28 & 29 Vict, c. 118. s. 25. 33 & 34 Vict, c. 75. s. 7.(1.) Provided that (a.) In the case of a school district in which for not less than three years before the commencement of this Act byelaws have been in force requiring, as a condition of total or partial exemption of a child from attendance at school, that such child must have passed a standard of proficiency corresponding to the fourth standard of the Code of 1876 or any higher standard, the same or a corresponding standard of proficiency (but not exceeding the standard which, under this schedule, will be required after four years from the commencement of this Act) shall be required for the purpose of a certificate under this Act enabling a child to be employed. (b.) Where a child has been lawfully taken into employment in any year in consequence of having obtained a certificate in accordance with the above table, such child may in any subsequent year be taken into employment without any further certificate, notwithstanding that under the table a certificate requiring a higher standard is required for that year. And whereas by the same schedule it is further provided that attendance for the purpose of the said schedule, where the attendance is at a certified day industrial school, includes such attendance as may be from time to time directed for the purpose by a Secretary of State; and that the Code of 1876 in the said schedule means, in England, the Code of the Minutes of the Education Department made in the year 1876 with respect to the parliamentary grant to public elementary schools in England. It is hereby ordered that it shall be the duty of the inspector of day industrial schools to see that the provisions of the said Act and the regulations of the Education Department as to certificates and registers, and other matters relating thereto, be strictly observed in certified day industrial schools. 23. A minister of the religious persuasion which, as the case may be, is specified in the order of detention or attendance order as that to which the child appears to the court making the order to belong, or specified in the undertaking of the parent of a child attending the school without an order of court as that to which the child belongs, may visit the child at the school on such days and at such times as are from time to time fixed by regulations made by the Secretary of State for the purpose of instructing him in religion. It shall not be required as a condition of any child being admitted into or continuing in a certified day industrial school, whether under an order of detention, attendance order, or otherwise, that he shall attend or abstain from attending any Sunday school or any place of worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere to which observance or instruction his parent objects, or that be shall, if withdrawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs, and the parent may, on any such day, withdraw the child accordingly. INDUSTRIAL SCHOOLS (ENGLAND). of State. 24. The managers of a certified day industrial school may Rules of school to be from time to time make rules for the management and disci- approved by Secretary pline of the school, not being inconsistent with the provisions 29 & 30 Vict. c. 118. s. 29. of this Order; but those rules shall not be enforced until they have been approved in writing by the Secretary of State; and rules so approved shall not be altered without the like approval. A printed copy of rules purporting to be the rules of a school so approved and to be signed by the inspector of day industrial schools shall be evidence of the rules of the school. 25. A certificate purporting to be signed by one of the Evidence as to reception managers of a certified day industrial school or their secretary in school, &c. or by the superintendent or other person in charge of the 29 & 30 Vict. c. 118. s. 30. school, to the effect that the child therein named was duly received into and is at the signing thereof liable to detention in the school under an order of detention, or required to attend thereat under an attendance order, or has been duly discharged or removed therefrom, or otherwise disposed of according to law, shall be evidence of the matters therein stated. 26. The industrial school named in an order of detention or School presumed to be an attendance order shall be presumed to be a certified day certified. industrial school until the contrary is shown. 29 & 30 Vict. c. 118. s. 18. 27. An instrument purporting to be an order of detention, Evidence of order of or an attendance order, and to be signed by two justices or a letention or attendance magistrate, or purporting to be a copy of such an order and order. to be certified as such a copy by the clerk to the court by whom the order was made, shall be evidence of the order. Offences at School, &c. 29 & 30 Vict. c. 118. s. 24. 28. Where an order of detention has been made ordering a Penalty for child under child to be sent to a certified day industrial school, then if detention order not atwhilst such order is in force the child wilfully neglects to tending school or not conformning to rules. attend thereat, or wilfully neglects or wilfully refuses to 29 & 30 Vic. c. 118. s. 32. conform to the rules of the school, he shall be guilty of an offence against this Order, and may at any time before the expiration of his period of detention be apprehended without warrant, and brought before a court of summary jurisdiction, and on summary conviction of such offence shail be liable to be sent to a certified industrial school as if he were a child coming within the provisions of the 14th section of the Industrial Schools Act, 1866, or in the discretion of the court to be so sent in default of the child finding a surety or sureties for his due attendance at school and conformity with the rules thereof for a period of six months. Provided that the court, if it think fit, may without proceeding to conviction dismiss the child with a warning. school in accordance 29. Where an order of detention has been made ordering a Penalty for preventing child to be sent to a certified day industrial school, then if, child frou attending whilst such order is in force, any person knowingly induces with order of detention. the child not to attend such school, or knowingly prevents or 29 & 30 Vict. c. 118. s. 33. knowingly assists in preventing him from attending such school, or knowingly conceals the child in order that he may not be sent to such school, he shall be guilty of an offence Discharge by Secretary of State or court of summary jurisdiction. Transfer by court of summary jurisdiction. against this Order, and on conviction thereof before a court of summary jurisdiction, shall be liable to a penalty not exceeding 51. Discharge, &c. of Children from School. 30. An order of discharge of a child from an order of detention or an attendance order may be made: (a.) By the Secretary of State; or (b.) By the same court of summary jurisdiction as that which made the original order upon the application or with the consent, in the case of a child under an order of detention, of the local authority or prison authority at whose instance such order of detention was made, and, in the case of a child under an attendance order, of the local authority. 31. A child under an order of detention or attendance order may by an order of transfer, made by a court of summary jurisdiction, be transferred to another certified day industrial school, the managers whereof are willing to receive him, subject to the following provisions: 1. The court making the order of transfer shall be the same court as that which made the original order of detention or attendance order. 