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Elementary Education (Industrial Schools) Act 1879

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Elementary Education (Industrial Schools) Act 1879

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[page 234]

CHAPTER 48.

An Act to amend the Law respecting the Powers of School Boards in relation to Industrial Schools.

[11th August 1879]

33 & 34 Vict. c. 75. s. 28. 36 & 37 Vict. c. 86. s. 10., and 39 & 40 Vict. c. 79.

WHEREAS under the Elementary Education Acts 1870 to 1873, and the Elementary Education Act, 1876, a school board have power, with the consent of one of Her Majesty's Principal Secretaries of State, to establish, build, and maintain industrial schools, and to spread the payment of the expense of such establishment and building over a number of years not exceeding fifty and to borrow money for that purpose:

And whereas a school board, under the said Acts, have the same power as is given to a prison authority by Section twelve of

29 & 30 Vict. c. 118. s. 12.

the Industrial Schools Act, 1866, to contribute money towards the alteration, enlargement, or rebuilding of an industrial school, or towards the establishment or building of an industrial school, or towards the purchase of land required the use or for the site of an industrial school:

35 & 36 Vict. c. 21. 29 & 30 Vict. c. 118. s. 12.

And whereas under the Reformatory and Industrial Schools Act Amendment Act, 1872, section twelve of the Industrial Schools Act, 1866, is extended to authorise the prison authority themselves to undertake anything towards which they are authorised by that section to contribute:

And whereas doubts have arisen whether a school board have power to undertake themselves anything towards which they are


[page 235]

authorised as above mentioned to contribute or have power to spread the payment of the amount of any such contribution or of the cost of any such undertaking over a number of years, and to borrow money for that purpose, and it is expedient to remove such doubts:

Be it therefore 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:

Short title.

1. This Act may be cited as the Elementary Education (Industrial Schools) Act, 1879.

33 & 34 Vict. c. 75. 36 & 37 Vict. c. 86. 39 & 40 Vict. c. 79.

This Act and the Elementary Education Acts, 1870 and 1873, and the Elementary Education Act, 1876, may be cited together as the Elementary Education Acts, 1870 to 1879.

Extension to school board of 29 & 30 Vict. c. 118. 33 & 34 Vict. c. 75. 36 & 37 Vict. c. 86. 39 & 40 Vict. c. 75.

2. A school board shall have power themselves to undertake anything towards which they are authorised by the Industrial Schools Act, 1866, as applied by the Elementary Education Acts, 1870 and 1873, and the Elementary Education Act, 1876, or any of them, subject nevertheless to the like consent as is required in the case of any such contribution.

Power of school board to borrow for contribution towards, or undertaking cost of enlarging, &c., an industrial school.

3. Where a school board resolve to contribute any sum of money towards, or to undertake the cost of the alteration, or enlargement, or rebuilding, but not of the furnishing of an industrial school, or the establishment or building, but not of the furnishing of a school intended to be an industrial school, or the purchase of land required either for the use of an existing industrial school, or for the site of a school intended to be an industrial school, such board, with the consent of one of Her Majesty's Principal Secretaries of State, shall have the same power of spreading the payment of sums so contributed, or of the cost of such undertaking, over a number of years, and of borrowing money for that purpose, as they have in the case where they resolve to establish an industrial school; and the provisions of

33 & 34 Vict. c. 75. 36 & 37 Vict. c. 86. 39 & 40 Vict. c. 79. 38 & 39 Vict. c. 89.

the Elementary Education Acts, 1870 and 1873, and the Elementary Education Act, 1876, and the Public Works Loans Act, 1875, shall apply accordingly.

For the purposes of this Act an industrial school means a certified industrial school and a certified day industrial school.

Power of guardians to contribute to maintenance of child in industrial school.

4. Where a child is ordered upon complaint made by a school attendance committee to be sent to a certified industrial school, the council, guardians, or sanitary authority appointing such committee shall have, on the recommendation of the committee, the same power of contributing toward the maintenance of such child in the said school as if they were a school board, and the contribution by such guardians shall require the like consent as is required under section thirty-one of

39 & 40 Vict. c. 79. s. 31.

the Elementary Education Act, 1876, to any other expense incurred by a school attendance committee.

The expenses of any such contribution shall be paid in like manner as the expenses of the school attendance committee, on whose recommendation the contribution is made, are paid in pursuance of

39 & 40 Vict. c. 79.

the Elementary Education Act, 1876.