INDUSTRIAL SCHOOLS (ENGLAND). APPENDIX E. DAY INDUSTRIAL SCHOOLS. Orders in Conncil of 20th March 1877 and 25th October 1881. Present, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. Whereas by the 16th section of the Elementary Education Act, 1876, it is enacted as follows: If a Secretary of State is satisfied that, owing to the circumstances of any class of population in any school district, a school in which industrial training, elementary education, and one or more meals a day, but not lodging, are provided for the children, is necessary or expedient for the proper training and control of the children of such class, he may, in like manner as under the Industrial Schools Act, 1866, certify any such school (in this Act referred to as a day industrial school) in the neighbourhood of the said population to be a certified day industrial school. It shall be lawful for Her Majesty from time to time, by Order in Council, to apply to a certified day industrial school the provisions of the Industrial Schools Act, 1866, and the Acts amending the same, with such modifications as appear to Her Majesty to be necessary or proper for adapting such provisions to a day industrial school, and bringing them into conformity with this Act; and such Order may provide that a child may be punished for an offence by being sent to a certified industrial, in lieu of a certified reformatory, school, or may otherwise mitigate any punishment imposed by the said Act. It shall be lawful for Her Majesty from time to time, by Order in Council, to revoke and vary any Order in Council made under this section. Every such Order shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the beginning of the then next session of Parliament, and while in force shall have effect as if it were enacted in this Act. Now, therefore, in pursuance of the above-mentioned Act, Her Majesty is pleased, by and with the advice of Her most Honourable Privy Council, to order that the following provisions, being modified provisions of the Industrial Schools Act, 1866, and the Acts amending the same, shall apply to certified day industrial schools: 1. This Order shall not extend to Scotland or Ireland. Constitution of Certified Day Industrial Schools. Extent of order. 2. A day industrial school within this Order shall mean a Description of day school in which industrial training, elementary education, industrial schools and managers. 29 & 30 Vict. c. 118. s. 5. Inspector of day industrial schools and assistants. 29 & 30 Vict. c. 118. s. 6. Mode of certifying day industrial school. and one or more meals a day, but not lodging, are provided for the children. 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 Order. 3. The person who for the time being is inspector of indus. trial schools under the Industrial Schools Act, 1866, shall be also the inspector of day industrial schools. The Secretary of State may from time to time appoint a fit person or persons to assist the inspector; and every person so appointed shall have such of the powers and duties of the inspector of day industrial schools as the Secretary of State from time to time prescribes, but shall act under the direction of the inspector. 4. The Secretary of State may, on the application of the 29 & 30 Vict. c. 118. s. 7. managers of a day industrial school, direct the inspector of day industrial schools to ascertain whether such school is in the neighbourhood of any class of population in any school district, the circumstances of which class are such that a day industrial school is necessary or expedient for the proper training and control of the children belonging to such class, and to examine into the condition of the school with respect to which the application is inade, and its fitness for the reception of children to be sent there under this Order, and to report to him into the condition thereon, and the inspector shall examine and report accordingly. School not to be certified day industrial school and also a certified industrial If satisfied with the report of the inspector, the Secretary of State may, by writing under his hand, certify that the school is fit for the reception of children under this Order, and thereupon the school shall be deemed a certified day industrial school. 5. A school shall not be at the same time a certified day industrial school under this Order, and a certified industrial school under the Industrial Schools Act, 1866, or any other 29 & 30 Vict. c. 118. s. 8. Act, or a certified reformatory school. school or reformatory. Notices of certificate to be gazetted. Copy of gazette to be evidence. 29 & 30 Vict. c. 118. s. 9. Inspection of school. Alterations, &c. of buildings to be approved. 6. A notice of the grant of such certificate shall within one month be inserted by order of the Secretary of State in the London Gazette. A copy of the gazette containing the notice shall be conclusive evidence of the grant, which may also be proved by the certificate itself, or by an instrument purporting to be a copy of the certificate, and attested as such by the inspector of day industrial schools. 