THE ELEMENTARY EDUCATION (ORDERS)

ACT, 1874.

(37 & 38 VICT., c. 90.)

AN ACT TO DECLARE THE VALIDITY OF ORDERS OF THE EDUCATION DEPARTMENT WITH RESPECT ΤΟ UNITED SCHOOL DISTRICTS, AND TO MAKE BETTER PROVISION WITH RESPECT TO SUCH ORDERS.

[7th August, 1874.]

WHEREAS the Education Department, in pursuance of the Elementary Education Acts, 1870 and 1873, have made the orders mentioned in the schedule to this Act with respect to the united school districts mentioned in those orders:

And whereas, upon the application of a school board of one of the said united districts for a loan from the Public Works Loan Commissioners, doubts have been raised as to the validity of the said orders, or some of them, and the right of persons acting as members of a school board to act as such:

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 (Orders) Act, 1874."

Construction of Act.

2. This Act shall be construed as one with the Elementary Education Acts 1870 and 1873, which are in this Act referred to as the principal Acts.

Validity of Orders in Schedule.

3. The orders made in pursuance of the principal Acts by the Education Department, which are mentioned in the

schedule to this Act, shall be deemed to have been authorised by those Acts, and to have been duly made, and shall have full effect accordingly; and as respects each of the said orders the school district formed thereby shall be deemed to have been and to be legally formed; and any school board which has been or is acting as such in any such district shall be deemed to have been and to be a legally constituted school board; and any persons who have been or are acting as members of a school board in any such district shall be deemed to have been legally chosen, and to have formed and to form a legal school board; and on the retirement of all or any members of a school board in any such district, the vacancies may be filled up in the same manner in all respects as if such retiring members or member had been and were in all respects legally chosen members of a legally constituted school board.

Validity of future Orders.

4. From and after the passing of this Act the Education Department may, if they think fit, make orders directing that any school board, which at the date of any order for forming a united school district exists in any of the school districts constituting such united school district, shall either with or without any change in the existing members, or in the number of the members thereof, be the school board for the united school district.

THE ELEMENTARY EDUCATION ACT, 1876.

(39 & 40 VICT., c. 79.)

AN ACT TO MAKE FURTHER PROVISION FOR ELEMENTARY

EDUCATION.

[15th August, 1876.]

WHEREAS it is expedient to make further provision for the education of children, and for securing the fulfilment of parental responsibility in relation thereto, and otherwise to amend and to extend the Elementary Education Acts:

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 "Elementary Education Act, 1876."

Extent of Act.

2. This Act shall not, save as otherwise expressly provided, apply to Scotland or Ireland.

By sec. 53 it is provided that the provisions in this Act with respect to the conditions to be fulfilled by schools in order to obtain an annual parliamentary grant shall apply to Scotland.

Commencement of Act.

3. This Act shall, save as otherwise expressly provided, come into operation on the first day of January, one thousand eight hundred and seventy-seven (which day is in this Act referred to as the commencement of this Act).

The only provision which came into operation immediately, was that contained in sec. 44, with regard to elections to fill casual vacancies in school boards.

PART I.

LAW AS TO EMPLOYMENT AND EDUCATION OF CHILDREN.

Declaration of Duty of Parent to educate Child.

4. It shall be the duty of the parent of every child to cause such child to receive efficient elementary instruction in reading, writing, and arithmetic, and if such parent fail to perform such duty, he shall be liable to such orders and penalties as are provided by this Act.

Under the Education Act of 1870 (33 & 34 Vict., c. 75, sec. 74, ante), a school board may make bye-laws requiring the parents of children of such age, not less than five years nor more than thirteen years, as may be fixed by the bye-laws, to cause such children, unless there is some reasonable excuse, to attend school; but previously to the passing of the present Act there was no express statutory declaration as to the duty of a parent to cause his child to receive efficient elementary instruction. The word "child" is defined by sec. 48 as meaning a child between the ages of five and fourteen years.

Terms in this Act are, so far as is consistent with the tenor thereof, to have the same meaning as in the Elementary Education Acts, 1870 and 1873. The term "parent," therefore, "includes guardian and every person who is liable to maintain or has the actual custody of any child" (see 33 & 34 Vict., c. 75, sec. 3, ante). This definition includes the father and grandfather, and the mother and grandmother of a child, as by the 43 Eliz., c. 2, sec. 7, they are liable to maintain the child.

For provisions as to orders and penalties, see secs. 11, 12, and 37.

Regulation as to Employment of Child under 10, and Certificate of Education or previous School Attendance being Condition of Employment of Child over 10.

5. A person shall not, after the commencement of this Act, take into his employment (except as hereinafter in this Act mentioned) any child

(1.) Who is under the age of ten years; or

(2.) Who, being of the age of ten years or upwards, has not obtained such certificate either of his proficiency in reading, writing, and elementary arithmetic, or of previous due attendance at a certified efficient school, as is in this Act in that behalf mentioned,

unless such child, being of the age of ten years or upwards, is employed, and is attending school in accordance with the provisions of the Factory Acts, or of any bye-law of the local authority (hereinafter mentioned) made under section seventy-four of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1873, and this Act, and sanctioned by the Education Department.

The "commencement of this Act" is the 1st of January, 1877.

So far as regards the twelve months after the commencement of the Act (ie., the year ending the 31st of December, 1877), this enactment was to be read as if the words "the age of nine years" were substituted for the "age of ten years." A child who had attained the age of eleven years before the 1st of January, 1877, will not come within the operation of the section, and any child lawfully employed at the date of the passing of the Act (15th of August, 1876) may continue to be employed or may obtain fresh employment at another place as if this Act had not passed. (See sec. 51.)

Sec. 25 affords facilities for obtaining certified copies of the entries in the register of births for the purpose of this section. See also Regulations of the Education Department as to certificates of age in Appendix, pp. 470, 473.

As to the standards of proficiency in reading, writing, and elementary arithmetic, and of previous due attendance at a certified efficient school, for certificates under this Act, see sec. 24 and Rules 1, 2, and 3 in the first schedule. The Regulations which have been issued by the Education Department with reference to these certificates will be found in the Appendix, pp. 471-473.

The term "certified efficient school" is defined by sec. 48.

As to the definition of the term "Factory Acts," see sec. 48. The definition does not include the Acts as to mines, and consequently it would appear that children attending school in accordance with the provisions of those Acts will not come within the exceptions provided for by this section. As to the provisions of the Factory Acts, see p. 322.

With regard to bye-laws under the Elementary Education Acts, see sec. 74. of the 33 & 34 Vict., c. 75, ante, and secs. 21, 22, 23, and 50 of this Act.

The definition of the term "child" in sec. 48 limits the operation of this section to children under the age of fourteen years.

A parent who employs his child in any labour exercised by way of trade, or for the purposes of gain, is to be deemed for the purposes of this section to take the child into his employment (sec. 47).

The local authorities for enforcing the prohibitions as to the employment of children are provided for by secs. 7 and 33. As to penalties, see secs. 6, 9, 37, 39, 47, and 50.

Sec. 29 contains a provision with reference to the entry on premises for the purpose of ascertaining whether children are employed in contravention of the Act.

It is to be remembered in connection with this section that the bye-laws of a school board or other local authority as to school attendance will continue in force, notwithstanding they may be more stringent than this enactment. It would appear, therefore, that if a child who by the bye-laws of the district is