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IV.

INDUSTRIAL SCHOOLS, 29 & 30 Vict. C. 118.1

An Act to consolidate and amend the Acts relating to industrial schools in Great Britain.—[loth August 1866.]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Preliminary.

Short Title.

1. This Act may be cited as The Industrial Schools Act, 1866.

Extent of Act.

2. This Act shall not extend to Ireland.

Acts described in First Schedule repealed.

3. The Acts described in the first Schedule to this Act are hereby repealed; but this repeal shall not affect the past operation of any such Act, or the force or operation of any certificate, order, rule, or sentence made or passed, or the validity or invalidity of anything done or suffered, or any right, title, obligation, or liability accrued, before the passing of this Act; nor shall this Act interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any penalty or forfeiture incurred under, any Act hereby repealed.

Interpretation of Terms.

4. In this Act—

The term "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:

The term " Magistrate " applies to Scotland only, and includes Sheriff, Sheriff* Substitute, Justice of the Peace of a county, Judge in a police court, and Provost or Baillie of a city or burgh:

The term "prison authority" with respect to England has the same meaning as in the Prisons Act, 1865 [28 & 29 Vict. c. 126], and

1 Cf. § 41, p. xxiii and 26.

with respect to Scotland means the administrators of a prison as defined by the Prisons (Scotland) Administration Act, 1860 [23 & 24 Vict. c. 105]: The term "parish" includes a place separately maintaining its own poor.

Industrial Schools.

Description of Industrial Schools and Managers.

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.
Inspector of Industrial Schools and Assistant.

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 be also the inspector of industrial schools.

The Secretary of State may from time to time appoint a fit person to assist the inspector; and every person so appointed 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.

Certified Industrial Schools.

Mode of certifying Industrial School.

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.

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.

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 or in the Edinburgh Gazette, according as the school to which it refers is in England or in Scotland.

Copy of Gazette to be Evidence.

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.

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.

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 by Counties and Boroughs to Establishment and Enlargement of Schools.

12. In England a prison authority 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 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; provided,—

First, that not 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, enlargement, 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. In Scotland a county board may contribute to any certified industrial school with the consent and in the manner provided by the Prisons (Scotland) Administration Act, 1860, respecting contributions to reformatories.

Mode of obtaining Approval of Secretary of State.

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 plan submitted to him, with or without modification, or may disapprove of the same, and his approval or disapproval shall be certified by writing under his hand.

Classes Of Children To Be Detained In Certified Industrial

Schools.

As to Children under 14 years of Age found begging, dec.

14. Any person may bring before two justices or a magistrate any child apparently under the age of fourteen years that comes 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 or magistrate 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.1

As to Children under twelve Years of Age charged with Offences.

15. Where a child apparently under the age of twelve years is charged

1 Besides the classes of children enumerated here who may he sent to an industrial school, 'The Prevention of Crimes Act,' 1871 (34 & 35 Vict., c. 112), by § 14, provides that the children under fourteen years of age of a woman convicted under that Act may, under certain circumstances, be sent to an industrial school.

The section is as follows:—

"Where any woman is convicted of crime, 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 who are 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 14th section of ' The Industrial schools Act, 1866,' in respect of the children in the said section described."

before two justices or a magistrate with, an offence punishable by imprisonment or a less punishment, but has not been in England convicted of felony, or in Scotland of theft, and the child ought, in the opinion of the justices or magistrate, (regard being had to Ms age and to the circumstances of the case,) to be dealt with under this Act, the justices or magistrate may order him to be sent to a certified industrial school.

As to refractory Children under fourteen Years of Age in Charge of Parent, dec.

16. Where the parent or step-parent or guardian of a child apparently under the age of fourteen years represents to two justices or a magistrate 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 or magistrate, 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.

As to refractory Children under fourteen Years of Age in Workhouses, Pauper Schools, &c.

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, or the parochial board of a parish or combination, represent to two justices or a magistrate 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, or in the poorshouse of a parish or combination, 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 or magistrate 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.

Order Of Detention.

Form and Contents of Order sending Child to School.

18. The order of justices or a magistrate 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 or magistrate, and shall specify the name of the school.

The school shall be some certified industrial school (whether situate within the jurisdiction of the justices or magistrate making the order or not) the managers of which are willing to receive the child; and the reception of the child by the managers of the school shall be deemed to be an undertaking by them to teach, train, 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 of the school takes effect, or until the contribution out of money provided by Parliament towards the custody and maintenance of the children detained in the school is discontinued, whichever shall first happen.

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