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Use of forms in schedule (England and Scotland).

Service of notices on

and Scotland).

66

"of the peace out of sessions, within England and Wales, with respect to summary convictions and "orders," and any Acts amending the same;

In Scotland, the Summary Procedure Act, 1864-* Shall apply to all offences, payments, and orders in respect of which jurisdiction is given to justicest or a magistratet by this Act, or which are by this Act directed to be prosecuted, enforced or made in a summary mauner or on summary conviction.

52. No summons, notice, or order made for the purpose of carrying into effect the provisions of this Act shall be invalidated for want of form only; and the forms in the schedule to this Act annexed, or forms to the like effect, may be used in the cases to which they refer, with such variations as circumstances require, and when used shall be deemed sufficient.

53. Any notice may be served on the managers of a managers (England certified industrial school by being delivered to any one of them personally, or being sent by post or otherwise in a letter addressed to them or any of them at the school, or at the usual or last known place of abode of any of the managers, or of their secretary.

Application of Act to existing certified schools (England and Scotland).

54. This Act shall apply to all certified industrial schools being such at the passing of this Act, and to all children sent thereto before the passing of this Act, but no child shall be detained at any industrial school, in pursuance of any order made before the passing of this Act, for a longer period than he would have been liable to be detained if this Act had not been passed.

* Now has been added the Summary Procedure Act of 1881.

† See section 4, ante, p. 47.

For a list of certified industrial schools, showing the locality and the date of the certificate of each school, see Appendix B., p. 94.

DAY INDUSTRIAL SCHOOLS.

By the Elementary Education Act, 1876 (39 & 40 Vict. c. 79).

of day industrial

16. If a Secretary of State is satisfied that, owing to Establishment, &c. the circumstances of any class of population in any schools (England). school district, a school in which industrial training, elementary education, and one or more meals a day, but not lodging, are provided for the children, is necessary or expedient for the proper training and control of the children in such class, he may, in like manner as under the Industrial Schools Act, 1866,* certify any such school (in this Act referred to as a day industrial school) in the neighbourhood of the said population to be a certified day industrial school.

Any child authorised by the Industrial Schools Act, 1866 to be sent to a certified industrial school, may, if the court before whom the child is brought think it expedient, be sent to a certified day industrial school; any child sent to a certified day industrial school by an order of a courts (other than an attendance order under this Act) may during the period specified in the order be there detained during such hours as may be authorised by the rules of the school approved by the said Secretary of State.

A certified day industrial school shall be deemed to be a certified efficient school within the meaning of this Act.

* For mode of certifying an industrial school and withdrawal of certificate see sections 7, 9, 15, 44 to 48 of the Industrial Schools Act, 1866.

For the instructions and regulations of the Secretary of State to be observed by managers desirous of obtaining a certificate under the Order in Council, see Appendix G., p. 149.

See sections 14, 15, 16, 17 of the Industrial Schools Act, 1866, ante, but the application of these sections is varied by the Order in Council of March 1877, see Appendix E., p. 123.

§ For order of detention see the forms under the rule and schedule under the Summary Jurisdiction Acts, Appendix A., p. 90.

A 88157.

Powers of prison authorities and school board in relation to.

Contribution by Treasury for children in.

Contribution by parents.

In the case of a certified day industrial school,

(1.) A prison authority within the meaning of the Industrial Schools Act, 1866,* and a school board shall respectively have the same powers in relation to a certified day industrial school as they have in relation to a certified industrial school,† and

(2.) There may be contributed out of moneys provided by Parliament towards the custody, industrial training, elementary education, and meals of children sent by an order of a court other than an attendance order under this Act to a certified day industrial school, such sums not exceeding one shilling per head per week, and on such conditions as a Secretary of State from time to time recommends; and

