The Illegitimate Children s Act UNEDITED being Chapter 156 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
Table of Contents 1 Short title PART I 2 Interpretation 3 Summons for child s support 4 Adjournment of hearing 5 Order for child s support 6 Enforcing order 7 Payment of moneys under order 8 When payment stops 9 Court may vary order 10 Court may rescind order 11 Court makes return of orders 12 Application of The Criminal Code PART II 13 Payment for necessaries furnished 14 Evidence required where mother is plaintiff 15 Action sustainable 16 Affidavit not evidence 17 Satisfaction or judgment: person other than mother 18 Mother 19 Other rights reserved FORM A
CHAPTER 156 An Act respecting the Support of Illegitimate Children Short title 1 This Act may be cited as The Illegitimate Children s Act. R.S.S. 1920, c.156, s.1. PART I Interpretation 2 In this Act, unless the context rio, requires, the expression: Court 1. Court means the judge of the district court of the judicial district in which the complainant resides sitting and acting as a justice of the peace or, subject to the provisions of The Police Magistrates Act, the police magistrate appointed under the provisions of the said Act of a city or town situate within the judicial district in which the complainant resides. 1912, c.39, s.1; R.S.S. 1920, c.156, s.2. Summons for child s support 3 Any single woman upon information (form A) upon oath that she is with child or has within six months next before the making of such information been delivered of an illegitimate child and charging some named person with being the father of such child and that he should pay her lying in expenses and contribute to the maintenance of such child may apply for and obtain from the court a summons requiring the person so alleged to be the father of such child to appear before the court to show cause why he should not pay the lying in expenses of said woman in connection with the birth of such child and contribute to the maintenance thereof. 1912, c.39, s.2; R.S.S. 1920, c.156, s.3; R.S.S. 1920, c.156, s.3. Adjournment of hearing 4 The court may adjourn the hearing of the case from time to time but no order shall be made upon such summons unless the woman appears and applies for the same within the space of forty days from the service of the summons on the person alleged to be the father of such child after the birth of the same. 1912, c.39, s.3; R.S.S. 1920, c.156, s.4; R.S.S. 1920, c.156, s.4.
4 c. 156 SUPPORT OF ILLEGITIMATE CHILDREN Order for child s support 5 After the birth of such child the court may, on the appearance of the person summoned or on proof that the summons was duly served on the person or left at his last place of abode two days at least before the hearing, and after hearing the evidence of such woman and such other evidence as she produces and also any evidence tendered by or on behalf of the person alleged to be the father of the child, and if the evidence of the mother is corroborated in some material particular, adjudge the man so summoned to be the putative father of the child, and may make an order upon the putative father for the payment to the mother of the child, or to anyone who may be appointed by the court to have the custody and charge of the child, of a sum not exceeding five dollars weekly for the maintenance and education of the child and of the expenses incidental to the birth of the child, and of its funeral expenses provided it has died before the making of the order, and of such costs as may have been incurred in the obtaining of the order, such weekly sum to be calculated from the birth of the child unless the court otherwise determines. 1912, c.39, s.4; R.S.S. 1920, c.156, s.5. Enforcing order 6(1) The case of nonpayment of any sum so ordered together with costs for twenty one days after the order was made, or such less time as the order may provide, and when and so often as any payment so ordered is in arrear such woman may procure from the court a summons returnable on the tenth day after the service thereof. (2) Such summons may be served on the putative father personally or in such manner as the court may in writing direct and shall require such putative father to attend at the time and place mentioned therein and show cause why the order should not be enforced as hereinafter provided. (3) The applicant and all witnesses whom the court thinks proper to be heard may be examined on oath touching the matters to be inquired into upon the return of such lastly mentioned summons. (4) If the person against whom the said order was made does not attend upon such summons and does not show good and sufficient reason for not attending thereon, and does not satisfy the court that he is unable to pay the sum then in arrear and owing under said order, the court may enforce the order and the payment of such sum in arrear by the like proceedings as under Part XV of The Criminal Code are applicable in the case of a penalty or fine imposed by a justice of the peace. 1912, c.39, s.5; R.S.S. 1920, c.156, s.6.
