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The Average Number of Scholars in attendance will be found by dividing the total number of attendances by the total number of school meetings.

SCHOOLMASTER OR SCHOOLMISTRESS,

Examined on behalf of the Guardians,

{Clerk

Clerk to the Guardians [or to the
Board of Management].

Given under the Seal of Office of the Local Government Board, this Third day of April, in the year One thousand eight hundred and seventy-eight.

JOHN LAMBERT,

Secretary.

G. SCLATER-BOOTH,

President.

An order to the like effect has since been issued to the Board of Management of the Metropolitan Asylums District with reference to the Trainingship Exmouth.

CERTIFIED DAY INDUSTRIAL SCHOOLS.

ORDER IN COUNCIL.

AT the Court at Windsor, the 20th day of March, 1877.

PRESENT,

The QUEEN'S Most Excellent Majesty in Council.

WHEREAS, by the 16th section of the Elementary Education Act, 1876, it is enacted as follows:

If a Secretary of State is satisfied that, owing to the circumstances of any class of population in any school district, a school in which industrial training, elementary education, and one or more meals a day, but not lodging, are provided for the children, is necessary or expedient for the proper training and control of the children of such class, he may, in like manner as under the Industrial Schools Act, 1866, certify any such school (in this Act referred to as a day industrial school) in the neighbourhood of the said population to be a certified day industrial school.

It shall be lawful for Her Majesty from time to time, by Order in Council, to apply to a certified day industrial school the provisions of the Industrial Schools Act, 1866, and the Acts amending the same, with such modifications as appear to Her Majesty to be necessary or proper for adapting such provisions to a day industrial school, and bringing them into conformity with this Act; and such Order may provide that a child may be punished for an offence by being sent to a certified industrial, in lieu of a certified reformatory, school, or may otherwise mitigate any punishment imposed by the said Act.

It shall be lawful for Her Majesty from time to time, by Order in Council, to revoke and vary any Order in Council made under this section.

Every such order shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the beginning of the then next session of Parliament, and while in force shall have effect as if it were enacted in this Act. Now, therefore, in pursuance of the above-mentioned Act, Her Majesty is pleased, by and with the advice of Her Most Honourable Privy Council, to order that the following provisions, being modified provisions of the Industrial Schools Act, 1866, and the Acts amending the same, shall apply to certified day industrial schools:

Extent of Order.

1. This Order shall not extend to Scotland or Ireland.

CONSTITUTION OF CERTIFIED DAY INDUSTRIAL SCHOOLS.

Description of Day Industrial Schools and Managers (29 & 30 Vict.,
c. 118, s. 5).

2. A day industrial school within this Order shall mean a school in which industrial training, elementary education, and one or more meals a day, but not lodging, are provided for the children.

The persons for the time being having the management or control of such a school shall be deemed the managers thereof for the purposes of this Order.

Inspector of Day Industrial Schools and Assistants (29 & 30 Vict., c. 118, s. 6).

3. The person who for the time being is inspector of industrial schools under the Industrial Schools Act, 1866, shall be also the inspector of day industrial schools.

The Secretary of State may from time to time appoint a fit person or persons to assist the inspector; and every person so appointed shall have such of the powers and duties of the inspector of day industrial schools as the Secretary of State from time to time prescribes, but shall act under the direction of the inspector.

Mode of Certifying Day Industrial School (29 & 30 Vict., c. 118, s. 7).

4. The Secretary of State may, on the application of the managers of a day industrial school, direct the inspector of day industrial schools to ascertain whether such school is in the neighbourhood of any class of population in any school district the circumstances of which class are such that a day industrial school is necessary or expedient for the proper training and control of the children belonging to such class, and to examine into the condition of the school with respect to which the application is made, and its fitness for the reception of children to be sent there under this Order, and to report to him thereon, and the inspector shall examine and report accordingly.'

If satisfied with the report of the inspector, the Secretary of State may, by writing under his hand, certify that the school is fit for the reception of children under this Order, and thereupon the school shall be deemed a certified day industrial school.

School not to be Certified Day Industrial School and also a Certified Industrial School or Reformatory (29 & 30 Vict., c. 118, s. 8).

5. A school shall not be at the same time a certified day industrial school under this Order, and a certified industrial school under the Industrial Schools Act, 1866, or any other Act, or a certified reformatory school.

