CHAPTER 240. An Act to establish an Industrial Refuge for Girls. INDUSTRIAL REFUGE, ss. 1,2. COMMITTAL OR REMOVAL TO REFUGE, DISCHARGE, SS. 15,16. DEPOSITIONS TO BE DELIVERED TO OFFICER RECEIVING PRISONER, s. 17. EXPENSES OF CONVEYING PRISONERS TO REFUGE, s. 18. NOTICE TO PARENTS, S. 19. RE-COMMITTAL OF GIRLS DISCHARGED ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Mercer Re 1. The Lieutenant-Governor in Council may set apart such Portion of the portion of the Andrew Mercer Ontario Reformatory for females formatory as he may think fit for the reception of girls under the age of may be set fourteen years. 42 V. c. 39, s. 1. apart for Refuge. 2. The said portion so set apart shall be called The Indus- Name of portrial Refuge for girls." 42 V. c. 39, s. 2. tion set apart Reformatory 3. The inspector of prisons and public charities and the Certain offisuperintendent, accountant, surgeon and school mistress of cers of Mercer the Andrew Mercer Ontario Reformatory for females, shall to act as offbe also the inspector, superintendent, accountant, surgeon, cers of Refuge and school mistress of the said industrial refuge for girls, and shall perform similar duties in respect to both institutions. 42 V. c. 39, s. 3. of other off cers. 4. The Lieutenant-Governor may appoint for the refuge Appointment such other officers and servants as may be required, or he may require any officer or servant of the said reformatory to act for both of the said institutions. 42 V. c. 39, s. 4. 5. Whenever a girl under the age of fourteen years is What convicts convicted under any Act of the Legislature of Ontario of may be sent to Refuge. an offence punishable on summary conviction and is thereupon sentenced and committed to prison in any common gaol, any Judge of the High Court, or the Judge of any County Court (in a case occurring within his county) may examine and enquire into the circumstances of such case and conviction, and may direct the offender to be sent either Proviso. Removal from to Refuge. forthwith or at the expiration of her sentence to the said refuge, to be there detained for a period of not less than two years and not exceeding five years, and such offender shall be liable to be detained pursuant to such direction unless, in the manner hereinafter provided or otherwise lawfully, sooner discharged: provided no one sent to the refuge under this section shall be discharged under this Act until the period for which she is sentenced for her said offence has expired. 42 V. c. 39, s. 5. 6. The inspector of prisons may, upon the application of Reformatory the superintendent, direct the removal from the reformatory to the said refuge of any girl under sixteen who is confined in the said reformatory for any offence within the jurisdiction of the Legislature of Ontario. 42 V. c. 39, s. 6. In certain other cases girls may be 7. A County or District Court Judge or Police Magistrate may by his warrant commit to the refuge any girl apparently Sent to Refuge. under the age of fourteen years who comes within any of the following descriptions : Mode of prolast section. 1. Who is found begging or receiving alms or being in any street or public place for the purpose of begging or receiving alms; 2. Who is found wandering and not having any home or settled place of abode or proper guardianship: 3. Who is found destitute and is an orphan, or has a surviving parent who is undergoing penal servitude or imprisonment; 4. Whose parent, step-parent or guardian represents to the Judge or Police Magistrate that he is unable to control the girl and that he desires her to be sent to the refuge: the word guardian as used herein shall include any officer of a society under whose charge the girl is, or any person standing in fact in the place of a parent although not lawfully appointed a guardian: 5. Who by reason of the neglect, drunkenness, or other vices of her parents or either of them, or of any other persons in whose charge such girl is, is suffered to be growing up without salutary control and education or in circumstances which render it probable that such girl will, unless placed under proper control, lead an idle and dissolute life. 42 V. c. 39, s. 7: 50 V. c. 8, Sched. 8. No formal information shall be requisite to authorize ceeding under proceedings being taken under the preceding section, but the Judge or Police Magistrate before issuing his warrant shall have such girl brought before him and shall in her presence take evidence in writing under oath of the facts charged and shall make reasonable enquiry into the truth thereof. 42 V c. 39, s. 8. obtain address 9. It shall be the duty of the Judge or Police Magistrate to Judge to obtain from the witnesses at the hearing, where practicable, of parents, etc. the residence of the parents of the girl, or of the persons with whom she resides, and their post office address. 42 V. c. 39, s. 9. and forms. 10. The proceedings to be taken and the forms to be fol- Proceedings lowed upon an application for a committal to the refuge. shall, unless where otherwise provided by this Act, be, as nearly as may be, in accordance with the proceedings and forms which are authorized in case of prosecutions before a Justice of the Peace for an offence punishable by imprisonment under the laws of Canada upon summary conviction. 42 V. c. 39, s. 10. 11. It shall not be necessary in the said warrant to fix any Time of detenperiod for the detention of any girl committed to the refuge, tion in Refuge. but every girl so committed shall be liable to be there detained for the purpose of learning some proper trade, or being taught some other means of earning her livelihood, or for the formation of industrious habits, for the period of five years, unless the Lieutenant-Governor shall sooner direct her discharge or the inspector shall make an order under section 20. 42 V. c. 39, s. 11. 