Reformatory and Power to undertake as well as to contribute. In England. Power to contribute and in the manner provided by the Prisons (Scotland) Administration Act, 1860.* By section 4 of the Reformatory and Industrial Schools Act, 1872 (35 & 36 Vict. c. 21), it is enacted that section 28 of the Reformatory Schools Act, 1866, subject to the provisions therein contained— Shall extend to authorise a prison authority in England themselves to undertake anything towards which they are authorised by that section to contribute; and the Reformatory Schools Act, 1866, shall be construed as if in the said section, so far as it relates to England, the expressions "contribute towards" and "contribution" included respectively "undertake " and "undertaking;" and the expenses of a prison authority in England incurred in pursuance of this section shall be defrayed accordingly. By section 5 of the aforesaid Act— A prison authority in Englandt may contribute to ultimate disposal towards the ultimate disposal of any inmate of a certified reformatory school established by such authority in pursuance of this Part of this Act, and the expenses of inmates. *This refers to section 32, which is repealed by the Prisons (Scotland) Act, 1877 (40 & 41 Vict. c. 53), s. 67, which provides that the commissioners of supply of any county, or the magistrates of any burgh may resolve to contribute to any reformatory or industrial school in any part of Scotland which has been certified by one of Her Majesty's Principal Secretaries of State, in terms of an Act passed in the seventeenth and eighteenth years of Her present Majesty. intituled "An Act for the better care and reformation of youthful offenders in Great Britain," or the Industrial Schools Act, 1866, or any Act amending the same, and on such resolution, stating the name of the reformatory or industrial school to which they propose to contribute, being transmitted to the Secretary of State for the Home Department, being one of Her Majesty's Principal Secretaries of State (now the Secretary for Scotland by 50 & 51 Vict. c. 52. s. 21), he shall intimate whether he approves or disapproves of such resolution; and if he intimate that he approves thereof, such commissioners or magistrates may, from time to time, pay over such sum as they may think fit to the directors and managers of such reformatory or industrial school, and such sum shall be a charge on the county general assessment or on any municipal or police or other assessment of any burgh, as the case may be: Provided, that if at any time such Secretary of State, now the Secretary for Scotland, shall notify his withdrawal of such his approval, it shall no longer be lawful for the commissioners or magistrates to contribute to such reformatory or industrial school. And subject to the provisions of the Local Government (Scotland) Act, 1889 (52 & 53 Vict. c. 50. s. 11), there shall be transferred to and vested in the council of each county, on and after the appointed day, or at such times as are in this Act in that behalf respectively specified :-(1.) The whole powers and duties of the commissioners of supply, &c., &c., &c. † See section 3, ante, p. 2. incurred by a prison authority in England in pursu ance of this section shall be deemed to be expenses incurred by such authority in carrying into effect the provisions of the Reformatory Schools Act, 1866. The Local Government (England and Wales) Act, Transfer of powers 1888 (51 & 52 Vict. c. 41) (section 3) authorises the to county council. transfer to the council of each county all business done by the quarter sessions or any committee appointed by the quarter sessions in respect (amongst others) the establishment and maintenance of, and the contribution to, reformatory and industrial schools. And by section 38 (2) of the same Act, there shall be transferred to the County Council the powers, &c., of the council of a borough with a population of under 10,000, as regards reformatory and industrial schools. THE REFORMATORY SCHOOLS ACT, 1866. And by section 35 (1), in boroughs over 10,000 the borough council retains such powers, and, under section 34 (1), the council of a county borough has itself powers of a county council. sanction of Secretary of State. 29. In order to obtain the approval of the Secre- Mode of obtaining tary of State as aforesaid where required, the managers of the school, or promoters of the intended school, shall forward to the Secretary of State particulars of the proposed establishment or purchase, and a plan of the proposed alteration,† enlargement, rebuilding, or building, drawn on such scale, and accompanied by such particulars and estimate of cost, as the Secretary of State thinks fit to require; and the Secretary of State may approve of the plan and particulars submitted to him, with or without modification, or may disapprove of the same, and his approval or disapproval shall be certified by writing under his hand. 30. Expenses incurred by a prison authority* in Expenses of prison England in carrying into effect the provisions of this authorities and Act shall be deemed expenses incurred by that county boards. authority in carrying into effect the provisions of the Prisons Act, 1865,‡ and shall be defrayed accordingly * See section 3, ante, p. 2. It is, however, desirable that all applications for alterations and additions to reformatory schools should be submitted direct to the Inspector for transmission to the Secretary of State, all plans having to be submitted to and approved by the Departmental architect. By the Prison Authorities Act, 1874 (37 & 38 Vict. c. 47), section 2, "any prison authority may, subject to the provisions of the Power for local reformatories in Scotland to receive offenders. Expenses incurred by a county board in Scotland in carrying into effect the provisions of this Act shall be a charge on the assessment for current expenses incurred by that board in carrying into effect the provisions of the Prisons (Scotland) Administration Act, 1860.* HOUSES of REFUGE, &c. in SCOTLAND. 31. Where in any city, town, or place in Scotland there has been erected under Local Act of "Elementary Education Act, 1870, with the approval of one of Her Majesty's Principal Secretaries of State, borrow money for the purpose of defraying or contributing towards the expense of altering, enlarging, rebuilding, establishing, building, or purchasing the site "of any industrial or reformatory school under the said Industrial "and Reformatory Schools Acts, or any of them." 46 Section 3.