Bill 65 (Legislature 3, Session 1)

L3 S1 10577

Alberta — Bills

BILL ~ - No.~ of 1910.

An Act Respecting Infants. (Assented to 1913.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follmrs: 1.. 'l'hi;; .~d may be ritcd u.~ "The Infant.~ Acl''. court mny 2. 'l'he Supreme Comt, upon -t.he npplicatiou of the mot.her of make or<ler Rs • f 1 1 · } f ' d k } to custody or au m ant, w 10 may app y wit lOUt a next nen , may rna e sue 1 =:.~.~~,[~~~t~~:llnt order. as the court sees fit regar~ing the custody f!f the infant, a.nd the nght of access thereto of mther parent, havmg regard to the wclfm·e of the infant, and to the conduct of the parents, and to the wif'hes as well of thP mother a,.; of the father, and mH~' nlt€1', Yary or discharge the order on the application of either parent, or, aftet the death of either parent, of any guardian appointed unoler thifl Ad, and in every case may make such order respectin~ the rosts of' the mother and the liability of the father for the smne, or othcrwi.o:e ns the Court may deem j nst.

Or<lo•r as to

(2) The Supreme Court may also make an order for the main- lnniutPntluce f 1 · f ·b 1 } f] tenalll'O o t 1e lll nut. v pnvment 'Y t H~ at 1er, or out of a11v P~tate to which the iufa'nt i,.;" entitlerl', of :-:uch smn fro111 time to time as according to the pecuniary circumstances of the father~ or thP value of tho estate the court deems reasonable. <>rch•r not to be ( :

l) No order dirceting that the mother ro:hall have the eustouv :;;·~~~~~::~{,·~~:our of or aeOC'ss to :m infant. f'hall he llHHle in favour of a motlH~r ~~~;;n~;~ against whom adultery has been established by judgment in an aetion for criminal conversation or for alimony. F~tt hers 1nay tlbpose of the <'U>tody of infants Action of guarrl !an for (lT0fPt 1f iOH Of wnr<!. 3.

Subject to the provisions of this Act and to any order which may be made by the Supreme Court the father of an infant, whether born at the time of the decease of the father or at the time en ventre sa mere, by deed or by his last will and testament in such manner and from time to time as he shall think fit may dispose of the custody and education of such infant, while he remains an infant, or for any lesser time to any person in posses sion or remainder.

(2) Such disposition shall be good and effectual against every person claiming the custody or education of such infant as guar dian in socage ror otherwise.

(3) The person to whom the custody of such infant is so l'()llllllit.t'<'d Jnny maintai11 an aetion agaim•t ·:my person ""ho wrong fullv takes away or detains him for t.he recovery of such infant ancf for damages for sueh taking away or detention for the use and benefit of the infant.

PoiVer of co~1rt 4. '\Yhere upon anv application by a parent for the production as to pro<lue- f . • " h c• C t . f'' . • t} t tl lion of or en:<t()(h· o an m1 ant t e anpreme our . 1;; o opunon 1a · w infant pare11't lu;,.: ahandrmed or dePerted the infant, or that he has other wi~'<c ~'<O conllnctecl himself that the court should refuse to enforce hi~ right to the custody of the infant, the court may in its dis cretion rlecline to make the order. Pmm of court 5.

If at the time of the application for the production of an ~~e~Jrtd~f ~~~·~Y- infant the infant is being brought up by another person, the court of .bringing up may in its discretion, if it orders the infant to be given up to the clnl<l. pare~1t furt.her order that the parent shall pay to such person the whole ~f the cost properly incurred in bringing up the infant, or sneh portion thereof as shall seem to the court to be just and reasonable, lun·ing regard to all the circumstances of the case.

