or a in a certified industrial school,* two justices magistrate† having jurisdiction at the place where the parent, step-parent, or other person liable as aforesaid resides may, on summons to the parent, step-parent, or other person liable as aforesaid, examine into his ability to maintain the child, and may, if they or he think fit, make an orders or decree on him for the payment to the inspector or his agents of such weekly sum, not exceeding five shilling per week, as to them or him seems reasonable, during the whole or any part of the time for which the child is liable to be detained in the school. Every such order or decree may specify the time during which the payment is to be made, or may direct the payment to be made 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 or decreed 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 sum 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 or a proper proportionate part thereof shall go in relief of the charges on Her Majesty's Treasury, and the same shall be accounted for as the Commissioners of Her Majesty's Treasury direct, and where the amount of the payment ordered in respect of any child exceeds the amount contributed by the Commissioners of Her Majesty's Treasury in *See sections 5 and 7, ante, p. 47. † See section 4, ante, p. 46. See the Form (D) of the summons in the second schedule to this Act, post p. 86. § See the Form (E) of the Order in the second schedule to this Act, post, p. 86, for England, and the Form (H) ib., post, p. 88, for Scotland. As to the recovery of civil debts, and to 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), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881. Detention o cease on child attaining 16 (England and Scotland). Transfer to another school by Secretary respect of that child, the balance shall be accounted for and paid to the managers of the school. The Secretary of State may, in his discretion, remit wholly or partially any payment so ordered. Two justices or a magistrate* having jurisdiction to make such an order or decree may from time to time vary any such order or decree as circumstances require, on the application either of the person on whom such order or decree is made, on of the inspector of industrial schools, on his agent, or fourteen days' notice being first given of such application to the inspector or agent, or to such person respectively. 41. A person who has attained the age of 16 years shall not be detained in a certified industrial school, except with his own consent in writing.† 42. The Secretary of State may at any time order a child to be transferred from one certified industrial of State (England and school to another, but so that the whole period of his Scotland). detention be not thereby increased. The Secretary of State may also at any time order a child being under sentence of detention in an industrial school established under any other Act of Parliament, the general rules for the government whereof * See section 4, ante, p. 46. †This consent must be forwarded under cover, with the application of the managers, to the Secretary of State, for his approval. A child shall now remain, after discharge, up to the age of 18, under the supervision of the managers of the school (see amendment of section 27, ante, p. 67. For the power of a parent, guardian, &c. to apply to a justice to remove a child to a school conducted in accordance with child's religious persuasion see section 20, ante, p. 63. For the power of the Secretary of State to discharge or remove a child under sentence of detention in a reformatory school or industrial school established under any other Act of Parliament, from or to a certified reformatory school, see section 17 of the Reformatory Schools Act, 1866, ante, p. 11. For the power of sending a child who wilfully refuses to conform to the rules of the industrial school in which he is detained to a reformatory school see sections 32 and 43 of the Industrial Schools Act, post, pp. 70 and 77. 66 66 § The other Acts of Parliament now in force relating to industrial schools are, 17 & 18 Vict. c. clxix, which is " an Act for the Provision, Regulation, and Maintenance of County Industrial Schools in Middlesex," and this provision was expressly introduced in order that Roman Catholic children confined in the Middlesex County Industrial School at Feltham may be removed to a certified industrial school conducted in accordance with their religious persuasion; the Glasgow Juvenile Delinquency Prevention and Repression Act, 1678; and the Aberdeen Reformatories and Industrial Schools Act, 1885, see App. J., p. 176; App. K (1), p. 190; App. I.., p. 220. have been approved by the Secretary of State, to be transferred to a certified industrial school under this Act; and in that case the child shall after the transfer be deemed to be subject in all respects to the provisions of this Act, but so that the whole period of his detention be not by such transfer increased.* The Commissioners of Her Majesty's Treasury may pay, out of money provided by Parliament for the purpose, such sum as the Secretary of State thinks fit to recommend, in discharge of the expenses of the removal of any child transferred under the provisions of this Act. 43. The Secretary of State may at any time ordert any child to be discharged from a certified industrial school or from any industrial school established under any other Act of Parliament, the general rules for the government whereof have been approved by the Secretary of State, either absolutely or on such condition as the Secretary of State approves, and the child shall be discharged accordingly. Withdrawal, &c., of Certificate of School. Discharge by Secreland and Scotland). tary of State (Eng State to withdraw and Scotland). 