Power to apprentice or dispose of child. REFORMATORY AND INDUSTRIAL SCHOOLS ACT, 1891. 54 & 55 VICT. C. 23. 1 If any youthful offender or child detained in or placed out on licence from a certified reformatory or industrial school conducts himself well, the managers of the school may, with his own consent, apprentice him to, or dispose of him in, any trade, calling, or service, or by emigration, notwithstanding that his period of detention has not expired, and such apprenticing or disposition shall be as valid as if the managers were his parents. Provided that where he is to be disposed of by emigration, and in any case unless he has been detained for twelve months, the consent of the Secretary of State shall also be required for the exercise of any power under this section.(z) Commitment of offenders between twelve and sixteen years of age to reformatory schools. REFORMATORY SCHOOLS ACT, 1893. 1 (a) Where a youthful offender, who in the opinion of the Court before whom he is charged is less than sixteen years of age, (b) is convicted, whether on indictment or by a Court of Summary Jurisdiction, of an offence punishable with penal servitude or imprisonment, and either (a) appears to the Court to be not less than twelve years of age; or (b) is proved to have been previously convicted of an offence punishable with penal servitude or imprisonment, the Court may, in addition to (c) or in lieu of sentencing him according to law to any punishment, order that he be sent to a certified reformatory school, and be there detained for a period of not less than three and not more than five years, so, however, that the period is such as will in the opinion of the Court expire at or before the time at which the offender will attain the age of nineteen years. Provided that where the offender is ordered to be sent to (*) Compare sec. 19 of the Reformatory Schools Act, 1866, ante, p. 135; and sec. 28 of the Industrial Schools Act, 1866, ante, p. 143. (a) This section is substituted for the first part of sec. 14 of the Reformatory Schools Act, 1866, 29 & 30 Vict. c. 117, ante, p. 133, which is repealed by sec. 4 of this Act. (b) Ante, p. 28. (c) "In addition to." These words are now in effect repealed by sec. 1 of the Reformatory Schools Act, 1899, 62 & 63 Vict. c. 12. See note (d) infra. a certified reformatory or industrial school, he shall not in addition be 56 & 57 Vict. sent to penal servitude or imprisonment.(d) c. 48. offender. 2 Without prejudice to any other powers of the Court, the Power to Court may direct that the offender be taken to a prison, or to any remand other place, not being a prison, which the Court thinks fit, and the youthful occupier of which is willing to receive him, and be detained therein for any time not exceeding seven days, or in case of necessity for a period not exceeding fourteen days, or until an order is sooner made for his discharge or for his being sent to a reformatory school, or otherwise dealt with under this or any other Act; and the person to whom the order is addressed is hereby empowered and required to detain him accordingly, and if the offender escapes he may be apprehended without warrant and brought back to the place of detention.(e) 3 In the application of this Act to Scotland the expression Application "Court of Summary Jurisdiction" shall mean the sheriff or any to Scotland. two justices of the peace, or any magistrate or magistrates who have jurisdiction under the Summary Jurisdiction (Scotland) Acts, sitting in open Court. 4 ) Section fourteen of the Reformatory Schools Act, 1866, Repeal and from the beginning of the section to the words "justiciary or construction. sheriff,"(g) and the whole of the Reformatory Schools (Scotland) Act, 1893, are hereby repealed, and the said section shall be construed and have effect as if section one of this Act were substituted for the provisions of the said section hereby repealed. INDUSTRIAL SCHOOLS ACTS AMENDMENT 57 & 58 VICT. c. 33. 1 (1) Every child sent to an industrial school after the passing Supervision of this Act shall, from the expiration of the period of his detention of children at such school, remain up to the age of eighteen under the supervision after discharge of the managers of the school. (2) The managers may grant to any child under their supervision a licence in the manner provided by section twenty-seven of the (d) These words in italics are added by the Act of 1899, which provides that they should form part of this section. It contains no other provision. (e) See sec. 4 (1) of the Youthful Offenders Act, 1901, 1 Edw. 7, c. 20, post, p. 245. (f) This section is, as regards its application to Ireland, repealed by 1 Edw. 7, c. 20, s. 15, sub.-s. 1, post, p. 249. (g) Ante, p. 133. from industrial schools. 57 & 58 Vict. c. 33. Penalty for inducing child placed on licence to escape, &c. Saving for children detained under attendance order. construction. Industrial Schools Act, 1866, (h) and may revoke any such licence, and recall the child to the school; and any child so recalled may be detained in the school for a period not exceeding three months, and may at any time be again placed out on licence: Provided that (a) a child shall not be so recalled unless the managers are of opinion that the recall is necessary for the protection of the child; and (b) the managers shall send to the Secretary of State an immediate notification of the recall of any child, and shall state the reasons for the recall; and (c) they shall again place the child out as soon as possible, and at latest within three months after the recall, and shall forthwith notify the Secretary of State that the child has been placed out. (3) A licence granted to a child within three months before attaining the age of sixteen shall continue in force after the child attains that age, and may be revoked or renewed in the manner provided by section twenty-seven of the Industrial Schools Act, 1866.