—Any moneys borrowed by a prison authority under this Act may be charged by that authority on any county rate, or rate in the nature of a county rate, borough rate, 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. Section 4.-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 Act, 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." Where a prison authority borrows any money under this Act 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. Section 5.-For the purposes of the said Industrial and Reformatory Schools Acts and this Act, the justices of the county of Worcester in quarter sessions assembled shall be deemed to be the prison authority for the county of Worcester at large, and the council of the city of Worcester shall be deemed to be the prison authority for the city of Worcester and county of the same city, anything in the Worcester Prison Act, 1867, or any other Act, notwithstanding. By section 52 of the Prison Act, 1877 (40 & 41 Vict. c. 21), nothing in this Act contained shall affect the powers or jurisdiction of a prison authority in relation to any reformatory school or to any industrial school under the Reformatory Schools Act, 1866, and the Industrial Schools Act, 1866, or either of such Acts, or any Act amending the said Acts, or either of them. *The section of the Prisons (Scotland) Administration Act, 1860, referred to is section 32, which is repealed by the Prison Authorities (Scotland) Act, 1877 (40 & 41 Vict. c. 53. s. 72). See section 28 of the Reformatory Schools Act, 1866 (note), ante, p. 20. And as to the application to Scotland of the Prison Authorities Act, 1874 (37 & 38 Vict. c. 47), see note to section 3 of the Reformatory Schools Act, 1866, ante, p. 2. Parliament* or otherwise any house of refuge for youthful offenders, or any reformatory school or other similar institution, the commissioners, directors, or managers thereof may receive and maintain therein, if willing so to do, all such young persons as are sent thereto under this Act, and may pay such portion of the fund under their control as they think proper for the training, maintenance, and disposal of such young persons: Provided that such house of refuge, school, or institution is certified as a reformatory school under this Act, and the rules thereof, and all alterations thereof from time to time, are approved by the Secretary of State.f CONDITIONAL PARDONS. State to send offenders 32. Where before or after the passing of this Act Power to Secretary of a youthful offender has been sentenced to transpor- to reformatory tation, penal servitude, or imprisonment, and has schools on conditional been pardoned by Her Majesty on condition of his pardon. 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. It has been suggested, however, by the Secretary of State, to obviate any difficulty which may arise in dealing with children between the ages of 12 and 14 charged for *The Local Acts are the Glasgow Juvenile Delinquency Prevention and Repression Act, 1878 (41 & 42 Vict. c. 121), and the Aberdeen Reformatories and Industrial Schools Act, 1885 (48 & 49 Vict., Session 1885). Section 29 of the Glasgow Juvenile Delinquency Prevention and Repression Act, 1878, provides that the directors may receive as inmates of the houses of refuge "Such young persons as the "directors shall think fit, and as shall request to be received into the same, and shall consent to become inmates thereof for a specified period, provided that such request shall be made and consent given "in presence of a sheriff, magistrate, judge of police, or justice of "the peace, who shall interpose his authority thereto in writing. It "shall be lawful for the directors to discharge or dismiss any "inmate." For Acts see Appendix K (1) and L, pp. 191 and 220. † As to mode of obtaining certificate, see section 4, ante, p. 2. By 20 & 21 Vict. c. 3. penal servitude is substituted for transportation in all cases arising after the commencement of that Act (1 July 1857). Rules respecting evidence. the first time with petty larceny or other minor offence, and unqualified for the 15th section of the Industrial Schools Act, 1866, that in cases where there are strong reasons for so doing the charge of felony should be abandoned on the understanding that the child be dealt with under the Industrial Schools Act (where the facts. justify such a course), either by the parent declaring the child to be beyond his control under section 16, or by the child being charged as a person frequenting the company of thieves under section 14, though the danger of sending young habitual thieves to an industrial school will of course have to be guarded against. RULES RESPECTING EVIDENCE under this ACT. 33. The following rules shall be enacted with respect to evidence under this Act: (1.) The production of the London or Edinburgh Gazette containing a notice of the grant or withdrawal of a certificate by the Secretary of State to or from a reformatory school or of the resignation of any such certificate, shall be sufficient evidence of the fact of the publication of such notice, and also of the fact of a certificate having been duly granted to or withdrawn from the school named in the notice, or resigned by the managers thereof. (2.) The grant of a certificate to a certified school may also be proved by the production of the certificate itself, or of a copy of the same, purporting to be signed by the Inspector of Reformatory Schools. (3.) The production of the warrant or other document in pursuance of which a youthful offender is directed to be sent to a certified reformatory school, with a statement indorsed thereon or annexed thereto, purporting to be signed by the superintendent or other person in charge of the school, to the effect that the offender therein named was duly received into and is at the date of the signing thereof detained in the school, or has been otherwise dealt with according to law, shall in all proceedings relating to such offender be evidence of the identity of and of the due conviction and imprisonment of and subsequent detention of the offender named in the warrant or other document. |