ducted in accordance with the religious persuasion to which the child belongs, then and in every such case the magistrate shall direct the child to be sent to the last-mentioned school accordingly, the inspector of the poor defraying the expense of conveying the child thither; provided that where the order of detention has been made, the application of the inspector to the magistrate be made within fourteen days of the day of the making of the Order.

detention.

22. The order of detention in a school shall be Order to be warrant forwarded to the managers of the school with the for conveyance and child, and shall be a sufficient warrant for the conveyance of the child thither, and his detention there.

ance to school (England and Scotland).

23. The expense of conveying to a certified in- Expenses of conveydustrial schoolt a child ordered to be sent there shall be defrayed by the police authorities by whom he is conveyed, and shall be deemed part of the current expenses of those police authorities.

detention.

24. An instrument purporting to be an order of Evidence of order of detention in a school and to be signed by two justicesģ or a magistrate,§ or purporting to be a copy of such an order and to be certified as such a copy by the clerk to the justices or magistrate by whom the order was made, shall be evidence of the order.

Management of School.

and Scotland).

25. A minister of the religious persuasion specified Religious instruction in the order of detention || as that to which the child in school (England appears to the justices or magistrate to belong, 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.¶

* See section 18, ante, p. 62.

† See section 5, ante, p. 47.

See section 5 and 7, ante, p. 47.

See section 4, ante, p. 46.

For the Forms of the various orders of detention see Forms under the Rule and Schedule of the Summary Jurisdiction Acts, Appendix A., post, p. 90.

¶ For the rules and regulations issued by the Secretary of State in regard to industrial schools see Appendix D, p. 108, and for the power given to a parent or guardian to apply to remove child to a school conducted in accordance with a child's religious persuasion, see section 20, ante, p. 63.

26. The managers of a school may permit a child sent there under this Act to lodge at the dwelling of his parent or of any trustworthy and respectable person, so that the managers teach, train, clothe, and feed the child in the school as if he were lodging in the school itself, and so that they report to the Secretary of State, in such manner as he think fit to require, every instance in which they exercise a discretion under this section.

*

27. The managers of a school may, at any time after the expiration of eighteen months† of the period of detention allotted to a child, by licence‡ under their hands, permit him to live with any trustworthy and respectable person named in the licence, and willing to receive and take charge of him.

Any licence so granted shall not be in force for more than three months,† but may at any time before the expiration of those three months be renewed for a further period not exceeding three months, to commence from the expiration of the previous period of three months, and so from time to time until the period of the child's detention is expired.

Any such licence may also be revoked at any time by the managers of the school by writing under their hands, and thereupon the child to whom the licence related may be required by them, by writing under their hands, to return to the school.

The time during which a child is absent from a school in pursuance of a licence shall, except where such licence has been forfeited by his misconduct, be deemed to be part of the time of his detention in the school, and at the expiration of the time allowed by the licence he shall be taken back to the school.

A child escaping from the person with whom he is placed under a licence, or refusing to return to the

*See section 18, ante, p. 62.

† I.e., calendar months, 13 & 14 Vict. c. 21. s. 4.

The managers of schools are required to furnish the Secretary of State with a return of all children in their school, together with the dates when licensed.

school on the revocation of his licence, or at the expiration of the time allowed thereby, shall be deemed to have escaped from the school,*

With the view of further protecting children after the term of their detention has expired an amendment of the above section has been introduced by the following sections of the Industrial Schools Acts Amendment Act, 1894 (57 & 58 Vict. c. 33), by which managers of industrial schools obtain supervision of those children committed to them for a further two years.

(1.) Every child sent to an industrial school after the passing of this Act shall, from the expiration of the period of his detention at such school, remain up to the age of eighteen under the supervision of the managers of the school.

(2.) The managers may grant to any child under their supervision a licence in the manner provided by section 27 of the Industrial Schools Act, 1866, and may revoke any such licence, and recall the child to the school; and any child so recalled may be detained in the school for a period not exceeding three months, and may at any time be again placed out on licence: Provided that

(a) a child shall not be so recalled unless the
managers are of opinion that the recall is
necessary for the protection of the child; and
(b) the managers shall send to the Secretary of
State an immediate notification of the recall of
any child, and shall state the reasons for the
recall; and

(c) they shall again place the child out as soon as
possible, and at latest within three months
after the recall, and shall forthwith notify the
Secretary of State that the child has been placed

out.

