Evidence of young children.

Hearing of case in

(b) In any other case to the magistrate of the district in which the deposition has been taken;

and the magistrate to whom any such deposition is transmitted shall forward the same to the Minister of Justice.

12. Where, in any proceeding against any person for an offence under this Act, or for any of the offences mentioned in the Schedule to this Act, the child in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not in the opinion of the Court, understand the nature of an oath, the evidence of such child may be received though not given upon oath, if, in the opinion of the court, such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth; and the evidence of such child, though not given on oath, but otherwise taken and reduced into writing shall be deemed to be a deposition within the meaning of this Act. Provided that:

(a) A person shall not be liable to be convicted of

the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused; and

(b) Any child, whose evidence is received as aforesaid and who wilfully gives false evidence under such circumstances that, if the evidence had been given on oath, he would have been guilty of perjury, shall, subject to the provisions of this Act, be liable on summary conviction to be adjudged such punishment as might have been awarded had he been charged with perjury and the case dealt with summarily under section ten of the Imperial Summary Jurisdiction Act, 1879.

13. Where in any proceedings with relation to an offence 'sence of child. of cruelty within the meaning of this Act, or any of the offences

mentioned in the Schedule of this Act, the court is satisfied that the attendance before the court of any child in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with in the absence of the child.

cedure.

14. (1) Where a person is charged with committing an Respecting prooffence under this Act, or any of the offences mentioned in the Schedule to this Act, in respect to two or more children, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not be liable to a separate penalty or each child unless upon separate informations.

(2) The same information or summons may also charge any person as having the custody, charge, or care, alternatively or together, and may charge him with the offences of assault, ill-treatment, neglect, abandonment or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not be liable to a separate penalty for each.

(3) A person shall not be summarily convicted of an offence under this Act, or of an offence mentioned in the Schedule to this Act, unless the offence was wholly or partly committed within six months before the information was laid; but, subject as aforesaid, evidence may be taken of acts constituting or contributing to constitute, the offence and committed at any previous time.

(4) When an offence under this Act, or any offence mentioned in the Schedule to this Act, charged against any person is a continuous offence, it shall not be necessary to specify in the information, summons of indictment the date of the acts constituting the offence.

Appeal to Supreme

15. When, in pursuance of this Act, any person is convicted by a court of summary jurisdiction of an offence, Court. or when, in the case of any application to a court of

Trial of children in

camera.

Procedure when child is charged.

summary jurisdiction under this Act for an order committing a child to the care of any person, or for an order for contribution to the maintenance of a child, any party thereto thinks himself aggrieved by any order or decision of the court, he may within three months from the date thereof, appeal against such conviction, or order, or decision to the Supreme Court.

DELINQUENT CHILDREN.

16. (1) A child charged with an offence against the laws of Newfoundland or who is brought before a Judge under any of the provisions of this Act, shall not be tried or have his case disposed of in the police court room ordinarily used except as hereinafter provided.

(2) The Judge shall try such child or examine into his case and dispose thereof in some room other than the ordinary court room or, where this is not practicable,in the private office of the Judge, if he have one.

(3) Where a child, or a parent charged with an offence in respect of a child under this Act, is being tried, the Judge shall exclude from the room or place where such person is being tried or examined, all persons other than the counsel and witnesss in the case, officers of the Court or of any Society for the Protection of Children and the immediate friends or relatives of the child or parent.

17. (1) Where a complaint or information is made or pending against a child, the police official having charge of the child shall at once cause notice in writing to be given to the executive officer of the Society for the Protection of Children, if there be one in the district, who shall have opportunity allowed him to investigate the charge.

(2) Upon receiving such notice the officer may enquire into and make full examination as to the parentage and surrounding so the child and all the circumstances of the case

(3) Where it appears to the Judge that the public interest and the interest of the child will be best served thereby, an order may be made for the return of the child to its parents or friends, or the Judge may place such child under the guardianship of a Society for the Protection of Children or of a fit person.

18. (1) The Judge instead of committing a child to prison Power to commit delinquent child to may hand the child to the charge of a home for destitute home or institution. and neglected children or Industrial School or Society for the Protection of Children, and the managers of such home, school or society may permit its adoption by a suitable person, or may apprentice it to a suitable trade, calling or service, and the transfer shall be as valid as if the managers were the parents of such child.

(2) The parents of such child shall not remove or interfere with the child so adopted or apprenticed, except by permission in writing of the home, school or society.

by children.

19. (1) No child shall loiter in or on any dock, wharf, Respecting loitering quay or cove after 9 o'clock in the evening, or be there after that hour unless accompanied by his parent or guardian or an adult appointed by the parent or guardian to accompany such child.

(2) A child found in or on any dock, wharf, quay, or cove after the hour named in sub-section (1) unless so accompanied may be warned to go home by any constable or probation officer, and if after such warning the child is found loitering in or on any dock, wharf, quay or cove, such child may be taken by the constable or officer to his home.

(3) A parent who permits his child to violate this section shall for the first offence incur a penalty of $1 and for a second offence $2 and for a third or any subsequent offence $5.

20. Where a person is charged with an offence under Presumption as to this Act in respect of a child who is alleged to be under a age.

specified age, and the child appears to the Judge to be under

Power as to parents

Interpretation.

Short title.

that age, such child shall for the purpose of this Act be deemed to be under that age, unless the contrary is proved.

21. Where a parent applies to the Judge for an order for the production of a child committed under this Act, and the Judge is of the opinion that the parent has neglected or deserted the child, or that he has otherwise so conducted himself that the Judge should refuse to enforce his right to the custody of the child, the Judge may, in his discretion, decline to make the order.

22. For the purpose of this Act, unless the context otherwise requires,

The expression "child" means a person under the age of sixteen years.

The expression "offence of cruelty" means any of the offences mentioned in section two of this Act; The expression "fit person" includes any society or body corporate established for the reception or protection of poor children or the prevention of cruelty to children.

23. This Act may be cited as The Children's Act, 1921.

SCHEDULE.

Any offence under sections twenty-seven, fifty-five or fifty-six of the Imperial Offences against the Person Act, 1861, and any offence against a child or young person under sections five, forty-two, forty-three, fifty-two, or sixty-two of that Act, or under the Imperial Criminal Law Amendment Act, 1885.

Any offence under the Imperial Dangerous Performances Acts, 1879 and 1897.

Any other offence involving bodily injury to a child or young person.