(3.) Where a court of summary jurisdiction orders otherwise than by an attendance order under this Act a child to be sent to a certified day industrial school, the court shall also order the parent of such child, if liable to maintain him, to contribute to his industrial training, elementary education, and meals in the school such sum not exceeding two shillings per week as is named in the order; it shall be the duty of the local authority to obtain and enforce the said order, and every sum paid under the order shall be paid over to the local authority in aid of their expenses under this Act; if a parent resident in any parish is unable to pay the sum required by the said order to be paid, he shall apply to the guardians having jurisdiction in the parish, who, if satisfied of such inability, shall give the parent sufficient relief to pay the said sum, or so much thereof as they consider him unable to pay, and the money so given shall be charged to the parish as provided by this Act in the case of money given for the payment of school fees; and

(4.) The managers of a certified day industrial school may, upon the request of a local authority

* See section 4 (note), ante, p. 47.

For the powers in relation to a certified industrial school see section 12 of the Industrial Schools Act, 1866, p.48.

See section 35 of the Industrial Schools Act, 1866, ante, p. 63.

and of the parent of child, and upon the under-
taking of the parent to pay towards the industrial
training, elementary education, and meals of such
child such sum, not less than one shilling a week,
as a Secretary of State from time to time fixes,
receive such child into the school under an
attendance order or without an order of a court;
and there may be contributed out of moneys pro-
vided by Parliament in respect of that child such
sum, not exceeding sixpence a week, and on such
conditions as a Secretary of State from time to
recommends.

Council.

It shall be lawful for Her Majesty from time to Powers by Orders in time, 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, with such modifications as appear to Her Majesty to be necessary or proper for adapting such provisions to a day industrial school, and bringing them into conformity with this Act; and such Order may provide that a child may be punished for an offence by being sent to a certified industrial in lieu of a certified reformatory school, or may otherwise mitigate any punishment imposed by the said Act.

It shall be lawful for Her Majesty from time to time, by Order in Council, to revoke and vary any Order in Council made under this section.

Every such Order shall be laid before both Houses of Parliament within one month after it is made if Parliament be then sitting, or if not, within one month after the beginning of the then next session of Parliament, and while in force shall have effect as if it were enacted in this Act.

A Secretary of State may from time to time make, and when made revoke and vary, the forms of orders for sending a child to a day industrial school, and the manner in which children are to be sent to such school.

If a Secretary of State is of opinion that, by reason of a change of circumstances or otherwise, a certified

* For the Orders in Council, see Appendix E., p. 123. It should be observed that this Order in Council does not make provision for the detention of all the classes of children which come under the provisions mentioned in sections 14 and 17 of the Industrial Schools Act, 1866.

A 88147.

Conditions of contribution to day industrial schools.

day industrial school ceases to be necessary or expedient for the proper training and control of the children of any class of population in the neighbourhood of that school, he may, after due notice, withdraw the certificate of the school, and thereupon such school shall cease to be a certified day industrial school.

Provided, that the reasons for withdrawing such certificate shall be laid before both Houses of Parliament within one month after notice of the withdrawal is given, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament.

17. The conditions of a parliamentary contribution to a certified day industrial school, to be recommended by the Secretary of State, shall provide for the examination of the children according to the standards of proficiency for the time being in force for the purposes of a parliamentary grant to public elementary schools; but may vary the amounts of the contributions to be made in respect of such standards respectively.

Any conditions* recommended by a Secretary of State for the purposes of contributions to a day industrial school shall be laid before Parliam nt in the same manner as minutes of the Education Department relating to the annual parliamentary grant.

As regards day industrial schools in Scotland, see the Day Industrial Schools (Scotland) Act, Appendix H. (1), p. 151; the Order in Council thereon of 11th May 1895, Appendix H. (2), p. 156; the Glasgow Juvenile Delinquency Prevention and Repression Act, 1878, and the Order of the Secretary of State of the 31st May 1892 thereon, Appendix K. (1), (2), pp. 190 and 215.

*As to recommendations of the Secretary of State as to Parliamentary Grant, see Appendix F., post, p. 144,

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