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Grants for building schools intended to be certified under the Industrial Schools Act will also be made, on the usual terms as regards the previous approval of plans, specifications, estimates, title, and conveyance in trust, and at a rate not exceeding half the approved expenditure, nor exceeding 301. per bed for which proper space is provided.

Grants will be made for building (instead of an allowance for rent) in those cases only where the permanent provision of premises appears to be thoroughly adequate, and where circumstances in all respects are favourable to the undertaking.

Circular to Her Majesty's Inspectors of Parochial Union Schools, explanatory of foregoing Minute, dated 31 December 1857 relating to Certified Industrial and Ragged Schools.

Education Department, Privy Council Office, 30 January 1858.

SIR, THE progress of legislation upon the subject of reformatory and industrial schools has led their Lordships to review the Minute dated 2 June 1856, and the various instructions which have grown out of it upon the same subject.

I have the honor to enclose, for your information, a copy of a Minute, dated 31 December 1857, wherein their Lordships have caused their present resolutions to be embodied.

The object of the new Minute is to withdraw the Committee of Council as much as possible from the field occupied by the Home Office, in relation to reformatories, properly so called; to encourage the transformation of those ragged schools which are organized as asylums or refuges into certified industrial schools, and to extend a certain measure of public assistance to ragged schools generally, whether or not they may have become certified under the recent Acts.

By the Minutes recently in force no industrial class could be aided unless it belonged either, on the one hand, to a refuge or reformatory, or, on the other, to a common elementary day school.

Henceforth, the industrial classes of ragged schools and of common day schools are placed upon the same footing.

The ragged school, so far as it serves for week-day instruction, as well as its industrial class or classes, must be open to inspection, but the teacher will not be obliged personally to undergo any examination. No grants (except those for the purchase of books and maps) will be made in aid of the purely scholastic instruction, unless a certificated teacher be employed. The ragged school will be inspected as being the complement of its industrial classes, with a view to estimate the joint influence of instruction and of work upon the scholars.

If the managers of a ragged school see fit at any time to engage a teacher holding one of their Lordships' general certificates, they will be in a position, whenever they may see occasion, to shift their school from the ragged class to the class of schools which are maintained under the Minutes of 1846 and 1853.

Ragged schools are to be regarded as provisional institutions, which are constantly tending to become either elementary schools of the ordinary kind, or industrial schools certified under Acts of Parliament.

You will not fail to observe the importance of bringing within the operation of the Industrial Acts the greatest possible number of those ragged schools which are conducted by their managers as refuges, and of securing that the inmates of them shall, as far as possible, have entered them by order of the justices rather than as volunteers. The order of the justices, made in pursuance of the Industrial Schools Act, supersedes, in a much more complete and satisfactory mode, the magisterial certificate which was required under the Minute of 2 June 1856.

During the period between the present time and the 31st of March 1859, the administration of the Minute dated 2 June 1856 will continue unchanged in respect all schools to which it has already been applied. But all schools admitted for

the first time to aid, as "industrial," will be treated simply as ragged schools, unless they are certified under the Industrial Schools Act; and this will also be the case, after the same date, with all industrial schools whatever remaining uncertified.

With regard to the training of teachers (Section 7) for industrial schools, my Lords are anxious to encourage it as far as it can be accomplished with real efficiency.. You will, of course, be on your guard to see that a number of inexperienced candidates, purporting to be trained, do not take the place, at the public expense, of a proper establishment of qualified instructors. The candidate teachers must always be considered as additional to a sufficient regular staff; and you will nowhere propose them for admission in such numbers as to leave them with any large part of their time to pass otherwise than in active practical employment (under guidance) about the daily work of the school. It is not necessary that their literary acquirements should go beyond the power to teach reading, writing, and arithmetic well, and by the best methods, with enough of general intelligence to illustrate, as for a class, the scriptural, geographical, or historical allusions in some one of the common lesson books.

You will examine candidates for admission into training as part of your annual inspection (Section 7 (b) 2). In like manner you will examine any acting teachers who may be qualified to apply for certificates (Section 6 (g), and any trained candidates whom you may find for the first time in the schools to which they have been appointed (Section 7 (b) 4), just as you now examine a workhouse teacher who has entered on duty since your last inspection.

