(3.) Where a court of summary jurisdiction orders otherwise than by an attendance order under this Act a child to be sent to a certified day industrial school, the court shall also order the parent of such child, if liable to maintain him, to contribute to his industrial training, elementary education, and meals in the school, such sum not exceeding two shillings per week as is named in the order; it shall be the duty of the local authority to obtain and enforce the said order, and every sum paid under the order, shall be paid over to the local authority in aid of their expenses under this Act; if a parent resident in any parish is unable to pay the sum required by the said order to be paid, he shall apply to the guardians having jurisdiction in the parish, who, if satisfied of such inability, shall give the parent sufficient relief to pay the said sum, or so much thereof as they consider him unable to pay, and the money so given shall be charged to the parish as provided by this Act in the case of money given for the payment of school fees (5); and (4.) The managers of a certified day industrial school

may, upon the request of a local authority and of the parent of a child, and upon the undertaking of the parent to pay towards the industrial training, elementary education, and meals of such child, such sum, not less than one shilling a week, as a Secretary of State from time to time fixes, receive such child into the school under an attendance order or without an order of a court; and there may be contributed out of moneys provided by Parliament in respect of that child such sum, not exceeding sixpence a week and on such

conditions as a Secretary of State from time to time recommends (6).

It shall be lawful for Her Majesty from time to time, by Order in Council, to apply to a certified day industrial school the provisions of the Industrial Schools Act, 1866, and the Acts amending the same, with such modifications as appear to Her Majesty to be necessary or proper for adapting such provisions to a day industrial school, and bringing them into conformity with this Act; and such order may provide that a child may be punished for an offence by being sent to a certified industrial in lieu of a certified reformatory school, or may otherwise mitigate any punishment imposed by the said Act (7).

It shall be lawful for Her Majesty from time to time, by Order in Council, to revoke and vary any Order in Council made under this section.

Every such Order shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the beginning of the then next session of Parliament, and while in force shall have effect as if it were enacted in this Act.

A Secretary of State may from time to time make, and when made revoke and vary, the forms of orders for sending a child to a day industrial school, and the manner in which children are to be sent to such school.

If a Secretary of State is of opinion that, by reason of a change of circumstances or otherwise, a certified day industrial school ceases to be necessary or expedient for the proper training and control of the children of any class of population in the neighbourhood of that school, he may, after due notice, withdraw the certificate of the school, and thereupon such school shall cease to be a certified day industrial school (8).

Provided, that the reasons for withdrawing such certificate shall be laid before both Houses of Parliament within one month after notice of the withdrawal is given, if Parliament be then sitting, or if not, within one month after the then next meeting of Parliament.

(1.) The Order in Council of the 20th March, 1877 (see appendix, p. 218), defines "Day Industrial Schools" and "managers of such schools. It also provides as to the mode of certifying day industrial schools and as to their inspection. A certified industrial school under the Industrial Schools Act or any other Act, or a certified reformatory school, cannot at the same time be a certified day industrial school (arts. 2—7, 21, 22, 32—36).

(2.) The classes of children who may be sent to a certified day industrial school under an order of detention under this enactment are specified in art. 12 of the Order in Council above referred to. An "attendance order is defined by sec. 11 of this Act. The Order in Council (see art. 18) contains provisions as to the form and contents of an order of detention and the hours during which a child may be detained under such order. An order of detention is not in any case to authorise the detention of a child for more than three years, or beyond the time when the child will attain the age of fourteen years.

(3.) As to the powers of School Boards to contribute towards the alteration, enlargement, or re-building of a certified industrial school, or towards the support of the inmates of such a school, or towards the management of such a school, or towards the establishment or building of a school intended to be a certified industrial school, or towards the purchase of land required either for the use of an existing certified industrial school, or for the site of a school intended to be a certified industrial school, and "themselves to undertake anything towards which they are authorised to contribute" in connection with a certified industrial school, see the Elementary Education (Industrial Schools) Act, 1879, secs. 2 & 3, and notes p. 110, post.

