1871," 34 & 35 Vict. c. 56, s. 4, any penalty under the act may be recovered in manner provided by the Summary Jurisdiction Acts, which by sect. 5 is to mean, as to England, the 11 & 12 Vict. c. 43, and any acts amending the same; and the "court of summary jurisdiction means any two justices of the peace or any metropolitan, stipendiary or other magistrate empowered by law to do alone or with others any act authorized to be done by more than one justice of the peace."

66

129 "DRUGGING OF ANIMALS: " By sect. 2, nothing in the act is to extend to any person being owner or acting by the authority of the owner of the horse, cattle or other animal to which any drug or substance is administered.

130 By sect. 3, nothing in the act is to except a person from liability to any greater or other punishment under any other act or law so that he be not more than once punished for the same offence.

SYNOPSIS OF OFFENCES.

Statute.

DYNAMITE.

Prohibition of the use of, in Public Fisheries.

"Any person who uses dynamite or other explosive substance to 40 & 41 Vict. catch or destroy fish in a public fishery."

NOTE. Any offence committed under this act on the sea coast, or
at sea, within one marine league of the coast, is to be deemed to
be committed in a public fishery, and if beyond the ordinary
jurisdiction of any court of summary jurisdiction, is to be
deemed either to have been committed on the land abutting on
such sea coast or adjoining such sea, or to have been committed
in any place where the offender is found, and may be tried and
punished accordingly. (Sect. 3.)

The 12th section of the 41 & 42 Vict. c. 39, "The Fresh-
water Fisheries Act, 1878," extends the "Fisheries (Dynamite)|
Act, 1878," to such act.

EARTHENWARE MANUFACTURE. See tit. "Factories and Workshops," post.

ELECTIONS, See tit. “Parliamentary Elections," post.

ELECTRIC TELEGRAPHS. See Offences 9-11, tit. "Malicious Injuries," post.

ELEMENTARY EDUCATION. See tit. "School Boards," post.

ELEMENTARY EDUCATION ACT, 1876 (Note 131).

1. Improper Employment of Children.] Taking a child into his em-
ployment in contravention of the act (see s. 5) (Note 132).

[MEM. By sect. 39, where the offence is committed by an agent
or workman of the employer, such agent or workman is to be
liable to a penalty as if he were the employer?]

2. Where Child taken into Employment with a False Certificate.] Where
a child is taken into employment in contravention of the act on
production by or with the privity of the parent of a false or
forged certificate, or on the false representation of his parent
that the child is of a proper age.

[MEM. Employer may show that he has used due diligence to
enforce observance of the act, &c. By sect. 9, a person is not
to be deemed to have taken a child into his employment contrary
to the act, if it is proved (1) That, during the employment,
there is not within two miles from the residence of such child
any public elementary school open which the child can attend;
or (2) That such employment, by reason of being during the
school holidays or during the hours during which the school is
not open, or otherwise, does not interfere with the efficient
elementary instruction of such child, and that the child obtains
such instruction by regular attendance for full time at a cer-
tified efficient school, or in some other equally efficient manner;
or (3) That the employment is exempted by the notice of the*

o. 65, s. 2 (Note 7).

39 & 40 Vict. c. 79, s. 6.

Id. s. 39.

131"ELEMENTARY EDUCATION ACT:" By sect. 52, the acts mentioned in the fourth schedule are repealed to the extent mentioned in the third column of such schedule. This repeal is as follows:

30 & 31 Vict. c. 146.. "The Workshops Regulation Act, 1867"-sects. 14 and 15. 33 & 34 Vict. c. 75 .."The Elementary Education Act, 1870"-sect. 25; so much of sect. 74, and of any bye-law made thereunder, as is

local authority hereinafter next
mentioned (that is to say), the
local authority may issue a no-
tice exempting from the pro-
hibitions and restrictions of
the act the employment of chil-
dren above the age of 8 years
for the necessary operations of
husbandry, and the in-gather-
ing of crops, for the period to
be named in such notice: pro-
vided that it shall not exceed in
the whole six weeks, between
the 1st day of January and the
31st of December in any year.]

affected by the repeal of sect. 25, and the rule numbered 15 in the first part of the second schedule, and the rule numbered 6 in the third part of the second schedule. "The Agricultural Children Act, 1873"-the whole act. "The Elementary Education Act, 1873'-sect. 3. "The Births and Deaths Registration Act, 1874"-sect. 29.

