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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 c. 118.

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notice 52 under his hand addressed to and served on the managers thereof, declare that the certificate of the school is withdrawn as from a time specified in the notice, not being less than six months after the date thereof:and at that time the certificate shall be deemed to be withdrawn accordingly, and the school shall thereupon cease to be a certified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of one month, from the receipt of that notice by the secretary of state (unless before that time the notice is withdrawn) the certificate shall be deemed to be resigned accordingly, and the school shall thereupon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 or until the contribution out of money provided by

takes effect,

62 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."

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29 & 30 Vict. parliament towards the custody and maintenance of the children detained in the school is discontinued, whichever shall first happen." Discharge of Children detained, &c.] Sect. 48. "Where a school ceases to be a certified industrial school, the children detained therein shall be either discharged or transferred to some other certified industrial school by order of the secretary of state."

Power to Treasury to contribute towards Custody, &c. of Children detained.] Sect. 35. "The commissioners of her majesty's treasury may from time to time contribute, out of money provided by parliament for the purpose, such sums as the secretary of state from time to time thinks fit to recommend towards the custody and maintenance of children detained in certified industrial schools;-provided that such contributions shall not exceed two shillings per head per week for children detained on the application of their parents, stepparents or guardians."

Power to Prison Authority to contract for Reception of Children in Schools.] Sect. 36. "In England a prison authority may contract with the managers of a certified industrial school for the reception and maintenance therein of such children as are from time to time ordered by justices to be sent there from the district of the prison authority."

Power to Guardians of Poor, &c. to contribute.] Sect. 37. "The guardians of the poor of a union or parish, 53 or the board of management of a district pauper school . . . may from time to time, with the consent in England of the poor law board contribute such sums as they think fit towards the maintenance of children detained in a certified industrial school on their application." Expenses of Prison Authorities, how defrayed.] Sect. 50. "Expenses incurred by a prison authority in England in carrying into effect the provisions of this act shall be deemed expenses incurred by that authority in carrying into effect the provisions of The Prison Act, 1865,' and shall be defrayed accordingly."

II. Classes of Children to be detained in Certified Industrial
Schools. 54

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As to Children under Fourteen Years of Age found begging, &c.] Sect. 4. "Any person may bring before two justices 55

53 The term "parish" includes a place separately maintaining its own poor (s. 4).

54 Officer of School Board to bring Children before Justices.] By "The Elementary Education Act, 1870," 33 & 34 Vict. c. 75, s. 36, "every school board may, if they think fit, appoint an officer or officers to bring children who are liable under The Industrial Schools Act, 1866,' to be sent to a certified industrial school before two justices in order to their being so sent, and any expenses incurred under this section may be paid out of the school fund."

55 Definition of "Justices."] By 29 & 30 Vict. c. 118, s. 4, the term

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any child apparently under the age of fourteen years that comes 29 & 30 Vict. within any of the following descriptions, namely,

'That is found begging or receiving alms (whether actually or under the pretext of selling or offering for sale any thing) or being in any street or public place for the purpose of so begging or receiving alms;

'That is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence;

'That is found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment;

'That frequents the company of reputed thieves.'

The justices. . . before whom a child is brought as coming within one of those descriptions, if satisfied on inquiry of that fact, and that it is expedient to deal with him under this act, may order him to be sent to a certified industrial school." By sect. 1 of "The Industrial Schools Acts Amendment Act, 1880," 43 & 44 Vict. c. 15, it is enacted that sect. 14 of the Industrial Schools Act, 1866, shall be read and construed as if after the four several descriptions therein contained, there are added the following descriptions, namely,

That is, lodging, living, or residing with common or reputed prostitutes, or in a house resided in or frequented by prostitutes for the purpose of prostitution;

That frequents the company of prostitutes.

[See sect. 19, infra, as to remand to workhouse.] 56

As to Children under Twelve Years of Age charged with Offences.] Sect. 15. "Where a child apparently under the age of twelve

"justice" applies to England only, and means a justice of the peace having jurisdiction in the place where the matter requiring the cognizance of a justice arises. The term "two justices" applies to England only, and means two or more justices in petty sessions, or the lord mayor or an alderman of the city of London, or a police or stipendiary magistrate, or other justice having by law authority to act alone for any purpose with the powers of two justices.

56 Care of Children of Women convicted of Crimes.] By "The Prevention of Crimes Act, 1871," 34 & 35 Vict. c. 112, s. 14," where any woman is convicted of a crime [see definition of "crime," ante, p. 951, note*], and a previous conviction of a crime is proved against her, any children of such woman under the age of fourteen years who may be under her care and control at the time of her conviction for the last of such crimes, and who have no visible means of subsistence, or without proper guardianship, shall be deemed to be children to whom in great Britain the provisions of The Industrial Schools Act, 1866,' apply-and the court by whom such woman is convicted, or two justices or a magistrate, shall have the same power of ordering such children to be sent to a certified industrial school as is vested in two justices or a magistrate by the fourteenth section of The Industrial Schools Act, 1866,' in respect of the children in the said section described."

c. 118.

29 & 30 Vict. years is charged before two justices

c. 118.

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with an offence

punishable by imprisonment or a less punishment, but has not
been. . convicted of felony .. and the child ought,
in the opinion of the justices
(regard being had to his
age and to the circumstances of the case), to be dealt with under
this act, the justices . . may order him to be sent to a certi-
fied industrial school."

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As to refractory Children under Fourteen Years of Age in Charge of Parent, &c.] Sect. 16. "Where the parent or step-parent or guardian of a child apparently under the age of fourteen years represents to two justices that he is unable to control the child, and that he desires that the child be sent to an industrial school under this act, the justices, if satisfied on inquiry that it is expedient to deal with the child under this act, may order him to be sent to a certified industrial school."

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As to refractory Children under Fourteen Years of Age in Workhouses, Pauper Schools, &c.] Scct. 17. "Where the guardians of the poor of a union or of a parish wherein relief is administered by a board of guardians, or the board of management of a district pauper school, represent to two justices . . . that any child apparently under the age of fourteen years maintained in a workhouse or pauper school of a union or parish, or in a district pauper school, . . is refractory, or is the child of parents either of whom has been convicted of a crime or offence punishable with penal servitude or imprisonment, and that it is desirable that he be sent to an industrial school under this act, the justices may, if satisfied that it is expedient to deal with the child under this act, order him to be sent to a certified industrial school."

Form and Contents of Order sending Child to School.] Sect. 18. "The order of justices. sending a child to a school (in this act referred to as the order of detention in a school) shall be in writing signed by the justices, and shall specify the

name of the school." 57

"The school shall be some certified industrial school (whether situate within the jurisdiction of the justices ... making the order or not) the managers of which are willing to receive the child;-58 and the reception of the child by the managers of the

57 The Form is A, in the schedule to the act. See Oke's "Formulist," 6th ed., p. 794, No. 3. By sect. 31, the time during which a child is detained in a school under this act shall for all purposes be excluded in the computation of time mentioned in sect. 1 of the 9 & 10 Vict. c. 66, as amended by any other act as to the poor laws.

58 The assent of the managers of the school is previously obtained by writing to them with the particulars of the case. It is now more conve nient for this assent to be obtained by the officer of the school board, mentioned in Note 54 supra, who inquires into the case, the position of the

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