7. Every certified day industrial school shall from time to time, and at least once in each year, be inspected by the inspector of day industrial schools, or by a person appointed to assist him as aforesaid. 8. No substantial addition or alteration shall be made to or 29 & 30 Vict. c. 118. s. 11. in the buildings of any certified day industrial school without the approval in writing of the Secretary of State. Powers of prison authority. 9. Whereas it is enacted by the 16th section of the Elementary Education Act, 1876, that a prison authority within the meaning of the Industrial Schools Act, 1866, shall have the INDUSTRIAL SCHOOLS (ENGLAND). same powers in relation to a certified day industrial school as they have in relation to a certified industrial school: establishment or main It is hereby declared that a prison authority shall have the following powers: (a.) A prison authority may from time to time either them- Power to undertake or selves undertake or contribute such sums of money on contribute towards such conditions as they think fit, towards the alteration, tenance of school. enlargement, or rebuilding of a certified day industrial 29 & 30 Vict. c. 118. s. 27. school or the support of the inmates of such a school, or 35 & 36 Vict. c. 21. s. 7. the management of such a school, or the establishment or building of a school intended to be a certified day industrial school, or the purchase of land required either for the use of an existing certified day industrial school, or for the site of a school intended to be a certified day industrial school. Provided First, that not less than two months previous notice of the intention of the prison authority, at a time and place to be mentioned in such notice, to take into consideration the entering into such undertaking or the making of such contribution, be given by advertisement in some one or more public newspaper or newspapers circulated within the jurisdiction of the prison authority, and also in the manner in which notices relating to business to be transacted by the prison authority are usually given: Secondly, that where the prison authority is the Council of a borough, the order for the undertaking or contribution be made at a special meeting of the Council: Thirdly, that where the undertaking or contribution is for alteration, enlargement, rebuilding, establishment, or building of a school or intended school, or for purchase of land, the approval of the Secretary of State be previously given for that alteration, enlargement, rebuilding, establishment, building, or purchase. (b.) Expenses incurred by a prison authority in carrying Expenses of prison into effect the provisions of this Order, may be deemed authority how defrayed. expenses incurred by that authority in carrying into 29 & 30 Vict. c. 118. s. 50. effect the provisions of the Prison Act, 1865, and may be defrayed accordingly. industrial schools. (c.) Any prison authority may, with the approval of one of Power to borrow money Her Majesty's Principal Secretaries of State, borrow for purposes of day money for the purpose of defraying the expense of any 37 & 38 Vict. c. 47. s. 2. such undertaking or contribution on the part of such prison authority as is authorised by this Order with respect to altering, enlarging, rebuilding, establishing, building, or purchasing the site of any day industrial school. Any moneys borrowed by a prison authority under this Charge of borrowed Order may be charged by that authority on any county moneys. rate, or rate in the nature of a county rate, borough rate, 37 & 38 Vict. c. 47. s. 3. or other rate applicable to the maintenance of a prison and leviable by that authority, or on any other property belonging to that authority and applicable to the same purpose as the said rates, and shall be repaid, together with the interest due thereon, out of such rates or other property. Certain clauses of 10 & 11 Vict. c. 16. as to borrowing money incorporated. 37 & 38 Vict. c. 47. s. 4. 35 & 36 Vict. c. 21. s. 8. Powers of school board. The clauses of the Commissioners Clauses Act, 1847, with the exception of the eighty-fourth clause with respect to mortgages to be created by the commissioners, shall form part of and be incorporated with this Order, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver. In the construction of the said clauses "the commissioners shall mean the prison authority." 66 Where a prison authority borrows any money under this Order they shall charge the rates or property out of which the moneys borrowed are payable, not only with the interest of the moneys so borrowed, but also with the payment of such further sum as will ensure the repayment of the whole sum borrowed within thirty years. Provided nevertheless, That in any borough having a school board, none of the powers declared by this Order to be exerciseable by a prison authority shall be exerciseable by the council of the borough as such prison authority, except that if during not less than six months before the election of a school board in such borough the council has contributed to or maintained a day industrial school the powers declared by this Order to be exerciseable by the prison authority shall not cease to be exerciseable by the council with respect to such school until the school board in the borough resolve in the manner and with the consent (if any) prescribed by this Order to contribute towards or to maintain such day industrial school; and, notwithstanding any such resolution of the school board, any such day industrial school which was so maintained by the council may continue to be maintained by the council until the council agree to transfer such school to the school board. 