62 & 63 Vict. c. 32. Provision of guides or conveyances. Obligation of parent as to defective and epileptic children. 39 & 40 Vict. c. 79. Department, any such child in a house conveniently near to a certified special class or school; or (c) By establishing schools, certified by the Education Department, for defective children. (2) Where a school authority have ascertained that there are in their district epileptic children, they may make provision for the education of such children by establishing schools, certified by the Education Department, for epileptic children. (3) The power conferred by this section shall include power to establish or acquire and to maintain certified schools, and to contribute, on such terms and to such extent as may be approved by the Education Department, towards the establishment, enlargement, or alteration, and towards the maintenance of certified schools. (5) The school authority, acting under this section, shall make provision for the examination from time to time of any child dealt with under this section, in order to ascertain whether such child has attained such a mental and physical condition as to be fit to attend the ordinary classes of public elementary schools; and the school authority shall make provision for such examination in the case of any child whose parent claims such examination of his child, provided that the parent shall not make such claim within less than six months after his child has been examined; and any school authority failing to make such provision as this subsection requires shall be deemed to have acted in contravention of this Act. 3 A school authority may provide guides or conveyances for children who, in the opinion of the school authority, are by reason of any physical or mental defect, unable to attend school without guides or conveyances. 4 (1) The duty of a parent under section four of the Elementary Education Act, 1876, to provide elementary instruction for his child shall, in the case of a defective or epileptic child over seven years of age in any place where a certified special class or school is within reach of the child's residence, include the duty to cause the child to attend such a class or school, and a parent shall not be excused from this duty by reason only that a guide or conveyance for the child is necessary. (2) In the case of an epileptic child whose age exceeds seven years, the school authority may, if they think fit, apply to a Court of Summary Jurisdiction for an order requiring the child to be sent to a certified school for epileptics, and if any parent fails to comply with the order, he shall be deemed to have failed to perform the duty prescribed by section four of the Elementary Education Act, 1876, and may be proceeded against 62 & 63 Vict. accordingly. c. 32. children. 11 For the purposes of the Elementary Education Acts, 1870 Period of to 1893, and of this Act, a defective or epileptic boy or girl shall education for be deemed to be a child until the age of sixteen years, and defective and epileptic the period of compulsory education shall, in the case of such a child, extend to sixteen years, and the attendance of such a child at school may be enforced as if it were required by byelaws made under the Elementary Education Acts, 1870 to 1893, and any such child shall not, in accordance with such byelaws, be entitled to total or partial exemption from the obligation to attend school. VI. REFORMATORY SCHOOLS. Short title. Application of Act. Definitions. Liabilities of managers. REFORMATORY SCHOOLS ACT, 1866. 29 & 30 VICT. c. 117. Preliminary. 1 This Act may be cited as "The Reformatory Schools Act, 1866." 2 This Act shall not extend to Ireland. 3 Managers" shall include any person or persons having the management or control of any school to which this Act applies: "Justice" shall apply to England only, and shall mean a justice of the peace having jurisdiction in the place where the matter requiring the cognizance of a justice arises: "Justices" shall apply to England only, and shall mean two or more justices in petty sessions, and shall include the Lord Mayor or an Alderman of the City of London, or a police or stipendiary magistrate or other justice having by law authority to act alone for any purpose with the powers of two justices: 66 Magistrate" shall apply to Scotland only, and shall include sheriff, sheriff substitute, justice of the peace of a county, judge in a police court, and provost or baillie of a city or burgh; Prison authority" shall in England mean the same persons as are defined to be prison authorities by the Prisons Act, 1865, and in Scotland shall mean the administrators of a prison, as defined by the Prisons (Scotland) Administration Act, 1860: "Visiting justice" shall in Scotland mean the administrators of a prison, defined as aforesaid. Certified Reformatory Schools. 8 The managers of a certified reformatory school may decline to receive any youthful offender proposed to be sent to them under this Act, but when they have once received him they shall be deemed to have undertaken to educate, clothe, lodge, and feed him during the whole period for which he is liable to be detained in the school, or until the withdrawal of resignation of the 29 & 30 Vict. certificate takes effect, or until the contribution out of money c. 117. provided by Parliament towards the custody and maintenance of the offenders detained in the school is discontinued, whichever shall first happen. 