resident in a school district, before that child has obtained a certificate of having reached the standard of education fixed by a bye-law in force in the district for the total or partial exemption of children of the like age from the obligation to attend school, shall be deemed to take such child into his employment in contravention of the Elementary Education Act, 1876, and shall be liable to a penalty accordingly. Proceedings may, in the discretion of the local authority, or person instituting the same, be taken for punishing the contravention of a bye-law, notwithstanding that the act or neglect or default alleged as such contravention constitutes habitual neglect to provide efficient elementary education for a child within the meaning of section II of the Elementary Education Act, 1876: Provided that nothing in this section shall prevent an employer from employing any child who is employed by him or by any other person at the time of the passing of this Act, and who attends school in accordance with the provisions of the Factory and Workshop Act, 1878. The employment of children under the age of ten years is prohibited by the Elementary Education Act, 1876 (39 & 40 Vict., c. 79, s. 5), and this prohibition continues in force. This section refers only to the employment of children between the ages of 10 and 13 years the maximum age to which bye-laws under sec. 74 of the Elementary Education Act, 1870 (33 & 34 Vict. c. 75), applies. As regards children between the ages of 13 and 14 years the provisions of the Elementary Education Act, 1876 (39 & 40 Vict., c. 79), are still operative, and the employment of a child of the age referred to, except as provided by that Act, will be illegal. As to the penalty for employing a child in contravention of the Elementary Education Act, 1876, see sec. 6 of that Act, ante. The conflicting decisions in the cases of Bury v. Cherryholme, and Mellor v. Denham, which are referred to in the notes to sec. 74 of the 33 & 34 Vict., c. 75, ante, left in considerable doubt the question whether, when a child, who under the bye-laws was required to attend school full time, was employed under the Factory and Workshop Act, and attended school as a half-timer under that Act, the parent was liable to conviction for a breach of the bye-laws. This section goes far to remove the difficulty occasioned by the inconsistent decisions referred to. Now a child between the ages of 10 and 13 years, who under the bye-laws is required to attend school full time, cannot be employed under the Factory and Workshop Act, or otherwise, although he may be attending school as a half-timer, without rendering the employer liable to a penalty. The provision that proceedings may be taken for punishing the contravention of a bye-law, notwithstanding that the act, or neglect, or default alleged as such contravention constitutes habitual neglect to provide efficient elementary education for a child, is introduced to meet the inconvenience and difficulty which were caused by the decision in the case of the London School Board v. Bridge, which is referred to in the notes to sec. 11 of the 39 & 40 Vict., c. 79, ante. Amendment of 39 & 40 Vict., c. 79, s. 40, as to Education being Condition of Relief to Parents of Children. 5. Notwithstanding anything contained in section 40 of the Elementary Education Act, 1876, a child shall not, as a condition of the continuance of relief out of the workhouse being continued to him or his parent, be required to attend school further or otherwise than he is required to attend by a bye-law in force under section 74 of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1876, and this Act, in the school district in which he is resident: Provided that this section shall not apply where there is no such bye-law in force in the school district. The effect of sec. 40 of the Elementary Education Act, 1876 (39 & 40 Vict., c. 79), was that in order to justify the guardians in giving out-door relief by way of weekly or other continuing allowance to the parent of any child over 5 and under 14 years of age, or to any such child for whom elementary education in reading, writing and arithmetic was not provided, it was necessary that such child should have reached the third standard of the Code of 1876, that there should be no prohibition under the Elementary Education Act of 1876 against his being taken into fulltime employment, and that he should not be required by any bye-law under the Education Act, 1870, to attend school. By this section, in any district in which bye-laws are in force, sec. 40 of the Act of 1876 will be inoperative in any case where the child is not required by the bye-laws to attend school. In other cases where there are bye-laws, the granting of the out relief will not be conditional on the child attending school otherwise than he is required to attend by the byelaws. If for instance a child is under the bye-laws partially exempt from school attendance, the relief will not be conditional on his attending school full time. The bye-laws provide for certain "reasonable excuses" for non-attendance at school, and the fact that these reasonable excuses can now be recognised by the guardians will render the operation of sec. 40 less stringent than has hitherto been the case. As bye-laws cannot be made with regard to children above the age of 13, children between the ages of 13 and 14 will be exempt from the operation of sec. 40 in districts where there are bye-laws in force. There is now no district in which there are not bye-laws in force. See also notes on sec. 40 of the Elementary Education Act, 1876, ante. Repeal. 