(2.) No child shall at any time be admitted or permitted CHAP. 116. to remain in any saloon or place of entertainment where or to saloon, &c. any intoxicating liquors are sold, exchanged, or given away, or in any of the places of amusement known as dance houses, billiard rooms, cippi rooms, clubs, or concert saloons, unless accompanied by his or her parent or guardian.

(3.) No child shall at any time be admitted or permitted or to dancing to remain in any dancing class unless,

(a) accompanied by his or her parent or guardian, or (b) by the consent of such parent or guardian expressed in writing. R. S., c. 95, s. 1.

class except

on certain conditions.

(4.) Every proprietor, keeper or manager of any one of Penalty. the places enumerated in this section who admits a child thereto or permits him or her to remain therein, except as herein provided, shall be guilty of a violation of this Chapter. R. S., c. 95, s. 1.

3-(1.) Any justice of the peace, sheriff, constable, or officers may police officer, may at any time enter in and upon any of the visit premises. places mentioned in the next preceding section, in order to ascertain if there are any children therein; and if any children are found therein, may take them into custody and bring them before a justice of the peace for examination.

(2) Every such proprietor, keeper or manager who, upon being so required by such justice or officer, refuses to open his place or to grant free admission thereto, shall be guilty of a violation of this Chapter.

(3) Every person who obstructs any such justice or officer in the performance of his duty under this section shall be guilty of a violation of this Chapter. R. S., c. 95, s. 2.

4. When any parent, or other person having the care children cruelly and custody of a child, is convicted before any court or magistrate,

(a) of having assaulted, beaten, illused or abandoned such child, or of having treated such child with habitual cruelty and neglect, or

(b) of permitting such child to grow up without salutary parental control, or in circumstances exposing him or her to lead an idle and dissolute life, and the court or magistrate before whom such conviction is had deems it desirable for the welfare of such child that the person so convicted should be deprived of the custody thereof, such court or magistrate may commit such child to an orphan asylum, or other institution for the care of children, or make such other disposition of such child as is provided by law in cases of vagrant, truant, disorderly, pauper or destitute children. R. S., c.

95, s. 3.

treated, how disposed of.

CHAP. 117.

be on person

5.

When any person is charged with an offence against Proof of age to this Chapter in respect to an infant, who in the opinion of the court trying the case is apparently under the age of sixteen years, it shall lie on the person charged to prove that such infant is above that age. R. S., c. 95, s. 4.

charged with

offence.

General penalty.

Penalty to go to society prosecuting.

6. Every person convicted of any offence against this Chapter shall for every such offence be liable to a penalty not less than twenty dollars or more than one hundred dollars, and in default of payment to be imprisoned for any time not less than thirty days or more than ninety days. R. S., c. 95, ss. 5, 6.

7. Whenever any prosecution under this Chapter is instituted by any society incorporated for the prevention of cruelty any penalty imposed and collected in such prosecution shall belong to such society. R. S., c. 95, s. 7.

Interpretation. "Infant."

"Master."

Age at which

infants may be

bound.

By whom infants may be bound.

CHAPTER 117.

OF APPRENTICESHIPS.

1. In this Chapter unless the context otherwise requires, (a) the expression "infant " means a male person under the age of twenty-one, and a female person under the age of eighteen,

2.

(b) the expression "master" means any person to whom an infant is bound apprentice under the provisions of this Chapter and includes "mistress."

(1.) Infants under the age of fourteen may be bound as apprentices or servants under this Chapter until they reach that age.

(2.) Infants above the age of fourteen years may be so bound until,

(a) if males, they reach the age of twenty-one years, or (b) if females, they reach the age of eighteen years or marry. R. S., c. 98, s. 1.

3.-(1.) Infants may be bound,

(a) by their father, or

(b) by their mother if they are illegitimate, or if their father is dead, insane, absent or otherwise incompetent, or

(c) by their guardian, if any is appointed, and both CHAP. 117. father and mother are dead, insane, absent or otherwise incompetent, or

(d) by themselves with the approval of two justices of the peace, if they have no parents competent to act and no guardian.

(2.) In the case of any infant above the age of fourteen years being bound by his parent or guardian, the consent of such infant shall be expressed in the indenture and signified by his signing the same. R. S., c. 98, s. 2, 3.

may bind

4. The overseers of the poor for any poor district may Overseers of poor bind as apprentices or servants the infant children of any children.

person who is in need of relief from such district and has a settlement therein, and also all infants who are themselves in need of such relief and have such settlement, and in such cases the master shall be bound by the indenture of apprenticeship to make provision for the instruction of such apprentices or servants, in reading, writing and arithmetic, and for such other instruction, benefit and allowances, either during the term of apprenticeship or services or at the end thereof,

bound only by

as the overseers think reasonable. R. S., c. 98, s. 6, 7. 5-(1.) No infant shall be bound otherwise than by an Infants to be indenture in duplicate, executed by both the parties thereto, indenture. and when made with the approval of two justices of the peace, such approval shall be in writing signed by them upon each part of the indenture.

indenture.