(3.) A licence granted to a child within three months before attaining the age of sixteen shall continue in force after the child attains that age, and may be revoked or renewed in the manner provided by section 27 of the Industrial Schools Act, 1866.

* As to the penalties on a child escaping from school see section 33, post, p. 70.

Supervision of children after discharge from industrial schools.

Licence to child sent

to industrial school to ing school (England).

live out while attend

Power to apprentice child (England and Scotland).

Power to apprentice
or dispose of child
(England and Scot-
land).

And by section 14 of the Elementary Education Act 1876 (39 & 40 Vict. c. 79)

Where a child is sent to a certified industrial school under this Act* or the Industrial Schools Act, 1866, upon the complaint or representation of the local authority under this Act, the managers of such school may, if they think fit, at any time after the expiration of one month after the child is so sent, give him a licence under section 27 of the Industrial Schools Act, 1866, to live out of the school, but the licence shall be conditional upon the child attending as a day scholar, in such regular manner as is specified in the licence, some school willing to receive him and named in the licence, and being a certified efficient school.

THE INDUSTRIAL SCHOOLS ACT, 1866.

28. The managers of a school may, at any time after a child has been placed out on licence as aforesaid, if he conducted himself well during his absence from the school, bind him, with his own consent, apprenticet to any trade, calling, or service, notwithstanding that his period of detention has not expired, and every such binding shall be valid and effectual to all intents.

But by "An Act to assist the managers of reforma66 tory and industrial schools in advantageously launching into useful careers the children under "their charge" the Reformatory and Industrial Schools Act, 1891 (54 & 55 Vict. c. 23), which applies to both English and Scotch schools, provides that

1. If any youthful offender or child detained in or placed out on licence from a certified reformatory or industrial school conducts himself well, the managers of the school may, with his own consent, apprentice him to, or dispose of him in, any trade, calling, or service, or by emigration, notwithstanding that his period of detention has not expired, and such apprenticing or disposition shall be as valid as if the managers were his parents.

*See section 12, ante, p. 56, and section 16 under the heading "Day Industrial Schools," post, p. 81.

The amendment of section 27 of the Industrial Schools Act, 1866, by section 1 of the Industrial Schools Act Amendment Act, 1894, does not apply to children committed under the Education Acts, 1870 to 1893, because these last Acts apply to children between the ages of 5 and 14. For the power of the prison authority in England to contribute towards the ultimate disposal of inmates of certified industrial schools see section 12, ante, p. 56.

As to the conditions to obtain Secretary of State's consent for disposal by emigration, see ante, the Reformatory Schools Acts, section 19, p. 13.

Provided that where he is to be disposed of by emigration, and in any case unless he has been detained for twelve months, the consent of the Secretary of State shall also be required for the exercise of any power under this section.

THE INDUSTRIAL SCHOOLS ACT, 1866.

of State.

29. The managers of a certified industrial school may Rules of school to be from time to time make rules for the management and approved by Secretary discipline of the school, not being inconsistent with the provisions of this Act; 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 Industrial Schools shall be evidence of the rules of the school.

This section, as in the Reformatory Schools (see section 12, p. 4, of the Reformatory Schools Act, 1866), makes it optional to managers to frame rules or not, but it is really obligatory, as no inmate of an Industrial School can be punished either by the manager or the board before which an offender may be brought, without the existence or the production of the duly authorised rules of the school, as the case may be.

For Model Rules issued by the Secretary of State, see Appendix D., post, p. 108.

&c.

30. A certificate purporting to be signed by one of Evidence as to the managers of a certified industrial school or their reception in school, secretary, or by the superintendent or other person in charge of the school, to the effect that the child therein named was duly received into and is at the signing thereof detained in the school, or has been duly discharged or removed therefrom or otherwise disposed of according to law, shall be evidence of the matters therein stated.

at school.

31. The time during which a child is detained in a Liability to removal school under this Act shall for all purposes be excluded not affected by stay in the computation of time mentioned in section one of the Act of the session of the ninth and tenth years of Her Majesty's reign (chapter 66), "To amend the laws relating to the removal of the poor," as amended by any other Act.