represent to two justices or a magistrate that any child apparently under the age of fourteen years maintained in a workhouse or pauper school of a union or parish, or in a district pauper school, or in the poorhouse of a parish or combination, is refractory, or is the child of parents either of whom has been convicted of a crime or offence punishable with penal servitude or imprisonment, and that it is desirable that he be sent to an industrial school under this Act, the justices or magistrates may, if satisfied that it is expedient to deal with the child under this Act, order† him to be sent to a certified industrial school.‡

By section 14 of the Prevention of Crimes Act, 1871, (34 & 35 Vict. c. 112.) an additional power of detention has been given.

Where any woman is convicted of a crime, and a As to care of children previous conviction of crime is proved against her, any of women convicted of crimes (England and children of such woman under the age of fourteen Scotland). years who may be under her care and control at the time of her conviction for the last of such crimes, and who have no visible means of subsistence, or are without proper guardianship, shall be deemed to be children to whom in Great Britain the provisions of the Industrial Schools Act, 1866, and in Ireland the provisions of the Industrial Schools (Ireland) Act, 1868, apply, and the court by whom such woman is convicted, or two justices* or a magistrate,* shall have the same power of ordering|| such children to be sent to a certified industrial schooltas is vested in two justices or a magistrate by the fourteenth section of the Industrial Schools Act, 1866, and by the eleventh section of the Industrial Schools (Ireland) Act, 1868, in respect of the children in the said sections described.

* See section 4, ante, p. 46.

† See the Form (I.) under the Rule and Schedule of additional Forms under the Summary Jurisdiction Acts, Appendix A., post, p. 92. See sections 5 and 7, ante, p. 47.

This gives power to a superior court to send a child to an industrial school, which it has not under the Industrial Schools Act, 1866.

This Act appears to be only operative through recital C. of the Rule and Schedule of additional Forms under the Summary Jurisdiction Acts, and as far as certified schools are concerned to apply to children only under 14 years of age, see Appendix A., post, p. 91.. See ante, p. 53.

Proceedings on disobedience to order of

court for attendance

Additional power has also been given to justices in England by section 12 of the Elementary Education Act, 1876.

Where an attendance order is not complied with, without any reasonable excuse within the meaning of at school (England). this Act, a court of summary jurisdiction, on complaint made by the local authority, may, if it think fit, order as follows:

(1.) In the first case of non-compliance, if the parent
of the child does not appear, or appears and fails
to satisfy the court that he has used all reasonable
efforts to enforce compliance with the order,* the
court may impose a penalty not exceeding with
the costs five shillings; but if the parent satisfies
the court that he has used all reasonable efforts
as aforesaid, the court may, without inflicting a
penalty, order† the child to be sent to a certified
day industrial school, or if it appears to the
court that there is no such school suitable for the
child, then to a certified industrial school;§ and
(2.) In the second or any subsequent case of non-
compliance with the order, the court may order
the child to be sent to a certified day industrial
school, or if it appears to the court that there is
no such school suitable for the child then to a
certified industrial school,§ and may further in
its discretion inflict any such penalty as aforesaid,
or it may for each such non-compliance inflict
any such penalty as aforesaid without ordering
the child to be sent to an industrial school; §

Provided that a complaint under this section with respect to a continuing non-compliance with any attendance order shall not be repeated by the local authority at any less interval than two weeks.

A child shall be sent to a certified industrial school§ or certified day industrial school in pursuance of this

*I.e., under section 11 of the Elementary Education Act, 1876. † For Form see recital (K.) of the Rule and Schedule of additional Forms under the Summary Jurisdiction Acts, Appendix A., p. 92.

For the provisions relating to Day Industrial Schools, see Day Industrial Schools, post, p. 81, and the Orders in Council, p. 123., § See sections 5 and 7, ante, p. 47.

section in like manner as if sent in pursuance of the Industrial Schools Act, 1866, and when so sent shall be deemed to have been sent in pursuance of that Act and the Acts amending the same; and the parent, if liable under the said Acts to contribute to the maintenance and training of his child when sent to an industrial school, shall be liable so to contribute when his child is sent in pursuance of this section.

And by section 13 of the same Act—

Where the local authority are informed by any Duty of local authoperson of any child in their jurisdiction who is stated rity as to taking by that person to be liable to be ordered by a court Act or 29 & 30 Viet. proceedings under this under this Act to attend school, or to be sent under c. 118. this Act, or the Industrial Schools Act, 1866, to an industrial school, it shall be the duty of the local authority to take proceedings under this Act or the Industrial Schools Act, 1866, accordingly, unless the local authority think that it is inexpedient to take such proceedings.

