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(3) The Court may order the costs and expenses of and Payment of relating to the application to be made and raised out of or from the stock or dividends in respect of which the same is made in such manner as the Court deems proper.

to banks, etc.

(4) This section shall be a full and complete indemnity Indemnity and discharge to all banks, companies and societies and their officers and servants for all acts and things done or permitted to be done pursuant thereto. [1913(2), c. 13, s. 18.]

Marriage Settlements of Infants.


19. (1) Every infant upon, or in contemplation of, his Marriage marriage may with the sanction of the Supreme Court make a valid and binding settlement, or contract for a settlement, of all or any part of his property over which he has a power of appointment, whether real or personal and whether in possession, reversion, remainder or expectancy, and every conveyance, appointment and assignment of such property or contract to make a conveyance, appointment or assignment thereof, executed by such infant with the approbation of the Court for the purpose of giving effect to such settlement, shall be as valid and effectual as if the person executing the same were of the full age of twenty-one years.

(2) This section shall not extend to a power which it is expressly declared shall not be exercised by an infant. [1913(2), c. 13, s. 19.]

the Supreme

20. The sanction of the Court to any such settlement or Sanction of contract for a settlement may be given upon the application Court of the infant or his guardian without the institution of an action, and if there is no guardian the Court may require a guardian to be appointed if it shall think fit and the Court may also require that any person interested or appearing to be interested in the property shall be served with notice of the application. [1913(2), c. 13, s. 21.]

of two next

21. Nothing in the next two preceding sections shall Application apply to a male infant under the age of twenty years, or to preceding a female infant under the age of seventeen years.


[1913(2), c. 13, s. 22.]


mother as


22. The father and mother of an infant or infants shall Father and be joint guardians of the estate of such infant or infants: joint Provided always that either father or mother may dele- of estate gate his or her authority over the estate of such infant or infants in writing to the other parent. [1920, c. 10, s. 9.]


23. (1) On the death of the father of an infant, the Surviving mother, if surviving, shall be the guardian of the estate of guardian of


Appointment of additional guardian by Supreme Court

Surviving father

guardian of estate

Appointment of additional guardian by Supreme Court

Application to Court


of guardian by Court

Removal of guardians

Guardian's authority

the infant, either alone, when no such guardian has been appointed by the father, or jointly with any guardian appointed by the father.

(2) Where no such guardian has been appointed by the father, or if such guardian appointed by the father is dead, or refuses to act, the Supreme Court or the District Court may from time to time appoint a guardian or guardians of the estate of the infant to act jointly with the mother.

(3) On the death of the mother of an infant, the father, if surviving, shall be the guardian of the estate of the infant, either alone, when no such guardian has been appointed by the mother, or jointly with any such guardian appointed by the mother.

(4) When no guardian of the estate of the infant has been appointed by the mother, or if the guardian appointed by the mother is dead, or refuses to act, the Supreme Court or the District Court may from time to time appoint a guardian or guardians of the estate of the infant to act jointly with the father.

(5) For greater clearness it is hereby declared that a mother of an infant or infants shall have the same rights as the father to appoint a guardian of the estate of such infant or infants after the death of herself.

(6) In the event of the guardians of the estate of an infant being unable to agree upon a question affecting the welfare of an infant, any of them may apply to the Court for its direction and the Court may make such order as may be deemed proper. [1920, c. 10, s. 9.]

24. Upon the application of an infant, or of any one on its behalf, when it is made to appear that the infant has no parent or lawful guardian or that such parent or lawful guardian is not a fit and proper person to have the guardianship of the infant, the Court may appoint a guardian or new guardian. [1913(2), c. 13, s. 24.]

25.-(1) Testamentary guardians and guardians appointed by order or letters of guardianship shall be removable by the Supreme Court or by the District Court for the same causes for which trustees are removable.

(2) Any such guardian may by leave of the Court resign his office upon such terms and conditions as may be deemed just. [1913(2), c. 13, s. 25.]

Authority of Guardians.

26. Subject to the provisions of this Act in respect thereto and except where the authority of a guardian appointed or constituted by virtue of this Act is otherwise limited, the guardian so appointed or constituted during the continuance of his guardianship

(a) shall have authority to act for and on behalf of Agent for the infant;



real and

(b) may appear in any Court and prosecute or defend Conduct of
any action or proceedings in the infant's name;
(c) shall, when he has given such security if any Management of
as may be ordered by the Court, have the charge personal
and management of the infant's estate, real and estate, etc.
personal and the custody of the infant's person
and the care of his education.

[1913(2), c. 13, s. 26; 1920, c. 10, s. 10.]

Adoption of Infants.

27. Any adult person, or a husband and wife jointly, Adoption may by petition to the Supreme Court apply for leave to adopt an infant or infants. [1913(2), c. 13, s. 27.]