10. Whereas by the 16th section of the Elementary Education Act, 1876, it is enacted that a school board shall have the same powers in relation to a certified day industrial school as they have in relation to a certified industrial school: And whereas by the 15th section of the same Act it is enacted as follows: The consent of one of Her Majesty's Principal Secretaries of State and not of the Education Department, shall be required for the establishing, building, and maintaining of a certified industrial or certified day industrial school by a school board, and to the spreading of the payment of the expense of such establishment and building over a number of years not exeeding fifty, and to the borrowing of money for that purpose; and for the purpose of such borrowing section ten of the Elementary Education Act, 1873, shall be held to apply to the loan in like manner as if one of Her Majesty's Principal Secretaries of State were substituted therein for the Education Department, and such establishment and building shall be deemed to be a work for which a school board is authorised to borrow within the meaning of the first schedule to the Public Works Loans Act, 1875. INDUSTRIAL SCHOOLS (ENGLAND). It is hereby declared and ordered that the following powers shall be exerciseable by a school board: towards establishment (a.) A school board may from time to time contribute such Power to contribute sums of money and on such conditions as they think fit, or maintenance of school. towards the alteration, enlargement, or rebuilding of a 39 & 40 Vict. c. 79. s. 16. certified day industrial school, or towards the support of 33 & 34 Vict. c. 75. s. 27. the inmates of such a school, or towards the management 29 & 30 Vict. c. 118. s. 12. of such a school, or towards the establishment or building 36 & 37 Vict. c. 86. s. 14. of a school intended to be a certified day industrial school, or towards the purchase of land required either for the use of an existing certified day industrial school, or for the site of a school intended to be a certified day industrial school. Provided 1stly. That not less than 14 days previous notice of the intention of the school board, at a time and place to be mentioned in such notice, to take into consideration the making of such contribution, be given by advertisement in some one or more public newspaper or newspapers circulated within the school district, and also in the manner in which notices relating to business to be transacted by the school board are usually given. 2ndly. That where the contribution is for alteration, enlargement, rebuilding, establishment, or building of a school or intended school, or for purchase of land, the approval of the Secretary of State he previously given for that alteration, enlargement, rebuilding, establishment, building, or purchase. maintain school. 39 & 40 Vict. c. 79. s. 15. (b.) A school board may also, with the consent of the Power to establish and Secretary of State, establish, build, and maintain a certified day industrial school, and shall for that purpose 33 & 34 Vict. c. 75. s. 28. have the same powers as they have for the purpose of providing sufficient school accommodation for their district, and may further, with the like consent, spread the payment of such establishment and building over a number of years not exceeding 50, and borrow money for that purpose; and for the purpose of such borrowing section 10 of the Elementary Education Act, 1873, shall be held to apply to the loan in like manner as if a Secretary of State were substituted therein for the Education Department, and such establishment and building shall be deemed to be a work for which a school board is authorised to borrow within the meaning of the first schedule of the Public Works Loans Act, 1875. A certified day industrial school so established, built, or maintained by a school board shall be subject to the jurisdiction of the Secretary of State, and not of the Education Department, and shall be subject to the provisions of this Order. Provided always, That none of the powers declared by this clause of this Order to be exerciseable by a school board, shall be exerciseable in the case of a certified day industrial school which the council of the borough, as the prison authority, has maintained during not less than six months before the election of the original board, so long as the council themselves continue to maintain such school. |