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secretary of state from time to time prescribes, but shall act under 29 & 30 Vict. the direction of the inspector."
Resignation of Certificate by Managers.] Sect. 7. “The managers of any certified reformatory school may upon giving six months', and the executors or administrators of a deceased manager (if only one) of any certified reformatory school may upon giving one month's, previous notice in writing of their intention so to do, resign the certificate given to such school; and accordingly, at the expiration of six months or one month (as the case may be) from the date of the notice (unless before that time the notice is withdrawn), the certificate shall be deemed to be resigned.”
Liabilities of Managers.] Sect. 8. “The managers of a certified reformatory school may decline to receive any youthful offender proposed to be sent to them under this act, but when they have once received him they shall be deemed to have undertaken to educate, clothe, lodge and feed him during the whole period for which he is liable to be detained in the school, or until the withdrawal or resignation of the certificate takes effect, or until the contribution out of money provided by parliament towards the custody and maintenance of the offenders detained in the school is discontinued, whichever shall first happen.”
Effect of Withdrawal of Certificate.] Sect. 9. “Whenever the certificate is withdrawn from or resigned by the managers of a reformatory school no youthful offender shall be received into such school after the date of the receipt by the managers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 educate, clothe, lodge and feed any youthful offenders in the school at the respective dates aforesaid shall, excepting so far as the secretary of state may otherwise direct, be deemed to continue until the withdrawal or resignation of the certificate takes effect, or until the contribution out of money provided by parliament towards the custody and maintenance of the offenders detained in the school is discontinued, whichever shall first happen.”
Disposal of Inmates on Withdrawal or Resignation of Certificate.] Sect. 10. “When the withdrawal or resignation of the certificate of a reformatory school takes effect, the youthful offenders detained therein shall be, by the order of the secretary of state, either discharged or transferred to some other certified reformatory school.”
Publication of the Grant or Withdrawal of Certificate.] Sect. 11. “A notice of the grant of any certificate to a reformatory school, or of the withdrawal or resignation of such a certificate, shall within one month be advertised by order of the secretary of state, as to a school in England in the London Gazette .
29 & 30 Vict. 0. 117.
Power of Prison Authority to contract with Managers of Schools.] Sect. 27. “Any prison authority 159 may contract with the managers of any certified reformatory school for the reception and maintenance therein of offenders whose detention in a certified reformatory school is directed by a court or justices, or a magistrate, acting for or within the district of the contracting prison authority, in consideration of such payments as may be from time to time agreed on."
Contribution to Establishment and Enlargement of certified Reformatory Schools.] Sect. 28. “A prison authority in England may from time to time contribute such sums of money, and upon such conditions as it may think fit, towards the alteration, enlargement or rebuilding of a certified reformatory 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 reformatory school, or towards the purchase of any land required for the use of an existing certified reformatory school, or for the site of any school intended to be a certified reformatory school; provided, “First, that not less than two months' previous notice of the in
tention 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 prison authority, and also in the manner in which notices relating to business to be transacted by that
authority are usually given: “Secondly, that where the council of a borough is the prison
authority, 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, en
largement, rebuilding, establishment, building or purchase." Mode of obtaining Sanction of Secretary of State.) Sect. 29. “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
159 Definition of “ Prison Authority.”] “Prison authority" is, by
The sect. 3, to mean the same persons as are defined to be such by Prisons Act, 1865," 28 & 29 Vict. c. 126; see sect. 5 of that act.
secretary of state thinks fit to require ;—and the secretary of state 29 & 30 Vict.
Expenses of Prison Authorities and County Boards, how defrayed.]
