such contribution.

On the return of such summons two or more justices shall proceed to hear the matter of the said complaint and if the relationship of the defendant and his ability to contribute to the support of such inmate be proved to the satisfaction of such justices they may by an order in the form contained in the second Schedule to this Act or to the like effect adjudge the defendant to pay such weekly sum not exceeding ten shillings for the maintenance of such inmate as such justices shall think fit.

It shall be lawful for any two justices on the complaint of any such parent or step-parent or of any person authorized as aforesaid at any time while the first or any subsequent order continues in force to make further inquiry into such parent’s or step-parent’s ability to contribute as aforesaid and to remit or lessen the amount of the weekly payment that shall have been adjudged by the last preceding order or to increase the same if they see cause so to do so that the amount shall not in any case exceed the weekly sum hereinbefore mentioned Provided always that when any such further inquiry shall have taken place such justices shall make an order in the form contained in the third Schedule to this Act or to the like effect.

Whenever after the making of any such order as aforesaid it shall be made to appear to any two or more justices by a complaint in writing and upon oath that any weekly sum to be paid in pursuance of such order has not been paid such justices may by warrant under their hands cause such parent or step-parent to be brought before them or some other justices to answer the said last mentioned complaint.

On the return of the said warrant two or more justices shall proceed to hear the matter of the said last-mentioned complaint and if the same shall be proved to be true such justices shall proceed to raise levy or enforce payment of the said weekly sums and the warrants thereupon may be in the form contained in the fourth Schedule to this Act or to the like effect.

The Superintendent of any Province with the advice of his Executive Council may for and during any time during which there shall be in such Province no school established pursuant to this Act for any class of children by this Act provided for may arrange with the Superintendent of any Province in which there shall be such a school established for a like class of children that such school may be used in common or in certain definite proportions for the children of such class found or requiring to be dealt with under the provisions of this Act in the Province in which no such school shall be established as well as for such children found or requiring to be dealt with in the Province in which such school shall be established.

The particulars of every such arrangement under the hands of the Superintendents parties thereto shall be published in the Government Gazette of New Zealand and the Government Gazettes of the Provinces affected thereby and every such arrangement shall take effect and be in force from and after such publication as aforesaid.

A copy of the General Government Gazette purporting to have been printed under the authority of the New Zealand Government by the Government printers for the time being and containing the particulars of any such arrangement purporting to have been made pursuant to this Act shall be admitted as evidence of such arrangement and of the particulars thereof respectively by all courts judges justices commissioners and other officers and persons judicially acting without any further proof.

To the extent and for the purposes authorized by any such arrangement and provided for by this Act the school to which any such arrangement shall relate shall be deemed and taken to be within any Province whose Superintendent shall be a party to such arrangement as well as within the Province in which such school shall be established and the powers duties obligations and liabilities of magistrates parents children created or enforceable by or by means of this Act in relation to such school in the Province in which such school shall have been established shall extend to and be enforceable against the magistrates parents children and others respectively subject to the provisions of this Act in any Province whose Superintendent shall be a party to such arrangement.

The master of every industrial and reformatory school with the consent in writing of the Superintendent of the Province in which any such school shall be established shall and may manage and demise for any term not exceeding three years the lands of or to which any inmate of such school is seized possessed or entitled and shall and may make allowances to and arrangements with all or any of the tenants or occupiers for the time being of the said lands and accept surrenders of leases and tenancies as fully and effectually as such inmate if of the full age of twenty-one years could do.

The master of every industrial and reformatory school with such consent as aforesaid shall and may demand sue for collect and receive all the rents and profits which shall be due to any inmate of such school and shall and may give effectual receipts and discharges for such rents and profits or so much thereof as shall be received and in case of non-payment of the said rents and profits or any of them or any part thereof in the name and on the behalf of such inmate may enter into and upon all or any of the lands in respect of which any rents or profits shall be unpaid and for the same rents and profits and the costs and expenses incurred by or incidental to the non-payment thereof may distrain and the distresses then and there found may dispose of in due course of law and may take and use all lawful proceedings and means for recovering and receiving the said rents and profits and for evicting and ejecting defaulting tenants and occupiers from all or any of the said lands and determining the tenancy or occupation thereof and for obtaining recovering and retaining possession of all or any of the lands held or occupied by such defaulters.

The master of every industrial and reformatory school with such consent as aforesaid shall and may in the name and on behalf of any inmate of such school commence and prosecute at law and in equity all actions suits claims demands and proceedings touching any lands estate interest or right of any inmate of such school or of his tenants therein or thereto or touching any matter or thing whatsoever in which any such inmate or his real or personal estate or effects may be in any way interested affected or concerned.

The master of every industrial and reformatory school with such consent as aforesaid shall and may appoint and remove at his pleasure any attorney or agent under him in respect of all or any of the matters aforesaid upon such terms and for such remuneration as the Superintendent of the Province giving consent shall think fit.

All moneys which under or by virtue of this Act shall come to the possession or control of the master of any industrial or reformatory school for or on account or for the use or benefit of any inmate of any industrial or reformatory school shall after making the deduction hereinafter mentioned be paid into the Colonial Treasury to be disposed of according to law.