The Committee of Council will allow the same grants for training teachers to reformatories (Section 9) as to certified industrial schools; and such teachers, when trained, may receive augmentation in certified industrial schools. If they take service in reformatories, they will have no grants from the Committee of Council to expect, the managers being enabled by the grants received through the Home Office to pay competent salaries without augmentation from any other public fund. In allowing for rent, the same principles will be pursued as heretofore. There must be an annual outgoing in virtue of some agreement capable of being legally enforced before the allowance will be made. The allowance will not be made upon an estimated annual value of buildings for which (from whatever cause) no rent is actually paid. The reasons of this decision are explained in the instructions dated 21 November 1856. The allowance for rent made upon any buildings, not being part of a school certified under one of the Industrial Schools Acts, will be apportioned so as to exclude from account all parts of the premises which are not used for industrial instruction. It is the intention of the Minute to pay half the rent of such rooms only as, but for the industrial work, would not be wanted.

As regards grants for building permanent premises, ragged schools do not differ from others in what is necessary about their arrangement. They will generally be best placed in the poorest and densest quarters of large towns, among the children who are to frequent them. But the case is different with the permanent premises of certified industrial schools. These latter will now receive their inmates by magisterial order, not by invitation. They should stand, therefore, in the country; and those spots should be chosen which, being healthy, afford the cheapest land. The buildings, inside and out, should be substantial; but whatever cannot be pronounced necessary should be excluded from the items of expenditure in erecting or furnishing them. Applicants for building grants should begin by submitting to the Committee of Council a detailed statement of their case in writing.

To Her Majesty's Inspectors of Schools.

I have the honor to be, &c.
(Signed)

R. R. W. LINGEN.

Industrial Schools Act referred to in foregoing Minute dated 31 December 1857, and Circular dated 30 January 1858.

ANNO VICESIMO & VICESIMO PRIMO VICTORIE REGINÆ,

CAP. XLVIII.

An Act to make better Provision for the Care and Education of vagrant, destitute, and disorderly Children, and for the Extension of Industrial Schools. [17 August 1857.] WHEREAS industrial schools for the better training of vagrant children have been and may be established in various parts of England, and it is expedient that more extensive use should be made of such institutions, and that the responsibility of

Short Title. Interpreta

tion of terms.

parents to provide for the proper care of their children should be enforced: 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:

I. This Act may be cited as the "Industrial Schools Act, 1857."

II. The following words and expressions shall have the meanings hereby assigned to them respectively, unless there be something in the subject or context repugnant to such construction :

"Police" shall include every policeman, police constable, parish constable,
tythingman, or headborough:
"Justices" shall include any two or more justices of the peace acting together, and
also any person who by the Act of the eleventh and twelfth years of Her
present Majesty, chapter forty-three, sections thirty-three and thirty-four, is
authorized to do alone whatsoever is authorized by that Act to be done by any
two or more justices of the peace:

"Child" shall include any boy or girl who in the opinion of the justices is above
the age of seven and under the age of fourteen:

"Certified Industrial School" shall mean any school or institution certified under this Act:

"Managers" shall include the directors, managers, or other persons who shall have
the management or control of any certified industrial school:

"Parent" shall include any person legally liable to maintain a child, and also any
person upon whom an order for affiliation has been made and not quashed:
'County" shall include any city, borough, riding, or division of a county having
a separate commission of the peace.

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Committee III. The Committee of Her Majesty's Privy Council on Education may, upon the of Privy Council on application of the managers of any school in which industrial training is provided, Education and in which children are fed as well as taught, direct such person as they may appoint may certify to examine and report to them upon its condition and regulations, and, if satisfied any industherewith, may grant a certificate under the hand of the President of Her Majesty's trial school under this Privy Council or of the Vice-President of the said Committee thereof, and thenceAct, but not forth the school shall be a certified industrial school within the meaning of this Act; under this provided always, that no school shall be certified both under this Act and under the 17 & 18 Vict., Act of the seventeenth and eighteenth Victoria, chapter eighty-six.

Act and

c. 86.

report an

IV. The said Committee shall direct a report of the condition and regulations of Inspector to every certified industrial school to be made to them at least once in each year by such person as they may appoint; and if upon his report the Committee is dissatisfied nually. with the condition or regulations of the school, they may withdraw their certificate, Certificate and, upon notice in writing of such withdrawal having been given to the managers withdrawn. thereof, the school shall cease to be a certified industrial school from such time as shall be specified in the notice.

may be

Children

taken into

custody for vagrancy

may be sent

to school while inquiries are

made.

Justice may

to be dis

charged or

V. When any child is taken into custody on a charge of vagrancy under any local or general Act, the justices, on receiving satisfactory proof in support of such charge, may, if the parent, or in case of an orphan, if the guardian or nearest adult relative, of the child cannot at once be found, and provided there be any certified industrial school, the managers of which are willing to receive him, order the child to be sent to such industrial school for any period not exceeding one week, and shall direct due inquiries to be made, and notice (Form A.) to be given to the parent or guardian or nearest adult relative of the child, if any can be found, or to the persons with whom the child is or was last known to have been residing, of the circumstances under which the child has been taken into custody, and that the matter will be inquired into at the time and place mentioned in the notice.