SUPPORT OF ILLEGITIMATE CHILDREN c. 156 5 Payment of moneys under order 7 All moneys payable under any order as aforesaid shall be due and payable to the mother of the child in respect of order under such time and so long as she lives and is of sound mind and is not confined in any gaol or prison and after the death of the mother of such child or whilst she is of unsound mind or is confined in a gaol or prison the court may if it sees fit by order appoint some person who with his or her own consent shall have the custody and charge of such child and may revoke the appointment of such person and appoint another person in his or her stead from time to time and every one so appointed to have the custody and charge of such child shall so long as such child is in his or her custody and charge and is wholly or partially maintained, clothed or educated by him or her be entitled to make application for the recovery of moneys becoming due under the said firstly mentioned order in the same manner and subject to the like conditions as the mother of such child may have done. 1912, c.39, s.6; R.S.S. 1920, c.156, s.7. When payment stops 8 No order for the payment of moneys made under section 6 shall, except for the purpose of recovering money previously due thereunder and unpaid, be of any force or validity after the child in respect of whom it was made has attained the age of thirteen years or after the death of such child. 1912, c.39, s.7 R.S.S. 1920, c.156, s.8. Court may vary order 9 The court shall have power from time to time upon the application of either the punitive father or the mother or any person appointed in her stead to vary any such order upon proof that the means of the putative father have been altered since the making of said order or of any order varying the terms of a previous order and upon such notice being given to any of the parties as the court may direct. 1912, c.39, s.8; R.S.S. 1920, c.156, s.9. Court may rescind order 10 The court may at any time while any such order for payment made hereunder is in force upon the application of the putative father and upon such notice as the court may direct being given to the mother or other person rescind or vary any order made hereunder as it sees fit and with such directions as to costs as it deems proper and any order as so varied may be enforced in like manner as the order originally made hereunder. 1912, c.80, s.9; R.S.S. 1920, c.156, s.10. Court makes return of orders 11 The court shall include in its returns to the Attorney General under The Magistrates Act all orders from time to time made by it under this Act and the same shall be kept on record, in the Department of the Attorney General. 1912, c.39, s.10; R.S.S. 1920, c.156, s.11.
6 c. 156 SUPPORT OF ILLEGITIMATE CHILDREN Application of The Criminal Code 12 Save as is otherwise specially provided by this or any other Act the provisions of Part XV and Part XXII of The Criminal Code shall apply to all proceedings under this Act save and except that there shall be no appeal from any order made hereunder other than in the manner set forth in sections 9 and 10. 1912, c.39, s.11; R.S.S. 1920, c.156, s.12. PART II Payment for necessaries furnished 13 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 necessities were furnished and was not then residing with his or her reputed father and maintained by him as a member of his family. 1912, c.39, s.12; R.S.S. 1920, c.156, s.13. Evidence required where mother is plaintiff 14 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. 1912, c.39, s.13; R.S.S. 1920, c.156, s.14. Action sustainable 15 No action shall be sustained under either section 13 or 14 unless it is shown upon the trial thereof: (a) 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 before a justice of the peace declaring that the person afterwards charged in the action is really the father of such child and that the said affidavit has within the time aforesaid been deposited in the office of the local registrar of the Court of King s Bench for the judicial district in which she resides; or (b) that the mother has obtained in order under the provisions of Part I against the person charged in the action as the putative father of the child in respect of whom such action is brought. 1912, c.39, s.14; R.S.S. 1920, c.156, s.15. Affidavit not evidence 16 Upon the trial of any action under this part the aforesaid affidavit or order shall not be evidence of the fact of the defendant being the father of the child. 1912, c.39, s.15; R.S.S. 1920, c.156, s.16.
SUPPORT OF ILLEGITIMATE CHILDREN c. 156 7 Satisfaction or judgment: person other than mother 17 Upon a judgment being obtained in an action under this Part by any person other than the mother the judge may person order that any moneys payable to the mother under an order under Part I against the defendant in such action as the putative father shall be charged with and shall be paid over to the person obtaining such judgment in discharge of the same. 1912, c.39, s.16; R.S.S. 1920, c.156, s.17. Mother 18 In case the mother obtains judgment under this Part against an person against whom she has obtained an order under Part I such judgment shall operate as satisfaction pro tanto only of such order and except as in the amount of such judgment the said order shall remain in full force and effect. 1912, c.39, s.17; R.S.S. 1920, c.156, s.18. Other rights reserved 19 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. Saskatchewan, District Court of To wit: FORM A (Section 3) INFORMATION 1912, 39, s.18; R.S.S. 1920, c.156, s.19. The complaint of of residing within the Judicial District of single woman who saith that she is with child (or has within six months next before the date hereof been delivered of an illegitimate child): That of is the father of such child and that he should pay her lying in expenses and should contribute to the maintenance of such child. Sworn (or affirmed) before me at the day of 19.... A Commissioner, etc.
Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER