that consequently a local committee appointed by a school attendance committee will have no authority in the matter.

When bye-laws have been made, it will be the duty of the school board or school attendance committee, as the case may be, to enforce them. No legal proceedings for non-attendance or irregular attendance at school are, however, to be commenced by a person appointed to carry out the bye-laws, except by the direction of not less than two members of the school board or school attendance committee (39 & 40 Vict., c. 79, secs. 23, 38).

The bye-laws made previously to the date when the Act came into operation, or subsequently, if otherwise valid, will not be rendered invalid by reason of their being more stringent than the provisions of the Act of 1876; and when any act, neglect, or default is punishable under that Act, and also under a bye-law for the time being in force, the proceedings may be instituted either under the Act or the byelaw, so that proceedings be instituted under one enactment or bye-law only in respect of the same offence (39 & 40 Vict., c. 79, sec. 50).

When bye-laws made by a school attendance committee have been approved by the Education Department, and confirmed by an order in council, they will continue in force even if a school board be appointed, except so far as they may subsequently be revoked or altered (39 & 40 Vict., c. 79, secs. 33, 36). The same rule will apply in cases where the school attendance committee appointed by the guardians have made bye-laws for a parish, and a school attendance committee are subsequently appointed for the parish by an urban sanitary authority (sec. 33).

School Attendance.-Direct Compulsion.-School Attendance

Orders.

In any case in which the parent of a child between the ages of five and fourteen years, who under the Act of 1876 is prohibited from being taken into full time employment (see p. 41), habitually and without "reasonable excuse" neglects to provide efficient elementary education for the child, and

in any case in which a child within the limits of the age. referred to is found habitually wandering, or not under proper control, or in the company of rogues, vagabonds, disorderly persons, or reputed criminals, it will be the duty of the local authority, i.e., the school board or the school attendance committee, as the case may be, after due warning to the parent, to complain to a Court of Summary Jurisdiction. The court, if satisfied of the truth of the complaint, will be empowered to make an order termed an " attendance order," requiring that the child shall attend such "certified efficient school" willing to receive him as the parent may select, and in the event of the parent not making a selection, such public elementary school as the court may think expedient. The school which the child is to attend is to be named in the order, and the child is to attend such school every time that it is open, or in such other regular manner as the order may specify (39 & 40 Vict., c. 79, sec. 11).

It will be observed that the court may direct that the child shall attend some "certified efficient school." This term includes not only a public elementary school but any elementary school which is not conducted for private profit, provided the following conditions are fulfilled: (1) That it is open at all reasonable times to the inspection of Her Majesty's Inspector of Schools; (2) that like attendance as in a public elementary school is required of the scholars; (3) that such registers of attendance as are from time to time prescribed by the Education Department are duly kept; and (4) that it is certified by the Education Department to be an efficient school.

For the purpose of this section either of the following reasons is to be deemed a "reasonable excuse:" (1) That there is not within two miles, measured according to the nearest road, from the residence of the child any public elementary school open which the child can attend, or (2) that the absence of the child from school has been caused by sickness or any unavoidable cause.

When an attendance order is not complied with, and there is no "reasonable excuse" for the non-attendance of the child at school, the local authority may make complaint to a

Court of Summary Jurisdiction. In a first case of noncompliance, if the parent fails to satisfy the court that he has used all reasonable efforts to ensure the child's attendance at school in accordance with the order, a penalty may be imposed, but the penalty, with the costs, is not to exceed five shillings. If, however, the parent satisfies the court that all reasonable efforts have been made by him to enforce compliance with the order, the court may, without inflicting a penalty, order the child to be sent to a "certified day industrial school" (see p. 48), or if it appears that there is no such school suitable for the child, then to a certified industrial school.

In the second or any subsequent case of non-compliance with an attendance order, the court may order the child to be sent to a certified day industrial school, or, where there is no suitable school of that character, to a certified industrial school, and, in addition, impose a penalty on the parent, subject to the limit as to amount above referred to; or if they think fit, they may for each case of non-compliance inflict this penalty without ordering the child to be sent to an industrial school.