() 2 Section thirty-four of the Industrial Schools Act, 1866,(1) shall be read and construed as if after the three offences therein severally specified there were added the following offence; namely— Fourth.-Knowingly assists or induces, directly or indirectly, a child placed on licence to escape from any person with whom the child is so placed on licence, or prevents the child from returning to any person aforesaid. 4 Nothing in this Act shall apply to any child committed to an industrial school under the Elementary Education Acts, 1870 to 1893. 5 This Act may be cited for all purposes as the Industrial Short title and Schools Acts Amendment Act, 1894, and shall be construed as one with the Industrial Schools Act, 1866, and that Act and this Act may be cited together as the Industrial Schools Acts, 1866 and 1894. (i) Ante, p. 145. (h) Ante, p. 143. VIII. CUSTODY AND GUARDIANSHIP. INFANT FELONS ACT, 1840.(a) 3 & 4 VICT. c. 90. Court of THAT in every case in which any person being under the age of twenty-one years shall hereafter be convicted of felony, it shall be lawful for Her Majesty's High Court of Chancery, (b) upon the application of any person or persons who may be willing to take charge of such infant, and to provide for his or her maintenance and education, if such Court shall find that the same will be for the benefit of such infant, due regard being had to the age of the infant and to the circumstances, habits, and character of the parents, testamentary or natural guardian, of such infant, to assign the care and custody of such infant, during his or her minority, or any part thereof, to such person or persons, upon such terms and conditions, and subject to such regulations respecting the maintenance, education, and care of such infant, as the said Court of Chancery shall think proper to prescribe and direct; and upon any order for that purpose being made, and so long as the same shall remain in force, the same shall be binding and obligatory upon the father, and upon every testamentary or natural guardian of such infant, and no person or persons shall be entitled to use or exercise any power or control over such infant which may be inconsistent with such order of the said Court of Chancery: Provided always, that the said Court may at any time rescind such assignment, or from time to time rescind, alter, or vary any such terms or conditions, or such regulations, as to the said Court may seem fit; and provided also, that the said High Court of Chancery shall and may award such and award costs as to it may seem fit, against any such person or persons who costs in certain shall make such application as aforesaid, if such application shall not appear to the said Court well founded; and such costs shall be payable to any parent or other natural or testamentary guardian of any such child who shall oppose such application. (a) See ante, p. 21. (6) Now for the Chancery Division of the High Court of Justice. See 36 & 37 Vict. c. 66, s. 34. Court may rescind or alter such assignment; cases. 3 & 4 Vict. c. 90. Infant not to be sent beyond the seas, &c. Power to Court to make orders as to custody of children. The Court may make orders as to custody of children after a final decree of separation. 2 That in every case it shall be a part of the terms and conditions upon which such care and custody shall be assigned, that the infant shall not, during the period of such care and custody, be sent beyond the seas or out of the jurisdiction of the said Court of Chancery. MATRIMONIAL CAUSES ACT, 1857. 20 & 21 VICT. c. 85. 35 In any suit or other proceeding for obtaining a judicial separation or a decree of nullity of marriage, (c) and on any petition for dissolving a marriage, the Court may from time to time, before making its final decree, (d) make such interim orders, and may make such provision in the final decree, as it may deem just and proper (e) with respect to the custody, maintenance and education of the children,(ƒ) the marriage of whose parents is the subject of such suit or other proceeding, and may, if it shall think fit, direct proper proceedings to be taken for placing such children under the protection of the Court of Chancery. MATRIMONIAL CAUSES ACT, 1859. 22 & 23 VICT. c. 61. 4 The Court, after a final decree of judicial separation, nullity of marriage, or dissolution of marriage, (c) may upon application (by petition) for this purpose make, from time to time, all such orders and provision with respect to the custody, maintenance, and education of the children (ƒ) the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the Court of Chancery, as might have been made by such final decree or by interim orders in case the proceedings for obtaining such decree were still pending; and all orders under this (c) Or on any application for restitution of conjugal rights. See sec. 6 of the Matrimonal Causes Act, 1884, 47 d 48 Vict. c. 68. (d) This may now be done after a final decree. See sec. 4 of the Matrimonial Causes Act, 1859, 22 & 23 Vict. c. 61. (e) Under this section the Court has a discretionary power exceeding that possessed by Courts of Common Law and Equity, and should in exercising it make such orders as are just and proper with reference to the circumstances affecting the suit, taking into consideration the interests of both the children and parents (Marsh v. Marsh, 28 L. J. P. & M. 13). (f) It was formerly held that the Court had no power to order that such provision should be made respecting children above the age of sixteen years, but it has now been decided that the Court has power to make such an order respecting the whole period of the children's infancy, i.e., until they attain the age of twenty-one years (Thomasset v. Thomasset [1894] P. D. 295C. A. |