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Order to be made only upon certain conditions.

Conditions of order.

Duties of justices upon such application.

Upon appli

-cation of mayor, cer

3140. The mayor of any municipality may, with the authorization of the council of his municipality, cause to be brought tain children before any two justices of the peace or a magistrate any child may be sent to under twelve years of age, who, owing to the continual sickness or extreme poverty of his parents, or by reason of their habitual drunkenness or other vicious habits, requires to be protected and cared for, and may apply to have such child sent to a certified industrial school.

school.

Such justices of the peace or magistrate shall not make any such order unless the father or mother, step-father or stepmother, tutor or relative shall have deposited with them a sum sufficient to cover the cost of the maintenance of such child in the industrial school, for one month, over and above the contribution of the Province mentioned in article 3161.

Upon such information being given to them, the justices of the peace or the magistrate shall hear the evidence and make inquiries into the facts, and, if the proof be sufficient, order that the child be sent to a certified industrial school for the term mentioned in the application.

Payment of 2. In the cases mentioned in this article, the municipality maintenance. shall be liable for one-half of the cost of the maintenance of the child in the industrial school.

Manner of payment.

The said order shall be given on condition that the said sum, to be contributed as aforesaid, shall be paid monthly, in advance, to the collector of provincial revenue of the district. 47 V., c. 23, s. 1.

Such amount shall be paid by the corporation to the collector of provincial revenue for the district, and, in default of payment, he may, under the direction of the Provincial Treasurer, recover the same by suit before a competent court, sitting in the district. 3. It shall be lawful for any corporation which shall have so paid any sum of money to the Government for the board, amount paid maintenance and lodging of any child detained in an industrial

Municipality may be reimbursed

and how.

Levy of as

sessment for

purpose of payment of

school to obtain the repayment thereof by means of suit and distress, in the ordinary manner, upon the property of the child or of those who are by law obliged to provide and care for him.

4. The amount which any corporation is obliged to pay under the provisions of this chapter shall be considered as a debt assessable under the Municipal Code and shall be levied and maintenance. collected in the same manner as any ordinary tax due by the rate payers of a municipality. 47 V., c. 23, s. 1; 51-52 V., c. 40, s. 2.

Child may be discharged if

3141. The proprietors of industrial schools shall not be cost of main obliged to detain the child, if the contributions payable under articles 3139 and 3140 are not regularly paid. 47 V., c. 23, s. 1.

tenance not

paid.

Child not to be detained before or after he has

3142. No order shall be given for the detention of any child in a certified industrial school, until he is seven years of age, nor shall he be detained therein after he is twelve years of age, attained cer- unless his parents oblige themselves to pay the cost of his

tain age.

board and maintenance, or unless such child be prevented from leaving by sickness or bodily infirmities.

to be executed

2. No order for the detention of any child in a certified Order for conindustrial school shall be executed unless the papers in the finement not case have been submitted to, and the order has been approved unless conby, the Provincial Secretary, which approval he shall endorse firmed by Prothereon; and the Provincial Secretary shall, when approving tary, who may such order, have power to limit the period for which it shall limit period remain in force. 47 V., c. 23, s. 1; 49-50 V., c. 29, s. 1.

of detention.

3143. Except in the cases provided for by the preceding Duties of priarticle, it shall be the duty of the prison inspectors to see that son inspecno child remains therein after the age of twelve years. 47 V.,

tors.

c. 23, s. 1.

SECTION VI.

ORDER FOR DETENTION.

3144. The order of the justices or of a magistrate sending a Requisites of child to a school shall be in writing signed by the justices or magistrate, and shall specify the name of the school.

order of detention.

from recep

school.

The school shall be some certified industrial school, (whether Obligations situated within the jurisdiction of the justices or magistrate resulting making the order or not,) the managers of which are willing to tion of a receive the child; and the reception of the child by the mana- child into a gers 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 the Legislature towards the custody and maintenance of the children detained in the school is discontinued, whichever shall first happen.

The school named in the order shall be presumed to be a certified industrial school until the contrary is shown.

religious

In determining on the school the justices or magistrate shall The school endeavor to ascertain the religious persuasion to which the shall be of the child belongs, and shall, if possible, select a school conducted in creed of the accordance with such religious persuasion, and the order shall child. specify such religious persuasion. 32 V., c. 17, s. 16.

fixed in order.

3145. The justices of the peace or magistrate, who make Term of dean order for the detention of any child in a certified industrial tention to be school, shall fix the term of his detention, which shall not, in any case, exceed three years, and shall state in the order the facts upon which such order is based, according to the provi- Contents of sions of this chapter, and annex to the said order the baptismal certificate of the child, unless it is impossible to procure it, and in the latter case the justices of the peace or the magistrate shall upon this point obtain the best possible proof. 47 V., c. 23, s. 2.

order, &c.

3146. If the father, step-father or tutor, or if there be no Remedy of father, step-father or tutor, then the sponsor or nearest adult parents, &c., relative, of a child sent or about to be sent to a certified indus

if school be

not of proper trial school which is not conducted in accordance with the relireligious gious persuasion to which the child belongs, state to the justices creed. or magistrate by whom the order of detention has been or is about to be made (or to two justices or a magistrate having the like jurisdiction) that he objects to the child being sent to or detained in the school specified or about to be specified in the order, and names another certified industrial school in the Province, which is conducted in accordance with the religious persuasion to which the child belongs, and signifies his desire that the child be sent thereto, then and in every such case the justices or magistrate shall, upon proof of such child's religious persuasion, comply with the request of the applicant, provided that the applicant show to the satisfaction of the justices or magistrate that the managers of the school named by him are willing to receive the child. 32 V., c. 17, s. 17.

