18 The managers of a certified reformatory school may, at any time after the expiration of eighteen months of the period of detention allotted to a youthful offender, by licence under their hands, permit him to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him. Any licence so granted shall not be in force for more than three months, but may at any time before the expiration of such three months be renewed for a further period not exceeding three months, to commence from the expiration of the previous period of three months, and so from time to time until the youthful offender's period of detention is expired. Any such licence may also be revoked by the managers of the school, by writing under their hands, at any time before the expiration of such period of three months, and thereupon the youthful offender to whom the licence related may be required by the managers, by writing under their hands, to return to the school. The time during which a youthful offender is absent from a certified reformatory school in pursuance of a licence under this section shall, except where such licence has been forfeited by his misconduct, be deemed to be part of the time of his detention in the school, and at the expiration of the time fixed by his licence he shall be taken back to the school. Any youthful offender escaping from the person with whom he is placed in pursuance of this section, or refusing to return to the school at the expiration of the time fixed by his licence, or any renewal thereof, or when required to do so on the revocation of his licence, shall be liable to the same penalty as if he had escaped from the school itself. 29 & 30 Vict. c. 117. Placing offenders out on licence. 19 The managers of a certified reformatory school may, at any Power to time after an offender has been placed out on licence as aforesaid, apprentice if he conducted himself well during his absence from the school, offenders. bind him, with his own consent, apprentice to any trade, calling, or service, notwithstanding that his period of detention has not expired, and every such binding shall be valid and effectual to all intents. (b) Offences in relation to Reformatory Schools. rules. 20 If any offender detained in a certified reformatory school Refusal to wilfully neglects or wilfully refuses to conform to the rules thereof, conform to he shall, upon summary conviction before a justice or magistrate having jurisdiction in the place or district where the school is situate, be imprisoned, with or without hard labour, for any term not exceeding three months; and at the expiration of the term of his (b) Larger powers of advantageously launching children into useful careers are given by sec. of the Reformatory and Industrial c. 117. Escaping from school. 29 & 30 Vict. imprisonment he shall, by and at the expense of the managers of the school, be brought back to the school from which he was taken, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his being sent to prison. 21 If any offender sentenced to be detained in a certified reformatory school escapes therefrom, he may, at any time before the expiration of his period of detention, be apprehended without warrant, and, if the managers of the school think fit, but not otherwise, may (any other Act to the contrary notwithstanding) be then brought before a justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a justice or magistrate, to be imprisoned, with or without hard labour, for any term not exceeding three months; and at the expiration of such term he shall, by and at the expense of the managers of the school, be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping. Penalty on persons inducing offenders to escape from certified reformatory schools. Expenses of conveyance and clothing. 22 Every person who commits any of the following offences, (that is to say) First, knowingly assists directly or indirectly an offender detained in a certified reformatory school to escape from the school: Second, directly or indirectly induces such an offender to escape from the school: Third, knowingly harbours, conceals, or prevents from returning to the school, or assists in harbouring, concealing, or preventing from returning to the school, any offender who has escaped from a certified reformatory school, shall, on summary conviction before two justices or a magistrate, be liable to a penalty not exceeding twenty pounds, or, at the discretion of the justices, to be imprisoned for any term not exceeding two months, with or without hard labour. Expenses of Reformatory Schools. 23 The expense of conveying to any certified reformatory school any youthful offender who has been directed to be detained in such a school, and the expense of proper clothing for him requisite for his admission to the school, shall be defrayed as a current expense by the prison authority (c) within whose district he has been last imprisoned. (c) But by the Prison Act, 1877, 40 & 41 Vict. c. 21, the "prison authority is relieved from this obligation, and such expense must be provided for under sec. 4 of the Prison Act, 1877-i.e., out of moneys to be provided by Parliament. See The Prison Commissioners v. The Corporation of Liverpool, 4 Q. B. D. 329. 