CHAPTER 55. An Act to amend "The Children's Potection Act, Be it enacted by the Governor, Council, and Assembly, as follows: 1. Clause (f) of section 12 of Part II of Chapter 4 Interpretation. of the Acts of 1912, "The Children's Protection Act," is repealed and the following substituted therefor: 2. "(f) "Shelter" or "temporary home" includes any industrial school, reformatory institution, orphanage for boys or girls, or any private home authorized by the superintendent or by a children's aid society or a society for the protection of children, approved by the Governor-in-Council for the purposes of this Act, or any other institution subject to the inspection of the Inspector of Humane and Penal Institutions, but not a jail, prison or prison cell. defined. Section 12 of said chapter is amended by add-"Guardian" ing thereto the following clauses: (h) "Guardian" includes any person who has in law or in fact the custody or control of any child: defined. (i) "Child" means a boy or girl apparently "Child" under the age of sixteen years. 1 released under Offender where 3. Section 30 of said Chapter 4 is amended by whose control. adding thereto the following: "Any juvenile offender so released shall be under the supervision and control of a children's aid society or of the Superintendent.” Parent may be adjudged to 4. Section 32 of said Chapter 4 is repealed and pay for child's the following substituted therefor: support. Sub-section (1) of Section 18 of amended. (32) The judge before whom any child is brought, under the provisions of this part of this Act, or of Part III of this Act, may, after hearing the parent, adjudge him to pay towards the support of such child to the Children's Aid Society or to the Superintendent, a sum not exceeding two dollars per week, and such sum may be sued for and recovered by such society or superintendent as an ordinary debt. 5. Sub-section (1) of Section 18 of said Chapter 4 said Chapter 4, is amended by inserting immediately after the word "Society" in the eighth line of said sub-section, the words "or to the Superintendent," and by inserting immediately after the word "Society" in the ninth line of said sub-section the words, "or Superintendent." Judge upon making order to give certain notices. Notice fixes liability. 6. Said section 18 is further amended by adding thereto the following sub-sections: (2) Every judge upon making an order under section 18 of this Act, shall give notice in writing to the mayor or warden of the city, town or municipality in which such child has a settlement, and a copy of such notice, together with a copy of the order, shall be transmitted at once to the Superintendent. (3) The notice given pursuant to the foregoing sub-section shall fix the liability of the city, town or municipality to which such notice is given for the payment of the said sum, unless the city, town or municipality shall, within thirty days from the service of said notice, give a notice in writing to the Judge who passed the sentence, that it is claimed that the boy or girl so sentenced had no settlement in the city, town or municipality sought to be held liable under this Act. When such last mentioned notice is given the Judge shall fix a time, within thirty days, for the hear ing of evidence, and enquire into the settlement of such boy or girl, of which hearing all parties interested shall be notified. order to be (4) The Judge, after hearing any evidence ad- Settlement duced on such enquiry, shall make an order declaring made. in what city, town or municipality such boy or girl has a settlement, or declaring that such boy or girl has no settlement within the Province, and the city, town or municipality in which it is so declared that such boy or girl has a settlement, shall be liable for the payment required by this Act. (5) The costs of the hearing under the application Costs of order for the fixing of the settlement, shall be paid by the how payable. said city, town or municipality, if any, in which such boy or girl is declared by order of the Judge to have a settlement, and if it is found upon such enquiry that such boy or girl has no settlement within the province, such costs shall be paid out of the Provincial Treasury. 7. Penalty for Said Part II of this Act is amended by adding promoting or there to the following sections: (40a) Any person who knowingly or wilfully is guilty of any act or omission which causes, produces, promotes or contributes to a child becoming neglected within the meaning of Section 17 of this Act, shall be liable, on summary conviction before a judge, to a fine not exceeding one hundred dollars, or to imprisonment for a period not exceeding one year, or to both fine and imprisonment. (40b) The Judge may impose conditions upon any person found guilty under this section, and suspend sentence, subject to such conditions, and upon proof at any time that such conditions have been violated, may pass sentence on such person. contributing to child becoming neglected. Judges' powers. warrant to child. (40c) The Judge, on information on oath laid be- Judge may issu fore him by the agent of a children's aid society, or search for any person who in the opinion of the Judge is acting in the interests of the child, that there is reasonable cause to suspect that a child has been or is being ill treated or neglected in any place, may issue a warrant authorizing any person named therein to search for Powers under such child and to take him and detain him in a place of safety until he can be brought before the Judge. (40d) Any person authorized by warrant to said warrant. search for such child, may enter, if needs be, by force, any house, building or other place specified in the warrant, and may remove the child therefrom. It shall not be necessary in either the information or the warrant laid or issued under this section to describe the child by name. Penalty for person having child. (40e) Any person who, having the care, custody, charge, etc., of control or charge of a child, ill treats, neglects, abandons or exposes such child to be ill treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or serious injury, shall be guilty of an offence under this Act, and upon conviction before a judge, shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding one year, or to both fine and imprison Child may be placed in foster home. Penalty for inducing child to leave shelter or detains. ment. (40f) The trustees, directors or governing bodies of any incorporated orphanage, infants' home, industrial school, girls' home, refuge or shelter, may transfer any child under their guardianship to the Superintendent or to a children's aid society, to be placed out in a foster home under the provisions of this Act. (40g) Any person who, (a) induces any child to leave a shelter or temporary home; (b) induces or attempts to induce any child placed in a foster home under the provisions of this Act, to leave such foster home; (c) induces or attempts to induce any child to break any indenture or agreement entered into under authority of any part of this Act; (d) detains or harbors such a child, shall be guilty of an offence under this Act, and upon conviction before the Judge shall be liable to a fine of not more than one hundred dollars or to im- (40h) Any person who knowingly or wilfully obstructs (a) an officer of a children's aid society; (b) the Superintendent; (c) the agent of the Superintendent in the discharge of his duty in carrying out the provisions of this Act, shall be guilty of an offence under this Act, and on summary conviction before the Judge shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding one year. (40i) The form of order for delivery in the second Form of order. schedule to said Chapter 4 of the Acts of 1912, is repealed and the following substituted therefor: alleged neglected and dependent child, has been brought before.. by the Superintendent of Neglected and Dependent Children, to determine if the said.. be a neglected and dependent child within the meaning of the statute in such case made and provided; And whereas, due notice of this investigation has of the said child, and the said .. appeared; Upon hearing the evidence offered by the said SuperIntendent of Neglected and Dependent Children and upon hearing what was alleged by all the parties, and having duly investigated the facts,.. a do find that the said neglected and dependent child within the meaning |