c. 118. jurisdiction in the place or district where he is found, or in the 29 & 30 Vict. place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a justice or magistrate, to be, by and at the expense of the managers of the school, brought back to the same school, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his committing the offence. If the child charged with such an offence is apparently above ten years of age, then on his summary conviction of the offence before two such justices or such a magistrate, he shall be liable, at the discretion of the justices or magistrate, instead of being sent back to the same school, to be imprisoned with or without hard labour for any term not less than fourteen days and not exceeding three months, and the justices or magistrate before whom he is convicted may direct him to be sent at the expiration of the term of his imprisonment to a certified reformatory school, and to be there detained subject and according to the provisions of the Reformatory Schools Act, 1866.(p) 34 If any person does any of the following things (that is to Penalty on say)First, knowingly assists, directly or indirectly, a child liable to be detained in a certified industrial school to escape from the school; Second, directly or indirectly induces such a child so to escape; Third, knowingly harbours or conceals a child who has so escaped, or prevents him from returning to school, or knowingly assists in so doing, (2) Every such person shall be guilty of an offence against this Act, and shall, on summary conviction thereof before two justices or a magistrate, be liable to a penalty not exceeding twenty pounds, or, at the discretion of the justices, to be imprisoned for any term not exceeding two months, with or without hard labour. Expenses of Children in Schools. persons inducing offenders to escape from certified industrial school. Power to contribute custody, &c. 35 The Commissioners of Her Majesty's Treasury may from time to time contribute, out of money provided by Parliament for the purpose, such sums as the Secretary of State from time to time thinks fit to recommend towards the custody and maintenance of children detained in certified industrial schools; provided that such of children contributions shall not exceed two shillings per head per week for detained. children detained on the application of their parents, step-parents, or guardians. (p) 29 & 30 Vict. c. 117, ante, p. 132. (9) A fourth offence is added by C. sec. 2 of the Industrial Schools Acts L 29 & 30 Vict. c. 118. Power to guardians of poor, &c., to contribute. Recovery of cost of maintenance in schools in Scotland, when parishes, &c., are liable. Contribution by parent, &c. Order for enforcement of contribution 37 The guardians of the poor of a union or parish, or the board of management of a district pauper school, or the parochial board of a parish or combination, may from time to time, with the consent in England of the Poor Law Board and in Scotland of the Board of Supervision, contribute such sums as they think fit towards the maintenance of children detained in a certified industrial school on their application. 38 In Scotland where a child sent to a certified industrial school under this Act is at the time of his being so sent, or within three months then last past has been chargeable to any parish, the parochial board and inspector of the poor of the parish of the settlement of such child, if the settlement of the child is in any parish in Scotland, shall, as long as he continues so chargeable, be liable to repay to the Commissioners of Her Majesty's Treasury all expenses incurred in maintaining him at school under this Act to an amount not exceeding five shillings per week, and in default of payment these expenses may be recovered by the inspector of industrial schools, or any agent of the inspector, in a summary manner before a magistrate having jurisdiction in the place where the parish is situate. Provided always, that nothing in this Act shall prevent any parochial board on whose funds the cost of support of any such child has become a charge from adopting such steps for the recovery of any sums which may have been paid by such parochial board for any such child against the parish of his settlement, or for his removal, as may be competent to them under any Act for the time being in force relating to the relief of the poor in Scotland. 39 The parent, step-parent, (r) or other person for the time being legally liable to maintain a child detained in a certified industrial school shall, if of sufficient ability, contribute to his maintenance and training therein a sum not exceeding five shillings per week. 40 On the complaint of the inspector of industrial schools, or of any agent of the inspector, or of any constable under the by parent, &c. directions of the inspector (with which directions every constable is hereby required to comply), at any time during the detention of a child in a certified industrial school, two justices or a 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 (r) See sec. 57 of the Poor Law Amendment Act, 1834, 4 & 5 Will. 4, c. 76, post, p. 197. fit, make an order(s) or decree on him for the payment to the 29 & 30 Vict. inspector or his agent of such weekly sum, not exceeding five c. 118. shillings 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 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, or of the inspector of industrial schools, or his agent, on fourteen days' notice being first given of such application to the inspector, or agent, or to such person respectively. Discharge, &c., of Children from School. 41 A person who has attained the age of sixteen years shall not Detention to be detained in a certified industrial school, except with his own consent in writing. (t) (s) Such an order may now be made at the same time as the order by which the child is sent to the industrial school. See sec. 6 of the Youthful Offenders Act, 1901, 1 (1) See note (m), ante, p. 143. cease on child attaining sixteen. 29 & 30 Vict. c. 118. Transfer to another school by Secretary of State. Discharge by In Scotland power for industrial schools under local Acts, children. 42 The Secretary of State may at any time order a child to be transferred from one certified industrial school to another, but so that the whole period of his 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 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 order 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. Houses of Refuge, &c., in Scotland. 49 Where in any city, town, or place in Scotland there has been erected, under local Act of Parliament or otherwise, any house of refuge for destitute children or any industrial school, or other similar institution, the commissioners, directors, or managers thereof may &c., to receive 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 an industrial school under this Act, and the rules thereof and all alterations thereof from time to time are appproved by the Secretary of State. Acts regulating procedure. 51 The following Acts Miscellaneous. In England, the Act of the Session of the eleventh and twelfth years of Her Majesty's reign (chapter forty-three), "to facilitate the performance of the duties of justices of the peace out of sessions, within England and Wales, with respect to summary convictions and orders," and any Acts 29 & 30 Vict. amending the same; (u) In Scotland, the Summary Procedure Act, 1864, shall apply to all offences, payments, and orders in respect of which jurisdiction is given to justices or a magistrate by this Act, or which are by this Act directed to be prosecuted, enforced, or made in a summary manner or on summary conviction. c. 118. 52 No summons, notice, or order made for the purpose of Use of forms carrying into effect the provisions of the Act shall be invalidated in schedule. 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 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. Service of notices on managers. INDUSTRIAL SCHOOLS ACTS AMENDMENT ACT, 1880. 43 & 44 VICT. c. 15. 1 Section fourteen of the Industrial Schools Act, 1866, (x) and section eleven of the Industrial Schools Act (Ireland), 1868, shall be respectively read and construed as if, after the four several descriptions therein respectively contained, there were added the following descriptions, namely,— That is lodging, living, or residing with common or reputed prostitutes, or in a house resided in or frequented by prostitutes (y) for the purpose of prostitution. That frequents the company of prostitutes. Extension of 29 & 30 Vict. c. 118, s. 14, p. 139, and 31 & 32 Vict. c. 25, s. 11, to other descriptions of children. 2 This Act may be cited for all purposes as the Industrial Short title. Schools Acts Amendment Act, 1880. (u) The Summary Jurisdiction Act, 1848, post, p. 219. p. 139. (y) See Hiscocks v. Jermonson, 52 (x) 29 & 30 Vict. c. 118, ante, L. J. 42, ante, p. 15. |