CHAP. 119. person accepting the guardianship of a child opposite to the name of the child of whom the guardianship is transferred, shall be legal proof of such acceptance, and the signature to such document of the person transferring the guardianship shall be legal proof of such transfer. R. S., c. 99, s. 5.

Certain powers retained where

7. The agent of the committee of any charitable instichild placed out. tution, refuge or home which has transferred the guardianship of any child to any person within the province shall retain all powers of supervision and removal reserved in the transfer agreement. R. S., c. 99, s. 6.

Penalty for aid

leave guardian.

8. Any person who takes away or induces any child to ing children to leave the employ of any such guardian so constituted, or who without the consent in writing of such guardian and of such agent takes into his house or in any way harbors any child the guardianship of whom is transferred, shall be liable to a penalty of forty dollars. R. S., c. 99, s. 7.

Penalt for

cigars, &c.. to

16 years.

CHAPTER 119.

PREVENTION OF THE USE OF TOBACCO AND
OPIUM BY MINORS.

1. Any person who sells, gives or causes to be sold or selling giving given, any cigars, cigarettes, smoking or chewing tobacco, infants under snuff, or any other form or preparation of tobacco or opium for smoking, to any person, having reasonable cause to believe such person to be under the age of sixteen years, shall be liable to a penalty not exceeding twenty dollars; and in default of payment of such penalty, to be imprisoned for any term not exceeding thirty days. 1892, c. 50, s. 1. 2. Any person who,—

Penalties where person acts as agent.

(a) accepts any money or other valuable consideration to act as the agent of any person under sixteen years of age, in procuring for such person any cigars, cigarettes, smoking or chewing tobacco, or snuff, or any other form or preparation of tobacco or opium for smoking or chewing, or

(b) supplies to any person under sixteen years of age any cigars, cigarettes, smoking or chewing tobacco or any other form or preparation of tobacco or opium, for smoking or chewing, on the promise of any money or other valuable consideration,

in Penalties where cigars, years of age com

person under 16

mits offence

shall, be liable to a penalty not exceeding twenty dollars, CHAP. 120. and in default of payment of such penalty, to be imprisoned for any term not exceeding thirty days. 1892, c. 50, s. 2. 3. Any person under sixteen years of age who has his possession, or smokes, or in any way uses cigarettes, smoking or chewing tobacco or snuff, or any other against chapter. form or preparation of tobacco or opium, shall be liable to a penalty not exceeding five dollars, or to imprisonment for any period not exceeding seven days, and in default of payment of the money penalty to be imprisoned for any term not exceeding seven days. 1892, c. 50, s. 3.

CHAPTER 120.

OF THE MAINTENANCE AND REFORM OF

JUVENILE OFFENDERS.

ferred on

1. The council of any city, municipality or incorporated Powers contown within the province shall have power to make provision municipalities. out of the revenues of the city, municipality or town for the maintenance of boys sentenced by any judge, stipendiary magistrate, justice or justices, to be detained at either the Halifax Industrial School or St. Patrick's Home, at Halifax, at a rate not exceeding sixty dollars per annum for each boy.

(2.) Such council may fix the number of boys for whose maintenance at the said institutions it will become liable. 1890, c. 23, s. 1.

municipalities to

2. The said institutions are respectively authorized, sub- Power of ject to such regulations as are made in respect thereto, to limit number. receive and detain any boy so sentenced as aforesaid, and to collect from the city, municipality or town in which such boy was convicted, the expenses of his maintenance, not exceeding the rate aforesaid. 1890, c. 23, s. 2.

CHAP. 121.

Mother to have access to infant or custody of infant subject to regulations.

Order may be varied on

either parent.

CHAPTER 121.

OF THE CUSTODY OF INFANTS.

1. (1.) The Supreme Court or a judge thereof, upon the application of the mother of any infant (who may so apply without next friend) may order,

(a) that the petitioner shall have access to such infant at such time and subject to such regulations as the court or judge deems proper, or

(b) that such infant shall be delivered to the mother and remain in or under her custody or control, or shall, if already in her custody or under her control, remain therein until such infant attains majority or such age as the court or judge directs, and that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant, and otherwise, as the said court or judge deems proper.

(2.) The court or a judge may afterwards alter, vary or application of discharge such order on the application of either parent (in which case the mother may apply or oppose the application without next friend) or, after the death of either parent, on the application of the guardian of any such infant; and in every case may make such order respecting the costs of the mother and the liability of the father for the same, or otherwise as to costs, as the court or a judge thinks just. 1893, c. 11, s. 1.

