school as they have in relation to a certified industrial school; 39 & 40 Vict. 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 and of the parent of a child, and upon the undertaking 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 provided 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 time recommends. It shall be lawful for Her Majesty from time to 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 c. 79. 39 & 40 Vict. c. 79. Power of officer of local authority to enter place of employment. Exemption of employer on proof of guilt of some other person. 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. 29 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 fortyeight hours from the date of the order, and examine such place and any person found 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. Legal Proceedings. 39 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. 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. Where an employer charged with taking a child into his employment in contravention of this Act proves that he has used due diligence to enforce the observance of this Act, and either that some agent or workman of his employed the child without his knowledge or consent, or that the child was employed either on the production of a forged or false certificate and under the belief in good faith in the genuineness and truth of such certificate, or on the representation by his parent that the child was of an age at which his employment would not be in contravention of this Act and under the belief in good faith in such representation, the employer shall be exempt from any penalty. Where an employer satisfies the local authority, inspector, or 39 & 40 Vict. other person about to institute a prosecution that he is exempt c. 79. under this section by reason of some agent, workman, or parent, being guilty and gives all facilities in his power for proceeding against and convicting such agent, workman, or parent, such authority, inspector, or person shall institute proceedings against such agent, workman, or parent, and not against the employer. 47 A parent of a child who employs such child in any labour exercised by way of trade or for the purposes of gain, shall be deemed for the purposes of this Act to take such child into his employment. Definition of employment in case of parent. 48 A child in this Act means a child between the ages of five General and fourteen years. definitions. THE CANAL BOATS ACT, 1877. 40 & 41 VICT. c. 60. of children dwelling on board canal 6 A child in a canal boat, registered in pursuance of this Act, Education and his parents, shall for the purposes of the Elementary Education Acts, 1870, 1873 and 1876, be deemed subject as hereinafter mentioned to be resident in the place to which the boat is registered as belonging, and shall be subject accordingly to any byelaw in force under the said Acts in that place. Provided that if the parent satisfies the school board or school attendance committee having authority in that place that the child is actually attending school, or is under efficient instruction in accordance with the said Acts in some other school district the said board or committee shall grant him without charge a certificate to that effect, and thereupon he and his child shall be deemed for the purposes aforesaid to be resident in the school district in which the child is so attending school or under efficient instruction, and shall be subject to any byelaw in force therein. The said certificate may, on application by the parent, be rescinded or varied by the school board or school attendance committee for the place to which the boat is registered as belonging, and may be rescinded without application by any such board or committee if they are satisfied after due notice to the parent that his child is not properly attending school or under efficient instruction in the school district mentioned in the certificate.(k) (k) By the Canal Boats Act, 1884, 47 & 48 Vict. c. 75, s. 2, the master and owner of the boat are made liable to penalties for breach of ment. boats. Obligation of parents as to blind and deaf children. Duty of school authority with respect to blind and deaf children. ELEMENTARY EDUCATION (BLIND AND DEAF 56 & 57 VICT. c. 42. 1 (1) The efficient elementary instruction which under the Elementary Education Act, 1876, a parent must cause his child to receive, shall, in the case of a blind or deaf child, be construed as including instruction suitable to such a child, and the fact of a child being blind or deaf shall not of itself, except in the case of a deaf child under seven years of age, be a reasonable excuse for not causing the child to attend school, or for neglecting to provide efficient elementary instruction for the child. (2) In the case of a blind or deaf child, the fact that there is not within any particular distance from the residence of the child any public elementary school which the child can attend shall not of itself be a reasonable excuse for not causing the child to attend school, or for neglecting to provide efficient elementary instruction for the child. 2 (1) It shall be the duty of every school authority, as defined by this Act, to enable blind and deaf children resident in their district, for whose elementary education efficient and suitable provision is not otherwise made, to obtain such education in some school for the time being certified by the Education Department as suitable for providing such education, and for that purpose either to establish or acquire and to maintain a school so certified, or to contribute, on such terms and to such extent as may be approved by the Education Department, towards the establishment or enlargement, alteration, and maintenance of a school so certified, or towards any of these purposes, and, where necessary or expedient, to make arrangements, subject to regulations of the Education Department, for boarding out any blind or deaf child in a home conveniently near to the certified school where the child is receiving elementary education. (2) Provided that the duty of a school authority under this section shall not extend to children who are (a) idiots or imbeciles; or (b) resident in a workhouse or in any institution to which they have been sent by a board of guardians from a workhouse; or (c) boarded out by guardians. (3) Where a school authority contributes under this section to the establishment, enlargement, or alteration of a certified school maintained by another authority, the terms approved by the Education Department shall include security for repayment of the value of the contribution, in the event of the school ceasing to be certified. ELEMENTARY EDUCATION (DEFECTIVE AND 1 (1) A school authority, as defined by the Elementary Education (Blind and Deaf Children) Act, 1893, may, with the approval of the Education Department, make such arrangements as they think fit for ascertaining— (a) What children in their district, not being imbecile, and not being merely dull or backward, are defective, that is to say, what children by reason of mental or physical defect are incapable of receiving proper benefit from the instruction in the ordinary public elementary schools, but are not incapable by reason of such defect of receiving benefit from instruction in such special classes or schools as are in this Act mentioned; and (b) What children in their district are epileptic children, that is to say, what children, not being idiots or imbeciles, are unfit by reason of severe epilepsy to attend the ordinary public elementary schools. (2) The school authority, in making their arrangements under this section, shall provide facilities for enabling any parent, who is of opinion that his child ought to be dealt with under this Act, to present such child to the school authority to be examined, although he may not have been required so to do by that authority; and any school authority failing to provide such facilities shall be deemed to have acted in contravention of this Act. (3) For the purpose of ascertaining whether a child is defective or epileptic within the meaning of this section, a certificate to that effect by a duly qualified practitioner approved by the Education Department shall be required in each case. The certificate shall be in such form as may be prescribed by the Education Department. (4) For the purpose of the exercise of the powers conferred by this section, it shall be the duty of the parent of any child who may be required by the school authority to be examined to cause the child to attend such examination, and any parent who fails to comply with such requirement shall be liable on summary conviction to a fine not exceeding five pounds. 2 (1) Where a school authority have ascertained that there are in their district defective children, they may make provision for the education of such children by all or any of the following means:(a) By classes in public elementary schools certified by the Education Department as special classes; or (b) By boarding out, subject to the regulations of the Education C. K Power to school authority to determine what children are defective or epileptic. Power to provide for education of defective and epileptic children. |