28. The Supreme Court may, on the return of the peti- Order for tion, if satisfied of the ability of the petitioner or petitioners to bring up and educate the infant in a proper manner and of the fitness and propriety of the adoption, having regard to the welfare of the infant and the interest of the natural parents, if living, make an order for the adoption of the infant by the petitioner or petitioners. [1913(2), c. 13, s. 28.]


29. Unless such consent is dispensed with by the said Consents to Court no order for adoption shall be made without the written consent of the following persons duly verified by affidavit, that is to say:

(a) The infant when above the age of ten years;

(b) The parents of the infant or survivor of them; or
the parent, guardian or person having the custody
of the infant; or the mother only where the infant
is illegitimate;

(c) The parent by adoption in case of a subsequent

(d) One of the next of kin to the infant where such
infant has no parent or guardian.

[1913(2), c. 13, s. 29.]

30. When an order for adoption has been made the Effect of effect shall be

(a) to divest the natural parents, guardian or person

in whose custody the infant has been, of all legal
rights in respect of such infant and to free such
persons from all legal obligations and duties as
to the maintenance of such infant;

(b) to make such infant, for the purpose of the custody
of the person and right of obedience, to all intents
and purposes the child of the petitioner or peti-

order of

Succession to

estate of adopted parent

Succession to estate of

(c) to give the infant the same right to any claim for nurture, maintenance and education upon his adopted parent or parents that he would have were they his natural parent or parents.

[1913(2), c. 13, s. 30.]

31. As to succession to property an infant adopted in accordance with the provisions of this Act shall, in case of intestacy, take the same share of property of the parent by adoption that he would take if born to such parent in lawful wedlock, and he shall stand in regard to the legal descendants but to no other of the kindred of such parent in the same position as if born to such parent in lawful wedlock. [1913(2), c. 13, s. 31.]

32. (1) If a person adopted dies intestate his property, adopted child acquired by himself or by gift or inheritance from his parent by adoption or from the kindred of such parent, shall be distributed among the persons who would have been his kindred if he had been born to such parent in lawful wedlock; and property received by gift or inheritance from his natural parents or kindred shall be distributed in the same manner as if no act of adoption had taken place.

Child adopted
than in

(2) No person shall by being adopted lose his right to inherit from natural parents or kindred.

[1913(2), c. 13, s. 32.]

33. Any child, adopted elsewhere than in Alberta, and the adopted parents of such child shall, in the case of intestacy, have the same rights in respect of the property of each other in Alberta, that they would have if such property were situate in the place of the said adoption. [1913(2), c. 13, s. 33.]


Practice on application to Court

Exercise of
powers of

Supreme and

34. The practice and procedure on applications to the Court under this Act shall be governed by The Judicature Act and the Rules of Court. [1913(2), c. 13, s. 34.]

35. (1) Except where otherwise provided herein the District Court referred to in this Act shall be the District Court of the judicial district in which the infants or any or either of them reside.

(2) The powers conferred by this Act on the Supreme Court may be exercised by a judge thereof in Chambers. [1913(2), c. 13, s. 35.]


An Act for the Protection of Neglected and
Dependent Children.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Children's Protection Short title Act of Alberta."


[1909, c. 12, s. 1.]


2. In this Act, unless the context otherwise requires,
(a) "Child" shall mean a boy or girl actually or Child
apparently under the age of eighteen years;

Aid Society

[1910(2), c. 2, s. 23(1); 1916, c. 3, s. 17(1).]
(b) "Children's Aid Society" shall mean a society Children's
which has among its objects the protection of
children from cruelty and the care and control
of neglected children, and which has been approved
by the Lieutenant Governor in Council for the
purposes of this Act; and except in a municipality
in which there is a children's aid society shall also
mean the Superintendent;

(c) "Court of summary jurisdiction" shall mean Court of
a police magistrate, a justice of the peace appointed jurisdiction
as a commissioner under this Act or two justices;

(d) "Foster home" shall mean a home in which a Foster home
neglected child may be placed as a member of the


(e) "Judge" shall mean a judge or a retired judge of Judge
the Supreme Court or of the District Court, or a
police magistrate, or a justice of the peace appointed
as a commissioner for the trial of juvenile offenders,
or two justices; or one justice of the peace when
requested by the Attorney General to act in any
specified case;
[1917, c. 3, s. 4.]

(f) "Minister" shall mean the Attorney General or Minister
such other member of the Executive Council as
may be entrusted with the administration of this

(g) "Municipality" shall mean a city whether incor- Municipality
porated by special Act or otherwise, or a town,
village or municipal district;

(1911-12, c. 4, s. 34(1); 1913(1), c. 9, s. 23.]

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