12. The Lieutenant-Governor in his discretion may at any Transfer of time, and from time to time, order any girl confined in the said prisoners from Refuge to refuge, who is reported by the superintendent as incorrigible, Reformatory. to be transferred to the said female reformatory for any period not exceeding two months at any one time. 42 V. c. 39, s. 12 detention of 13. Where the confinement of any girl in the refuge is Judge or directed under this Act, the Judge or Police Magistrate may Magistrate either by his warrant authorize some female to convey the directions as may give said girl to the refuge, or he may give such directions as he to removal or considers advisable for the detention of the girl in some girls in certain proper place of confinement until a female provincial bailiff, cases. or other person lawfully authorized in that behalf, requires the said girl's delivery for the purpose of being conveyed to the refuge. 44 V. c. 32. s. 3. 14. In case the Judge or Police Magistrate directs the Notice of girl's detention under the next preceding section, he shall detention to be given to supercause the superintendent of the refuge to be forthwith intendent of notified of his action in the said matter: in case a female is Refuge. Superinten proper cases 15. It shall be the duty of the superintendent from time to dent to report time to report to the Provincial Secretary, for submission to for discharge. the Lieutenant-Governor, the cases of such girls as she is of opinion may with propriety be discharged from the refuge. 42 V. c. 39, s. 13, Applications for discharge of girls com section 7. 16. In case an application is made to any Court or Judge for the discharge from the refuge of any girl committed mitted under thereto under the provisions of section 7 of this Act, notwithstanding any irregularity in or insufficiency of the warrant or other proceedings, no order shall be made for such discharge in case the Court or Judge shall deem it for the benefit of the girl that she should remain in the refuge and it shall appear by the depositions taken before the committing Judge or Magistrate that she was liable to be committed to the refuge under the provisions of this Act. 42 V. c. 39, s. 14. Depositions to person receiv 17. The committing magistrate shall deliver to the conbe delivered to stable or other person having the execution of his warrant, the ing prisoner. depositions taken by him, or a certified copy thereof, which depositions or copy shall be delivered by the constable or other person to the superintendent or officer receiving the prisoner into the refuge; such copy shall be prima facie proof of the contents of the original depositions and shall be receivable in evidence upon any application for the discharge of any girl committed thereunder. 42 V. c. 39, s. 15. Expenses of conveying 18. The expenses of conveying to the said refuge any girl Cys to Re. committed thereto shall be paid by the county, city, or separate town in which such girl is committed. 42 V. c. 39, s. 16. persons fuge. Superintendent to send ents, etc. 19. The superintendent shall, upon the reception of any notice to par girl into the refuge, ascertain from the girl and from the depositions the address of the parents, guardian, or other person with whom such girl has been living, and shall send by mail, registered, a notice that such girl has been cominitted to the said refuge. 42 V. c. 39, s. 17. Power to apprentices. 20. In case any respectable and trustworthy person bind girls as is willing to undertake the charge of any girl committed to the refuge, either this Act or any other Act of the Legislature of this Province, whether she be over or under the age of twelve years, as an apprentice to the trade or calling of such person or for the purpose of domestic service, the superintendent may, with the consent of the inspector of prisons, bind the said girl to such person for any term not to extend beyond the girl's attaining the age of eighteen years, and the inspector shall thereupon order that such girl shall be absolutely discharged, or discharged on probation, and she shall be discharged accordingly; any wages reserved in any such indenture shall be payable to the girl or to some other person for her benefit. 49 V. c. 49, s. 1, part. charged on 21.—(1) The Judge of any County or District Court or any Re-committal Police Magistrate, or the inspector of prisons, may upon satis- of girls disfactory proof that any girl, who was sentenced under the pro- probation. visions of this Act or any other Act of the Legislature of this Province, and who has been discharged on probation, has violated the conditions of her discharge, order such girl to be re-committed to the refuge, and thereupon she shall be detained therein under her original sentence, as if she had never been discharged. (2) The said proof may be by oral evidence, and each of the said officers is hereby authorized to administer an oath to any person requiring to give evidence under this section. 49 V. c. 49, s. 1, part; 50 V. c. 8, Sched. CHAPTER 241. An Act respecting the Ontario Reformatory for Boys. INTERPRETATION, s. 1. NAME AND EXTENT OF REFORMATORY, ss. 2,3. OBJECTS OF REFORMATORY, s. 4. Notice to Inspector, s. 8. Powers of bailiff, s. 12. Warrant to person other than bailiff, s. 13. Bursar to give security, s. 24. Interest in contracts, s. 26. CONTRACTS TO BE MADE BY INSPEC- APPRENTICING BOYS, s. 33. TOR, S. 14. POWERS AND DUTIES OF INSPECTOR, ss. 15-19. DISCHARGE, ss. 34,35. H ER MAJESTY, by and with the advice and consent of the as follows: tion. 1. The word "county," whenever it occurs in this Act, shall Interpretainclude any union of counties for judicial purposes, and every judicial or territorial district now existing or that may be hereafter formed out of any portion of the unorganized territory in this Province; the word "sentence," unless where the context requires a different meaning, shall include any order made by |