12 The managers of any certified reformatory school may from Power to make time to time make all necessary rules for the management and rules, &c. discipline of the school under their charge, but such rules shall not be contrary to the provisions of this Act, and shall not be enforced until they have been submitted to and approved in writing by the Secretary of State, and no alteration shall be made without the approval in writing of the Secretary of State in any rules so approved. 13 Every officer of a certified reformatory school authorised by Officers to have the managers of the school, in writing under their hands or the privileges, &c., hand of their secretary, to take charge of any youthful offender of constables. sentenced to detention under this Act for the purpose of conveying him to or from the school, or of bringing him back to the school in case of his escape or refusal to return, shall, for such purpose and while engaged in such duty, have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as a reformatory officer as any constable duly appointed has within his constablewick by common law, statute, or custom. Commitment of Offenders to and their Status at a Certified 14 . . . . (a) The particular school to which the youthful offender is to be sent may be named either at the time of his sentence being passed, or within seven days thereafter, by the Court, justices or magistrate who sentenced him, or in default thereof at any time before the expiration of his imprisonment by any visiting justice of the prison to which he is committed. In choosing a certified 1eformatory school, the Court, justices, magistrate, or visiting justice shall endeavour to ascertain the religious persuasion to which the youthful offender belongs, and, so far as is possible, a selection shall be made of a school conducted in accordance with the religious persuasion to which the youthful offender appears to the Court, justices, magistrate, or visiting justice to belong, which persuasion shall be specified by the Court, justices, magistrate, or visiting justice. (a) The first part of this section, which dealt with the commitment of offenders under sixteen years of age to reformatory schools, is re pealed by sec. 4, and replaced by 29 & 30 Vict. c. 117. Power to parent, &c., to apply to remove offender to a school conducted in accordance with offender's religious persuasion. Discharge or Secretary of It shall be lawful, upon the representation of the parent, or in the case of an orphan then of the guardian or nearest adult relative, of any offender detained in any such school, for a minister of the religious persuasion of such offender, at certain fixed hours of the day, which shall be fixed by the Secretary of State for the purpose, to visit such school for the purpose of affording religious assistance to such offender, and also for the purpose of instructing such offender in the principles of his religion. 16 The parent, step-parent, or guardian, or if there be no parent, step-parent, or guardian, then the god-parent or nearest adult relative of any youthful offender sent or about to be sent to a certified reformatory school which is not conducted in accordance with the religious persuasion to which the offender belongs, may apply to the Court by whom such offender was sentenced to be sent to a reformatory school, or to the visiting justices of the prison to which he was committed by that Court, or to the justices or magistrate by whom he was sentenced to be sent to a reformatory school (or justices or a magistrate having the like jurisdiction), to send or to remove such offender to a certified reformatory school conducted in accordance with the offender's religious persuasion, and the Court, visiting justices, justices, or magistrate (as the case may be) shall, upon proof of such offender's religious persuasion, comply with the request of the applicant, providedFirst, that the application be made before the offender has been sent to a certified reformatory school, or within thirty days after his arrival at such a school; Secondly, that the applicant show to the satisfaction of the Court, visiting justices, justices, or magistrate that the managers of the school named by him are willing to receive the offender. 17 The Secretary of State may at any time order any offender to be discharged from a certified reformatory school, or to be removed from one certified reformatory school to another, but so that the whole period of detention of the offender in a reformatory school shall not be increased by such removal. The Secretary of State may also at any time, after having given ten days' notice to the managers, order a youthful offender under sentence of detention in a reformatory or industrial school established under any other Act of Parliament, the general rules for the government whereof have been approved by the Secretary of State, to be discharged from such school, or to be removed therefrom to any certified reformatory school, and in case of removal the youthful offender shall after such removal be deemed to be subject in all respects to the provisions of this Act, but so that the whole period of detention of the offender under his sentence shall not be increased by such removal. |