Such guardians by bond. Condition of bond. Surrogate Court to which application may be made, and after proof of twenty days' public notice of the application and of notice thereof to the mother of such infant, or that such infant has no mother living in Upper Canada, the Judge of such Court may appoint some suitable and discreet person or persons to be guardian or guardians of such infant. 8 G. 4, c. 6, s. 1. 4. The Judge shall take from the guardian or guardians so to give security appointed a Bond in the name of the infant, in such penal sum and with such securities as the Judge directs and approves, having regard to the circumstances of the case, and such bond shall be conditioned that the said guardian or guardians will faithfully perform the said trust, and that he or they, the said Guardian or Guardians, or his or their respective executors or administrators, will, when the said ward becomes of the full age of twenty-one years, or whenever the said guardianship shall be determined, or sooner if thereto required by the said Surrogate Court, render to his or their said ward, or to his or her executors or administrators, a true and just account of all goods, moneys, interest, rents, profits or property of such ward, which come into the hands of such guardian or guardians, and will thereupon without delay deliver and pay over to the said ward, or to his or her executors or administrators, the property or the sum or balance of money, which may be in the hands of the said guardian or guardians belonging to such ward, deducting therefrom and retaining a reasonable sum for the expenses and charges of the said guardian or guardians, Bond to be re- and such Bond shall be recorded by the Registrar of the Court in the Books of his Office. 8 G. 4, c. 6. s. 1. corded. Guardians' authority. To appear in actions at law. To manage real and personal estate, &c. Bind ward an apprentice. AUTHORITY OF GUARDIANS. 5. The guardian or guardians of any infant so appointed, shall, during the continuance of his or their guardianship, have authority to act for and in behalf of the said ward: 1. And may appear in any Court and prosecute or defend action in his or her name ; any 2. And shall have the charge and management of his or her estate, real and personal, and the care of his or her person and education; 3. And in case the infant be under the age of fourteen years may with the approbation of two of Her Majesty's Justices of the Peace, and the consent of such ward, or in case the infant be not under the age of fourteen years, then with the consent of the ward only may place and bind him or her an apprentice to any lawful Limitation of trade, profession or employment; such apprenticeship, in case - apprentice .ship. of males, not extending beyond the age of twenty-one years, and in case of females, not beyond the age of eighteen years, or or the marriage of the ward within that age. 8 G. 4, c. 6, s. 2. see 14, 15 V. c. 11, s. 1. REMOVAL OF GUARDIANS. moved. 6. The Judge by whom any guardian or guardians have How guardians been appointed may, upon reasonable complaint made and sus- may be retained, or cause shewn to his satisfaction, remove such guardian or guardians from his or their said guardianship, and if it be judged necessary, may appoint another guardian or guardians of the said infant. 8 G. 4, c. 6, s. 3. testamentary 7. The practice and procedure under this Act, shall, except Procedure unwhere otherwise provided for by Rules or Orders under the der this Act in Surrogate Courts Act, conform, as nearly as the circumstances matters, &c. of the case will admit, to the practice and procedure prescribed by the said Surrogate Courts Act, and all the powers given by the several sections of that Act, to the Judges appointed or to be appointed as contained in the eighteenth and nineteenth sections, may from time to time be exercised by them, for the purpose of simplifying and expediting the proceedings, and for fixing and regulating the fees to be taken by Officers and by Attorneys and Counsel respectively for business and proceedings done and taken under this Act in the several Surrogate Courts. 22 V. c. 93, s. 64. CUSTODY OF INFANTS. may make or access to any the father or it under 12 years, and also maintenance. 