II. Powers of Managers, &c. of Schools.
Officers to have Privileges, &c. of Constables.] Sect. 13. “Every
Placing Offenders out on Licence.] Sect. 18. “The managers of a certified reformatory school may, at any time after the expiration of eighteen months of the period of detention allotted to a youthful offender, by licence under their hands, permit him to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him. Any licence so granted shall not be in force for more than three months, but may at any time before the expiration of such 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 youthful offender's period of detention is expired. Any such
160 The offender not conforming to these rules is liable to imprison.
29 & 30 Vict. licence may also be revoked by the managers of the school, by c. 117.
writing under their hands, at any time before the expiration of such period of three months, and thereupon the youthful offender to whom the licence related may be required by the managers, by writing under their hands, to return to the school.161 The time during which a youthful offender is absent from a certified reformatory school in pursuance of a licence under this section 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 fixed by his licence he shall be taken back to the school."
Power to apprentice Offenders.] Sect. 19. “The managers of a certified reformatory school may, at any time after an offender has been placed out on licence as aforesaid, if he conducted himseli 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 erery such binding shall be valid and effectual to all intents."
III. Recovery of Contribution from Parent of Ofender. Order of Justices for Contribution to Maintenance of Ojjenders in School.] By 29 & 30 Vict. c. 117, s. 25, “The parent or step-parent or other person legally liable to maintain any youthful offender detained in a certified reformatory school 162 shall, if of sufficient ability, contribute to his support and maintenance therein a sum not exceeding five shillings per week. On the complaint of the inspector of reformatory schools, or of any agent of the inspector, or of any constable under the directions of the inspector (with which directions the constable is hereby required to comply), at any time during the continuance of the offender in the school, any justices 163 ... having jurisdiction at the place where the parent, step-parent, or other person liable as aforesaid resides, may, on summons to the parent or step-parent or other person liable as aforesaid, examine into his or her ability, and may, if they ... think fit, make an order ... on him or her for the payment to the inspector of reformatory schools or to an agent of the inspector, of such weekly sum, not exceeding five shillings per week, as to them ... seems reasonable, during the whole or any part of the period for which the offender is liable to be detained in the school. Every such order .
161 The offender refusing to return or escaping
from the place is liable to be imprisoned.
See Offence 3, Vol. I. p. 732, tit. “ Reformatery Schools.”
162 For evidence of a child being in a school, see sect. 33, Vol. I. p. 372, Note 371.
163 For definition of justices," see Vol. I. p. 210, Vote 67.
specify the time during which the payment is to be made, or may 29 & 30 Vict. be until further order.
Every such payment c. 117. shall go in relief of the charges on her Majesty's treasury, and shall be accounted for as the commissioners of her Majesty's treasury direct. The secretary of state may, in his discretion, remit all or any part of any payment so ordered.” Variation of Order.] Sect. 26. “Any justices
having jurisdiction to make such order
may from time to time vary the same as circumstances require, on the application either of the person on whom the order ... is made, or of the inspector of reformatory schools, or of any agent of the inspector, 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. 34, the 11 & 12 Vict. c. 43, is to apply to all "payments and orders in respect to which jurisdiction is given to justices .. by this act, or which are by this act directed to be
enforced and made in a summary manner,” i. e. by distress (Id. s. 19, Vol. I. p. 225); and in default imprisonment for not exceeding three calendar months, unless the amount be sooner paid (Id. ss. 22, Id. p. 228).
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. pp. 942–944, Nos. 1-5, sect. 36, providing that "no summons, 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."
REFRESHMENT HOUSES AND WINE LICENCES.
See " Intoxicating Liquors."
RIOTS. Definition of a
“ Riot" or “ Rout.” See Offence 474, ante, p. 1166 and Note 115 thereto.
Appointment of Special Constables.] For counties, &c. under 1 & 2 Will. 4, c. 41, see ante, p. 1352; for boroughs, annually in October, see ante, p. 1338.
The Proclamation.] The Riot Act, 1 Geo. 1, st. 2, c. 5, provides 1 Geo. 1, st. 2, in sect. 1, " that if any persons, to the number of twelve or more,
c. 5. being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, • and being thereunto required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his under-sheriff,