2. The order of transfer shall not be made in the case of a child under an order of detention, except on the application of the local authority or prison authority or the parent of the child, and, in the case of a child under an attendance order, except on the request of the local authority and the parent. 3. The residence of the child shall be either the same as at the date of the original order, or in a place under the jurisdiction of the same guardians. 4. The school, in the case of a child under an order of detention, shall, if possible, be a school conducted in accordance with the religious persuasion specified in such order as that to which the child appears to belong; and, in the case of a child under an attendance order, shall be selected by the parent; and in either case shall be within two miles of the residence of the child. 5. The order of transfer shall specify the religious persuasion to which such child belongs. 6. The order of transfer shall be forwarded to the managers of the school named therein. Upon the making of an order of transfer the original order and the undertaking (if any) made by the parent to contribute shall continue to apply as if for the school named in the original order and undertaking there were substituted the school named in the order of transfer. The power conferred by this clause of transferring a child under an order of detention shall be in addition to the provision for transfer contained in the 18th clause of this order. INDUSTRIAL SCHOOLS (ENGLAND). Withdrawal, &c. of Certificate of School. 32. Whereas it is enacted by the 16th section of the Power for Secretary of Elementary Education Act, 1876, as follows: If a Secretary of State is of opinion that, by reason of a change of circumstances or otherwise, a certified day industrial school ceases to be necessary or expedient for the proper training and control of the children of any class of population in the neighbourhood of that school he may after due notice, withdraw the certificate of the school, and thereupon such school shall cease to be a certified day industrial school. Provided that the reasons for withdrawing such certificate shall be laid before both Houses of Parliament within one month after notice of the withdrawal is given, if Parlia ment be then sitting, or if not, within one month after the then next meeting of Parliament. It is hereby ordered that such notice shall be under the hand of the Secretary of State, and shall be addressed to and served on the managers of such ɛchool, and shall declare that the certificate of the school is withdrawn as from a time specified in the notice, not being less than six months after the date thereof; and at that time the certificate shall be deemed to be withdrawn accordingly, and the school shall thereupon cease to be a certified day industrial school. State to withdraw certificate. 29 & 30 Vict. c. 118. 9. 44 29 & 30 Vict. c. 118. s. 45. 33. The managers or the executors or administrators of a Resignation of certificate deceased manager (if only one) of a certified day industrial by managers. school may give notice in writing to the Secretary of State of their intention to resign the certificate of that school, and at the expiration in the case of managers of six months, and in the case of executors or administrators of one month, from the receipt of that notice by the Secretary of State (unless before that time the notice is withdrawn) the certificate shall be deemed to be resigned accordingly, and the school shall thereupon cease to be a certified day industrial school. 34. A notice of the withdrawal or resignation of the certificate of a certified day industrial school shall within one month be inserted by order of the Secretary of State in the London Gazette. A copy of the gazette containing such notice shall be conclusive evidence of such withdrawal or resignation. A certificate shall be presumed to be in force until the withdrawal or resignation thereof is proved. 35. Where notice is given of the withdrawal or resignation of the certificate of a certified day industrial school, no child shall be received into the school under this Order after the receipt by the managers of the school of the notice of withdrawal, or after the date of the notice of resignation, as the case may be, but the obligation of the managers to provide industrial training, elementary education, and one or more meals a day, but not lodging, for the children who may at the time of such receipt or at the date of such notice be attending such school, whether under an order of detention, or under an attendance order, or without an order, shall, except as far as the Secretary of State otherwise directs, be deemed to continue until the withdrawal or resignation of the certificate takes Gazette notice of withdrawal, &c. Cesser of reception of children on notice, &c. 29 & 30 Vict. c. 118. s. 47. Discharge or transfer of children detained, &c. effect, or until the contribution out of money provided by Parliament towards the school is discontinued, whichever shall first happen; provided that in the case of a child attending school under an attendance order, or without an order, such obligation shall be suspended during any week in respect of which the contribution of the parent has not been paid in advance. 36. Where a school ceases to be a certified day industrial 29 & 30 Vict. c. 118. 9. 48. school the children who are under an order of detention or order of attendance at the school shall be discharged by order of the Secretary of State, or transferred in manner aforesaid to some other certified day industrial school by orders of transfer made by a court of summary jurisdiction. Use of forms in schedule. Miscellaneous. 37. No summons, notice, or order made for the purpose of 29 & 30 Vict. c. 118. s. 52. carrying into effect the provisions of this Order shall be Service of notices on invalidated for want of form only; and the forms in the schedule to this Order annexed, or forms to the like effect, may be used in the cases to which they refer, with such variations as circumstances require, and when used shall be deemed sufficient. Provided that any such form shall cease to be available in the event of the Secretary of State making obligatory the use of another form for the same purpose under the 16th section of the Elementary Education Act, 1876, by which the Secretary of State has power from time to time to make, and when made, to revoke and vary, the forms of orders for sending a child to a day industrial school, and the manner in which children are to be sent to such school. 33. Any notice may be served on the managers of a certified 29 & 30 Vict. c. 118. s. 53. day industrial school by being delivered to any one of them managers. Legal proceedings. Definitions. 39 & 40 Vict. c. 79. s. 48. 33 & 34 Vict. c. 75. s. 3 personally, or by being sent by post or otherwise in a letter addressed to them or any of them at the school, or at the usual or last known place of abode of any of the managers, or of their secretary. 39. The Summary Jurisdiction Acts shall apply to all offences, payments, and orders in respect of which jurisdiction is by this Order given to a court of summary jurisdiction, or which are by this Order directed to be prosecuted, enforced, or made in a summary manner or on summary conviction. The court of summary jurisdiction, when hearing and determining an information or complaint or making an order under this Order, shall be constituted either of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace. 40. In this Order دو The term "child" means a child between the ages of five |