Government Board, been empowered to subscribe towards any association or society for aiding girls and boys in service, or towards any other asylum or institution which appears to the Guardians to be calculated to render useful aid in the administration of the relief of the poor.* M.A.B.Y.S. As regards servants placed out by the Guardians, the Metro- The politan Association for Befriending Young Servants, Buckingham Street, Strand, W.C., is of the greatest use. The Local Government Board thus refer to it in their last Annual Report+:-' As we mentioned in our last Report, a considerable proportion of the girls who go from the Poor Law Schools of the Metropolis into domestic service are placed by the Guardians under the supervision of the Metropolitan Association for Befriending Young Servants. In the report of the Association for the year 1887 it is stated that the number of girls supervised by the Association during the year was 2,326, and of these it appears that 2,073 were from District and Separate Poor Law Schools of the Metropolis. Of the 2,326 girls referred to, 916 are classed as very good," 782 as fairly good," 219 as "unsatisfactory," and 48 as "bad." As regards the remaining 361, it is stated that eight are dead, 42 were unfit for service, 17 refused to be visited, 68 were lost sight of or not traced; the rest are accounted for as having emigrated, married, or returned to their relatives, or as being in training homes, or in service too short a time to be reported on.' 66 The almoner is strongly recommended, in dealing with the many cases in which assistance can be given by way of training for service or obtaining a place for an elder daughter, to co-operate with such societies as the M.A.B.Y.S. For assisting children, then, as these six sections indicate, the Guardians have almost unlimited powers. A seventh has to be added their power to pay school fees at public elementary schools. XXXVI.-POOR LAW PROVISION FOR CHILDREN: PAYMENT OF SCHOOL FEES. school fees (7) A parent who is not a pauper, but who is unable by reason of Payment of poverty to pay the ordinary fee for any child between the ages of by the 5 and 14, at a public elementary school, may apply to the Guar Guardians. dians; and if satisfied of such inability it is their duty to pay the fee 'not exceeding threepence a week or such part thereof as he is, in the opinion of the Guardians, so unable to pay.' The parent does not lose the franchise or become in any way disqualified by receiving this relief. He may select the public elementary school *42 & 43 Vict., c. 54, s. 10 (see p. lxxxi.). Liabilities of masters and servants. The prevention of 'baby farming.' to which he will send his child. The relief may be given by way of loan. Thus, if the parent can do everything for his children except pay for their schooling, he can, without any drawback whatever on his part, have their schooling paid for. Before considering the part which charity should take in dealing with the cases of widows, we may refer to the liabilities of masters, and the supervision which the Guardians exercise over servants and apprentices. The survey of the powers in this department will then be complete. XXXVII.-PROTECTION OF INFANTS AND YOUNG PEOPLE: LIABILITY OF MASTERS. Besides the provision made for the supervision and care of apprentices or servants placed out by the Guardians, there are some general provisions, greatly strengthened by recent legislation, for the prevention and punishment of neglect in the cases of infants, children, and young persons. The almoner will very likely come across some such cases. Any person legally liable as master or mistress to provide necessary food, clothing, lodging, to an apprentice or servant who shall wilfully and without lawful excuse refuse or neglect to do so, or shall unlawfully and maliciously do or cause to be done any bodily harm so as to endanger his life or injure his health, is liable, on conviction, to three years' penal servitude or imprisonment for any term not exceeding two years, with or without hard labour.* If complaint be made to two justices of any such neglect as this, or of any bodily injury inflicted on any person under 16, the circumstances of which amount to a felony, or the attempt to commit a felony, they may require the Guardians to prosecute; and the Guardians will 'pay the costs reasonably and properly incurred by them out of the common fund of the Union.' † There is another legal provision worthy of note in this connection. No person may retain or receive for hire or reward more than one infant, and in case of twins more than two infants, under the age of one year, for the purpose of nursing or maintaining them apart from their parents for a longer period than 24 hours, except in a registered house.‡ The Act does not extend to relations or guardians, nor to public institutions, etc. The local authority (in London the County Council) are empowered, after careful inquiry as to fitness, to register houses and persons for the above purpose (registration gratis-renewable annually), and from time to time to make bye† 24 & 25 Vict., c. 100, s. 73. * 24 & 25 Vict., c. 100, s. 26 35 & 36 Vict., c. 38. laws for fixing the number of infants which may be received into each such house. It has been the practice in London to make a special bye-law upon each individual application. Offenders are liable to six months' imprisonment with hard labour, or a fine of £5. When, on the trial of any offence under the Criminal Law Amendment Act 1885, it is proved to the satisfaction of the Court that the seduction or prostitution of any girl under the age of 16 has been caused, encouraged, or favoured by her father, mother, guardian, master, or mistress, the Court may divest such person of all authority over her, and appoint a guardian for her until she is 21, and appoint, if necessary, a new guardian from time to time.