c. 87; 30 & 31 Vict. c. 117; 34 & 35 Vict. c. 80. described, having a perpetual succession and a common seal with 25 & 26 Vict. power to purchase, erect and sell and convey, or to hold lands and buildings, with limited liability (30 & 31 Vict. c. 117, s. 4, and see ss. 7, 8, and 34 & 35 Vict. c. 80, ss. 1, 2). The certificate of registration vests all property in the society which is now held in trust for the society (25 & 26 Vict. c. 87, s. 6). A copy of the rules is to be delivered to any person on payment of not exceeding one shilling (Id. s. 7). No society is to be registered by the same name as that of an existing society, and it shall have the word "limited" as the last word (Id. s. 8). By 25 & 26 Vict. c. 87, s. 14, the rules bind the society and the members thereof, as if each had signed his name and affixed his seal thereto, and there were in them a covenant to conform to them. A society may be constituted under the Companies Act (s. 21). Annual returns are to be sent to registrar (s. 24). By 30 & 31 Vict. c. 117, s. 11, societies established previous to 25 & 26 Vict. c. 87, to be deemed to be established from registration under either act; and see sect. 14. Name of Society.] By 25 & 26 Vict. c. 87, ss. 10, 11, the name of the society is to be published on documents issued, under penalties. See this tit. in Vol. I., Offences 1, 2, pp. 512, 513. Office of Societies.] Every society under the act is to have a registered office to which all communications and notices may be addressed (25 & 26 Vict. c. 87, s. 12). Notice of the situation, or change of situation, of office is to be given to the registrar (8. 13). Interest, Privilege, and Liabilities of Members.] See 30 & 31 Vict. c. 117, s. 2. By sect. 5, a member has power to nominate persons into whose name his interest may be transferred at his death. Members may inspect the books (25 & 26 Vict. c. 87, s. 22). As to their liabilities, see sect. 20. What Provisions of Friendly Societies Acts apply to these Societies.] By 30 & 31 Vict. c. 117, s. 3, the following provisions of the Friendly Societies Acts shall apply to societies registered under this act: So much of The Friendly Societies Acts, 1855 and 1858, as The punishment of fraud in withholding any money or The reception of rules and other instruments in evidence 25 & 26 Vict. c. 87; 30 & 31 Vict. c. 117; 34 & 35 Vict. c. 80. 29 & 30 Vict. o. 118. The exemption of rules and other instruments from stamp duty [18 & 19 Vict. c. 63, s. 37]: The power to any society to change its name [21 & 22 Vict. c. 101, s. 4]. Winding up and Dissolution of Societies.] Societies may be wound up in the same manner as companies under the Companies Acts by the county court of the district in which the office of the society is situated (25 & 26 Vict. c. 87, s. 17);-but the dissolution of the society is not to prevent the winding up of its affairs (s. 18). II. Jurisdiction of Justices. Since the 30 & 31 Vict. c. 117, justices have no jurisdiction in determining disputes in relation to these societies, as it does not apply sect. 40 of 18 & 19 Vict. c. 63, to these societies, but gives the jurisdiction in England to the county courts. INDUSTRIAL SCHOOLS. "The Industrial Schools Act, 1866," 29 & 30 Vict. c. 118 (passed 10th August, 1866) repealed the previous acts of 24 & 25 Vict. c. 113, and 25 & 26 Vict. c. 10 (s. 3), and contains, with the exception of some few provisions in "The Elementary Education Act, 1870," and "The Prevention of Crimes Act, 1871," the whole law upon the subject, which by sect. 54 applies to all existing certified industrial schools. The following are the provisions of the act arranged under convenient heads : - I. Certifying of Schools, and Expenses. II. Classes of Children to be detained in Certified Industrial Schools. III. Powers of Managers of Schools. IV. Recovery of Contribution from Parent of Child. I. Certifying of Schools, and Expenses. Description of Industrial Schools and Managers.] Sect. 5. “A school in which industrial training is provided, and in which children are lodged, clothed and fed, as well as taught, shall exclusively be deemed an industrial school within the meaning of this act. The persons for the time being having the management or control of such a school shall be deemed the managers thereof for the purposes of this act." Inspector of Industrial Schools and Assistant.] Sect. 6. "Such one of her Majesty's inspectors of prisons as one of her Majesty's principal secretaries of state (in this act referred to as the secretary of state) from time to time thinks fit to appoint to be the inspector of reformatory schools shall also be the inspector of industrial schools. The secretary of state may from time to time appoint a 29 & 30 Vict. fit person to assist the inspector;-and every person so appointed c. 118. shall have such of the powers and duties of the inspector of industrial schools as the secretary of state from time to time prescribes, but shall act under the direction of the inspector." Mode of Certifying Industrial School.] Sect. 7. "The secretary of state may, on the application of the managers of an industrial school, direct the inspector of industrial schools to examine into the condition of the school, and its fitness for the reception of children to be sent there under this act, and to report to him thereon, and the inspector shall examine and report accordingly. If satisfied with the report of the inspector the secretary of state may, by writing under his hand, certify that the school is fit for the reception of children to be sent there under this act, and thereupon the school shall be deemed a certified industrial school." School not to be Certified as Industrial and Reformatory.] Sect. 8. "A school shall not be at the same time a certified industrial school under this act and a certified reformatory school under any other act." Notices of Certificate to be gazetted—Copy of Gazette to be Evidence.] Sect. 9. "A notice of the grant of each certificate shall within one month be inserted by order of the secretary of state in the London .... Gazette. A copy of the Gazette containing the notice shall be conclusive evidence of the grant, which may also be proved by the certificate itself, or by an instrument purporting to be a copy of the certificate, and to be attested as such by the inspector of industrial schools." Inspection of School.] Sect. 10. "Every certified industrial school shall from time to time, and at least once in each year, be inspected by the inspector of industrial schools or by a