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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.

39. Where the offence of taking a child into employment in contravention Exemption of of this Act is in fact committed by an agent or workman of the employer, employer on proof of guilt such agent or workman shall be liable to a penalty as if he were the of some other 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 (m), inspector, or other person about to institute a prosecution, that he is exempt 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.

person.

47. A parent of a child who employs such child in any labour exercised Definition of by way of trade or for the purposes of gain shall be deemed for the purposes employment of this Act to take such child into his employment.

in case of parent.

Elementary Education Act, 1880.

43 & 44 VICT. c. 23.

4. Every person who takes into his employment a child of the age of Enforcing of twelve (n) and under the age of fourteen (o) years, resident in a school district, bye-laws. 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

(m) See Education Act, 1902, ss. 1 and 5.

(n) See note (g), supra.

(o) See note (f), supra.

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 of 1876, and shall be liable to a penalty accordingly.

Proceedings may, in the discretion of the local authority (p) 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 eleven of the Elementary Education Act, 1876 (g): 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, 1901.

The second paragraph of this section negatives the decision in Ex parte London School Board, Re Murphy (1877), 2 Q. B. D. 397, where it was held that in such a case proceedings must be taken under the statute and not under the bye-laws.

Age for ex

emption from

school attendance.

56 & 57 VICT. c. 51 (1893).

An Act to amend the Elementary Education Acts with respect to the Age for
Attendance at School.

1. The age at which a child may, in pursuance of any bye-law made under the Elementary Education Acts, 1870 to 1891, obtain total or partial exemption from the obligation to attend school, on obtaining a certificate as to the standard of examination which he has reached, shall be raised to eleven, and every such bye-law, so far as it provides for such exemption, shall be construed and have effect as if a reference to eleven years of age were substituted therein for a reference to a lower age, and in section seventy-four of 33 & 34 Vict. the Elementary Education Act, 1870 (r), eleven shall be substituted for ten. 2. If any person takes a child into his employment in such manner as to prevent the child from attending school in accordance with the bye-laws for the time being in force in the district in which the child resides, he shall be deemed to take the child into his employment in contravention of the Elementary Education Act, 1876 (s), and shall be liable to a penalty accordingly.

c. 75.

Penalty for employment of children

before exemption from school attendance.

39 & 40 Vict. c. 79.

Saving.

Commence

3. Nothing in this Act shall apply in the case of any child who, at the passing of this Act, is under the bye-laws then in force in the district in which he resides, exempt wholly or partially, as the case may be, from the obligation to attend school.

4. This Act shall come into operation on the first day of January one ment of Act. thousand eight hundred and ninety-four.

(p) See Education Act, 1902, ss. 1 and 5.

(g) That is, children

habitually

neglected by parents, habitually wandering, or consorting with criminals.

(r) Printed supra.

(s) See sect. 6, printed supra.

5. This Act may be cited as the Elementary Education (School Attend- Short title. ance) Act, 1893, and shall be read with the Elementary Education Acts, 1870 to 1891.

62 & 63 VICT. c. 13 (1899).

An Act to amend the Law respecting the Employment and Education of Young
Children.

1. On and after the first day of January one thousand nine hundred the Elementary Education (School Attendance) Act, 1893, shall have effect as if "twelve" were substituted therein for "eleven":

Provided that nothing in this Act shall apply in the case of any child who at the said date is, under the bye-laws then in force in the school district in which he resides, exempt wholly or partially, as the case may be, from the obligation to attend school:

Provided also that the local authority for any district may, by bye-law for any parish within their district, fix thirteen years as the minimum age for exemption from school attendance in the case of children to be employed in agriculture, and that in such parish such children over eleven and under thirteen years of age who have passed the standard fixed for partial exemption from school attendance by the bye-laws of the local authority shall not be required to attend school more than two hundred and fifty times in any

year.

Such bye-law shall have effect as a bye-law made under section seventyfour of the Elementary Education Act, 1870 (t), and all Acts amending the

same.

The local authority shall be the local authority fixed by section seven of the Elementary Education Act, 1876 (u).

Provided also that a child shall be entitled to obtain partial exemption from school attendance on attaining the age of twelve years if such child has made three hundred attendances in not more than two schools during each year for five preceding years whether consecutive or not.

See Stevenson v. Craig, [1906] 2 K. B. 298.

Amendment of 56 & 57

Vict. c. 51.

2. This Act may be cited as the Elementary Education (School Attend- Short title and

ance) Act (1893) Amendment Act, 1899, and shall be read with the Elementary construction.

Education Acts, 1870 to 1897.

The Elementary Education Act, 1893, is printed supra.

(t) Printed supra.

(u) See the note on that section at p. 454, supra.

Elementary Education Act, 1900.

63 & 64 VICT. c. 53 (1900).

6.--(1) In section seventy-four of the Elementary Education Act, 1870, and in section four of the Elementary Education Act, 1880 (which relate to bye-laws for the attendance of children at school), fourteen years shall be substituted for thirteen years.

(2) The maximum penalty for breach of a bye-law requiring the attendance of a child at an elementary school, or of an attendance order made under the Elementary Education Act, 1876, shall be twenty shillings, and accordingly twenty shillings shall be substituted for five shillings in section seventy-four of the Elementary Education Act, 1870, and in section twelve of the Elementary Education Act, 1876.

(3) The said section seventy-four shall have effect as if the sanction therein referred to were the sanction of the Board of Education instead of the sanction of Her Majesty in Council.

See sect. 74 of the Elementary Education Act, 1870, printed at p. 450, supra.

CHAPTER X.

CONCILIATION ACT, 1896.

THIS Act, having for its object the settlement of trade disputes, has repealed all former Arbitration Acts (sect. 7). It confers (sect. 2) powers of arbitration and mediation in such disputes. upon the Board of Trade. It also provides (sect. 1) for the registration and supervision of already existing boards of conciliation.

59 & 60 VICT. c. 30.

An Act to make better Provision for the Prevention and Settlement of Trade

Disputes.

of Conciliation Boards.

1.-(1) Any board established either before or after the passing of this Registration Act, which is constituted for the purpose of settling disputes between and powers employers and workmen by conciliation or arbitration, or any association or body authorised by an agreement in writing made between employers and workmen to deal with such disputes (in this Act referred to as a conciliation board) may apply to the Board of Trade for registration under this Act.

(2) The application must be accompanied by copies of the constitution, bye-laws, and regulations of the conciliation board, with such other information as the Board of Trade may reasonably require.

(3) The Board of Trade shall keep a register of conciliation boards, and enter therein with respect to each registered board its name and principal office, and such other particulars as the Board of Trade may think expedient, and any registered conciliation board shall be entitled to have its name removed from the register on sending to the Board of Trade a written application to that effect.

(4) Every registered conciliation board shall furnish such returns, reports of its proceedings, and other documents as the Board of Trade may reasonably require.

(5) The Board of Trade may, on being satisfied that a registered conciliation board has ceased to exist or to act, remove its name from the register.

(6) Subject to any agreement to the contrary, proceedings for conciliation before a registered conciliation board shall be conducted in accordance with the regulations of the board in that behalf.

2.—(1) Where a difference exists or is apprehended between an employer, Powers of or any class of employers, and workmen, or between different classes of Board of

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