* But during the present session of Parliament (1889) has been passed the most stringent Act for the punishment for ill-treatment and neglect of children.† The principal clauses in it are as follows: 1. Any person over 16 years of age, who, having the custody, control, or charge of a child, being a boy under the age of 14 years, or being a girl under the age of 16 years, wilfully ill-treats, neglects, abandons, or exposes such child, or causes or procures such child to be ill-treated, neglected, abandoned, or exposed, in a manner likely to cause such child unnecessary suffering, or injury to its health, shall be guilty of a misdemeanour, and on conviction thereof on indictment, shall be liable, at the discretion of the court, to a fine not exceeding £100, or alternatively, or in default of payment of such fine, or in addition to payment thereof, to imprisonment, with or without hard labour, for any term not exceeding two years, and on conviction thereof by a court of summary jurisdiction, in manner provided by the Summary Jurisdiction Acts, shall be liable, at the discretion of the court, to a fine not exceeding £25, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding three months. Punishment for ill-treatment and neglect of children. increase fine where 2. If it be proved that a person convicted on indictment as aforesaid, was Power to interested in any sum of money accruable or payable in the event of the death of the child, and had knowledge that such sum of money was accruing or becoming payable, the court may, in its discretion, increase the amount of the said fine, so that the fine shall not exceed £200. 3. Any person who(a) Causes or procures any child, being a boy under the age of 14 years, or being a girl under the age of 16 years, to be in any street § for the purpose of begging or receiving alms, or of inducing the giving of alms, whether under the pretence of singing, playing, performing, offering anything for sale or otherwise; or (b) Causes or procures any child, being a boy under the age of 14 years, or being a girl under the age of 16 years, to be in any street, or in any premises licensed for the sale of intoxicating liquor, other than premises licensed according to law for public entertainments, for the purpose of singing, playing, or performing for profit, or offering anything for sale, between 10 p.m. and 5 a.m.; ¶ or (c) Causes or procures any child, under the age of 10 years, to be at any time in any street, or in any premises licensed for the sale of any intoxicating liquor, Act for the Prevention of Cruelty to and Protection of Children (52 & 53 Vict. c. 44). Summary Jurisdiction Act, 1879. S'Street' includes any highway or public place, whether a thoroughfare or not. Cf. Limitations on the employment of children, p. lxxxiv. offender interested in death of child. Restrictions ment of children. on employ Taking of offender into Disposal of or in premises licensed according to law for public entertainment, for the purpose of singing, playing, or performing for profit, or offering anything for sale, 'Shall, on conviction thereof by a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts, be liable, at the discretion of the court, to a fine not exceeding £25, or alternatively, or in default of payment of the said fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding three months. Provided that any local authority may, if they think it necessary or desirable so to do, from time to time by bye-law, extend or restrict the hours mentioned in sub-section (b) of this section, either on every day, or on any specified day or days of the week, and either as to the whole of the district, or as to any specified area therein. * 'Provided also, that in the case of any entertainment or series of entertainments to take place in premises licensed according to law for public entertainments, when it is shown to the satisfaction of a stipendiary magistrate or petty sessional court, or in Scotland the sheriff or the sheriff's substitute, that proper provision has been made to secure the health and kind treatment of any children proposed to be employed thereat, it shall be lawful for the said court, anything in this Act notwithstanding, to order that any child exceeding seven years of age, of whose fitness to take part in such entertainment or series of entertainments without injury the said court is satisfied, be permitted to take part in such entertainment or series of entertainments, and such order may at any time be varied, added to, or rescinded by the said court upon sufficient cause being shown; and such order shall be sufficient protection to all persons acting under or in accordance with the same. 4. Any constable may take into custody without warrant any person who within view of such constable commits an offence under this Act, where the name and residence of such person are unknown to such constable and cannot be ascertained by such constable; and any constable may take to a place of safety+ any child in respect of whom an offence under section I or sub-section (a) of section 2 of this Act has been committed, and the child may there be detained until it can be brought before a court of summary jurisdiction, and such court may cause the child to be dealt with as circumstances may admit and require until the charge made against any person in respect of the said offence has been determined by the committal for trial, or conviction, or discharge of such person. Where a constable arrests any person without warrant in pursuance of this section, the inspector or constable in charge of the station to which such person is conveyed shall, unless in his belief the release of such person on bail would tend to defeat the ends of justice, or to cause injury or danger to the child against whom the offence is alleged to have been committed, release the person arrested on his entering into such a recognisance, with or without sureties, as may in his judgment be required to secure the attendance of such person upon the hearing of the charge. 