All expenses incurred by the master of any industrial or reformatory school by and with the consent in writing of the Superintendent of the Province in which such school is in executing the trusts or powers reposed in him by this Act for or on behalf or on account of any inmate of such industrial or reformatory school and also such weekly sum not exceeding ten shillings as the Superintendent of such Province shall direct for the maintenance of such inmate shall and may be deducted from the moneys to be received as aforesaid.

In every case in which any person under the age of sixteen years has been or shall hereafter be convicted of felony or misdemeanor the Supreme Court of New Zealand or any judge thereof may upon the application of any person willing to take charge of such infant and provide for his or her maintenance and education if such court or judge shall find that the same will be for the benefit of such infant due regard being had to the age of the infant the prevention of crime and to the circumstances habits and character of the parents or testamentary or natural guardian of such infant assign the care or custody of such infant during his or her minority or any part thereof to such person upon such terms and conditions and subject to such regulations respecting the maintenance education and care of such infant as such court or judge shall think proper to prescribe and direct and upon any order for that purpose being made and so long as the same shall remain in force the same shall be binding and obligatory upon the father and upon every testamentary or natural guardian of such infant and no person shall be entitled to use or exercise any power or control over such infant which may be inconsistent with such order of the court or judge Provided always that the Supreme Court may at any time rescind such assignment or from time to time rescind alter or vary any such terms or conditions or such regulations as to the said court shall seem fit And provided also that the court shall and may award such costs as to them may seem fit against any such person who shall make such application as aforesaid if such application shall not appear to the court to be well-founded and such costs shall be payable to any parent who shall oppose such application.

In every case it shall be part of the terms and conditions last aforesaid upon which such care and custody shall be assigned that the infant shall not during the period of such care and custody be sent beyond seas or out of the jurisdiction of the Supreme Court.

No fee emolument or reward whatsoever shall be demanded or taken by any officer of the Supreme Court for any matter or thing done in the said court or by or before a judge thereof in pursuance of the provisions of the last two preceding sections and upon the making or opposing of any such application it shall be lawful for any judge of the said court to assign counsel learned in the law and to appoint a solicitor of the said court to advise and carry on or to oppose such application who are hereby required to do their duties therein without fee or reward.

Subject to the regulations to be made as hereinbefore mentioned all persons authorized in that behalf by the Superintendent of the Province in which any such school established under this Act is situate all members of the Executive Council of such Province all members of the Legislative Council or House of Representatives or of the Provincial Council of such Province all Judges of the Supreme Court or any District Court and all justices shall be entitled to visit every such school as aforesaid and shall have admission to the same accordingly.

Subject to the regulations to be made as hereinbefore mentioned all ministers of religion shall have admission to every industrial and reformatory school maintained at the sole expense of the Province in which it is situate and access to such of the inmates thereof as may be members of their respective denominations and may give instruction to them on the days and at the times allotted by such regulations for the religious education of the inmates of their particular denominations respectively.

Every person who by virtue of the provisions hereinbefore contained is entitled to visit any such school as aforesaid and every minister of religion may inscribe in a book (to be for that purpose provided and kept in such school by the master or matron thereof) any remarks or observations which he may think fit to make touching or concerning such school and the master matron teachers officers servants or inmates thereof or any of them.

If the master or matron of any industrial or reformatory school established under this Act or any teacher officer or servant thereof shall negligently or voluntarily permit any inmate thereof to escape therefrom every such offender shall on conviction thereof forfeit and pay any sum not exceeding twenty pounds.

If any inmate of any industrial or reformatory school shall abscond therefrom or wilfully destroy or damage any real or personal property belonging to any such school or wilfully neglect or refuse to obey or conform to any such regulation as aforesaid such inmate (if a male) shall on conviction thereof before two or more justices be liable at the discretion of such justices to be privately whipped and such inmate may if he has absconded be ordered by the said justices to be sent back to the school from which he shall have so absconded and to be there detained until he reaches the age of fifteen years or for such shorter period as to such justices shall seem reasonable.

Any person who shall directly or indirectly withdraw from any industrial or reformatory school any inmate thereof or counsel or induce him or her to abscond therefrom before he or she has been regularly discharged or who knowing any such person to have been withdrawn or to have absconded from any industrial or reformatory school shall harbor or conceal or assist in concealing such person or prevent him or her from returning to such school shall on conviction thereof forfeit and pay any sum not exceeding ten pounds.

Any person who without lawful authority or excuse shall hold or attempt to hold any communication with any inmate of any industrial or reformatory school and any person who shall enter any such school or any building yard or ground belonging thereto and shall not depart therefrom when required so to do by the master matron or other officer or servant of such school shall on conviction forfeit and pay any sum not exceeding twenty pounds.

Every information conviction mandate or warrant under this Act shall be deemed valid and sufficient in which the offence is set forth in the words of this Act and no conviction mandate or warrant shall be held void by reason of any defect therein Provided it be alleged in such conviction mandate or warrant that the party had been convicted of such offence.

For the more effectual prosecution of all offences against this Act any person found committing any such offence may be immediately apprehended without a warrant by any police officer or constable and forthwith taken before any neighbouring justice to be dealt with according to law.

Nothing herein shall affect or shall in any manner interfere with the execution of the sentence which may have been passed upon such infant on his or her conviction.