페이지 이미지
PDF
ePub
[ocr errors]

pounds, or, at the discretion of the justices, to be imprisoned for any term not exceediny two months, with or without hard labour.

[merged small][ocr errors]

*

[ocr errors]

23. The expense* of conveying to any certified reforma- Expenses of conveytory school any youthful offender who has been directed ance and clothing. 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 authorityt within whose district he has been last imprisoned. 24. The Commissioners of Her Majesty's Treasury Contribution by

Treasury. may contribute out of money provided by Parliament such sum

as the Secretary of State may recommend towards the expenses of the custody and maintenance of any offender detained in a certified reformatory school, or in discharge of the expenses of any removal of an offender which has been ordered under the provisions of this Aci. I

* The expenses of conveyance are borne by the Treasury out of the reformatory and industrial schools vote, but only when the offenders are sent direct to the school.

+ See section 3, ante, p. 2, and the note thereon. But on transfer of prisons to Government their expense and proper clothing was considered a charge on the Treasury, and 20s. is now allowed out of the vote for reformatory sehools for each child admitted to reformatory.

I This sum has been fixed at 6s. per head per week towards the custody and maintenance of an offender; but where an offender has attained the age of 16 years, and has also been three years in a school, the payment is reduced to 4s. per head per week. It should be nuted that the increase, decrease, and termination of the grant of public money takes place at the actual date at which the prescribed conditions are satisfied.

As regards full-timers grants, there is a reduction of half the grant, or a minimum of 2s. 6d. per week, whichever sum is the larger, for offenders working out of the school boundaries. It should also be observed that according to departmental rules full-timers should have passed Standard V. and should return to the school each night.

It is therefore possible for a child to be chargeable at four different rates during the same quarter, i.e., at the beginning of a quarter a child may be at 6s. rate, subsequently, by fulfilling the conditions of three years in the school, and attaining 16 years or over, the grant is reduced to 4s. Then in between those two periods, if he goes out of the school as a full-timer, to work, the rate will be varied either to 3s. or 2s. 6d., according to the rate he was at when he went out.

On an offender being sent to a reformatory school from prison, on a conditional pardon by the Secretary of State, the Treasury grant

[ocr errors]

ORDER on PARENT for CONTRIBUTION to

MAINTENANCE.

Order of justices for
contribution to
maintenance.
In England.

25. The parent or step-parent or other person legally liable* to maintain any youthful offender detained

is fixed at 8s. per week during the detention in the school, subject to the usual deductions as stated above. (See Appendix N., post, p. 244.)

The expenses of the removal of any offender, when ordered by the Secretary of State, are allowed, in accordance with the Cheap Trains Act, 1883, i.e., at three-quarters of the ordinary railway fare, and the charges are made on the same scale as those which are made for the conveyance of prisoners.

As to the removal of an offender see sections 16 and 17, ante, pp. 10 and 11.

* The other persons legally liable to maintain a youthful offender will be those persons who are so liable under the laws in force relating to the relief of the poor. The statute 43 Eliz. c. 2. s. 7, enacts that “the “ father and grandfather, and the mother and grandmother, and the “ children, of every poor, old, blind, lame, and impotent person, or “ other poor person not able to work, being of sufficient ability, shall

at their own charges, relieve and maintain every such poor person, “ in that manner and according to that rate, as by the justices of the

peace of that county where such sufficient persons dwell, or the greater number of them, at their general quai ter sessions shall be

assessed : upon pain that every one of them shall forfeit twenty “ shillings for every month that they shall fail therein.” It may be mentioned that the power here given to the justices at quarter sessions has been extended by 59 Geo. III. c. 12. s. 26, to “ any two or more

justices of the peace for the county or other jurisdiction in which any such sufficient person shall dwell,” in petty sessions assembled.

The 43 Eliz. c. 2. s. 7, extends only to cases where there is a relationship by blood between the parties. And therefore, a man could not be compelled under it to contribute to the maintenance (among others) of his wife's child by a former husband, or her illegitimate child, after the wife's death, or after such child had attained the age of sixteen. It is now, however, provided by 4 & 5 Wm. IV. c. 76, s. 57, that“ every man who from and after the

passing of this Act (14th August 1834) shall marry a woman “ having a child or children at the time of such marriage, whether “ such child or children be legitimate or illegitimate, shall be liable to “ maintain such child or children, as part of his family, and shall be

chargeable with all relief, or the cost price thereof, granted to or on account of such child or children, until such child or children shall

respectively attain the age of sixteen; or until the death of the “ mother of such child or children; and such child or children shall, “ for the purposes of this Act, be deemed a part of such husband's “ family accordingly.” And by section 71 of the same Act, the mother of an illegitimate child, “ so long as she shall be unmarried or

a widow, shall be bound to maintain such child as a part of her family, until such child shall attain the age of sixteen; and all relief

granted to such child, while under the age of sixteen, shall be “ considered as granted to such mother : Provided always, that such “ liability of such mother as aforesaid shall cease on the marriage of “ such child if a female.” By 7 & 8 Vict. c. 101 (as amended by 8 & 9 Vict. c. 10), any single woman with child, or delivered of a bastard child (the Act however extends to married women if living apart from their husbands (Reg. v. Pilkington, 2 E. & B. 546; Reg. v. Collingwood, 12 Q.B. 681), may, either before the birth, or at