(2.) One part of the indenture shall be kept for the use of Custody of the infant by the parent or guardian executing the same, and when made by the overseers of the poor, or with the approval of two justices of the peace, it shall be deposited with the town clerk or clerk of the municipality for the use of the infant, and the other part thereof shall be kept by the master to whom the apprentice is bound. R. S., c. 98, ss. 4, 5, 8.

be paid to

6. All considerations of money or other things paid or Consideration to allowed by the master upon any contract of apprenticeship or apprentice. service under this Chapter, shall be paid or secured to the sole use of the infant bound thereby. R. S., c. 98, s. 9.

inquire as to

children.

7. Parents, guardians, justices of the peace and overseers Parents &c. to shall inquire into the treatment of all infants bound by them treatment of respectively, or with their approval, and in the case of guardians and overseers of all who have been bound by their predecessors in office, and protect them from all cruelty,

CHAP. 117. neglect and breach of contract on the part of their masters. R. S., c. 98, s. 10.

Misconduct of master.

Hearing by justices.

Where complaint dismissed.

Appeal.

Apprentices guilty of misconduct, how punished.

8. In case of any misconduct or neglect of the master, a complaint may be made in writing by the parents, guardians, justices, or overseers, to any two justices of the peace for the county in which the master resides, setting forth the facts and circumstances of the case; and the justices, after having duly notified the master, shall hear and determine the same. R. S., c. 98, s. 11.

9. After hearing the parties, or the complainants alone if the master neglects to appear, the justices may order that the infant be discharged from his apprenticeship or service, and give the costs of the proceeding against the master, and may issue execution accordingly, and the infant may be thereupon bound out anew. R. S., c. 98, s. 12.

10. If the complaint is not sustained, the justices shall award costs against the complainants, and shall issue execution therefor, provided that in case of such a complaint by overseers, the justices shall not award costs against them, unless it appears that the complaint was made without reasonable cause. R. S., c. 98, s. 13.

11. Any person feeling himself aggrieved by the decision of any justices under the next three preceding sections, may appeal therefrom to the county court for the county in which the master resides at its next term in such county, and such appeal shall be perfected and determined in the same manner as in civil actions. R. S., c. 98, s. 14.

12. If any apprentice or servant bound as in this Chapter unlawfully departs from the service of his master, or is guilty of any gross misbehaviour, or refusal to do his duty, or wilful neglect thereof, any justice of the peace, upon complaint on oath made to him by the master, or by any one on his behalf, may issue a warrant to apprehend the apprentice or servant and bring him before the same or any other justice; and if the complaint is supported, the justice may order the offender to be returned to his master, or may commit him to the common jail for a term not exceeding twenty days, unless sooner discharged by his master. R. S., c. 98, s. 15.

CHAP. 118.

CHAPTER 118.

OF THE TRANSFER OF IMMIGRANT AND

ORPHAN CHILDREN.

Chapter.

1. This Chapter shall apply only to children brought Application of into this province from abroad, and to the orphan children of deceased Protestant parents, received into and trained at the Protestant Orphans' Home in the city of Halifax. R. S., c. 99, s. 9.

the

in the United

guardianship.

charitable insti

2. Indentures of apprenticeship and transfer agreements Indentures made respect to infants entered into in the United Kingdom, Kingdom. shall be in all respects binding in this province. R. S., c. 99, s. 1. 3. An agreement in writing by the parent or next of Transfer of kin of an infant, to assign all rights whatever over such infant to a third person named in such agreement, shall be considered a transfer of guardianship of such infant, and shall be binding in the case of males until they attain the age of twenty-one years, and in the case of females until age of twenty-one, unless sooner married. R. S., c. 99, s. 2. 4. In the case of children taken into charitable institu- Managers of refuges or homes, over whom all rights of tutions, when guardianship are assigned by their guardians or relatives to ans; their the committee or managers of such institutions, such man- powers. agers or the representatives of such committee shall be deemed the legal guardians of such children, and may transfer all rights of guardianship; and such persons so qualified as legal guardians, or the agents of such persons, may bind out any such child or children, and transfer all rights of guardianship to any person or persons who are willing to receive such child or children, and contract in writing to fulfil such obligations as are required by law of a parent or guardian. R. S., c. 99, s. 3.

tions or

deemed guard

transfer, how

3. The signatures of any such person so transferring, Agreement of and of any person so taking over, the guardianship of a proved. child or children, to a transfer agreement shall be proof in law of an agreement by the person so taking over such child or children to fulfil such obligations as are required by law of a parent or guardian. R. S., c. 99, ss. 4, 8.

Several children may be included

6. A separate document shall not be required in the case of each child so transferred; but a document headed with in one agreethe transfer agreement, and bearing the signature of each

ment.