Refusal to conform to rules (England and Scotland). Penalty on child escaping from school. Offences at Schools, &c. 32. If a child sent to a certified industrial school, and while liable to be detained there, being apparently above 10 years of age, and whether lodging in the school itself or not, wilfully neglects or wilfully refuses to conform to the rules of the school, he shall be guilty of an offence against this Act, and on summary conviction thereof before two justices† or a magistrate† shall be liable to be imprisoned, with or without hard labour, for any term not less than 14 days and not exceeding three months, and the justices or magistrate before whom he is convicted may direct him to be sent at the expiration of the term of his imprisonment to a certified reformatory school, and to be there detained subject and according to the provisions of the Reformatory Schools Act, 1866.§ 33. If a child sent to a certified industrial school, and while liable to be detained there, and whether lodging in the school itself or not, escapes from the school, or neglects to attend thereat, he shall be guilty of an offence against this Act, and may at any time before the expiration of his period of detention be apprehended without warrant, and may (any other Act to the contrary notwithstanding) be then brought* before a justicet or magistratet having jurisdiction in the place or district where he is found, or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a justice or magistrate, to be, The proceedings will be in England under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881 (27 & 28 Vict. c. 53 and 44 & 45 Vict. c. 33). † See section 4, ante, p. 46. I.e., calendar months, 13 & 14 Vict. c. 21. s. 4. This now refers to section 1 of the Reformatory Schools Act, 1893, see Reformatory Schools Acts, p. 6. But it should be noted that as an order of detention in an industrial school is not a conviction, a child can only be sent under sub-section (a) of section of the Act of 1893, and therefore must be 12 years of age. For the form of the conviction, order of detention, and of the indorsement of the nomination of the school on the order of detention, see the Reformatory Schools Act, Appendix A, forms under the rule, and the schedule of the Summary Jurisdiction Acts, post, p. 28. by and at the expense of the managers of the school, brought back to the same school, there to be detained. during a period equal to so much of his period of detention as remained unexpired at the time of his committing the offence. If the child charged with such an offence is apparently above ten years of age, then on his summary conviction of the offence before two such justices or such a magistrate he shall be liable, at the discretion of the justices or magistrate, instead of being sent back to the same school, to be imprisoned with or without hard labour for any term not less than fourteen days and not exceeding three months,* and the justices or magistrate before whom he is convicted may direct him to be sent at the expiration of the term of his imprisonment to a certified reformatory school, and to be there detained subject and according to the provisions of the Reformatory Schools Act, 1866.† 34. If any person does any of the following things (that is to say)— First, knowingly assists, directly or indirectly, a Third, knowingly harbours or conceals a child who * I.e., calendar months, 13 & 14 Vict. c. 21. s. 24. † See note § on p. 70. The proceedings will be in England under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881 (27 & 28 Vict. c. 53 and 44 & 45 Vict. c. 33). § See section 4, ante, p. 46. As to the recovery of civil debts and imprisonment in default of payment in a court of summary administration in England, see section 35 of the Summary Jurisdiction Act, 1879, (42 & 43 Vict. c. 49). It would seem from these words, together with the definition of the term "two justices" given in section 4, ante, p. 46, that the persons included under the term " 'magistrate" are empowered to impose a pecuniary penalty only, but not a term of imprisonment. 29 & 80 Vict. c. 117. Penalty on persons industrial schools Penalty for inducing child placed on term not exceeding two months,* with or without hard By the Industrial Schools Acts Amendment Act 2. Section thirty-four of the Industrial Schools Act, 1866, shall be read and construed as if after the three licence to escape, &c. offences therein severally specified there were added the following offence; namely (England and Scotland). Power to Treasury to Power to prison Power to guardians of poor, &c., to contribute. Fourth, knowingly assists or induces, directly or indirectly, a child placed on licence to escape from any person with whom the child is so placed on licence, or prevents the child from returning to any person aforesaid. THE INDUSTRIAL SCHOOLS ACT, 1866. 35. The Commissioners of Her Majesty's Treasury may from time to time contribute, out of money provided by Parliament for the purpose, such sumet as the Secretary of State from time to time thinks fit to recommend towards the custody and maintenance of children detained in certified industrial schools; provided that such contributions shall not exceed two shillings per head per week for children detained on the application of their parents, step-parents, or guardians.‡ 36. In England a prison authority§ may contract with the managers of a certified industrial school for the reception and maintenance therein of such children as are from time to time ordered by justices to be sent there from the district of the prison authority. 