A complaint under this section with respect to a continuing non-compliance with an attendance order is not, however, to be repeated by the local authority at any less interval than two weeks.

Children sent to certified industrial schools or certified day industrial schools under this enactment are to be sent in like manner as if they were sent under the Industrial Schools Acts, and they are to be deemed to be sent in pursuance of those Acts.

The parent of a child sent to an industrial school or certified day industrial school will, therefore, be liable to contribute to the cost of the maintenance and training of the child, as in cases under the Industrial Schools Acts (39 & 40 Vict., c. 79, sec. 12). With regard to other provisions as to the contributions of parents, see p. 49.

Indirect compulsion as regards attendance at school is proposed to be secured by imposing restrictions on the em

ployment of children, except when they have attained a certain standard of proficiency in reading, writing, and arithmetic, or have obtained a certificate of previous due attendance at school, and also by making the attendance at school of the children of paupers a condition of relief being given out of the workhouse.

Attendance at School.-Indirect Compulsion.-Restrictions of Employment of Children.

Between the 1st January and 31st December, 1877, no person was to take into his employment any child who was under the age of nine years, or any child between the ages of nine and fourteen years, who had not obtained a certificate, as prescribed by the Act, of proficiency in reading, writing, and elementary arithmetic, or of previous due attendance at a certified efficient school (see 39 & 40 Vict., c. 79, Sched. 1), unless the child was employed and was attending school in accordance with the provisions of the Factory Acts, or of a bye-law of a school board or school attendance committee.

From the 1st January, 1878, this restriction as to the employment of children is modified, and no person is to take into his employment a child under the age of ten years, or any child between the ages of ten and fourteen. years, who has not obtained a certificate of proficiency or of due attendance at a public elementary school, as above. referred to, unless the child is employed and attending school in accordance with the Factory Acts or a bye-law (39 & 40 Vict., c. 79, sec. 5).

These provisions do not, however, apply to any child who had attained the age of eleven years before the 1st January, 1877, and a child lawfully employed at the date of the passing of the Act (15th August, 1876) may continue to be employed, or may obtain fresh employment at another place in the same manner as if the Act had not passed (39 & 40 Vict., c. 79, sec. 51).

There are certain other exceptions to the provisions above referred to. A person is not to be deemed to have taken a child into employment within the meaning of the Act if it is

proved (1) that during the employment there is not within two miles, measured according to the nearest road, from the résidence of the child, any public elementary school open which the child can attend; (2) that the employment, by reason of being during the school holidays, or during hours when the school is not open or otherwise does not interfere with the efficient elementary instruction of the child, and that the child obtains such instruction by regular attendance for full time at a certified efficient school, or in some other equally efficient manner; (3) that the employment is exempted by a notice of the school board or school attendance committee, as the case may be. The exemption by the local authority thus provided for may apply to the employment of children above the age of eight years for the necessary operations of husbandry and the ingathering of crops for a certain period to be specified in the notice. The period or periods so named by the local authority are not to exceed, in the whole, six weeks between the 1st of January and the 31st of December in any year. Copies of any notices under this provision are to be sent to the Education Department, and to the overseers of each parish within the jurisdiction of the local authority, and the overseers are to cause copies to be affixed on the church and chapel doors (39 & 40 Vict., c. 79, sec. 9).

66

The employment of a child by his parent will be an employment" within the terms of the Act if the employment is in any labour exercised by way of trade or for the purposes of gain (39 & 40 Vict., c. 79, sec. 47).

If there is reasonable cause to believe that a child is employed in any place in contravention of the Act, a justice of the peace may make an order empowering an officer of the local authority to enter the place at any reasonable time within forty-eight hours and examine the place and any person found therein, as to the employment of any child there. A person refusing admission to the officer, or obstructing him in the discharge of his duty, will for each offence be liable to a penalty not exceeding 207. (39 & 40 Vict., c. 79, sec. 29).

A person who takes a child into his employment in contra