('Qnrt In mak ing or<l~r to hn.ye regard to COillhl<'t of pare11t 2 6. Whe1~e a parent has-- (

a) Ahandoned or deserted his infant; or (

b) Allowed his infant to be brought up by another person at that person's expense, for such a length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties; the court ,.:hall not make an order for the delivery of the infant to the parent, unless the parent has satisfied the court that it would be for the welfare of the infb.nt so to do. Powe!· of Conrt 7. Upon any application In· the parent for the production or RS to lllf!\llt's t l f : f t 'f t} S • c t • f • • h l r•·ligions l'llS O< y o a.n Ill an , 1 Je uprem:e our .

IS o oplluon t at t 1e <·•lnmtlon purent ought not to have the custody of the infant and that the 111 fnnt is being brought up in a different. religion to that in which the parent has a legal right to require that the infant should be IJrought up, the court shall have power to make such order as it may think fit to secure that the infant be brought up in the religion in whieh the pare11t hm: n lrgal right to refjuire tlutt the infant should be brought up.

Nothing in this Act contained shall interfere with or affect the power of' the court to consult the wi:'lhes of the infant in consirlering what oder ought to he mnde, or dimiuil'lh the right whieh any infant now posseSl'es to the exercise of its own free choice. DPtinition> or 8. As u:;ed in the ~our })receding sections the expression .. J)HrPnt" and "P~'r"""" "pan'nt." of an infant inelnrks an~· perf'nn nt law lia.l>le to maintain sudt infant or cuti tlerl to his eu:3tody, and "person" includes any :;:chool or institution.

RuiPsofPqnity 9. ]n qnt•.4ion I'Platin•2: to the .<·u,llody and edJu·ation of infant:-: ~~ •. \"":·~·:~~;)~" the rule,; of equity :-hall prevail. ofinfunt!-'to pren\11 1!\F.\XTS' REAL EST.\TE: A "''le or tlu· 10. "'here an infant is seized, possessed of or entitled to any j';~~~~:~~~,r~~~ 00 real estate in fee or for a term of years, or otherwise, and the authoriw•l.

Supreme Court is of opinion that a sale, lease or other disposition of the same, or of a. part theJ.'Ieof, is necessary or proper for the maintenance or education of the infant or that for any cause his interest requires or will be substantially promoted by such dis position, the court. may order the sale, or the letting for a term of years, or other disposition of such real estate, or any part thereof, to he made under the direction of the court or of one of its officers, or by the guardian of the infant, or by a person appointed for the purpose, in such manner and with such restrictions as may be deemed expedient, and may order the infant to convey the estate.

No ,Rle

(2) No sale, lease, or other disposition shall be made contrary :i~~f~:.r:t~~" to the provisions of a will or conveyance by which .the esta.te has been devised or granted to the infant or for his use.

The applim tion to he by nPxt frit'tH1 or gunr•linn 11. 'l'he application shall be in the name of the infant by his nrxt. fl'ieiHl, or gnarr1iau: lmt shall not he made without the· consent of the infant if he is of the age of fourteen years or upwards unless the court otherwi:;;e directs or allows. \\'hpn a "'h~ti- 12. '\Yhere it is clpemerl r.onvenient, the conrt mav direct some ~'~1 ;;,~::\::,{•;'o olh~r person in the place of the infant to convey the estate. ('011\•py, n""'l' exeelltNI 13.

EYelT ~'>neh eonvevance, whether executed by the inf'ant or i::r:;;·, 1 :~:!,~;e by a per:-:011 impninl~rlto 'expc·nte t.l!e f'n!IIC in hi~ plaC'e. shall hen~ Ynli•l pffeetual aR if the infant had execut€r1 the snme, and had been of the a,ge of twenty-one ~-enr.;; at the time. Ttw court to 14. The money ari:o:ing from such sale, lease or other disposition ~:~~~~:.!\'i~n of "'hall he lni<1 ont, applied anrl dispo>'ed of in such manner a<5 the procr·•·•b <'Olll't clirec·ts.

