ascertain cause

return.

10. (1) When an immigrant child has been Director to returned to the custody of the organization or agent of child's after having been placed out, the Director shall ascertain, as far as possible, the true cause of such return, and such child shall not again be placed with any person by the organization or agent without the knowledge and approval of the Director.

contravention.

(2) Any organization or agent who contravenes Penalty for the provisions of this Section shall be guilty of an offence, punishable on summary conviction by a fine of not more than one hundred dollars and costs and shall further be liable to the forfeiture of the authority held by it under this Act.

Where child

taken.

11. Where a child who has been received by any deserts home or person as aforesaid, deserts the home or employment is wrongfully of such person of his own accord, or is wrongfully taken from the custody of such person, with or without the consent of the child, before attaining the age of eighteen years, the person from whose home or employment the child has deserted or from whose custody the child has been taken, shall immediately notify the Director, and shall give all reasonable assistance in recovering the child, under penalty, in case of default, of not more than twenty dollars and costs, and not less than five dollars and costs, to be recovered on summary conviction before a magistrate.

Medical

12. The Director may at any time require that examinations. any immigrant child be examined by one or more duly qualified medical practitioners as to its physical and mental condition.

placing child

authority.

13. Any person who, without authority from the Penalty for Governor-in-Council, places or causes to be placed without in this Province any immigrant child, not being his Proviso. own child or a child of whom he is acting as guardian or one towards whom he stands in loco parentis, shall, on summary conviction thereof by a Magistrate, be liable to a fine of not more than two hundred dollars and costs, nor less than twenty dollars and costs, and in default of payment, to imprisonment for any period not exceeding three months. This section

ive or delin

shall not apply in the case of any person, not acting as an agent or on behalf of any organization, who may be specially entrusted by the parents or guardian with the custody of the child, for the purpose of bringing the child into the Province and delivering him to the custody of some person in the Province; Provided that the person to whom the child is to be delivered is, in the opinion of the Director, a fit and proper person to be entrusted with the custody of the child, and further provided that the written approval of the Director has been secured.

Placing defect- 14. (1) Any person who knowingly places or quent children; causes to be placed in the Province any immigrant penalty. child who from defective intellect, or disease, or

Proceedings under section.

Where child be

comes public

recoverable

tion or agent.

physical infirmity, or any other defect is unable to follow any trade or calling, or any immigrant child who is known to be delinquent, or who has been reared or has resided amongst habitual criminals, or any immigrant child whose parents have been mental defectives, habitual criminals, lunatics, or idiots, or feeble-minded or defective or confirmed paupers, or diseased, shall on summary conviction thereof before a magistrate, be liable to a penalty of not more than two hundred dollars and costs, nor less than twenty dollars and costs; and in default of payment, to imprisonment for any period not exceeding three months.

(2) No proceedings against any person under this section shall be taken unless directed by the Director in writing, nor after the expiration of three years from the date on which the child was placed in the Province as aforesaid.

15. If any immigrant child who has been placed charge amount or caused to be placed in the Province by any organifrom organiza-zation or agent or other person, shall before reaching the age of twenty-one years become a charge upon the funds of any municipality or upon the Province, or be dependent upon private charity, such organization or agent or other person shall, if so required by the Director, pay to the municipality or the Province or to any person maintaining the child, as the case may be, the cost of maintenance of the

child, and the amount so payable shall be a debt which may be recovered by suit brought by the corporation or person entitled to the same.

Complaints of

16. If any person resident in the Province gives treatment or notice to the Director that an immigrant child is overwork. being ill-treated or over-worked, or is not being properly educated, or is being otherwise neglected, the Director shall cause the complaint to be investigated, and shall take all necessary steps to protect the child from further ill-treatment or neglect.

17. Any person with whom an immigrant child glect to provide has been placed, who ill-treats or overworks or neglects and education to provide for the proper maintenance and education of such child, shall upon summary conviction thereof before a magistrate be liable to a fine not exceeding five hundred dollars and costs, or to imprisonment with or without hard labour, for any term not exceeding six months, or to both fine and imprisonment.

institute pro

'violation of

18. The Director may institute proceedings against Director may any person for violating the provisions of this Act, ceedings for and he shall for that purpose inquire into all com- Act. plaints made to him against any organization or agent or other person, and report thereon to the Minister; and may, in his report, recommend that the authority given such organization or agent by the

19. A certificate in writing, signed by the Director, Certificate of stating the age of any person placed in this Province facie evidence. as an immigrant child under this Act, at the date when such person was so placed, shall, in any prosecution, action, or other proceedings instituted, brought, or taken under any Act of the Legislature of the Province on account of, or by, or against, or on behalf of any person so placed, be prima facie evidence as to the age of such person.

ization liable.

20. Nothing in this Act shall relieve any agent Agent or organor organization from liability to properly care for. protect and supervise any immigrant child.

Provisions of

Ch. 170, R. 8.

21. Any of the provisions of Chapter 170 of 1923, inconsist the Revised Statutes, 1923, inconsistent with this Act are repealed.

ent, repealed.

Not applicable to Dakeyne Farm, Falmouth.

Certain sections in force upon proclamation.

22. This Act shall not apply to the Dakeyne Farm at Falmouth in the County of Hants.

23. Sections 4, 6, 8, 9, 11 and 13 of this Act shall come into force from and after, but not before such day as the Governor-in-Council orders and directs by proclamation.

CHAPTER 8.

An Act Respecting the Laying Out of Private Ways.

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly, as follows:

Interpretation. 1. In this Chapter, unless the context otherwise requires:

Council.

Warden.

Commissioner.

Land.

Owner.

(a) the expression "Council" means the council for the municipality in which the road, alteration, landing or work is situated;

(b) the expression "Warden" means the warden for the municipality in which the road, alteration, landing or work is situated;

(c) the expression "Commissioner" means the person appointed by the council under the provisions of this Chapter;

(d) the expression "Land" includes any easement or right in land;

(e) the expression "Owner" includes any person having an interest in land or in an easement or right in land;

(f) the expression "Road" includes a bridge Road. or approach to a bridge, except in the provision prescribing the width of a road.

any may petition.

2. (1) Any freeholder or freeholders of Freeholders municipality may present a petition to the council praying for the obtaining and laying out of a private way or road, either open or pent.

to examine and

(2) If the council is satisfied that the application Commissioner should be granted, it shall order a precept to be lay out. issued to a competent person as a commissioner, directing him within a convenient time to examine whether the proposed private way or road is the most practicable and reasonable means of access for the person or persons petitioning for the said way or road to his or their lands or property or rights, and, if satisfied in respect thereto, to lay out the same in the manner most advantageous to the person or persons applying for the said way or road and least detrimental to the owner or owners of the land through which the same shall pass, and to mark out the same on the land.

to mark and

3. If the commissioner considers that the proposed Commissioner way or road is reasonable and practicable and requisite make plans. for the purposes of the person or persons applying therefor, he may lay out and mark the same and make plans thereof, in duplicate; if he considers otherwise he shall so report to the Council.

Agreement as

4. (1) The commissioner may make an agree-to compensament in writing as to the compensation therefor tion. with the owners of the land, the use of which is required for the purposes of the proposed private way or road.

(2) Such agreement shall contain a description To contain deof such land, a reference to the plan and the amount agreed upon for compensation.

to report to

(3) The commissioner shall transmit to the muni- Commissioner cipal clerk, to be laid before the council with his Council. precept, such agreement and a full report of his proceedings thereon.