The Short Title of this Act is “The Industrial Schools Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings. 1882, No. 25, sec. 78

In this Act, if not inconsistent with the context,—

The schools mentioned in the Second Schedule hereto shall be deemed to be established under this Act as Government and private schools respectively, and shall be respectively known for the purposes of this Act by the names mentioned in the said Schedule.

The Minister may from time to time, at such place or places as he thinks fit, and also on any vessel acquired for the purpose, establish new Government schools by notice in the Gazette, and shall maintain all Government schools under this Act.

Any Government school hereafter established shall have an official name, which shall be specified in the said notice.

For the purposes of Government schools the Minister may from time to time acquire by purchase or lease, or by taking the same under “The Public Works Act, 1908,” as for a public work, such pieces or parcels of land, either with or without buildings, and erect such buildings or premises thereon, as he thinks necessary, and may also acquire by purchase, charter, or otherwise such vessels as he deems necessary:

Provided that land or buildings used as a private or local school shall not be acquired as aforesaid except with the approval of the Governor in Council.

All lands, buildings, premises, and vessels acquired as aforesaid shall be vested in His Majesty for such estate or interest as is acquired therein.

The power of making reserves of Crown lands conferred upon the Governor by “The Land Act, 1908,” shall be deemed to include the power of making reserves for sites for Government schools; provided that no such site shall exceed one hundred acres in area.

Every Government school shall be provided, out of moneys to be appropriated for that purpose by Parliament, with such furniture, utensils, tools of trade, appliances, or fittings as the Minister thinks necessary to carry on the proper and efficient teaching of the inmates thereof; and any vessel acquired as aforesaid may, out of such moneys, be rigged, fitted up, and provided with such nautical appliances, rigging, and tackle as may be expedient for the proper and efficient instruction of the inmates thereof in seamanship and navigation.

The Minister may from time to time appoint fit and proper persons to be officers, teachers, and servants in Government schools, and such other persons as he thinks necessary to perform the several duties by this Act required to be performed in regard to Government schools, and some person shall be in like manner appointed to be manager of each Government school.

If any institution now or hereafter existing in New Zealand, but not established under this Act, is approved by the Minister for the purposes of this Act, and is by notice in the Gazette, signed or purporting to be signed by the Minister, declared to be a local school or a private school, as the case may be, then, until such approval is withdrawn by a like notice, the same shall be deemed to be established as a local or private school within the meaning of this Act, according to the tenor of the notice of approval, and shall be known by such name as is therein mentioned, and shall be subject in all respects to the provisions of this Act in so far as they relate to local schools or private schools:

Provided that no institution the managing body of which is in its management interfered with or controlled by any society outside New Zealand shall be approved by the Minister as a local or private school, nor shall any such institution be established under this Act as a local or private school.

If any school heretofore or hereafter approved by the Minister as a local or private school is supported for any one or more than one religious denomination exclusively, no child shall be sent to the same unless he belongs to such denomination, or to one of such denominations if more than one; and in the case of every such school hereafter approved, the notice approving the same shall state the denomination or denominations, if any, for which the same is supported.

The Minister may at the time of approving any school, or at any time or times thereafter, enter into such agreement with the persons or bodies having control of such school as to the terms or conditions on which such approval is given, either as to cost or otherwise, as he thinks fit, and may from time to time vary, or alter, or annul such agreement, or make a new agreement in lieu thereof.

Notice in the Gazette, signed or purporting to be signed by the Minister, that any school has been established or approved as aforesaid for the purposes of this Act shall for all purposes be sufficient evidence of the existence of such school, and that it has been duly established under this Act.

No person shall be permitted to act as manager of a local or private school within the meaning of this Act until the approval of the Minister has been obtained.

The Minister may from time to time, by notice in the Gazette, abolish any Government school, or declare that any private school mentioned in the Second Schedule hereto shall, from and after a date to be mentioned in the notice, no longer be a private school within the meaning of this Act, or may withdraw his approval from any school formerly approved by him, and thenceforth the same shall cease to be a school within the meaning of this Act.

Upon such abolition or withdrawal of approval the Minister shall have full power to sell, in such manner, at such times, and on such terms in all respects as he thinks fit, any land, buildings, premises, vessels, or other property whatsoever vested in His Majesty for the purposes of the school so abolished, or of which the approval has been withdrawn as aforesaid.

The moneys received on any such sale, after paying the expenses thereof, shall be paid into the Public Account and form part of the Consolidated Fund.

Any document or assurance necessary for vesting any real or personal property sold under this section in the purchaser thereof may be executed by the Governor in the name and on behalf of His Majesty.

When a Government school is abolished, or any private school mentioned in the Second Schedule hereto is declared to be no longer a school within the meaning of this Act, or the approval of any local or private school is withdrawn as aforesaid, the inmates detained therein shall, by order of the Governor, be either transferred to some other school or discharged.

In the case of private or local schools which receive grants of public money the Minister may at any time, without any further authority than this Act, withdraw from any such school the whole or any of the inmates thereof in any case where he is of opinion that the management of the school is unsatisfactory, or where the reports in connection with the school indicate that an unsatisfactory condition of affairs exists.