44. The Secretary of State, if dissatisfied with the Power for Secretary of condition of a certified industrial school,§ may at any certificate (England time, by notice under his hand addressed to and served on the managers thereof, declare that the certificate of the school is withdrawn as from a time specified in the notice, not being less than six months after the date thereof; and at that time the certificate shall be deemed to be withdrawn accordingly, and the school shall thereupon cease to be a certified industrial school. 45. The managers or the executors or administrators Resignation of certiof a deceased manager (if only one) of a certified indus- ficate by managers. trial school§ may give notice in writing to the Secretary of State of their intention to resign the certificate of that school, and at the expiration in the case of * Under the Middlesex Industrial Schools Act (17 & 18 Vict. c. clxix), a juvenile offender cannot be sentenced to be detained in an industrial school for more than three years, nor for less than one year, see section 35 of that Act. See App. J., p. 187. †The Secretary of State generally exercises this power of discharge in cases of physical unfitness, refusal to conform to rules, and cominit. ment to a reformatory under section 33. See section 42 and note, ante, p. 76. § See sections 5, 7, ante, p. 47. I.e., calendar months or month, as the case may be, 13 & 14 Vict. c. 21. s. 4. managers of six months* and in the case of executors or administrators of one month,* from the receipt of that notice by the Secretary of State (unless before that time the notice is withdrawn) the certificate shall be deemed to be resigned accordingly, and the school shall thereupon cease to be a certified industrial school. 46. A notice of the withdrawal or resignation of the certificate of a certified industrial schoolt shall within one month* be inserted by order of the Secretary of State in the London or in the Edinburgh Gazette, according as the school is in England or Scotland. A copy of the gazette containing such notice shall be conclusive evidence of such withdrawal or resigna tion. A certificate shall be presumed to be in force until the withdrawal or resignation thereof is proved. 47. Where notice is given of the withdrawal or resignation of the certificate of a certified industrial schoolt no child shall be received into the school for detention under this Act after the receipt by the managers of the school of the notice of withdrawal, or after the date of the notice of resignation, as the case may be; but the obligation of the managers to teach, train, clothe, lodge, and feed any children detained in the school at the time of such receipt or at the date of such notice shall, except as far as the Secretary of State otherwise directs,§ be deemed to continue until the withdrawal or resignation of the certificate takes effect, or until the contribution out of money provided by Parliament towards the custody and maintenance of the children detained in the school is discontinued, whichever shall first happen. 48. Where a school ceases to be a certified industrial school the children detained therein shall be either discharged or transferred to some other certified industrial school by order of the Secretary of State. * I.e., calendar months or month, as the case may be, 13 & 14 Vict. c. 21. s. 4. † See sections 5, 7, ante, p. 47. See section 18, ante, p. 62. This provision refers to the power of the Secretary of State to order the transfer of a child from one certified industrial school to another, see section 42, post, p. 76. See sections 44, 45, ante, p. 77. See section 35, ante, p. 72. Houses of Refuge, &c., in Scotland. *industrial schools 49. Where in any city, town, or place in Scotland In Scotland, power for there has been erected, under local Act of Parliament* under Local Acts, &c. or otherwise, any house of refuge for destitute children to receive children or any industrial school, or other similar institution, the (Scotland). commissioners, directors, or managers thereof may receive and maintain therein, if willing to do so, all such children 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 children; provided that such house of refuge, school, or institution is certified as industrial school under this Act, and the rules thereof and ali alterations thereof from time to time are approved by the Secretary of State. Expenses of Children in Schools. an 50. Expenses incurred† by a prison authority in Expenses of prison England in carrying into effect the provisions of this authorities and county Act shall be deemed expenses incurred by that boards how defrayed. authority in carrying into effect the provisions of the Prison Act, 1865, and shall be defrayed accordingly.§ 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.‡ Miscellaneous. 51. The following Acts—|| procedure (England In England, the Act of the session of the eleventh Acts regulating and twelfth year of her Majesty's reign (chapter 43 and Scotland). "to facilitate the performance of the duties of justices * The local Acts of Parliament now in force in Scotland are: The Glasgow Juvenile Delinquency Prevention and Repression Act, 1878, and the Aberdeen Reformatories and Industrial Schools Act, 1885, see App. K., p. 190 and App. L., p. 220. fAs to the power of contribution see section 12 and notes thereon, ante, p. 48. p. 2. See the Reformatory Schools Act, 1866, section 3, note (*), ante, § See the Reformatory Schools Act, 1866, section 30, notes, p. 21. These Acts have been repealed by the Summary Jurisdiction Act of 1879. |