5.-(1) Where a person, having the custody or control of a child, being a boy under the age of 14, or a girl under the age of 16 years, has been (a) convicted of committing in respect of such child an offence under section 1 of this Act, or any offence involving bodily injury to the child and punishable with penal servitude; or (b) committed for trialt for any such offence; or (c) bound over to keep the peace towards such child, any person may bring such child before a court of summary jurisdiction, and the court, if satisfied on inquiry that it is expedient so to deal with the child, may order that the child be taken out of the custody of such person and committed to the charge of a relation of the child, or some other fit person named by the court, * The expression "local authority" means, as regards any borough in England, the Council of the borough; as regards the City of London, the Common Council; as regards the County of London, the County Council; as regards any other place in England, the urban or rural sanitary authority. . . .' +Place of safety "includes a workhouse and any place certified by the local authority by bye-law under this Act for the purposes of this Act.' 666 Committed for trial" means, as regards England, committed for trial or admitted to bail in manner provided in the Indictable Offences Act, 1848. such relation or other person being willing to undertake such charge until it attains the age of 14 years, or in the case of a girl 16 years, or in either case for any shorter period, and may of his own motion or on the application of any person from time to time renew, vary, and revoke any such order: Provided that no order shall be made under this section unless a parent of the child is under committal for trial for having been or has been proved to have been party or privy to the offence, or has been bound over to keep the peace towards such child. (2) Any person to whom a child is so committed shall, whilst the order is in force, have the like control over the child as if he were its parent, and shall be responsible for its maintenance, and the child shall continue under the control of such person, notwithstanding that it is claimed by its parent; and any court having power so to commit a child shall have power to make the like orders on the parent of the child to contribute to its maintenance during such period as aforesaid as if the child were detained under the Industrial Schools Acts,† and such orders may be made on the complaint or application of the person to whom the child is for the time being committed, and the sums contributed by the parent shall be paid to such person as the court may name, and be applied for the maintenance of the child.' In appointing a fit person to take charge of the child, one of the same religious persuasion as the child is to be selected. 6 (3) One of Her Majesty's Principal Secretaries of State in England, and in Scotland the Secretary for Scotland, and in Ireland the Lord Lieutenant of Ireland, may at any time in his discretion discharge a child from the custody of any person to whom it is committed, in pursuance of this section, either absolutely or on such conditions as such Secretary of State or Lord Lieutenant approves, and may, if he shall think fit, from time to time make, alter, or revoke rules in relation to children so committed to any person, and to the duties of such persons with respect to such children.' An exceptional power of search is allowed on order of a justice of the peace. Thus, '6.-(1) If it appears to any justice of the peace, on information made before Power of him on oath by any person who, in the opinion of the justice, is bonâ fide acting search. in the interest of any child, that there is reasonable cause to suspect that such child, being a boy under the age of 14 years, or a girl under the age of 16 years, has been or is being ill-treated or neglected in any place within the jurisdiction of such justice in a manner likely to cause the child unnecessary suffering or to be injurious to its health, such justice may issue a warrant authorising any person named therein to search for such child, and if it is found to have been or to be ill-treated or neglected in manner aforesaid, to take it to and detain it in a place of safety until it can be brought before a court of summary jurisdiction; and the court before whom the child is brought may cause it to be dealt with in the manner provided by section 3. (2) The justice of the peace issuing such warrant may by the same warrant cause any person accused of any offence in respect of the child to be apprehended and brought before a justice, and proceedings to be taken for punishing such person according to law. (3) Any person authorised by warrant under this section to search for any child may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove the child therefrom. (4) Provided always, that every warrant issued under this section shall be addressed to and executed by some superintendent, inspector, or other superior officer of police, who shall be accompanied by the person making the information, if such person so desire, unless the justice otherwise directs, and may also, if the justice so directs, be accompanied by a registered medical practitioner. *By this Act, as in the Factory Act," "parent," when used in relation to a child, includes guardian and every person who is by law liable to maintain the child.' "Industrial Schools Acts" means, as regards England and Scotland, the Industrial Schools Act, 1866, and the Acts amending the same or any Act of the present or future session of Parliament repealing that Act and re-enacting the provisions thereof, with or without modifications." |