25 The parent or step-parent (d) or other person legally liable 29 & 30 Vict. to maintain any youthful offender detained in a certified reformatory school shall, if of sufficient ability, contribute to his support and maintenance therein a sum not exceeding five shillings per week. c. 117. contribution On the complaint of the inspector of reformatory schools, or of of offenders any agent of the inspector, or of any constable under the direction in school. of the inspector (with which directions the constable is hereby required to comply), at any time during the continuance of the offender in the school, any justices or magistrate having jurisdiction at the place where the parent, step-parent or other person liable as aforesaid resides, may, on summons to the parent or stepparent or other person liable as aforesaid, examine into his or her ability, and may, if they or he think fit, make an order (e) or decree on him or her for the payment to the inspector of reformatory schools, or to an agent of the inspector, of such weekly sum, not exceeding five shillings per week, as to them or him seems reasonable, during the whole or any part of the period for which the offender is liable to be detained in the school. Every such order or decree may specify the time during which the payment is to be made, or may be until further order. In Scotland any such order or decree shall be held to be and to have the effect of an order or decree in each and every week for payment of the sum ordered to be paid for such week; and under the warrant for arrestment therein contained (which the magistrate is hereby authorised to grant if he sees fit) it shall be lawful to arrest weekly, for payment of such weekly sum as aforesaid, the wages of the defender due and current, and such arrestment shall attach not only to the wages due and payable to the defender at the date thereof, but also to the wages current for the week or other term or period in which such arrestment is executed, any law or statute notwithstanding. Every such payment shall go in relief of the charges on Her Majesty's Treasury, and shall be accounted for as the Commissioners of Her Majesty's Treasury direct. The Secretary of State may, in his discretion, remit all or any part of any payment so ordered. 26 Any justices or magistrate having jurisdiction to make such Variation order or decree may from time to time vary the same as circum- of order. stances require, on the application either of the person on whom the order or decree is made, or of the inspector of reformatory (d) See sec. 57 of the Poor Law Amendment Act, 1834, 4 & 5 Will. 4, c. 76, post, p. 197. (e) Such an order may now be made at the same time as the order committing the youthful offender 29 & 30 Vict. c. 117. Power to Secretary of State to send offenders to reformatory schools on conditional pardon. Recovery of penalties. schools, or of any agent of the inspector, on fourteen days' notice being first given of such application to the inspector or agent, or to such person respectively. Conditional Pardons. 32 Where before or after the passing of this Act a youthful offender has been sentenced to transportation, penal servitude, or imprisonment, and has been pardoned by Her Majesty on condition of his placing himself under the care of some charitable institution for the reception and reformation of youthful offenders, the Secretary of State may direct him, if under the age of sixteen years, to be sent to a certified reformatory school, the managers of which consent to receive him for a period of not less than two years and not more than five years; and thereupon such offender shall be deemed to be subject to all the provisions of this Act, as if he had been originally sentenced to detention in a certified reformatory school. Legal Proceedings. 34 The following Acts, that is to say,- In England, the Act of the Session of the eleventh and twelth years of Her present Majesty, chapter forty-three, intituled An Act to facilitate the performance of the duties of justices of the peace out of sessions, within England and Wales, with respect to summary convictions and orders, and any Acts amending the same, (f) shall apply to all offences, payments, and orders in respect of which jurisdiction is given to justices or a magistrate by this Act, or which are directed to be prosecuted, enforced, or made in a summary manner or upon summary conviction. (ƒ) The Summary Jurisdiction Act, 1848, post, p. 219. VII. INDUSTRIAL SCHOOLS. INDUSTRIAL SCHOOLS ACT, 1866. 29 & 30 VICT. c. 118. 5 A SCHOOL in which industrial training is provided, and in which children are lodged, clothed, and fed, as well as taught, shall exclusively be deemed an industrial school within the meaning of this Act. The persons for the time being having the management or control of such a school shall be deemed the managers thereof for the purposes of this Act. Classes of Children to be detained in Certified Industrial Schools. 14 Any person (a) may bring (b) before two justices (c) or a magistrate any child apparently under the age of fourteen years that comes within any of the following description, (7) namely, That is found begging or receiving alms (whether actually or under the pretext of selling or offering for sale anything), or being in any street or public place for the purpose of so begging or receiving alms: That is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence: That is found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment: That frequents the company of reputed thieves.(e) The justices or magistrate before whom a child is brought as (a) Although it is primarily the duty of the school authorities to take proceedings when proper information is afforded, a private individual may, without consulting them, proceed on his own initiative (Walker v. Laxton, 58 J. P. 574). (b) Where a child is properly before justices on another charge, they may without fresh summons or warrant deal with the child under this Act (Reg. v. Jennings, 60 J. P. (c) A judge of assize or chairman (d) To these must now be added a number of cases under the Elementary Education Acts. The complete list is set out p. 13, ante. (e) Or prostitutes (43 & 44 Vict. c. 15, post, p. 149). Description of industrial schools and managers. As to children under fourteen years of age found begging, &c. |