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.*

On the complaintt of the Inspector of Reformatory Schools, or of any agent of the Inspector, or of any constable under the directions 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 jurisdıction at the place where the parent, step-parent, or other person liable as aforesaid resides, may, on summons to the parent or step-parent or other person liable as aforesaid, examine into his or her ability, and may, if they or he think fit, make an order 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, nor 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.

any time within twelve months from the birth, make application to a justice of the peace, charging a person by name as the father of her child ; and where the alleged father has within the twelve months paid money for the maintenance of the child, such application may be made at any subsequent period whatever. The person charged may thereupon be summoned to appear before the justices in petty sessions, who are to hear the evidence on both sides; and if the evidence of the mother be corroborated in some material particular by other testimony, to the sati faction of the justices, they may adjudge the man to be the putative father of such bastard child; and may, if they see fit under the circumstances, make an order on such putative father for the payment to the mother (or to some other person to be appointed for the custody of the child, in the case of her death, insanity, imprisonment, or transportation) of a weekly sum for its maintenance; which order shall be in force until the child attain the age of thirteen, or die, or the mother be married. But by 36 & 36 Vict. c. 65 justices may now extend the order to any age up to 16.

A man is not liable under 43 Eliz. c. 2, s. 7, to contribute to the maintenance of his brother, a brother not being mentioned in the statute (Reg. v. Smith, 2 Car. & P. 449). But a grandfather is liable to contribute thus to the maintenance of his grandchild, although the father be alive, if the latter be unable to support him (Reg. v. Joyce, 16 Vin. A br. 423), or indeed whether the father be unable or not; and therefore in an order under 43 Eliz. c. 2, s. 7, against a grandfather, it has been held that it is not necessary to state that the father is dead or unable to support his children (Reg. v. Cornish, 2 B. & Ad. 498).

* It should be observed that all parental contributions are claimed by the 'Treasury, the schools do not derive any benefit therefrom.

† The proceedings will be in England under the Summary Jurisdiction Acts, 1879 (42 & 43 Vict. c. 49.) and in Scoiland under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881.

A 88157.

B

Order of magistrates
for contribution to
maintenance.
In Scotland.

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 sui 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 su ordered.

[blocks in formation]

VARIATION of ORDER. 26. Any justices* or magistrate* having jurisdiction to make such order or decree

may

from time to time vary the same as circunstances require, on the application either of the person on whom the order or decree is made, or of the Inspector of Reformatory 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.

Power of prison 27. Any prison* authority may contract with the authorities to

managers of any certified reformatory school for the coutract with managers of schools. reception and maintenance therein of offenders whose

detention in a certified reformatory school is directed by a court, or justices, * or a magistrate,* acting for or within the district of the contracting prison authority, in consideration of such payments as may be from time to time agreed on.

*

* See section 3, ante, pp. 1 and 2.

.

a

28. A prison authority* in England may from Contribution to time to time contribute such sums of money, and upon enlargement of

establishment and such conditions as it may think fit, towards the alteration, certified reformatory enlargement, or rebuilding of a certified reformatory schools,

In England.
school, or towards the support of the inmates of such
a school, or towards the management of such a school,
or towards the establishment or building of a school
intended to be a certified reformatory school, or towards
the purchase of any land required for the use of an
existing certified reformatory school, or for the site of
any school intended to be a certified reformatory
school; provided-
First, that not less than two months't previous

notice of the intention of the prison authority to
take into consideration the making of such contri-
bution, at a time and place to be mentioned in
such notice, be given by advertisement in some

or more public newspaper or newspapers
circulated within the districts of the prison
authority, and also in the manner in which notices
relating to business to be transacted by that

authority are usually given : Secondly, that where the council of a borough is the

prison authority, the order for the contribution

be made at a special meeting of the council : Thirdly, that where the contribution is for altera

tion, enlargement, rebuilding, establishment,
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.
In Scotland a county board may contributes to

Contribution.

County prison any certified reformatory school with the consent boards in Scotland.

one

[ocr errors]
[ocr errors]

or

* See section 3, ante, p. 2.
+ I.e., calendar months, 13 & 14 Vict. c. 21. s. 4.

I See the Swansea Dock Company v. Severn, 20 L.G. (N.S.) Exch. 447.

§ See also section 4, ante, p. 2, and as to the mode of obtaining the approval of the Secretary of State, see section 29, post, p. 21.

|| For the mode of obtaining the sanction of the Secretary of State for the establishment, &c., of a certified reformatory school, see section 29, post, p. 21.

« 이전계속 »