1 For instructions and regulations issued by the Secretary of State with reference to applications for certificates for day industrial schools, see p. 553.

Notices of Certificate to be Gazetted.

Copy of Gazette to be Evidence (29 & 30 Vict., c. 118, s. 9).

6. A notice of the grant of such certificate shall within one month be inserted by order of the Secretary of State in the "London Gazette."

A copy of the Gazette containing the notice shall be conclusive evidence of the grant, which may also be proved by the certificate itself, or by an instrument purporting to be a copy of the certificate, and attested as such by the inspector of day industrial schools.

Inspection of School (29 & 30 Vict., c. 118, s. 10).

7. Every certified day industrial school shall from time to time, and at least once in each year, be inspected by the inspector of day industrial schools, or by a person appointed to assist him as aforesaid.

Alterations, &c., of Buildings to be Approved (29 & 30 Vict., c. 118, s. 11).

8. No substantial addition or alteration shall be made to or in the buildings of any certified day industrial school without the approval in writing of the Secretary of State.

Powers of Prison Authority.

9. Whereas it is enacted, by the 16th section of the Elementary Education Act, 1876, that a prison authority within the meaning of the Industrial Schools Act, 1866, shall have the same powers in relation to a certified day industrial school as they have in relation to a certified industrial school:

It is hereby declared that a prison authority shall have the following powers:

Power to Undertake or Contribute towards Establishment or Maintenance of School (29 & 30 Vict., c. 118, s. 27; 35 & 36 Vict., c. 21, s. 7).

(a.) A prison authority may from time to time either themselves undertake or contribute such sums of money on such conditions as they think fit, towards the alteration, enlargement, or rebuilding of a certified day industrial school or the support of the inmates of such a school, or the management of such a school, or the establishment or building of a school intended to be a certified day industrial school, or the purchase of land required either for the use of an existing certified day industrial school, or for the site of a school intended to be a certified day industrial school. Provided,

First, that not less than two months' previous notice of the intention of the prison authority, at a time and place to be mentioned in such notice, to take into consideration the entering into such undertaking or the making of such contribution, be given by advertisement in some one or more public newspaper or newspapers circulated within the jurisdiction of the prison authority, and also in the manner in which notices

relating to business to be transacted by the prison authority are usually given :

Secondly, that where the prison authority is the council of a borough, the order for the undertaking or contribution be made at a special meeting of the council:

Thirdly, that where the undertaking or contribution is for alteration, enlargement, rebuilding, establishment, or building of a school or intended school, or for purchase of land, the approval of the Secretary of State be previously given for that alteration, enlargement, rebuilding, establishment, building, or purchase.

Expenses of Prison Authority how Defrayed (29 & 30 Vict., c. 118, s. 50). (b.) Expenses incurred by a prison authority in carrying into effect the provisions of this Order may be deemed expenses incurred by that authority in carrying into effect the provisions of the Prison Act, 1865, and may be defrayed accordingly.

Power to Borrow Money for Purposes of Day Industrial Schools
(37 & 38 Vict., c. 47, s. 2).

(c.) Any prison authority may, with the approval of one of Her Majesty's Principal Secretaries of State, borrow money for the purpose of defraying the expense of any such undertaking or contribution on the part of such prison authority as is authorised by this Order with respect to altering, enlarging, rebuilding, establishing, building, or purchasing the site of any day industrial school.

Charge of Borrowed Moneys (37 & 38 Vict., c. 47 s. 3).

Any moneys borrowed by a prison authority under this Order may be charged by that authority on any county rate, or rate in the nature of a county rate, borough rate, or other rate applicable to the maintenance of a prison and leviable by that authority, or on any other property belonging to that authority and applicable to the same purpose as the said rates, and shall be repaid, together with the interest due thereon, out of such rates or other property.

Certain Clauses of 10 & 11 Vict., c. 16, as to Borrowing Money Incorporated (37 & 38 Vict., c. 47, s. 4; 35 & 36 Vict., c. 21, s. 8).

The clauses of "The Commissioners Clauses Act, 1847," with the exception of the eighty-fourth clause with respect to mortgages to be created by the Commissioners, shall form part of and be incorporated with this Order, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver.

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