of Surrogate 11. Upon the written application of the infant, or the When Judges friend or friends of the infant, residing within the jurisdiction Courts may of the Surrogate Court to which application is made, and after appoint guarproof of twenty days' public notice of the application, the Judge of the Court may appoint some suitable and discreet. person or persons to be guardian or guardians of the infant. R. S. O. 1877, c. 132, s. 2. dians. dians to give security by 12. The Judge shall take from every guardian appointed Such guarunder sections 10 and 11, a bond in the name of the infant, in such penal sum and with such securities as the Judge bond. directs and approves, having regard to the circumstances Condition of of the case, and such bond shall be conditioned that the bond. said guardian will faithfully perform the said trust, and that he, or his executors or administrators, will, when the said ward becomes of the full age of twenty-one years,. or whenever the said guardianship is determined, or sooner if thereto required by the said Surrogate Court, render to his ward, or to his executors or administrators, a true and just account of all goods, moneys, interest, rents, profits or other estate of the ward, which shall have come into the hands of the guardian, and will thereupon without delay deliver and pay over to the said ward, or to his executors or administrators, the estate or the sum or balance of money which may be in the hands of the said guardian belonging to the ward, deducting therefrom and retaining a reasonable sum for the expenses and charges of the guardian, and the bond shall be Bond to recorded by the registrar of the Court in the books of his be recorded. office. R. S. O. 1877, c. 132, s. 3; 44 V. c. 16, s. 11. 13. (1) On the death of the father of an infant, the mother, On death of if surviving, shall be the guardian of the infant, either alone, to be guardian father, mother when no guardian has been appointed by the father, or jointly alone, or jointwith any guardian appointed by the father. (2) Where no guardian has been appointed by the father, or if the guardian or guardians appointed by the father is or are dead, or refuses or refuse to act, the High Court or Surrogate Court, or any Judge of either Court, may from time to time appoint a guardian or guardians to act jointly with the mother, as such Court or Judge shall see fit. 50 V. c. 21, s. 2. ly with others. 14.-(1) The mother of an infant may, by deed or will, Mother may appoint any person or persons to be guardian or guardians of appoint guardian in certhe infant after the death of herself and the father of the infant tain cases. (if the infant be then unmarried), and where guardians are appointed by both parents they shall act jointly. (2) The mother of an infant may, by deed or will, provisionally nominate some fit person or persons to act as guardian or guardians of the infant after her death jointly with the Direction by matters affect Removal of guardians. Surrogate Court or Judge, mean ing of. Guardians' authority. To act for ward. To appear in actions. To manage real and per sonal estate, etc. Bind ward an apprentice. father of the infant, and the Court or a Judge after her death, if it be shewn to the satisfaction of the Court or a Judge that the father is for any reason unfitted to be the sole guardian of his children, may confirm the appointment of such guardian or guardians, who shall thereupon be empowered to act as aforesaid, or make such other order in respect of the guardianship as the Court or Judge shall think right. 50 V. c. 21, s. 3. 15. In the event of guardians being unable to agree among themselves or with the father upon a question affecting the welfare of an infant, any of them or the father may apply to the Court for its direction, and the Court, or Judge, may make such orders regarding the matter in difference as to the Court or Judge seems proper. 50 V. c. 21 s. 4. 16. Testamentary guardians and trustees, and guardians appointed or constituted by virtue of this Act shall be removvable by the Court or Judge, for the same causes as other guardians and trustees. 50 V. c. 21, s. 6. 17. The Surrogate Court or Judge referred to in sections 1, 13, 14, 15 and 16, is the Surrogate Court or Judge of the county where the infant or respondents, or any of them, reside. 50 V. c. 21, s. 7. Authority of Guardians. 18. The guardian of any infant appointed or constituted under or by virtue of this Act during the continuance of his guardianship, (unless where the authority of a guardian appointed or constituted under sections 13 or 14 is otherwise limited) 1. Shall have authority to act for and on behalf of the said ward; 2. May appear in any Court and prosecute or defend any action in his or her name; 3. Shall have the charge and management of his or her estate, real and personal, and the care of his or her person and education; 4. And in case the infant is under the age of fourteen years, may, with the approbation of two of Her Majesty's Justices of the Peace and the consent of the ward (or in case the infant is not under the age of fourteen years, then with the consent of the ward only), place and bind him or her an apprentice to any Limitation of lawful trade, profession or employment; the apprenticeship, in case of males, not extending beyond the age of twenty-one years, and in case of females, not beyond the age of eighteen years, or the