Provided that nothing in this section shall relieve the local authority from the responsibility of performing their duty under the other provisions of this Act.

Another power of detention of children in Industrial Schools has been provided by section 16 of the Elementary Education Act, 1876, which enacts that it shall be lawful 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, &c., and such order may provide that a child committed to a Day Industrial School may be punished for an offence by being sent to a certified Industrial School in lieu of a certified Reformatory School, &c. Confer "Day Industrial Schools," post, p. 83, and Order in Council, p. 123.

By the Industrial Schools Acts Amendment Act, 1880, it is provided with the view of extending the benefits of Industrial School training, and withdrawing children from contaminating influences, that

Extension of 29 & 30
Vict. c. 118. s. 14 to

other descriptions of
children (England).

Officer to enforce

attendance at school (England).

Enforcement of Act by school board or school attendance committee of existing local authority or by inspectors of factories or mines (England).

1. Section fourteen of the Industrial Schools Act, 1866,* and section eleven of the Industrial Schools Act (Ireland), 1868, shall be respectively read and construed as if, after the four several descriptions therein respectively contained, there were added the following descriptions,† namely,

That is lodging, living, or residing with common or reputed prostitutes, or in a house resided in or frequented by prostitutes for the purpose of prostitution :

That frequents the company of prostitutes.

Section 36 of the Elementary Education Act, 1870, (33 & 34 Vict. c. 75.) provides for the appointment of an officer by the school board to bring children before justices.

Every school board may, if they think fit, appoint an officer or officers to enforce any byelaws under this Act with reference to the attendance of children at school, and to bring children who are liable under the Industrial Schools Act, 1866, to be sent to a certified industrial school before two justices in order to their being so sent, and any expenses incurred under this section may be paid out of the school fund.

And the following sections 7 and 13 of the Elementary Education Act, 1876, (39 & 40 Vict. c. 79.) imposes on school boards and school attendance committees the duty to take proceedings to send children to school.

The provisions of this Act respecting the employment of children shall 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 this Act referred to as a school attendance
committee) appointed annually, if it is a borough,
by the council of the borough, and, if it is a parish,
by the guardians of the union comprising such
parish.

A school attendance committee under this section may consist of not less than six nor more than twelve members of the council or guardians appointing the committee, so, however, that, in the case of a committee appointed by guardians, one third at least shall consist

*See ante, p. 53.

† For the Form see Recitals E. and F. of the Rule and Schedule of additional Forms under the Summary Jurisdiction Acts, post, Appendix A., p. 91.

of ex-officio guardians, if there are any and sufficient ex-officio guardians.

Every such school board and school attendance committee (in this Act referred to as the local authority) shall, as soon as may be, publish the provisions of this Act within their jurisdiction in such manner as they think best calculated for making those provisions known.

Provided that it shall be the duty of the inspectors and sub-inspectors acting under the Acts regulating factories, workshops, and mines respectively, and not of the local authority, to enforce the observance by the employers of children in such factories, workshops, and mines of the provisions of this Act respecting the employment of children; but it shall be the duty of the local authority to assist the said inspectors and subinspectors in the performance of their duty by information and otherwise.

It shall be the duty of such local authority to report to the Education Department any infraction of the provisions of section seven of the Elementary Education Act, 1870, in any public elementary school within their district which may come to their knowledge, and also to forward to the Education Department any complaint which they may receive of the infraction of those provisions.

this Act or 29 & 30

Where the local authority are informed by any person Duty of local authoof any child in their jurisdiction who is stated by that rity as to taking person to be liable to be ordered by a court under this proceedings under Act to attend school, or to be sent under this Act, or Vict. c. 118. (Engthe Industrial Schools Act, 1866, to an industrial land). school, it shall be the duty of the local authority to take proceedings under this Act or the Industrial Schools Act, 1866, accordingly, unless the local authority think that it is inexpedient to take such proceedings.

Provided that nothing in this section shall relieve the local authority from the responsibility of performing their duty under the other provisions of this Act.

Section 50 also of the same Act provides as to committal in previous Acts not affected by the Elementary Education Acts.

Where any act, neglect, or default is punishable Construction of this under this Act and also under any other enactment, or Act with other enactany byelaw made by a school board or other local ments (England). authority for the time being in force, proceedings may