The order

3147. The order of detention in a school shall be forwarded

the detention.

shall warrant to the managers of the school with the child, and shall be a sufficient warrant for the conveyance of the child thither and his detention there. 32 V., c. 17, s. 18.

The order shall prove itself.

Religious instruction of children.

3148. An instrument purporting to be an order of detention in a school and to be signed by two justices or a magistrate, or purporting to be a copy of such an order, and certified as such copy by the clerk of the justices or magistrate by whom the order was made, shall be evidence of the order. 32 V., c. 17, s. 20.

License may always be revoked.

SECTION VII.

MANAGEMENT OF SCHOOLS.

3149. A minister of the religious persuasion specified in the order of detention as that to which the child appears to the justices or magistrate to belong may visit the child at the school for the purpose of giving him religious instruction on such days and at such times as are, from time to time, fixed by regulations made by the Lieutenant-Governor. 32 V., c. 17, s. 21.

After 18

may be

3150. The managers of a school may, at any time, after months, child the expiration of eighteen months of the period of detention allotted to a child, by license under their hands, permit him to live with any trustworthy and respectable person named in the license, and willing to receive and take charge of him.

sed to live with some proper person. License to be renewable every three months.

Any license 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 period of the child's detention is expired.

Any such license may be also revoked at any time by the managers of the school by a writing under their hands, and, thereupon, the child to whom the license related may be

required by them, by a writing under their hands, to return to the school.

count as time

The time during which a child is absent from school in pur- Time under suance of a license shall, except where such license has been license to forfeited by his misconduct, be deemed to be part of the time of detention. of his detention in the school, and at the expiration of the time allowed by the license, he shall be taken back to the school.

A child escaping from the person with whom he is placed Escape from under a license, or refusing to return to the school on the revo- the person in charge deemcation of his license, or at the expiration of the time allowed ed escape thereby, shall be deemed to have escaped from the school. from school. 32 V., c. 17, s. 23.

ap

3151. The managers of a school inay, at any time after a How children child has been placed out on license as aforesaid, if he conducted may be placed himself well during his absence from the school, bind him, with prenticeship. 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. 32 V., c. 17. s. 24.

3152. The managers of a school may, from time to time, Managers make rules for the management and discipline of the school, may make not being inconsistent with the provisions of this chapter; but such rules shall not be enforced until they have been approved by the Lieutenant-Governor through the Provincial Secretary.

Such rules so approved shall not be altered without the like approval.

A printed copy of rules, purporting to be the rules of a school Evidence of approved, and to be signed by the inspector of industrial such rules. schools, shall be evidence of the rules of the school. 32 V., c. 17, s. 25.

3153. The directors may also hire out the children under Directors their care, either under indenture of apprenticeship or as may hire or place out the domestic servants; but such contract shall not stipulate that children any sum of money be paid either to the directors or the child, under their and shall guarantee to the master the gratuitous services of the care. child and to the latter, board, lodging and maintenance. 47 V., c. 23, s. 3.

tors chil

3154. During the whole time that the child shall remain, No money to under the permit of the directors of the school, in charge of the be paid direcperson to whom he was confided, or be placed in apprenticeship dren so placed by them, no sum of money shall be paid to them for the board out. and maintenance of such child. 47 V., c. 23 s. 3.

3155. The Lieutenant-Governor in Council may make upon Regulations this subject such regulations as he shall deem expedient, and for such purthe inspectors of prisons and asylums are authorized to put them into execution. 47 V., c. 23, s. 3.

pose.

3156. A certificate purporting to be signed by one of the Certificates of

managers to
be evidence

of their con-
tents.

Children in

certain cases may lodge out of the school.

Punishment of children for breach of rules.

Punishment for escape from school.

In certain cases child

CHARITABLE AND OTHER ASSOCIATIONS.

managers of a certified industrial school or by 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. 32 V., c. 17, s. 26.

3157. Provided that the managers teach, train, clothe and feed the child in the school as if he were lodging in the school itself, and that they report to the Lieutenant-Governor, in such manner as he thinks fit to require, every instance in which they exercise a discretion under this chapter, the managers of a school may permit a child sent there under this chapter to lodge at the dwelling of his father or of any trustworthy and respectable person. 32 V., c. 17, s. 22.

SECTION VIII.

BREACH OF RULES.

3158. If a child, being apparently above ten years of age, sent to a certified industrial school, and while detained there, whether lodging in the school itself or not, wilfully neglect or wilfully refuse to conform to the rules of the school, he shall be guilty of an offence against this chapter, and, on summary conviction thereof, before two justices or a magistrate, shall be liable to be imprisoned, for any time not less than fourteen days and not exceeding three months, and the justices or magistrate before whom he is convicted may direct him to be sent at the expiration of the term of his imprisonment to a certified reformatory school, and to be there detained subject and according to the provisions of section sixth of chapter first of title seventh of these Revised Statutes respecting reformatory schools. 32 V., c. 17, s. 27.

3159. If a child sent to a certified industrial school, and while detained there, and whether lodging in the school itself or not, escape from the school, or neglect to attend thereat, he shall be guilty of an offence against this chapter and may, at any time, before the expiration of his period of detention, be apprehended without warrant, and be then brought before the justice or magistrate having jurisdiction in the place or district where he is found,or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such justice or magistrate, to be brought back to the same school, at the expense of the managers of the school, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his committing the offence.

If the child charged with such an offence be apparently above ten years of age, then, on his summary conviction of the offence

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