person appointed to assist him as aforesaid.” Alterations, &c. of Buildings to be approved.] Sect. 11. "No substantial addition or alteration shall be made to or in the buildings of any certified industrial school without the approval in writing of the secretary of state." Contribution towards Establishment and Enlargement of Schools.] Sect. 12. "In England a prison authority 50 may from time to time contribute such sums of money, and on such conditions as they think fit, towards the alteration, enlargement or rebuilding of 50 The term "prison authority" has by sect. 4 the same meaning as in "The Prisons Act, 1865," 28 & 29 Vict. c. 126. Sect. 5 of that act provides in counties, it shall be the justices in quarter sessions; in riding prisons, the justices assembled in gaol sessions under 5 Geo. 4, c. 12; in the city of London, the court of lord mayor and aldermen; borough prisons, the council of the borough; and prisons in liberties, the justices, council or persons empowered to build prisons assembled at gaol sessions, &c. 0.8. VOL. II. 4 Z c. 118. 29 & 30 Vict. 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; 51 provided,-- "First, that no less than two months' previous notice of the intention of the prison authority to take into consideration the making of such contribution, at a time and place to be mentioned in such notice, be given by advertisement in some one or more public newspaper or newspapers circulated within the district of the county or borough, and also in the manner in which notices relating to business to be transacted by the prison authority are usually given: "Secondly, that where the prison authority is the council of a borough, the order for the contribution be made at a special meeting of the council: "Thirdly, that where the contribution is for alteration, enlarge ment, rebuilding, establishment or building of a school or intended school, or for purchase of land, the approval of the secretary of state be previously given for that alteration, enlargement, rebuilding, establishment, building or purchase." Mode of obtaining Approval of Secretary of State.] Sect. 13. "In order to obtain the approval of the secretary of state as aforesaid where required, the managers of the school or promoters of the intended school, shall forward to the secretary of state particulars of the proposed establishment or purchase, and a plan of the proposed alteration, enlargement, rebuilding or building, drawn on such scale and accompanied by such particulars and estimate of cost, as the secretary of state thinks fit to require;—and the secretary of state may approve of the particulars and plans sub 51 Contribution by School Board.] By "The Elementary Education Act, 1870, 33 & 34 Vict. c. 75, s. 27, "a school board shall have the same powers of contributing money in the case of an industrial school as is given to a prison authority by sect. 12 of The Industrial Schools Act, 1866;'and upon the election of a school board in a borough the council of that borough shall cease to have power to contribute under that section." By sect. 28, "a school board may, with the consent of the education depart ment, establish, build, and maintain a certified industrial school within the meaning of 'The Industrial Schools Act, 1866,' and shall for that purpose have the same powers as they have for the purpose of providing sufficient school accommodation for their district:-provided that the school board, so far as regards any such industrial school, shall be subject to the jurisdiction of one of her Majesty's principal secretaries of state in the same manner as the managers of any other industrial school are subject, and such school shall be subject to the provisions of the said act, and not of this act." mitted to him, with or without modification, or may disapprove of 29 & 30 Vict. the same, and his approval or disapproval shall be certified by writing under his hand." Power of Secretary of State to withdraw Certificate.] Sect. 44. "The secretary of state, if dissatisfied with the condition of a certified industrial school, may at any time, by notice 52 under his hand addressed to and served on the managers thereof, declare that the certificate of the school is withdrawn as from a time specified in the notice, not being less than six months after the date thereof:and at that time the certificate shall be deemed to be withdrawn accordingly, and the school shall thereupon cease to be a certified industrial school." Resignation of Certificate by Managers.] Sect. 45. “The managers or the executors or administrators of a deceased manager (if only one) of a certified industrial school may give notice in writing to the secretary of state of their intention to resign the certificate of that school,—and at the expiration in the case of managers of six months, and in the case of executors or administrators of one month, from the receipt of that notice by the secretary of state (unless before that time the notice is withdrawn) the certificate shall be deemed to be resigned accordingly, and the school shall thereupon cease to be a certified industrial school." Gazetting and Evidence of Withdrawal, &c.] Sect. 46. "A notice of the withdrawal or resignation of the certificate of a certified industrial school shall within one month be inserted by order of the secretary of state in the London Gazette... A copy of the Gazette containing such notice shall be conclusive evidence of such withdrawal or resignation. A certificate shall be presumed to be in force until the withdrawal or resignation thereof is proved." Cesser of Reception of Children on Notice, &c.] Sect. 47. "Where notice is given of the withdrawal or resignation of the certificate of a certified industrial school, no child shall be received into the school for detention under this act after the receipt by the managers of the school of the notice of withdrawal, or after the date of the notice of resignation, as the case may be ;--but the obligation of the managers to teach, train, clothe, lodge and feed any children detained in the school at the time of such receipt or at the date of such notice shall, except so far as the secretary of state otherwise directs, be deemed to continue until the withdrawal or resignation of the certificate takes effect, or until the contribution out of money provided by c. 118. 52 By sect. 53, "any notice may be served on the managers of a certified industrial school by being delivered to any one of them personally, or by 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." |
