Miscellaneous.

of com

35. The Lieutenant Governor may appoint commission- Appointment ers with the powers of a police magistrate to hear and deter- missioners mine complaints against juvenile offenders, apparently under the age of sixteen years.

[1909, c. 12, s. 25.]

age of child

36. Where a person is charged with an offence under this Presumptive Act in respect of a child who is alleged to be under a specified age, and the child appears to the judge to be under that age, such child shall for the purposes of this Act be deemed to be under that age, unless the contrary is proved.

[1909, c. 12, s. 26.]

CHAPTER 218.

An Act respecting the Support of Illegitimate
Children.

HIS

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

Short Title.

Short title

Liability of father of illegitimate child for necessaries

Corroboration

of evidence of mother

Conditions precedent to

1. This Act may be cited as "The Support of Illegitimate Children Act."

Action for Necessaries.

2. Any person who furnishes food, clothing, lodging or other necessaries to any child born out of lawful wedlock may maintain an action for the value thereof against the father of the child if the child was a minor at the time the necessaries were furnished and was not then residing with his or her reputed father and maintained by him as a member of his family. [1903(2), c. 9, s. 1.]

3. Where the person suing for the value of the necessaries is the mother of the child or a person to whom the mother has become accountable for the necessaries the fact of the defendant being the father shall not be proved or established without other testimony than that of the mother.

[1903(2), c. 9, s. 2.]

4. No action shall be sustained under the preceding two right of action sections unless it is shown upon the trial thereof that while the mother of the child was pregnant or within six months after the birth of her child she did voluntarily make an affidavit in writing before some one of His Majesty's justices of the peace for the Province declaring that the person afterwards charged in the action is really the father of the child, nor unless she deposited the affidavit within the time aforesaid in the office of the Clerk of the Supreme Court for the judicial district in which she resides or in the office of the Deputy Clerk if she resides in a Deputy Clerk's district. [1903(2), c. 9, s. 3.]

Evidence of paternity

Saving of

other rights and remedies

5. The affidavit shall not be evidence of the fact of the defendant being the father of the child. [1903(2), c. 9, s. 4.]

6. This Act shall not take away or abridge any right of action or remedy which without this Act might have been maintained against the father of an illegitimate child. [1903(2), c. 9, s. 5.]

CHAPTER 219.

An Act respecting the Use of Tobacco by Minors.

HIS

IS 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 Tobacco Act."

Sale of Tobacco.

2. Any person who either directly or indirectly sells or gives or furnishes to a minor under sixteen years of age cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a penalty of not less than one dollar or more than ten dollars with or without costs of prosecution, or to imprisonment with or without hard labour for any term not exceeding ten days, or to both fine with or without costs and imprisonment for the said term in the discretion of the convicting magistrate; and in case of a fine or a fine and costs being awarded and not being upon conviction forthwith paid the justice may commit the offender to the common gaol there to be imprisoned for any term not exceeding ten days unless the fine and costs are sooner paid.

[C.O. 1898, c. 92, s. 1.]

request of

3. This Act shall not apply to a sale to a minor under Written a written request or order of his parent, lawful guardian of parent, etc. or employer. [C.O. 1898, c. 92, s. 2.]

of age

4. A person who appears to the magistrate to be under Presumption sixteen years of age shall be presumed to be under that age unless it is shown by evidence that he is in fact over that age. [C.O. 1898, c. 92, s. 3.]

tobacco by

5. Except as provided in section 3 of this Act any Penalty for person to whom the sale of tobacco has been prohibited Prosecu under section 2 of this Act who either directly or indirectly minor in any way procures or permits the sale, disposal, gift or delivery to him by any person of any cigarettes, cigars or tobacco in any form shall be guilty of an offence and liable on summary conviction thereof to a fine not exceeding two dollars and in default of payment to imprisonment for a period not exceeding one month.

[C.O. 1898, c. 92, s. 4.]

6. The provisions of this Act shall only apply to cities, Application [C.O. 1898, c. 92, s. 5.]

towns and villages.

of Act

(d) TRUSTEES AND EXECUTORS

CHAPTER 220.

An Act respecting Trustees and Executors and the
Administration of Estates.

HIS

IS 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 Trustee Act."

Short title

[1903(2), c. 11, s. 1.]

Interpretation.

2. In this Act, unless the context otherwise requires, Interpretation "trustee" shall include an executor or administrator and a trustee whose trust arises by construction or implication of law as well as an express trustee and shall also include several joint trustees. [1903(2), c. 11, s. 2.]

Investments.

investment

Provincial

3.(1) Trustees having trust money in their hands Trustee which it is their duty or which it is in their discretion to invest Dominion, at interest shall be at liberty at their discretion to invest and school the same in any stock, debentures or securities of the securities Government of the Dominion of Canada or of any of the provinces of Canada or any debentures or securities the payment of which is guaranteed by the Government of the Dominion of Canada or of any province of Canada or in the debentures of any city, town, village, municipal district or school district in the Province.

on land

(2) Trustees shall also be at liberty to invest any trust First charges funds in their hands in securities which are a first charge on land held in fee simple provided that such investments are in other respects reasonable and proper.

etc., of

corporations

(3) Subject to the provisions of subsection (7) of this Debentures, section trustees shall also be at liberty to deposit trust certain funds with and to invest trust funds in terminable deben- approved tures or debenture stock of any approved corporation: Provided that such deposit or investment shall be in Proviso other respects reasonable and proper and that the debentures are registered and are transferable only on the books of the corporation in their name as the trustees for the particular trust estate for which they are held: