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sentence of detention in an industrial school established under any 29 & 30 Vict. other act of parliament, the general rules for the government c. 118. whereof have been approved by the secretary of state, to be transferred to a certified industrial school under this act; and in that case the child shall after the transfer be deemed to be subject in all respects to the provisions of this act, but so that the whole period of his detention be not by such transfer increased. The commissioners of her Majesty's treasury may pay, out of money provided by parliament for the purpose, such sum as the secretary of state thinks fit to recommend, in discharge of the expenses of the removal of


child transferred under the provisions of this act." Discharge by Secretary of State.] Sect. 43. “ The secretary of state may at any time order any child to be discharged from a certified industrial school or from any industrial school established under any other act of parliament, the general rules for the government whereof have been approved by the secretary of state, either absolutely or on such condition as the secretary of state approves, -and the child shall be discharged accordingly."

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III. Powers of Managers of Schools. Pieligious Instruction in School.] Sect. 25. “A minister of the religious persuasion specified in the order of detention as that to which the child appears to the justices ... to belong may visit the child at the school on such days and at such times as are from time to time fixed by regulations made by the secretary of state, for the purpose of instructing him in religion.” Lodging Child out of School.] Sect. 26.

The managers school may permit a child sent there under this act to lodge at the dwelling of his parent or any trustworthy and respectable person, so that the managers teach, train, clothe, and feed the child in the school as if he were lodging in the school itself, and so that they report to the secretary of state, in such manner as he thinks fit to require, every instance in which they exercise a discretion under this section.”

Licence for living out of School.] Sect. 27. “ The managers of a school may, at any time after the expiration of eighteen months of the period of detention allotted to a child, by licence under their hands, permit him to live with any trustworthy and respectable person named in the licence, and willing to receive and take charge of him. Any licence so granted shall not be in force for more than thiree months, but may at any time before the expiration of those three months be renewed for a further period not exceeding three months, to commence from the expiration of the previous period of three months, and so from time to time until the period of the child's detention is expired. Any such licence may also be revoked at any time by the managers of the school by writing under their


29 & 30 Vict. hands, and thereupon the child to whom the licence related may be c. 118.

required by them, by writing under their hands, to return to the school.62 The time during which a child is absent from a school in pursuance of a licence shall, except where such licence has been forfeited by his misconduct, be deemed to be part of the time of his detention in the school, and at the expiration of the time allowed by the licence he shall be taken back to the school.”

Power to apprentice Child.] Sect. 28. “The managers of a school may at any time after a child has been placed out on licence as aforesaid, if he conducted himself well during his absence from the school, bind him, with his own consent, apprentice to any trade, calling or service notwithstanding that his period of detention has not expired, -and every such binding shall be valid and effectual to all intents."

Rules of School to be approved by Secretary of State.] Sect. 29. “The managers of a certified industrial school may from time to time make rules for the management and discipline of the school, not being inconsistent with the provisions of this act;-but those rules shall not be enforced until they have been approved in writing by the secretary of state ;—and rules so approved shall not be altered without the like approval. A printed copy of rules purporting to be the rules of a school so approved and to be signed by the inspector of industrial schools shall be evidence of the rules of the school.”63

Evidence as to Reception in School, &c.] Sect. 30. “A certificate purporting to be signed by one of the managers of a certified industrial school or their secretary, or by the superintendent or other person in charge of the school, to the effect that the child therein named was duly received into and is at the signing thereof detained in the school, or has been duly discharged or removed therefrom or otherwise disposed of according to law, shall be evidence of the matters therein stated."

[See further sect. 9, ante, p. 1433, as to evidence of school, and sect. 24, ante, p. 1442, as to other evidence of order.]

IV. Recovery of Contribution from Parent of Child. Contribution of Parent, &c.] Sect. 39. “ The parent, step-parent or other person for the time being legally liable to maintain a child detained in a certified industrial school shall, if of sufficient ability, contribute to his maintenance and training therein a sum not exceeding five shillings per week."

62 The child refusing to return to the school when required by this section, or on the expiration of the licence, is deemed to have escaped from the school and punishable accordingly. See Offence 4, Vol. I. p. 512, tit. “ Industrial Schools."

63 A child not conforming to the rules is liable to be imprisoned. See Offence 1, tit. “Industrial Schools," Vol. I. p. 512.



Order for Enforcement of Contribution by Parent, &c.] Sect. 40. 29 & 30 Vict. " On the complaint of the inspector of industrial schools or of any

c. 118.
agent of the inspector, or of any constable under the directions of the
inspector (with which directions every constable is hereby required
to comply), at any time during the detention of a child in a certified
industrial school, 64 two justices 65 ... having jurisdiction
at the place where the parent, step-parent or other person liable as
aforesaid resides may, on summons to the parent, step-parent or
other person

liable as aforesaid, examine into his ability to maintain
the child, and may if they · .. think fit make an order.
on him for the payment to the inspector or his agent of such weekly
sum not exceeding five shillings per week as to them
reasonable, during the whole or any part of the time for which the
child is liable to be detained in the school. Every such order ...
may specify the time during which the payment is to be made, or
may direct the payment to be made until further order.
Every such payment or a proper proportionate part thereof shall
go in relief of the charges on her Majesty's treasury, and the same
shall be accounted for as the commissioners of her Majesty's treasury
direct, and where the amount of the payment ordered in respect of
any child exceeds the amount contributed by the commissioners of
her Majesty's treasury in respect of that child, the balance shall be
accounted for and paid to the managers of the school. The secre-
tary of state may in his discretion remit wholly or partially any
payment so ordered. Two justices .. having jurisdiction to
make such an order ... may from time to time vary any such
order... as circumstances require, on the application either
of the person on whom such order

is made, or of the
inspector of industrial schools or his agent, on fourteen days' notice
being first given of such application to the inspector or agent or to
such person respectively."

Recovery of Sums ordered.] By sect. 51, the 11 & 12 Vict. c. 43 is to apply to "all payments and orders in respect of which jurisdiction is given to justices by this act, or which are by this act directed to be ..

enforced or made in a summary manner,"—i.e. by distress (11 & 12 Vict. c. 43, s. 19, Vol. I. p. 225); and in default imprisonment for not exceeding three calendar months, unless the amount be sooner paid (Id. s. 22, Id. p. 228). It would seem, however, that such a claim comes within the operation of sect. 6 of the Summary Jurisdiction Act, 1879, and is recoverable as a civil debt.

Forms.] Forms of Complaint, Summons, Order, &c. are given in a schedule to the act, and are set out in Oke's Formulist,” 6th ed.

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64 See sect. 30, supra, for the evidence of a child being in the school.
65 See Note 55, ante, p. 1436, for definition of “two justices."



29 & 30 Vict. Pp. 795—797. Nos. 6 to 11. Sect. 52 provides that " no summons, c. 102.

notice or order made for the purpose of carrying into effect the provisions of this act shall be invalidated for want of form only; and the forms in the schedule to this act annexed, or forms to the like effect, may be used in the cases to which they refer, with such variations as circumstances require, and when used shall be deemed sufficient.”


Compensation for damage done by entry on lands to repair works, c. 114.

&c., is to be determined by two justices, under “The Lands Clauses Consolidation Act, 1845” (s. 73). See tit. “ Lands Clauses Act, post, p. 1446.


Recovering Possession of Tenements not exceeding £20 a year Rent.] c. 74.

By 1 & 2 Vict. c. 74, s. 1, when and so soon as the term or interest of the tenant of any house, land or other corporeal hereditaments, held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent, or at a rent not exceeding the rate of £20 a year [even where the annual value exceeds that sum, see Earl of Harrington v. Ramsay, 22 L. J. (N.S.) Q. B. 460; Id. Exch. 326; decided under the County Court Act], 66 and upon which no fine shall have been reserved or made payable, shall have ended, or shall have been duly determined by a legal

a notice to quit or otherwise, and such tenant or person occupying the same shall neglect or refuse to quit and deliver up possession, the landlord, or his agent, must serve a notice [describing in it that the person giving it is "the owner” or “agent for the owner,Delaney v. Fox, 26 L. J. (N. S.) C. P. 5] of his intention to apply for a justices' warrant to recover possession. This notice is to be served “either personally, or by leaving the same with some person being in and apparently residing at the place of abode of the person so holding over as aforesaid, and the person serving the same shall read over the same to the person served, or with whom the same shall be left as aforesaid, and explain the purport or intent thereof;provided that if the person so holding over cannot be found, and the place of abode of such person shall either not be known or admission thereto cannot be obtained for serving such summons, the posting up of the said summons on some conspicuous part of the premises so held over shall be deemed to be good service upon such person” (s. 2). The landlord, or his agent, should then prefer

66 By 22 Vict. c. 12, 8. 5, this provision is extended to the recovery of land belonging to the crown, although the term may have exceeded seven years, or the rent may have been more than £20. See also 27 & 28 Vict. c. 57, s. 12, ante, p. 1314, tit. Admiralty."


the complaint to two justices acting for the district wherein the 1 & 2 Vict. premises are situate, attaching to it a duplicate of the notice, and c. 74. giving evidence of the holding and of the end or determination of the tenancy, &c., when the justices, or any two of them, may thereupon issue a warrant under their hands and seals to the constables, commanding them “within a period to be therein named, not less than twenty-one, nor more than thirty clear days from the date of such warrant,” to enter (by force if needful) into the premises and give possession of the same to the landlord or agent (s. 1). 67 Execution of warrant to be stayed if tenant enters into a bond to appeal (s. 1). Justices and constables protected (s. 5). Possession may be recovered in the county court where the rent does not exceed £50 a year (19 & 20 Vict. c. 108, s. 50); and where it is under £20 a year, the proceedings may be either before justices or the county court, the justices' jurisdiction not being taken away by the County Courts Act as supposed, both statutes having a concurrent jurisdiction.68 No costs can be ordered under the act, and the 11 & 12 Vict. c. 43, s. 18, ante, pp. 195, 196, does not apply. [Forms of Notices, &c., Nos. 1—3, pp. 807, 808, Oke's “ Formulist,” 6th edit.]

Giving Possession of Deserted Premises to Landlord.] By 11 Geo. 2, 11 Geo. 2, c. 19, s. 16, if any tenant at rack rent, or where the rent reserved c. 19. is full three-fourths of the yearly value of the demised premises, who is in arrear for one (half year's, 57 Geo. 3, c. 52,] rent, [or held under any demise or agreement, whether written or verbal, although no right or power of re-entry be reserved or given to the landlord in case of non-payment of rent, 57 Geo. 3, c. 52], shall desert the premises, and leave the same uncultivated or unoccupied so as no sufficient distress can be had to countervail the arrears of rent, two justices (having no interest in the premises) may, at the request of the landlord or his bailiff or receiver, go upon and view the same, and affix on the most notorious part of the premises notice in writing on what day (at the distance of fourteen clear days between each view) they will return to take a second view ;-and if on such second view the tenant, or some person on his behalf, shall not appear and pay the rent, or there shall not be sufficient distress on

67 It is doubtful whether the meaning of the act is, that the warrant cannot be executed before the expiration of 21 days or after 30 days ;-or that it may be executed at any time within 21 days, but not after 30 days; --but the statutable form of warrant (Oke's "Formulist,” 6th ed. pp. 808, 809) supports this latter view. The form was apparently intended to be adapted by the justices, and the limit of between 21 and 30 days to be fixed by them in the warrant, during which the warrant is to be in force. The justices' jurisdiction is not ousted by the tenant setting up the title of a third person (Rees v. Davies, 4 C. B., N. S. 56). 68 See 1 Steph. Com. 2nd ed. pp. 77, 78; 3rd ed. p. 78. The jurisdiction of justices is expressly recognized by 15 & 16 Vict. c. 79, s. 13, title " Inclosures," ante, p. 1428, and the acts in Note 66, supra.

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