3 ~:~~~l.~~,~~mm 15. On any sale or other disposition so made, the money raised, n(lon sat!' ef or the surplus thereof, shall be of the same nature and character as real e>tltte the estat-e sold or dispo~d of; and the heirs, next of kin, or other t'on~eut to assignment of !Pase by infnnt.

Or<ler for nmintenn.11Ce where e~tate >ettlerl for life with power of appointment in fnsour nf <'llildr~~~~ of lifP tcuant representatives of the infant, shall have the like interest in any surplus which may remain at the decease of the infant as they would have had in the estate sold or disposed of if no such sale or other disposition had been made. 16.

Where an infant i,; :-<eized of the reyer~ion of land subject to a lease and such lease contains a covenant not to assign or sublet without leave, the guardian of such infant may with the approba tion of a judge of the Supreme Court or of the JUdge of the District Court of the judicial district in which the land, or any part of it, is situate, consent to any assignment or transfer of such leasehold Hnerest, m the same manner and with the like effect as if t;l1e consent were given by a lessor under no such disability. 17 .. \Vhcre by a will or other instrument property is give11 beneficially to any pei~~on for his life with a power of devising or appointing the same by will in favour of his children, or ·of one or more of them, the Supreme Court may on the application, or with the eom,ent of the tenant for life, order that such portion of the proceeds {lf the property, as it may deem proper, shall be applied toward:< the maintenanee or education of any infant ehild, in whose favour the power might be exercised, notwithstanding that there i:< a gift over in the event of there being no children to take mH1er the power, or that there is a right conferred upon the tenant f0r life, or upon Rome other person in such event to make a cli,-:po~ition of the property ir. favour of some per~on other thau sueh ehn<lren.

DIVIDENDS OF INFANT's STOCK OR PROCEEDS THEREOF >:upr<·mP court 18. 'l'he Supreme Court by an order to be made on the appli :1i~-1'.t~~·::f: of ca:tion of the guardian of au infant in whnl'e uame auy stock or 'tock beloug- money by virtue of any statute for ,paying off any stock is standing iug to infants - - be applie<l for and who is beneficially entitled thereto, or if there is no guardian lllaiutemm<'e by an order to be made in any action, cause or matter depending in the court may direct all or any part of the dividends in respect of such stock or any such money to be paid to the guardian of such infant or to any other person for the maintenance and education or otherwise for the benefit of the infant.

Co~ts tna~· be <lirectecl to be pni<l

(2) Such guardian or other person to whom payment is directed to be made shall be named in the order and his receipt therefor shall be as effectual as if the infant had attained the age of twenty-one years and had signed and given the same. ( 3) The court may order the costs and expenses of and 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 us the court deems proper.

"~'~ '" ~o .. nu ( ..J.) 'I'hi~ ~·0ction t'lwll l·0 a fnll ancl comnlct.c indemnhv nurl indemnity to diseharg·e to nll banks, eomJanies and societies and their officers bottJks. ete. - h · 1 · d b d and servants for all acts an t mgs ( one or perm1tte to e one pnrsnaut thereto. :\1.\RRTAGE SE'l'TLIUIE:s'TS OF INFANTS. ll~fantnnar 19.

EYel'\' infant upon, or in contemplation of, his marriage "' 111 the • 1 I .. · f I R · C t k l'd 1 approbation or 1n t 1 t w sanctwu o t 1e "upreme our tnay rna ·e a va 1 anc g:;;,,~:~::,~~~~e lli n<li11g; ,-ettlemeu t, or con tract for n ,etf em en t, of all or any J?art vali<l '~ttl<'- of his property or property over which he has .a power ~f appomt !~:~~~:~~~;ou 1nen t, \vhetlt,er real or personal and \Yhether Ill possession, rever- ~ion, remainder or expedancy, and every conveyance, appointment and assignment of <'neh property or oontraot to make a convey ance, appointmen~ or a?~ignment thereof, executed by ~u?h infant with the approbation of the court for the purpose of g~vmg 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 ex pressly declared shall not be exercised by an infant. ~trn~i~~~~~ie 2.0. W.h.ere an appointment under a power of appointment or appointtnent a disentmhng assurance has been executed by an Infant tenant or <li>Pnta.iling · t 'l d 1 · ' f 1 d' ' ,J.,e<l to be void ~n ai un er t 1e provisiOns o t 1e next prece Ing

