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Families and Illegitimate Children, passed by the Lieutenant-Governor and Legislative Council of New Zealand, is hereby repealed: Provided that this repeal shall not affect the past operation of the enactment hereby repealed, nor any order made, right, liability, penalty, or forfeiture accrued or incurred, or any proceeding commenced under such enactment; and such order, right,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.

In this Act, if not inconsistent with the context, the following terms shall have the meanings hereinafter respectively assigned to them:—

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.

On the complaint, on oath, of any respectable person, or of any destitute person, that such last-mentioned person is a destitute person, and has a near relative within the colony of sufficient ability to support such destitute person, it shall be lawful for any one Justice of the Peace to summon such near relative to appear to answer such complaint.

Any Resident Magistrate may hear and determine such complaint in a summary way. Such Resident Magistrate, on being satisfied 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, suspend, alter, vary, or determine such order as to him shall seem meet.

On the complaint, on oath, made by the mother of any European or half-caste illegitimate child, under fourteen years of age, or on such complaint by any reputable person, that the father of such child 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.

Whether the defendant be present or not, any Resident Magistrate may in a summary manner inquire into such complaint, and, if satisfied that the defendant is the father of such child and of the truth of the complaint, may adjudge the man to be the putative father of such illegitimate child. The said Resident Magistrate may thereupon, 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.

Where it shall appear to the Resident Magistrate that the mother of any such illegitimate child is able to contribute to its support, he may direct that she shall so contribute, as well as the father, in such proportions respectively and in such manner as such 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.

Notwithstanding that the father or mother of any illegitimate child under fourteen years of age is dead or lunatic, the mother or other reputable person may make complaint on oath to any Justice of the Peace that such deceased or lunatic person is the father or 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.

The Resident Magistrate present may, in a summary manner inquire into the matter of the complaint, and, if satisfied that the deceased or lunatic person is the father or mother of such illegitimate child, and that the estate of such deceased or lunatic person is sufficient, after payment of the debts of such person, to support, or contribute to the support of any such child, may make such order 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 than reasonably sufficient to maintain such lunatic, no order shall be made.

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.

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.

Where an order shall be made for the maintenance of any illegitimate child, it shall be lawful for such Resident Magistrate 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.

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.

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.

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 be or she should not support his wife or his or her children.

Whether the defendant be present 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 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 such wife or any one 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.

If complaint be made on oath to a Justice by any woman, or by any reputable person, that there is reasonable ground to believe that the husband of such woman intends to desert her, or to leave her without 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 shall 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.

If reasonable cause be shown for the desertion or refusal to maintain a wife as aforesaid, the Resident Magistrate may, in his discretion, decline to make an order, unless it shall be established to the satisfaction of the Resident Magistrate that she is a destitute person.

Whenever an order shall be made for the maintenance of any wife, child, or destitute person, and any payment thereby directed to be made shall be in arrear for one calendar month, any Justice may, in a summary manner, if he think fit in his discretion, issue his warrant of distress, and may by warrant authorize and direct some person to 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 II., 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.

No notice or demand whatsoever shall be requisite before exercising such powers or any of them. The warrant shall, so far as regards any purchaser or person dealing with the person so authorized, be conclusive 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.

The receipt of the person so authorized as aforesaid shall be a good discharge to any tenant or other person for all moneys paid by him, and acknowledged in such receipt to be paid.

When any husband, father, mother, or near relative keeps himself or herself concealed or away from his or her usual place of abode, or is absent with intent to evade any payment directed to be made by an order, if the fact be proved on oath, any Resident Magistrate, 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.

Whenever upon complaint it appears that any person, not being a convict as defined by “The Convicts Forfeiture Act, 1871,” is imprisoned and has a wife or children, whether illegitimate 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, and without issuing any summons or requiring the presence of the 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.

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 for the bond fide purposes of maintenance, or for causing the children to be properly brought up and educated.

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.

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 or 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.

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 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 parents is or are, in the opinion of the Resident Magistrate, unfit to be intrusted with the custody of such child. And any Resident Magistrate may revoke the appointment of such person, and may appoint another person in his or her stead, as occasion may require; and every person so appointed to have the custody of any such child shall be empowered to make application, and do all things necessary for the receiving and recovering of all payments becoming due under any such order as aforesaid.

The costs of maintaining any deserted and destitute wife or child incurred by the Government of the colony or by any local body may be recovered from the husband or father of such deserted wife or child in a summary manner: Provided that not more than after the rate of forty shillings per week shall be recovered for each child or 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.

If the near relative (other than the father, stepfather, or stepmother) of any destitute and deserted wife or child shall, under the compulsion of an order made under the authority of this Act, pay any moneys for the support of such wife or child, such near relative shall be entitled in a summary manner to recover from the husband or father, as the case may be, of such destitute and deserted wife or 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.

The limitation of time in the fifth and forty-fifth sections of “The Justices of the Peace Act, 1866,” under which informations shall be laid or a complaint made shall not apply to any proceeding for the recovery of money under the last two preceding sections: Provided that such proceedings shall be taken within six years after such moneys shall have become due and payable.

When any destitute person shall have been maintained wholly or in part by the Government of the colony or any local body, the expense thereby incurred shall be deemed to be debt due from such 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 the Colonial Secretary or local body, or by any person authorized in writing by him or it: Provided that the plaintiff shall be nonsuited unless be 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.

If any destitute person or any deserted and destitute wife or child is maintained wholly or in part by the Government or by any local body, and such person has any real or personal property, the Colonial Secretary or local body, or any person instructed by 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, privileges, 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.

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 payment 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 be 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.

No warrant authorizing the sale of any land shall be issued until the Resident Magistrate is satisfied that the rents, issues, and profits of the real and personal estate are insufficient to maintain such destitute person or deserted and destitute wife or child.

When any person in whose favour an order for maintenance shall be made under the provisions of this Act shall be maintained by any charitable institution, the moneys made payable under such order shall be paid by the person directed by such order to pay the same to the managers of such institution, to be 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.

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.

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, prima facie, be deemed to have unlawfully deserted such wife, or children or child: Provided that nothing in this section shall prevent the Resident Magistrate from adjudging the fact of desertion on other evidence, or on proof of abandonment for a less period than sixty days, if he shall think fit. Por 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 from such residence, shall be deemed and taken to have been deserted without reasonable cause.

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.

Every summons issued under this Act may be served on the person summoned 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 and 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 investigating the case as sufficient proof of due 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.

All the provisions of this Act relating to the enforcement of orders for the payment of money for the maintenance of any child under this Act shall apply to orders made under the provisions of “The Married Women’s Property Protection Act, 1870.”

Any person aggrieved by any conviction or order made under the authority of this Act shall have the same right of appeal as 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.

This Act shall come into operation, in respect of persons of the aboriginal native race, in such districts and at such times as the 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.