(4.) This clause, it will be observed, refers to children sent to a certified day industrial school under an order of detention, and not to children sent under an "attendance order" under sec. 11. For recommendations of Secretary of State as to parliamentary grant, see p. 258.

(5.) As to the liability of parents, etc., to contribute for children in certified industrial schools, see note to sec. 12. The orders under this sub-section will be obtained by the "local authority," as defined by secs. 7 & 33. When a parent is unable to pay the sum required by the order, the relief necessary to enable him to make the payment is to be given by the guardians of the union comprising the parish in which he resides, and not by the "local authority." The section says that the parent shall apply to the guardians having jurisdiction in the parish;

but this is intended to refer to the Board of Guardians and not the individual guardians for the parish. There is no provision (as in sec. 10, with regard to the payment of school fees) that the parent shall not by reason of such payment be deprived of any franchise, or be subject to any disability or disqualification. The relief is to be charged to the parish in like manner as money given for the payment of school fees; i.e., is to be charged to the particular parish in which the parent resides, and not to the common fund of the union (see sec. 35). Any sums recovered by a School Attendance Committee appointed by guardians under the powers given by this sub-section must be paid to the treasurer of the union to the credit of the guardians in pursuance of art. 16 of the Order of the Local Government Board of the 14th April, 1877 (see appendix, p. 202).

(6.) With reference to this sub-section, see art. 20 of the Order in Council of the 20th March, 1877, and recommendations of Secretary of State as to parliamentary grant (appendix, pp. 236, 258).

(7.) For Order in Council which has been made under these powers, see appendix, pp. 218-253).

8. As to the provisions with regard to the withdrawal of the certificate of a certified day industrial school, see arts. 32, 34, & 35 of the Order in Council above referred to.

Conditions of contribution to day industrial
schools.

17. The conditions of a parliamentary contribution to a certified day industrial school, to be recommended by the Secretary of State, shall provide for the examination of the children according to the standards of proficiency for the time being in force for the purposes of a parliamentary grant to public elementary schools, but may vary the amounts of the contributions to be made in respect of such standards respectively.

Any conditions recommended by a Secretary of State for the purposes of contributions to a day industrial school shall be laid before Parliament in the same manner as minutes of the Education Department, relating to the annual parliamentary grant.

As to parliamentary contributions to a certified day industrial school, see sec. 16 (2) and (4).

For recommendations of Secretary of State as to parliamentary grant, see p. 258.

PARLIAMENTARY GRANT.

Contribution for fees of children who obtain
certificates.

18. Where, during the first five years after the commencement of this Act, or any further period which Her Majesty may from time to time fix by Order in Council, a child, before he has attained the age of eleven years, obtains such certificate of proficiency in reading, writing, and elementary arithmetic, and also such certificate of previous due attendance at a public elementary school, as are in this Act in that behalf mentioned, then, subject to the regulations and conditions contained in an order of the Education Department for the time being in force under the First Schedule to this Act, the school fee payable by such child at any public elementary school in the course of the three years next after he obtains the last of such certificates, not exceeding the ordinary fee charged at such school, may be paid by the Education Department out of moneys provided by Parliament, the school fees so paid to be reckoned as school pence to be met by the grant payable by the Department.

As to the date of the commencement of the Act, see sec. 3. The certificates of proficiency and due attendance at a public elementary school are provided for by sec. 24 and schedule 1, p. 100. The Regulations which have been issued by the Education Department with respect to the payment by that department of the school fees of children will be found in the appendix, p. 143.

As to definition of " public elementary school," see note to sec. 7. Not more than ten per cent. of the children presented for examination in a public elementary school can be allowed to obtain in the same year certificates entitling them to the payment of fees under this section. If the children qualified to obtain these certificates exceed this per centage, those children who have attended the greatest number of times will have the preference. The fees are not to be paid by the Education Department unless the school or department of a school which the child attends is one at which the ordinary payment in respect of the instruction of each scholar does not exceed sixpence a week (schedule 1, rules 8 & 10).