(4) A child shall not be employed to lift, carry, or move anything 3 Edw. 7, c. 45. so heavy as to be likely to cause injury to the child.

(5) A child shall not be employed in any occupation likely to be injurious to his life, limb, health, or education, regard being had to his physical condition.

(6) If the local authority send to the employer of any child a certificate signed by a registered medical practitioner that the lifting, carrying, or moving of any specified weight is likely to cause injury to the child, or that any specified occupation is likely to be injurious to the life, limb, health, or education of the child, the certificate shall be admissible as evidence in any subsequent proceedings against the employer in respect of the employment of the child.

4 (1) A byelaw made under this Act shall not have any effect until confirmed by the Secretary of State, and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State may by general or special Order direct.

(2) The Secretary of State shall, before confirming any byelaw, consider any objections to it which may be addressed to him by persons affected or likely to be affected thereby.

3) The Secretary of State may, before confirming any byelaw, order that a local inquiry be held with respect to the byelaw or with respect to any objections thereto. The person holding any such inquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local inquiry shall be paid by the local authority making the byelaw.

(4) Byelaws made under this Act may apply either to the whole of the area of the local authority, or to any specified part thereof. (5) Byelaws made by a county council shall not be of any force or effect within any borough or urban district the council of which is constituted a local authority under this Act.

General pro

visions as to byclaws.

(6) Byelaws under the Prevention of Cruelty to Children Act, 57 & 58 Vict. 1894, shall be made by the same authority and confirmed in the same c. 41 way as byelaws under this Act. (e)

5 (1) If any person employs a child or other person under the Offences and age of sixteen in contravention of this Act, or of any byelaw under penalties. this Act, he shall be liable on summary conviction to a fine not exceeding forty shillings, or in case of a second or subsequent offence, not exceeding five pounds.

(2) If any parent or guardian of a child or other person under the age of sixteen has conduced to the commission of the alleged

(e) Repealed by Prevention of Cruelty to Children Act, 1904,

Second Schedule, but substantially
re-enacted by sec. 22 of that Act.

3 Edw. 7, c. 45. offence by wilful default, or by habitually neglecting to exercise due care, he shall be liable on summary conviction to the like fine.

Offences by agents or workmen and by parents.

(3) If any person under the age of sixteen contravenes the provisions of any byelaw as to street trading made under this Act, he shall be liable on summary conviction to a fine not exceeding twenty shillings, and in case of a second or subsequent offence, if a child, to be sent to an industrial school, and, if not a child, to a fine not exceeding five pounds.

(4) In lieu of ordering a child to be sent under this section to an industrial school, a Court of Summary Jurisdiction may order the child to be taken out of the charge or control of the person who actually has the charge or control of the child, and to be committed to the charge and control of some fit person who is willing to undertake the same until such child reaches the age of sixteen years: And the provisions of sections seven and eight of the Prevention of Cruelty to Children Act, 1894, shall, with the necessary modifications, apply to any order for the disposal of a child made under this sub-section.

6 (1) Where the offence of taking a child into employment in contravention of this Act is in fact committed by an agent or workman of the employer, such agent or workman shall be liable to a penalty as if he were the employer.

(2) Where a child is taken into employment in contravention of this Act on the production, by or with the privity of the parent, of a false or forged certificate, or on the false representation of his parent that the child is of an age at which such employment is not in contravention of this Act, that parent shall be liable to a penalty not exceeding forty shillings.

(3) Where an employer is charged with any offence under this Act he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge, and if, after the commission of the offence has been proved, the Court is satisfied that the employer had used due diligence to comply with the provisions of the Act, and that the other person had committed the offence in question without the employer's knowledge, consent, or connivance, the other person shall be summarily convicted of the offence, and the employer shall be exempt from any fine.

(4) When it is made to appear to the satisfaction of an inspector or other officer charged with the enforcement of this Act, at the time of discovering the offence, that the employer had used all due diligence to enforce compliance with this Act, and also by what person the offence had been committed, and also that it had been committed without the knowledge, consent, or connivance of the

employer, and in contravention of his order, then the inspector or 3 Edw. 7, c. 45. officer shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer.

7 With respect to summary proceedings for offences and fines Limitation of under this Act, and any byelaws made thereunder, the information time. shall be laid within three months after the commission of the offence.

8 If it appear to any justice of the peace, on the complaint of an officer of the local authority acting under this Act, that there is reasonable cause to believe that a child is employed in contravention of this Act in any place, whether a building or not, such justice may by order under his hand empower an officer of the local authority to enter such place at any reasonable time, within forty-eight hours from the date of the order, and examine such place and any person therein touching the employment of any child therein.