D D

SYNOPSIS OF OFFENCES.

Statute.

ELEMENTARY EDUCATION ACT, 1876-continued.

3. Proceedings on Disobedience to Order of Court for Attendance at School.]
When an attendance order is not complied with without
reasonable excuse (Note 134).

[MEM. A complaint under this section with respect to a continuing
non-compliance with any attendance order is not to be repeated
at any less interval than two weeks.

The parent, if liable under "The Industrial Schools Act,
1866," to contribute to the maintenance and training of his
child when sent to an industrial school is to be liable so to
contribute when his child is sent in pursuance of this section.]

industrial school, and may inflict any such penalty as afore-
said, or may, for each non-compliance, inflict such penalty
as aforesaid, without ordering the child to be sent to an
industrial school.

ELVER FISHING (Note 135).

1. Taking Elvers in the Severn Fishery District during Close Time (Note 136).] "Any person who, during either of the said close periods, shall take or use any instrument for taking in the River Severn Fishery District elvers or the fry of eels, shall, on summary conviction before two justices be liable to a penalty not exceeding 208.

38 & 39 Vict.

c. 79, s. 39.

39 & 40 Vict. c. 34, s. 2, sub-s. (a).

2. Having in Possession or selling Elvers in Close Time.] "Any person Id. sub-s. (b). who, during either of the said close periods, shall sell, or have in his possession for sale, elvers or the fry of eels, within the Hundreds of Kiftsgate, Deerhurst, Dudstone and King's Barton, Berkeley, Duchy of Lancaster, Westbury, Westminster and Tewkesbury, in the county of Gloucester, shall, on summary conviction before two justices, be liable to a penalty not exceeding 208., unless he satisfies the court before whom he is charged that such elvers or the fry of eels were not taken within the Severn Fishery District."

132 By sect. 7, the provisions of the act respecting the employment of children are to be enforced: (1) In a school district within the jurisdiction of a school board, by that board; and (2) In every other school district by a committee (in the act referred to as a school attendance committee) appointed annually, if it is a borough, and if it is a parish, by the guardians of the union comprising such parish: provided that it is to be the duty of the inspectors and sub-inspectors acting under the Workshops, Factories and Mines Acts respectively, and not of the local authority, to enforce the observance by employers of the provisions under those acts, but it is to be the duty of the local authority to assist such inspectors, &c. in the performance of their duty by information and otherwise.

133 By sect. 38, no legal proceedings for non-attendance or irregular attendance at school is to be commenced in a court of summary jurisdiction by a person appointed to carry out the compulsory bye-laws of a school board or local authority, except by the direction of not less than two members of a school board or school attendance committee.

Definition of Employment in case of a Parent.] A parent of a child who employs such child in any labour exercised by way of trade, or for the purposes of gain, is to be deemed, for the purposes of the act, to take such child into his employment (sect. 47). 134 By sect. 11, "If either

"(1) The parent of any child above the age of five years, who is under this act prohibited from being taken into full time employment, habitually and without reasonable excuse neglects to provide efficient elementary instruction for his child; or

"(2) Any child is found habitually wandering or not under proper control, or in the company of rogues, vagabonds, disorderly persons or reputed criminals, it shall be the duty of the local authority, after due warning to the parent of such child, to complain to a court of summary jurisdiction, and such court may, if satisfied of the truth of such complaint, order that the child do attend some certified efficient school willing to receive him, and named in the order, being either such as the parent may select, or, if he do not select any, then such public elementary school as the court may think expedient, and the child shall attend that school every time that the school is open, or in such other regular manner as is specified in the order."

Any of the following reasons shall be a reasonable excuse:—

135

"(1) That there is not within two miles, measured according to the nearest road from the residence of such child, any public elementary school open which the child can attend; or

"(2) That the absence of the child from school has been caused by sickness, or any unavoidable cause."

ELVER FISHING." By sect. 1, it is enacted "that from and after the passing of this act so much of the 15th section of The Salmon Fishery Act, 1873,' as prohibits the taking of elvers or the fry of eels shall be and the same is hereby repealed."

136 By sect. 2, it is enacted that "with respect to the River Severn Fishery district, the period between the 1st day of January and the last day of February inclusive, and the periods between the 26th day of April and the 24th day of June inclusive, shall each be a close period for elvers or the fry of eels."