39 & 40 Vict., c. 79. 6. The Elementary Education Act, 1876, shall be repealed to the extent and from the times in the third column of the schedule to this Act mentioned, without prejudice to anything previously done or suffered, or any order previously made, or any right or title or liability acquired, accrued, or incurred in pursuance of any enactment hereby repealed; and any such thing, order, right, and title and liability may be enforced, and any proceeding then pending for such enforcement may be carried on, as if such enactment had not been repealed. The parts of the Elementary Education Act, 1876, which are now repealed are in that Act printed in italics. SCHEDULE. Enactments repealed. Short Title. Extent of Repeal. Session and Chapter. In section twenty-one, the words "may if they think fit" and the words "on the requisition of the parish, but not otherwise," as from the passing of this Act. Section twenty-two, as from the passing of this Act. Sections fifty-one and fiftytwo, as from the passing of this Act. First Schedule, as from the first of January one thousand eight hundred and eighty-one, from "During the four years next after down to "higher standard is required for that year," both inclusive (being paragraph (3)), and from "Provided that in each of the four years next after" down to the end of the table, both inclusive (being paragraph (6).) THE SCHOOL BOARDS ACT, 1885. (48 & 49 VICT., C. 38.) AN ACT TO AMEND THE LAW RELATING TO SCHOOL BOARDS SO FAR AS AFFECTED BY THE INCORPORATION OF A MUNICIPAL BOROUGH AND AS RESPECTS THE DIVISIONS OF THE METROPOLIS. [31st July, 1885.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Provision as to School Boards affected by Incorporation of Municipal Borough. I. Whereas by sub-section one of section two hundred and thirteen of the Municipal Corporations Act, 1882, it is enacted as follows: "Where a petition for a charter is referred to the Committee of Council, and it is proposed by the charter to extend the Municipal Corporation Acts to the municipal borough to be created by the charter, the Committee of Council may settle a scheme for the adjustment of the powers, rights, privileges, franchises, duties, property, and liabilities of any then existing local authority whose district comprises the whole or part of the area of that borough, either with or without any adjoining or other place, and also of any officer of that authority;' And whereas sub-section six of the same section two hundred and thirteen provides that a local authority for the purposes of the above enactment shall mean the authorities therein mentioned, "and any other authority not in this section excepted and not being a school board, and having powers of local government and of rating for public purposes: And whereas difficulties have arisen respecting the effect of the creation by a charter of a municipal borough, where the whole or part of the area of such borough is comprised in the district of a school board, and it is expedient to authorize the removal of such difficulties by a scheme under the said Act: Be it therefore enacted as follows: (1.) The words "and not being a school board" in subsection six of section two hundred and thirteen of the Municipal Corporations Act are hereby repealed; A scheme under that section if affecting a school board— (a) shall before being settled by the Committee of Council be referred to the consideration of the Education Department; and (b) shall not place the new borough under more than one school board; and (c) may provide for the continuance of any bye-laws in force at the date of the scheme. (1) (2.) Where within seven years before the passing of this Act a charter has extended the Municipal Corporations Act, 1882, or the Acts thereby consolidated to the municipal borough created by the charter, any scheme relating to a school board which might have been made under the said Acts if this Act had passed at the date of the said charter may be made after the passing of this Act, and part eleven of the Municipal Corporations Act, 1882, shall apply accordingly (2) Provided that (a) such scheme may be made on the petition either (b) the council of the borough may petition against (3.) This section shall be in addition to and not in derogation of any powers in relation to school boards for the time being vested in the Committee of the Lords of the Privy Council on Education (who are in this section referred to as the Education Department). (1) Sec. 213 of the Municipal Corporations Act, 1882, empowers the Committee of the Lords of Her Majesty's Privy Council, where it is proposed to |