section and the mfant afterwards dies nuder age, such appointment or disentail ing assurance shall thereupon become absolutely void. Tlw <auction of the Snprl'JHe <'ourt to he given upon motion. 21.

The sanl'lion of the court to any such settlement or con~ tract for a ~eLtlemeut may be giYen upon the application of the infant or his guardian without the institution of an action, and if there is no guardian, the court may l'equire a guardian to be appointed if it shall think fit and the court may also require that any person interested or appearing to be inbe,rested in the property shall be served with notice of the application. 22. Nothing in the next tl::rl"ee preceding sections shall apply to a male infant under the age of twenty years, or to a female infant under the age of seventeen years.

GUARDIANS. on death or 23. On the death of the fathct· of an infant, the mother, if father. mother • · } 11 b 1 l' f tl ' f ' } 1 } to he gnar<Iian SUl'YIVlllg, s 1a e t 1e guarc wn o 1e In a.nt, mt 1·er a one, w 1en f,~~~'1j;.~~ith no gunrdinu has been appointed by the father, or jointly with ;,uwr; an:' guardian appointed by the father.

(2) Where no guardian has been appointed by the father, or if tho guardian appointed hy the father is dead, or refuses to act, the Supreme Court or the Distriet Conrt may from time to time appoint a guardian or guardians to act jointly with the MothPr rnny HlHlOint guardian in <'Prtaiu <'a:-.P!-' Conrt mltl' OJlpoint gunr<lian R"mm·al of guanliaiiS mother. (;;) The mother of an iufant may, by deed or will, U.J?point any person or persons to be guardian or guardians of the mfn.nt after the death of herself' and the father of the infant, if the infant be then unmarried, and where guardians are appointed by both parents they shall act jointly. ( 4) The mother of an infant may, by deed or will, provision ally nominate some fit person .or persons to act as guardiftn or guardians of tl1e infant after her death jointly with the father of the infant, and the" court after her death, if it be shown 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, or may make such other order in respect of the guardianship as may be deemed just. ( 5) In the event of guardians being unable to agree upon a question ·affecting the welfare of an infant, any of them may apply to the couvt for its direction, and the court may make such order as may be deemed proper. · 24.

Upon the application of an infant, or of any one on its hehalf, when it is made to appear that the infant has no parent or lawful guardian or thrut. 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. 25. 'I'el'tnmentary guardians and guardians appointed by order or lett.ers of' guardianship shall be removable by the Supreme Court or bv the Di~trirt Court for the same causes for which trn:'tees are" removable. (2) .:'Uly such guardian ma.y by leave of the court resign his ofl'ire upon such terms and conditions as may be deemed just.

nuardln,n\; authority To R{'t for war< I To Rppear in actions To manage real nu(l persoualPstatP. etc. 5 AU'l'HORITY OF GUARDIANS. 26. Unless, where the authority of a guardian appointed or eonstitl!-ted by virtue. of this A9t is otherwi~e limited, the guardian so ~ppomted or constituted durmg the contmua.nce of his guardian ship- (

a) Shall lun·e authority to act for and on behalf of the infant; (

b) l\Iuy appear in any court and prosecute or defend any action or proceeding in his name; (

c) Shall have the charge and management of the infant's estate, real and personal when he has given such security as may be ordered by H1e court or when security has been dispensed with by order of the court, have the custody of the infant's person and the care of his education. "\DOPTION OF INFANT. 27. },ny adult person, or a lmsbaf\d and wife jointly, may by petition to the Supreme Court apply for leave to adopt an infaut or infants. 28.