VI. At the time and place mentioned in the notice, any justices may make full order child inquiry into the matter, and may, if they shall think fit, order the child to be discharged altogether, or if the parent, (or where the child is an orphan, then the guardian or nearest adult relative,) be found, may, on conviction of such child on such charge as aforesaid, deliver him up to his parent, (or where the child is an orphan, to the guardian or nearest adult relative as aforesaid,) on his giving an make parent assurance in writing (Form B.) that he will be responsible for the good behaviour responsible. of the child for any period not exceeding twelve months, and in default of such

sent to a certified

industrial school or

assurance being given may, by writing under their hands and seals (Form C.), order the child to be sent for such period as they may think necessary for his education and training to any certified industrial school, the managers of which

are willing to receive him; provided, however, if within the county where the child was taken into custody, or any adjoining county, there shall be any certified industrial school conducted on the principles of the religious persuasion to which the parent of the child in the opinion of the justices shall belong, and the managers of such school shall be willing to receive him, such child shall be sent to such last-mentioned school, and not to any other.

VII. If the child, after such assurance as aforesaid being given, be brought up Parent liable to penalty again on a similar charge within the period for which the parent, or in case of an for neglect orphan, the guardian or nearest adult relative, has become responsible for his good during rebehaviour, the justices may inflict a fine upon the parent or guardian or nearest sponsibility. adult relative as aforesaid, not exceeding forty shillings, should it be proved, to the satisfaction of the justices, that the last-mentioned act of vagrancy has taken place through the neglect of the parent.

Time passed - VIII. The time during which any child shall be lodged in any certified industrial in industrial school under this Act shall, for all the purposes of the Act of the ninth and tenth school to be years of the reign of Her present Majesty, chapter sixty-six, and of every Act excluded in incorporated therewith, be excluded in the computation of the time therein tion of time mentioned.

computa

under 9 & 10

IX. If the parent, or in case of an orphan, if the guardian or nearest adult Vict., c. 66. relative, objects to the certified industrial school to which the child has been sent Parent may or ordered to be sent, and proposes some other certified industrial school, and (under con ditions) proves that the managers of it are willing to receive the child, and, if on any have child other than religious ground, pays or finds good security to pay any expenses which sent to a may be incurred in consequence of his objection, any justice of the county where school which he approves, the child was taken into custody shall order (Form D.) the child to be sent to the certified industrial school proposed by the parent or guardian or nearest adult relative as aforesaid.

Certain

X. In every industrial school a book shall be kept by the managers, to which Book to be access shall be had at all reasonable hours, in which the religious denomination of kept in the child when admitted to the industrial school shall be entered; and it shall be which religious denolawful, upon the representation of the parent, or in case of an orphan, then of the mination of guardian or nearest adult relative, of any inmate placed in such industrial school children to under the provisions of this Act, for a minister of the religious persuasion of the be entered; inmate of such industrial school, at certain fixed hours of the day, which shall be hours to be fixed by the managers for the purpose, to visit such schools for the purpose of fixed for affording religious assistance to such inmate, and also for the purpose of instruct- visits of ing such inmate in the principles of his religion. clergymen. XI. A duplicate of the order under which any child is in pursuance of this Act Duplicate of ordered to be sent to a certified industrial school shall be sent to the managers given to mathereof, and shall be a sufficient warrant for the detention of the child.

order to be

nagers, to be sufficient for

XII. On the application of the parent, or in case of an orphan, then of the detention of guardian or nearest adult relative, or of the managers, any justices of the county child. in which the school is situate, or of the county where such parent resides, if satisfied On applithat a suitable employment in life has been provided for the child, or that there is cation of parent, &c., otherwise sufficient cause, may discharge (Form E.) the child from the certified child may be industrial school before the full expiration of the period for which he has been sent discharged there, or may order his removal from one certified industrial school to another from school. (Form F.), or may order him to be discharged altogether.

XIII. On good security being at any time found by the parent or by any other Child may be person, any justices of the county in which the certified industrial school to which discharged the child has been sent is situate or of the county where such parent resides shall on good security order (Form G.) the child to be discharged therefrom; provided always, that the being found. security shall be in such amount as the justices determine, or may be rejected by them altogether, on its being proved to their satisfaction that security for the child has at any time and under any circumstances been previously rejected or forfeited. XIV. No person shall be detained in any certified industrial school under this Act beyond the age of fifteen years against his consent.