8. Any of the Superior Courts of Law or Equity in Upper Court or Judge Canada, or any Judge of any of such Courts, upon hearing der for allowthe petition of the mother of any infant, being in the sole cus- ing the mother tody or control of the father thereof, or of any person by his infant in the authority, or of any guardian after the death of the father, may, sole custody of if such Court or Judge sees fit, make order for the access other person, or of the petitioner to such infant, at such times and subject to for its delivery such regulations as such Court or Judge thinks convenient and just, and if such infant be within the age of order for its twelve years, may make order for the delivery of such infant to the petitioner, to remain in the care and custody of the petitioner until such infant attains the age of twelve years, subject to such regulations as such Court or Judge may direct, and such Court or Judge may also make order for the maintenance of such infant by payment by the father thereof, or by payment out of any estate to which such infant may be entitled, of such sum or sums of money from time to time, as, according to the pecuniary circumstances of such father or the value of such estate, such Court or Judge thinks just and reasonable. 18 V. c. 126, s. 1. 9. The Court or Judge as aforesaid may enforce the Court or Judge attendance of any person before such Court or Judge, to testify in any such on oath respecting the matter of such petition by order or rule pel the attend made case may com ance of wit nesses. Orders enfor cess of con made for that purpose, and on the service of a copy thereof and the payment of expenses as a witness, in the same manner as in a suit or action in the said Courts respectively, or may receive affidavits respecting the matters in such petition. 18 V. c. 126, s. 2. 10. All orders made by the Court or a Judge by virtue of this eeable by pro- Act, shall be enforceable by process of contempt by the Court or Judge by which or by whom such order has been made. 18 V. c. 126, s. 3. tempt. Order not to be 11. No order directing that the mother shall have the custody of or access to an infant shall be made by virtue of this Act, in favor of a mother, against whom adultery has been es tablished by judgment in an action for criminal conversation, at the suit of her husband against any person. 18 V. c. 126, s. 4. And Cn / 33/65 Slavery prohi- vice or inden H' CAP. LXXV. An Act respecting Master and Servant. ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. SLAVERY PROHIBITED. 1. The Governor shall not grant a license for the importation of any Negro or other person to be subjected to the condition of a Slave, or to a bounden involuntary service for life, into any part of Upper Canada; nor shall any Negro, or other person, who comes or is brought into Upper Canada, be subject to the condition of a Slave, or to such service as aforesaid, within the same. 33 G. 3, c. 7, s. 1. No voluntary tures to be Verbal as well tween master be binding. 2. MASTER AND SERVANT. 3. All agreements or bargains, verbal or written, between Masters and Journeymen, or skilled Labourers, in any Trade, Calling or Craft, or between Masters and Servants or Labourers, for the performance of any duties or service of whatsoever nature, shall, whether the performance has been entered upon or not, be binding on each party for the due fulfilment thereof; but a verbal agreement shall not exceed the term of one year. 10, 11 V. c. 23, s. 1,-18 V. c. 136, ss. .1, 2. of their master after entering 4. If after any such engagement has been entered into, and Persons leavduring the period of such engagement, whether such employ- in the employ ment has been commenced or not, the person who thereby or refusing to undertook to perform any service or work, refuses to go to work, &c., work, or (without permission or discharge) leaves the employ of into an engagethe party whom he has engaged to serve, or refuses to obey the ment and conlawful commands of the person under whose direction such ser- shall be liable vices are to be performed, or neglects the service, or injures the to punishment. property of his employer, the offender shall (upon the complaint of such employer, or any person in charge under him) be liable to punishment for such offence as hereinafter provided. 10, 11 V. c. 23, s. 2,-18 V. c. 136, s. 2. trary thereto, servants to con 5. If any tavern keeper, boarding-house keeper or other per- Tavern keepson, induces or persuades any servants or labourers to confede- ers inducing rate for demanding extravagant or high wages, and prevents federate for detheir hiring, then upon due proof of the offence, such tavern manding higher keeper shall forfeit his license in addition to any fine, and such also subject to tavern keeper, boarding house keeper or other person shall be fine, &c. subject to fine or imprisonment, as hereinafter provided. 