marriage of the ward within that age. R. S. O. apprentice. ship. 1877, c. 132, s. 4; 44 V. c. 16, s. 2; 50 V. c. 21, s. 5. POWERS AND PRACTICE OF SURROGATE COURTS. Courts to have examina 19. In all matters and applications touching or relating to In matters of the appointment, control or removal of guardians, and the guardianship, security to be given, the custody, control of or right of same powers access to an infant, and otherwise, the several Surrogate torn of wit. Courts shall have the like powers, jurisdiction and authority nesses and enfor the examination of witnesses, the production of deeds and forcing dewritings, and generally for the enforcing of all orders, in testamenand judgments made or given as are given to them by The tary matters. Surrogate Courts' Act in matters testamentary; and all orders and judgments may be appealed from to the Court of Appeal or a Judge thereof in the manner provided in said Act for appeals in matters testamentary. R. S. O. c. 132, s. 6; 50 V. c. 21, s. 8. crees, etc., as Rev. Stat. c. 50. der this Act. 20. The practice and procedure shall, except where other- Procedure unwise provided for by Rules or Orders under The Surrogate Courts Act, conform, as nearly as the circumstances of the Rev. Stat. c. case will admit, to the practice and procedure prescribed by 50. the said Act, and all the powers given by the several sections of that Act, to the Judges appointed or to be appointed as contained in sections 76 and 78 of said Act, may from time to time be exercised by them, for the purpose of simplifying and expediting the proceedings, and for fixing and regulating the fees to be taken by officers and by solicitors and counsel respectively for business and proceedings done and taken under this Act in the several Surrogate Courts. R. S. O. 1877, c. 132, s. 7. 21. The attendance of any person to testify on oath Court or respecting any matter in any proceeding under this Act may compel the Judge may be enforced by order made for that purpose, and on the service attendance of of a copy thereof and the payment of expenses as a witness, in the same manner as in an action, or affidavits respecting such matter may be received. R. S. O. 1877, c. 132, s. 11. witnesses. 22. Nothing herein contained shall be construed to change Religious the law as to the authority of the father in respect of the education. religious faith in which his child is to be educated. R. S. O. 1877, c. 132, s. 13. 23. Sections 1, 13, 14, 15 and 16 of this Act shall not apply Application of to any children as to whom any application has been made ss. 1 and 13-16. to any Court or Judge with respect to their custody or maintenance, before the 23rd day of April, 1887, and whether or not such application was then pending. 50 V. c. 21, s. 9. The father of an illegitimate necessaries. CHAPTER 138. An Act respecting the Support of Illegitimate Children. HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: : 1. Any person who furnishes food, clothing, lodging or other child liable for necessaries, to any child born not in 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. R. S. O. 1877, c. 131, s. 1. When other · testimony than that of the mother requisite. No action maintainable unless the fore the birth within six 2. 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 be proved by other testimony than that of the mother. R. S. O. 1877, c. 131, s. 2. 3. No action shall be sustained under the last two sections, unless it is shewn upon the trial thereof, that while the mother mother makes of the child was pregnant, or within six months after the birth affidavit be of her child, she did voluntarily make an affidavit in writing, of the child or before some one of Her Majesty's Justices of the Peace for the months after. county or city in which she resides, 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 peace of the county, or the clerk of the council of the city, as the case may be. R. S. O. 1877, c. 131, s. 3. Such affidavit not to be evidence. Other reme affected. 4. The affidavit shall not be evidence of the fact of the defendant being the father of the child. R. S. O. 1877, c. 131, s. 4. 5. This Act shall not take away or abridge any right of dies not to be action or remedy which, without this Act, might have been maintained against the father of an illegitimate child. R. S. O. 1877, c. 131, s. 5. 3. MASTER AND SERVANT. CHAP. 139.-MASTER AND SERVANT, p. 1283. 66 140.-MASTERS AND WORKMEN, SETTLEMENT OF DISPUTES BETWEEN, p. 1288. 141.-COMPENSATION FOR INJURIES TO WORKMEN, p. 1294. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: SLAVERY PROHIBITED. 1. The Lieutenant-Governor shall not grant a license for the Slavery proimportation of any negro or other person to be subjected to the hibited. condition of a slave, or to a bounden involuntary service for life, into any part of the Province of Ontario; nor shall any negro, or other person, who comes or is brought into this Province, be subject to the condition of a slave, or to such service as aforesaid within the same. R. S. O. 1877, c. 133, s. 1. MASTER AND SERVANT. contract of 2. No voluntary contract of service or indentures entered in- No voluntary to by any parties shall be binding on them, or either of them, service or infor a longer time than a term of nine years from the day of dentures to be the date of such contract. R. S. O. 1877, c. 133, s. 2. binding longer than nine years. |