Child not to be detained

beyond the

age of 15. On applica

XV. Any justices of the county in which the certified industrial school to which the child has been sent is situate, or in which the parent is residing, may, upon the complaint of the managers, summon the parent, and examine into his circumstances, tion of maand in their discretion may order him (Form H.) to pay to such managers, or to nager, the any person authorized by them from time to time to receive it, a weekly sum not parent may exceeding three shillings, until the child attains the age of fifteen years, or is moned, and

be sum.

ordered to pay accord

ing to his ability.

lawfully discharged; and on default of payment for the space of fourteen days the like proceedings may be taken for enforcing and recovering the same as are hereinafter provided for the enforcing and recovering of any penalty or forfeiture imposed by this Act.

Parents payXVI. The parent or the managers may at any time apply to any justices of the ment may be county in which the certified industrial school is situate, or in which the parent is diminished or increased, residing, for an order to diminish the amount of the weekly sum payable by the parent, or to increase it to an amount not exceeding three shillings per week; and the justices, on proof that the parent or the managers have given to each other (as the case may be) not less than one week's notice in writing of the intended application, and of the time and place of hearing the same, shall make full inquiry into the matter, and may diminish or increase the amount of the weekly sum payable by the parent, as they think fit, or may release him from such payment altogether (Forms I. and K.)

Power to
managers
to permit
children to
sleep out of
school.
Children ab-

may be sent

school.

XVII. The managers may, at their discretion, permit any child to sleep or lodge at the dwelling of his parent, or of any trustworthy and respectable person, and may also, at their discretion, revoke such permission; provided always, that they shall continue to board and feed the child in all respects as if he were lodging in the certified industrial school.

XVIII. If any child, whether lodging in the school or elsewhere, before attainsconding,&c. ing the age of fifteen years, or being duly discharged, wilfully absconds from the back to the school, or neglects his attendance thereat, any justice of the county in which the certified industrial school is situate, or in which the child is re-taken, may, by writing under his hand and seal, order him to be sent back to the school, and to be detained there until he attains the age of fifteen years, or for such shorter period as the justices think fit.

Penalties on persons in ducing children to

abscond, &c. or harbouring them.

Service of notices.

Guardians may contract with managers.

What is sufficient evidence as

identity of child, and making of orders.

XIX. Any person who directly or indirectly withdraws a child from the certified industrial school to which he has been sent, or induces him to abscond therefrom, previous to his attaining the age of fifteen years, or being duly discharged, or who knowingly conceals or harbours him, or in any way prevents his return, shall for every such offence be liable in a penalty not exceeding two pounds, to be recovered by summary proceedings before two justices in or near the place where the offence is committed, or where the offender may at the time being happen to be, in manner provided by the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter forty-three.

XX. The leaving of any summons or notice or order authorized to be issued or made by any justices under this act at the usual or last known place of abode of the party to whom the same respectively is directed shall in every case be deemed a good and sufficient service thereof.

XXI. The guardians of any union or any parish wherein the relief to the poor is administered by a board of guardians may, if they deem proper, with consent of the Poor Law Board, contract with the managers of any certified industrial school for the maintenance and education of any pauper child.

XXII. Whenever it shall be necessary to prove that any industrial school is duly certified or sanctioned under this Act, the production of an attested copy of the certo certificate ficate shall be sufficient evidence thereof; and the production of an original dupliof school, cate of the order under which any child has been sent to or is detained in any certified industrial school under this Act, or a copy of such order with a memorandum signed by the manager or superintendent, or master or matron of any such school, that the young person named in such order was duly received into and is at the signing thereof detained in such school, or has been otherwise disposed of according to law, and the production of an original duplicate of any order made upon the parent under this Act, or a copy thereof certified by the clerk to the justices making the same to be a correct copy, shall in all proceedings whatsoever be sufficient evidence of the due making and signing of all or any of such orders, memorandum, and certificate respectively, and of the sending, detention, and identity of the child or parent named in such orders respectively, without proof of the signatures or official characters of the justices or other persons appearing to have signed the same respectively.

Committee of Educato give notice of certified schools.

XXIII. Whenever the Committee of Her Majesty's Privy Council on Education shall at any time grant a certificate under this Act to any industrial school, they shall within one calendar month cause a notice thereof to be published in the London Gazette, and such publication shall be a sufficient evidence of the fact of such industrial school having been certified to justify any justices to commit any child thereto,

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