37. The guardians of the poor of a union or parish,¶ or the board of management of a district pauper school, or the parochial board of a parish or combination,** may from time to time, with the consent in England of the *I.e., calendar months. † For the scale see Appendix N, post, p. 244. As regards the grant to Day Industrial Schools see Recommendations of the Secretary of State, Appendix F., p. 144. See the Reformatory Schools Act, 1866, section 3, note, ante, p. 2. The term parish " includes a place separately maintaining its own poor, see section 4, ante, p. 47. ** Now the "parish cour cl" in Scotland. 1 poor law board,* and in Scotland of the board of supervision,† contribute such sums as they think fit towards the maintenance of children detained in a certified industrial school on their application. By section 4 of the Elementary Education (Industrial Schools) Act, 1879 (42 & 43 Vict. c. 48), power is given to authorities in England appointing school attendance committees to contribute towards maintenance of children sent to school, on complaint of such committees. Where a child is ordered upon complaint made by a Power of guardians school attendance committee to be sent to a certified to contribute to industrial school, the council, guardians, or sanitary in industrial school maintenance of child authority appointing such committee shall have, on the (England). recommendation of the committee, the same power of contributing toward the maintenance of such child in the said school as if they were a school board, and the contribution by such guardians shall require the like consent as is required under section 31 of the Elementary Education Act, 1876,§ to any other expense incurred by a school attendance committee. The expenses of any such contribution shall be paid in like manner as the expenses of the school attendance committee, on whose recommendation the contribution is made, are paid in pursuance of the Elementary Education Act, 1876. *Now the Local Government Board. P. 47. Now the Local Government Board of Scotland. See sections 5 and 7 of the Industrial Schools Act, 1866, ante, § 39 & 40 Vict. c. 79. section 31, which enacts that: "A school "attendance committee under this Act shall not incur any expense, "or appoint, employ, or pay any officer without the consent of the "council or guardians by whom the committee were appointed, and "where they are appointed by guardians, also of the Local Govern"ment Board, but with such consent may employ and pay any officer "of such council or guardians. The expenses (if any) of a school "attendance committee under this Act shall shall be paid,— "(1.) Where the committee is appointed by a council, out of the borough fund or borough rate; and, 66 (2.) Where the committee is appointed by a board of guardians, "For the purpose of obtaining payment of such expenses, the board of guardians shall have the same powers as they have for the purpose of obtaining contributions to their common fund under the Acts relating to the relief of the poor." Recovery of cost of maintenance in schools in Scotland when parishes, &c. are liable. Contribution by parent, &c. Order for enforce ment of contribution by parent, &c. THE INDUSTRIAL SCHOOLS ACT, 1866. 38. In Scotland, where a child sent to a certified industrial school under this Act is at the time of his being so sent, or within three months then last past has been chargeable to any parish, the parochial board and inspector of the poor of the parish of the settlement of such child, if the settlement of the child is in any parish in Scotland, shall, as long as he continues so chargeable, be liable to repay to the Commissioners of Her Majesty's Treasury all expenses incurred in maintaining him at school under this Act to an amount not exceeding five shillings per week, and in default of payment those expenses may be recovered by the Inspector of Industrial Schools, or any agent of the Inspector, in a summary manner before a magi-trate having jurisdiction in the place where the parish is situate. Provided always, that nothing in this Act shall prevent any parochial board on whose funds the cost of support of any such child has become a charge from adopting such steps for the recovery of any sums which may have been paid by such parochial board for any such child against the parish of his settlement, or for his removal, as may be competent to them under any Act for the time being in force relating to the relief of the poor in Scotland. 39. The parent, step-parent, or other person for the time being legally liable* to maintain a child detained in a certified industrial school shall, if of sufficient ability, contribute to his maintenance and training therein a sum not exceeding five shillings per week. 40. On the complaint† of the inspector of industrial schools, or of any agent of the inspector, or of any constable under the directions of the inspector (with which directions every constable is hereby required to comply), at any time during the detention of a child * See the Reformatory Schools Act, 1866, section 25, note (*), ante, p. 16, and section 12 of the Elementary Education Act, 1876, ante, p. 56. † See the Form C. of the complaint in the second schedule to this Act, p. 85. The proceedings will be in England under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881 (27 & 28 Vict. c. 53 and 44 & 45 Vict. c. 33). |