Regard to be had to welfare of infant.

Court or judge may make order

2. In making such order the court or judge shall have regard to the welfare of such infant, and to the conduct or circumstances of the parents, and to the wishes as well of the mother as of the father. 1893, c. 11, s. 2.

3. The court or a judge may also make an order for the for maintenance. maintenance of the infant by the father thereof, or by payment out of any estate to which the infant is entitled of such sum or sums of money, from time to time, as, according to the pecuniary circumstances of the father, or the value of the estate, the court or judge thinks just and reasonable. 1893, c. 11, s. 6.

of adultery.

No order in case 4. No order directing that the mother shall have the custody of an infant shall be made by virtue of this Chapter in favor of a mother against whom adultery has been established by judgment in an action for criminal conversation at

the suit of her husband, or by sentence or decree of CHAP. 122. the Court for Divorce and Matrimonial Causes, or by Act of parliament. 1893, c. 11, s. 5.

in separation

5. No agreement contained in any separation deed made as to agreement between the father and mother of any infant shall be held to deed. be invalid by reason only of its providing that the father of such infant shall give up the custody or control thereof to the mother; but such provision may be declared valid and may be enforced by the court, provided always that the court shall not enforce any such agreement if the court is of opinion that it would not be for the benefit of the infant to give effect thereto. 1893, c. 11, s. 6.

order.

6. An appeal shall lie to the Supreme Court from every Appeal from order made by a judge under the provisions of this Chapter. 1899, c. 46.

CHAPTER 122.

OF THE ADOPTION OF CHILDREN.

1. Any person of the age of twenty-one years

wards

or up

Adoption of children, petition

for.

may petition the county court for the county court to county court district in which such person resides for leave to adopt as his or her child, another person younger than himself or herself, who is not the wife, husband, brother, sister, uncle or aunt, either of the whole or half blood of such petitioner. If the petitioner has a husband or wife living who is competent to join in the petition, such husband or wife shall join therein, and upon adoption the child shall be deemed the child of both. If a person not residing in the province desires to adopt a child residing in the province, the petition may be made to the county court for the county court district in which the child resides. 1896, c. 9, s. 1.

No decree for

2. (1.) No order for such adoption shall be made, except adoption to pass as hereinafter provided, without the written consent of the without written following persons, that is to say :

(a) the child, if above the age of fourteen years;
(b) of her husband, if she is a married woman;

(c) of the parents, or surving parent, or the parent
having the custody of the child, if any;

(d) of the mother only if the child is illegitimate; or
(e) of the person or persons substituted for any of the
above named by the provisions of this Chapter.

consent, &c.

CHAP. 122. (2) No person whose consent is by this Chapter made requisite shall be debarred from becoming the parent by adoption. In case of a subsequent adoption, the consent of the previous parent by adoption shall also be required. c. 9, s. 2.

Cases in which written consent not required.

Notice by

personal service where no consent, &c.

1896,

3.-(1.) The consent of the persons named in the preceding section, other than the child or the husband of such child, shall not be required if the person to be adopted is of adult age, nor shall the consent of any such person other than the child be required, if such person,

(a) is adjudged by the court bearing the petition to be incurably insane; or

(b) is imprisoned in any penitentiary in Canada under a sentence for a term of which more than three years remain unexpired at the date of the petition; or (c) for two years next preceding the date of the petition has wilfully deserted or neglected to provide proper care and maintenance for such child; or

(d) has suffered such child to be supported for more than two years continuously next preceding the date of the petition by a charitable institution incorporated by law, or as a pauper by a city, incorporated town, municipality, or province; or

(e) has been convicted of being a common drunkard, and neglects to provide proper care and maintenance for such child; or

(f) has been convicted of being a common night walker, or a lewd, wanton and lascivious person, and neglects to provide proper care and maintenance for such child.

(2.) Giving up a child by an instrument in writing for the purpose of adoption to a charitable institution incorporated by law, shall operate as a consent to any adoption subsequently approved by such institution.

(3.) If the child is supported as a pauper by a city, incorporated town, municipality, or province, notice of the petition shall be given to the overseers of the poor for the district in which the child resides. 1896, c. 9, s. 3.

4. When a written consent is not submitted to the court with the petition, the court shall order notice to be given to any person whose consent would be required but for the next preceding section, by personal service on him of the petition, and an order appointing a time and place for hearing the same, or if he is not found within the province, by publication of