Any person refusing admission to an officer authorised by an order under this section, or obstructing him in the discharge of his duty, shall for each offence be liable on summary conviction to a penalty not exceeding twenty pounds.

Power of

officer of local authority to enter place of employment.

9 Byelaws made under this Act shall not apply to any child Employment above twelve employed in pursuance of the Factory and Workshop in factories. Act, 1901, or the Metalliferous Mines Regulation Act, 1872, or the 1 Edw. 7, c. 22. Coal Mines Regulation Act, 1887, so far as regards that employ- 35 & 36 Vict. ment; and in the application of section three to children employed c. 77. under those Acts the inspectors appointed under those Acts 50 & 51 Vict. shall be substituted for the local authority in respect of such c. 58. employment.

10 Nothing in this Act or in any byelaw made thereunder shall apply to the exercise of manual labour by any child under order of detention in a certified industrial or reformatory school, or by any child while receiving instruction in manual labour in any school.

11 Section three of the Prevention of Cruelty to Children Act, 1894 (which regulates the employment of children in public entertainments), shall have effect as if re-enacted in this Act (ƒ).

Provided as follows :—

(1) A licence under that section shall not be granted to any child under the age of ten years; and

(2) Any inspector or other officer charged with the execution of this

(f) Sec. 11 is repealed by the Prevention of Cruelty to Children

Act, 1904, Schedule 2. See note
on sec. 3 of that Act, ante, p. 73.

Saving for

industrial and other schools.

3 Edw. 7, c. 45.

Expenses of
Act in
England and
Wales.

Definitions.

Act shall have and may exercise all the powers of an inspector of factories and workshops under that section, and that section shall apply accordingly.

12 Any expenses incurred by a local authority in England and Wales in carrying into effect the provisions of this Act or any byelaw made thereunder shall be defrayed in the case of a county out of the county fund, and in the case of a borough out of the borough fund or borough rate, and in the case of any other urban district out of any rate or fund applicable for defraying expenses incurred in the execution of the Public Health Acts: Provided that a county council shall not raise any sum on account of their expenses under this Act within any borough or urban district the council of which is a local authority under this Act.

13 In this Act

The expression "child" means a person under the age of fourteen years:

The expression "guardian," used in reference to a child, includes any person who is liable to maintain or has the actual custody of the child:

The expression "employ" and "employment," used in reference to a child, include employment in any labour exercised by way of trade or for the purposes of gain, whether the gain be to the child or to any other person:

The expression "local authority" means, in the case of the City of London, the mayor, aldermen, and commons of that city in common council assembled, in the case of a municipal borough with a population according to the census of nineteen hundred and one of over ten thousand, the borough council, and in the case of any other urban district with a population according to the census of nineteen hundred and one of over twenty thousand, the district council, and elsewhere the county council (g)

The expression "street trading" includes the hawking of newspapers, matches, flowers, and other articles, playing, singing, or performing for profit, shoe-blacking, and any other like occupation carried on in streets or public places.

(g) The expression "local authority" has the same meaning in

the P. C. C. Act, 1904 (ante, p. 87), as is given to it by this definition.

V.

EDUCATION.

ELEMENTARY EDUCATION ACT, 1870.

33 & 34 VICT. C. 75.

Attendance at School.

74 Every school board may from time to time with the approval of the Education Department, make byelaws for all or any of the following purposes:

(1) Requiring the parents of children of such age, not less than five years nor more than thirteen years (a) as may be fixed by the byelaws, to cause such children (unless there is some reasonable excuse) to attend school:

(2) Determining the time during which children are so to attend school; provided that no such byelaws shall prevent the withdrawal of any child from any religious observance or instruction in religious subjects, or shall require any child to attend school on any day exclusively set apart for religious observance by the religious body to which his parent belongs, or shall be contrary to anything contained in any Act for regulating the education of children employed in labour:

(4) Imposing penalties for the breach of any byelaws: (5) Revoking or altering any byelaw previously made.

Provided that any byelaw under this section requiring a child between ten (b) and thirteen years of age to attend school shall provide for the total or partial exemption of such child from the obligation to attend school if one of Her Majesty's inspectors certifies that such child has reached a standard of education specified in such byelaw. Any of the following reasons shall be a reasonable excuse; namely,

(1) That the child is under efficient instruction in some other

manner:

(2) That the child has been prevented from attending school by sickness or any unavoidable cause:

(a) By 63 & 64 Vict. c. 53, s. 6, fourteen years is substituted.

(b) Now twelve: 62 & 63 Vict. c. 13, s. 1.

As to attendance of

children at school.