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(b) Committed for trial for any such offence; or

(c) Bound over to keep the peace towards such

child;

by any court, that court, either at the time when the person is convicted, committed for trial or bound over, and without requiring any new proceedings to be instituted for the purpose, or at any time, and also any other court before which any person may bring such case, may, if satisfied on inquiry that it is expedient so to deal with the child, order that the child be taken out of custody, charge or care of the person so convicted, committed for trial or bound over, and be committed to the care of a relation of the child, or some other fit person, named by the court (such relation or other person being willing to undertake such care) until he attains the age of sixteen years or for any shorter period, and that court or any court of like jurisdiction may of its own motion, or on the application of any person, from time to time, by order renew, vary and revoke any such order; but no order shall be made under this section unless a parent of the child has been convicted of or committed for trial for the offence, or is under committal for trial for having been, or has been proved to the satisfaction of the court making the order to have been, party or privy to the offence, or has been bound over to keep the peace towards such child.

(2) Every order under this section shall be in writing, and any such order may be made by the court in the absence of the child; and the consent of any person to undertake the care of a child in pursuance of any order shall be proved in such manner as the court may think sufficient to bind him.

(3) Where an order is made under this section in respect of a person who has been committed for trial, then, if that person is acquitted of the charge, or if the charge is dismissed for want of prosecution, the order shall forthwith be void, except with regard to anything that may have been lawfully done under it.

Power and duties of persons having

6. (1) Any person to whose care a child is committed charge of children. under this Act, shall, whilst the order is in force, have the like control over the child if he were his parent, and shall be responsible for his maintenance, and the child shall continue in the care of such person, notwithstanding that it is claimed by his parent or any other person, and if any person:

(a) Knowingly assists or induces, directly or indirectly, a child to escape from the person to whose care he is so committed; or

(b) Knowingly harbours, conceals, or prevents from returning to such person,a child who has escaped, or knowingly assists in so doing;

he shall on summary conviction be liable to a fine not exceeding one hundred dollars or to be imprisoned, with or without hard labour, for any term not exceeding six months.

(2) Any court having power so to commit a child shall have power to make the like orders on the parent or other person liable to maintain the child to contribute to his maintenance during such period as aforesaid at the directon of the court;

(3) Any such order may be made on the complaint or application of the person to whose care the child is for the time being committed, and either at the time when the order for the child's committal to his care is made or subsequently and the sums contributed by the parent or such other person shall be paid to such person as the court may name and be applied for the maintenance of the child.

(4) If a person having the means or ability to pay, fails to pay any sum payable by him in pursuance of any such order, he shall be liable upon summary conviction to imprisonment for a term not exceeding three months.

(5) Where an order under this Act to commit a child to the care of some relation or other person is made in respect of a person who has been committed for trial

order under this section on the parent or other person liable to maintain the child prior to the trial of the person so committed.

(6) Any court making an order under this section for contribution by a parent of such other person may, in any case where there is any pension or income payable to such parent or other person and capable of being attached, after giving the person by whom the pension or income is payable an opportunity of being heard, further order that such part, as the court may see fit, of the pension or income, be attached and be paid to the person named by the court. Such further order shall be an authority to the person, by whom such pension or other income is payable, to make the payment so ordered and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to such first mentioned person.

(7) An order under this section may be made by any court before which a person is charged with an offence under this Act and without regard to the place in which the person to whom the payment is ordered to be made may reside.

sion of child to be

7. (1) In determining on the person to whose care the Religious persuachild shall be committed under this Act, the court shall considered. endeavour to ascertain the religious persuasion to which the child belongs, and shall, if possible, select a person of the same religious persuasion, or a person who gives such undertaking as seems to the court sufficient that the child shall be brought up in accordance with its own religious persuasion and such religious persuasion shall be specified in the order.

(2) In any case where the child has been placed, pursuant to any such order, with a person who is not of the same religious persuasion as that to which the child belongs, or who has not given such undertaking as aforesaid, the court which made the order, or any court of like jurisdiction, shall, on the application of any person in that behalf, and on its appearing that a fit person, who is of the same religious persuasion, or who will give such undertaking as

B

Custody of children brought before court

Powers respecting ill-treated children.

aforesaid, is willing to undertake the care of the child, make an order to secure his being placed with a person who either is of the same religious persuasion or gives such. undertaking as aforesaid.

(3) Where a child has been placed with a person who gives such undertaking as aforesaid, and the undertaking is not observed, the child shall be deemed to have been placed with a person not of the same religious persuasion as that to which the child belongs, and as if no such undertaking has been given.

8. Where any child is brought before a court, the court, if it thinks fit, may make an order for the committal of the child to the care of a relation or person named by the court, and the provisions of section five of this Act shall, so far as applicable, apply as if the order were an order under that section.

9. (1) If it appears to any stipendiary magistrate or to any justice on information on oath laid by any person, who, in the opinion of the magistrate or justice, is bona fide acting in the interests of a child, that there is reasonable cause to suspect that the child has been or is being assaulted, ill-treated, or neglected in any place within the jurisdiction of such magistrate or justice, in a manner likely to cause the child unnecessary suffering or to be injurious to its health, or that any offence under this Act or mentioned in the schedule to this Act has been or is being committed in respect of such a child, such magistrate or justice may issue a warrant authorizing any person named therein to search for such child, and, if it is found that he has been or is being assaulted, ill-treated or neglected in manner aforesaid, or that any such offence as aforesaid has been or is being committed in respect of the child, to take him to and detain him in a place of safety, until he can be brought before a court of summary jurisdiction, or authorizing any person to remove the child with or without search and detain him there until he can be brought before a court of summary jurisdiction; and the court before whom the child is brought may cause him to be dealt with in the manner

(2) Any magistrate or justice issuing a warrant under this section may by the same warrant cause any person accused of any offence in respect of the child to be apprehended and brought before a court of summary jurisdiction and proceedings to be taken against such person according to law.

(3) Any person authorized by warrant under this section to search for any child, or to remove any child with or without search, may enter (if need be by force) any house, building or other place specified in the warrant and may remove the child therefrom.

an

Imperial Act, 1898

10. As respects proceedings against any person for Application of offence under this Act, or for any of the offences mentioned in the Schedule to this Act the Imperial Criminal Evidence Act, 1898, shall apply as if in the Schedule of that Act a reference to this Act and to the Schedule of this Act were substituted for the reference to the Imperial Prevention of Cruelty to Children Act, 1894.

Respecting

11. (1) Where a justice is satisfied by the evidence of a depositions. registered medical practitioner that the attendance before a court of any child, in respect of whom an offence of cruelty within the meaning of this Act, or any of the offences mentioned in the Schedule to this Act, is alleged to have been committed, would involve serious danger to his life or health, the justice may take in writing the deposition of such on oath, and shall thereupon subscribe the same and add thereto a statement of his reason for taking the same, and of the day when and place where the same was taken, and of the names of the persons (if any) present at the taking thereof.

(2) The justice taking such deposition shall transmit it with his statement.

(a) If the deposition relates to an offence for which
any accused person is already committed for
trial, to the proper officer of the court for
trial at which the accused person has been com
mitted; and

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