The Supreme Court may, on the return of the petition, if satisfied of the ability of the petitioner or petitio11ers to bring up and educate the infant in a proper manner and of the fitness and propriety of the adoption, having regard t.o the welfare of the infant and the intere:St of the natural parents, if living, make an order for the adoption of the infaut by the petitioner or petitioners. 29. Unless such consent is dispensed with by the said court no order for adoption shall be made without the written consent of the following persons duly verified by affidavit, that is to say: 1.

The infant when above the age of ten years; 2. 'rhe pm'Cnt.~ of the inf~mt or ;;nrvivor of them; or the parent, guardian or person having the custody of the infant; or the mother only where the infant is illegitimate; 3. 'rim parent by adoption in case of a subsequent adoption; 4. One of the next of kin .to the infant where such infant has no parent or guardian. 30. When an order for adoption has been made the effect shall be- l.

To divest the natural parents, guardian or person in whose custody the infa.nt has been, of all legal rights· in respeot of such infant and to free such persons from· all legal obligations and duties a.s to the maintenance of such infant; 2. To make such infant, for the custody of the person and right of obedience, to all intents and JHUposes the child of the petitipner or petitioners; 3. 'l'o give the infant the same right to any claim for nurture, maint,ena.ilCe and education upon his adopted parent or parents that he would have were they his natural parent or parents. AdoptPd infant 31..

A>l to succe.-;sion to property an infant adopted iu accord :,( ::;i;::1 ;1 :,~rTr anee with the provisions of this Act shall, in case of int~staey, L>orn to 1•nrent take the same share of propertv of the parent bY adopt11on tl1nt lw in m·dlock and • b 1 , • 1 f l d.l k d h 1 11 to >huH! in this would take 1f orn to sue 1 parent 1n aw u we oc -, a.n e s H1 ~~~~~~~:~~i~d' 1 " ~~tand in l'egard to the l~gal d·escendants. ~mt to ~1? other of the kindred of such parent m the same pos1hon as If born to such parent. in lawful wedlock. Arloptect infant 32.

If a person adopted dies intestate his property, acquired •lyinghisestat.e bv h1"mself or by gift or inheritance from his parent by adoption to descend as Jf J • • born to such or from the kindred of such parent E'hall be d1stnbuted among parent the persons who would have been his'kindred if he had been boni to sueh parent in lawful wedlock; and property received by gift or inheritance from his natural parents or kindred shall be dis tributed in the same manner as 1f no act of adoption had taken place.

(2) No person shall by being adopted lose his right to inherit from natural parents or kindred. 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 ~;Jfl!id adoption. 34. The practiee and proeedm~> 011 applif~atioolf' to the eonrt under this Act shall be governed by The Judicature 01·dinance and the Rules of Court. what Ulstrict 35.

Except where otherwise provided herein the District Court Courtor.Tudge f d . th' A . th n· . c f h . d' . 1 d' . t to act. re erre to m •lS ct 1s . . e 1str1et ourt o t ·e JU 1cm 1stnc in which the infants or any or either of them resioe.

(2) The powers conferr-ed by this Act on the Supreme Court may be exercised by a judge thereof in chambers.

~ F~TH SESSION FOUR ~D LEG~LATURE 11 GEORGE V 1913 BILL

An Act Respecting Infants. Received and read the First time .................... . Second time . . . . . . . .......... . Third time ........ : . ........ . :BON. C. W. CROSS ltDMONTON: f. W. jEFFERY, Government Printer &D-.1913 Title: 1913 (3rd, 1st) Bill 65,

An Act Respecting Infants

Document details

Collection	Alberta — Bills
Citation	L3 S1 10577
Type	bill
Volume / chapter	L3 S1 10577
Language	en
Format	json
Source	PROVINCIAL
Identifier	9f81eadc726a38b4bb51266475b52e02b37a9a8f

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