10, 11 V. c. 23, s. 3. wages to be keep wearing for any amount above $6. vant in pledge 6. No tavern keeper or boarding-house keeper shall keep the Tavern keepwearing apparel of any servant or labourer in pledge for ers, &c., not to any expenses incurred to to a greater amount than six apparel of serdollars, and on the payment or tender of such sum, or of any less sum due, such wearing apparel shall be immediately given up, whatever be the amount due by such servant or labourer; but this is not to apply to other property of the servant or labourer. 10, 11 V. c. 23, s. 4. SUMMARY PROCEEDINGS BEFORE JUSTICES. Peace on re 7. Any one or more of Her Majesty's Justices of the Peace Duties of Jusmay receive the complaints upon oath of parties complaining of tices of the any contravention of the preceding provisions of this Act, and ceiving commay cause all parties concerned to appear before him or them, parties for conplaints against and shall hear and determine the complaint in a summary and travention of expeditious manner, and punish parties found guilty of the this Act. offence alleged by fine or imprisonment, allowing such costs as may be legal and just. 8. All fines imposed under this Act shall be paid to the How fines to Treasurer of the County, Town or City in which the con- be disposed of. viction has been had, to be applied to the general uses of such County, Town or City respectively. or imprison 9. No Justice or Justices shall impose any fine exceeding Limit of fines twenty dollars, and no imprisonment shall exceed one month, ment. nor be less than one day. 10, 11 V. c. 23, s. 5. 10. In every case of a summary conviction under this Act Justices of the where the sum forfeited, or imposed as a penalty by the Justice, Peace may commit offenders to jail if the fine imposed be not paid. Persons contravening the preceding sec tions may be punished in any County in which they may be found. Justices of the Peace may likewise hear complaints by the servants against the em ployer for mis usage, nonpayment of wages, &c., mine the same. is not paid either immediately after the conviction or within such period as the Justice at the time of conviction appoints, the convicting Justice may commit the offender to the Common Jail of the county where such conviction has been had, there to be imprisoned for the time limited by such conviction. 10 11, V. c. 23, s. 6. 11. Any person offending against the preceding provisions of this Act may be prosecuted, convicted and punished in any county in which he may be found, and the offence shall be deemed to have been committed in such county, whether such county be or be not that in which his employer resides, or in which the contract of service was entered into. 10, 11 V. r. 23, s. 7. 12. Any one or more of such Justices, upon oath of any such servant or labourer against his master or employer concerning any misusage, refusal of necessary provisions, cruelty, ill-trealment or non-payment of wages, may summon such master of employer to appear before him or them at a reasonable time to be stated in the summons, and he or they or some other Justice or Justices shall, upon proof on oath, of the personal service and may de er- of such summons, examine into the matter of the complaint, whether the master or employer appears or not, and upon due proof of the cause of complaint, the Justice or Justices may discharge such servant or labourer from the service or employment of such master, and may direct the payment to him of any wages found to be due, not exceeding the sum of forty dollars, and the said Justice or Justices shall make such order for payment of the said wages as to him or them seems just and reasonable, with costs, and in case of non-payment of the same, together with the costs, for the space of twenty-one days after such order has been made, such Justice or Justices shall issue his or their warrant of distress for the levying of such wages, together with the costs of conviction and of the distress. 10, 11 V. c. 23, s. 8. Appeals to sions. APPEALS TO QUARTER SESSIONS. 13. Any person who thinks himself aggrieved by any such conviction or order for the payment of wages, or by any order of dismissal from service or employment, or any order or decision of any justice or justices under this Act, may appeal in the same manner as provided in the Act respecting appeals in cases of summary convictions, and in case of the dismissal of the appeal or the affirmance of the conviction, order, or decision, the Court appealed to shall order and adjudge the offender to be punished according to the conviction; or shall enforce the order for payment of wages or of dismissal, as the case may be, and for the payment of the costs awarded, and shall, if necessary, issue process for carrying such judgment into effect. 10, 11 V. c. 23, s. 9. CAP. |