The inmates so withdrawn shall be transferred by the Minister to some other school or schools.

The manager for the time being of the school to which any such inmate is transferred under this section shall have and may exercise in respect of such inmate all the powers of guardianship theretofore exercisable under this Act by the manager of the school from which the inmate was transferred.

Any constable who finds a child answering to one or other of the descriptions following, that is to say,—

may immediately, without any warrant, take such child before the nearest available Magistrate, to be dealt with according to this Act.

On the complaint on oath of any constable that a child is such a child as described in this section, a Magistrate may issue a warrant to cause such child to be brought before him on a day to be named therein.

Any parent having a child whom he is unable to control, and wishing him to be sent to a school, may, without any warrant, take such child before the nearest available Magistrate, and if he proves to the satisfaction of the Magistrate that he is unable to control such child, and gives security to the satisfaction of the Magistrate for the payment of the maintenance of such child, the Magistrate may make an order as mentioned in the next succeeding section.

Whenever a child is brought before a Magistrate under either of the two last preceding sections such Magistrate may, after inquiry and the hearing of such evidence as may be adduced before him, make an order in the prescribed form directing such child to be sent forthwith to a school.

On the hearing of any proceedings under either of the said sections the Magistrate may order that all persons shall be excluded from the Court:

Provided that such order shall not operate to exclude any counsel, solicitor, constable, witness, parent or guardian, or accredited newspaper representative, or the representative of any institution or organization interested in the welfare of children.

Whenever a child is accused or convicted of any offence punishable by imprisonment or some less punishment, and the Judge or Magistrate dealing with the case is of opinion, regard being had to the child’s age or circumstances, that the child ought to be sent to a school, then the Judge or Magistrate may, in addition to the sentence imposed on the child if convicted, order the child to be sent at the expiration of such sentence to a school; or in lieu of passing such sentence, or in the case of a child so accused as aforesaid whether the child is convicted or not, may order such child to be sent to a school:

Provided that such order shall not be included in, or form any part of, the judgment or adjudication passed upon such child, but shall be a distinct and collateral proceeding.

Where a child has been convicted by two or more Justices of any offence punishable by imprisonment, an order as mentioned in the last preceding section may be made at any time subsequently to such conviction by any Magistrate on the recommendation of the convicting Justices, or on the application of any respectable person.

Any Judge or Magistrate shall, when making any order under section nineteen, twenty, or twenty-one hereof, in his own discretion, fix the age of the child, after hearing such evidence as may be adduced before him at the time of making the order, and shall specify the same in the order, and such order shall also specify the school to which the child is to be sent.

The Clerk or Registrar of the Court in which any order under section nineteen, twenty, or twenty-one hereof is issued as aforesaid shall, immediately upon the issue of the same, forward a true copy thereof to the Minister; and if from any cause he fails to do so he shall be liable to a fine not exceeding ten pounds.

Any child may be admitted as an inmate of any school upon such terms as to cost of maintenance and education and otherwise as may be agreed upon between the parent of such child and the manager of such school, or between any such manager and any person authorised by the Governor or any local body to act as a Relieving Officer for the purposes of this Act.

The Governor may, if he thinks fit, order that any person under the age of eighteen who has been sentenced to imprisonment shall, either in lieu of or after serving his term of imprisonment or any part thereof, become an inmate within the meaning of this Act, and such order shall be obeyed accordingly.

Such order shall specify the particular school of which such person shall become an inmate.

The guardianship of every inmate detained in a school, except an inmate admitted under section twenty-four hereof, shall be vested in the manager for the time being of the school where such inmate is for the time being detained.

In the case of an inmate who is licensed out or apprenticed as hereinafter provided, or who has been licensed out or apprenticed under any enactment mentioned in the First Schedule hereto, or who has attained the age of sixteen years, such guardianship shall be vested in the manager for the time being of the school where such inmate was last detained, or of which he becomes an inmate under the last preceding section.

Any guardianship created under this section shall last until the person over whom such guardianship is exercised has attained the age of twenty-one years, or is discharged, whichever first happens.

Every manager, as such guardian as aforesaid, shall have all and singular the powers and authorities over the person over whom such guardianship is exercised which a guardian of the person of an infant appointed by the Supreme Court would have.

The parent of any child over whom such guardianship is exercised shall, so long as such guardianship is exercised, wholly cease to have any legal control or guardianship over such child.

The Governor may at any time make an order transferring the guardianship of any inmate from the manager in whom it is then vested under this Act to such person as the Governor by such order appoints; and such transferee shall have all the powers conferred upon managers by the last preceding section.

When any school is abolished as hereinbefore provided, or any private school mentioned in the Second Schedule hereto is declared to be no longer a school under this Act, or the approval of the Minister is withdrawn from any local or private school, as before mentioned, the Minister may appoint the manager for the time being of some other school to exercise all the powers of guardianship vested in the manager of the school so abolished, or declared to be no longer a school, or from which approval has been so withdrawn, and thereupon such manager so appointed shall have and may exercise the said powers.

Notwithstanding anything herein contained, the Governor may, at any time during the detention of any inmate under this Act, order the discharge of such inmate from the school in which he is detained, and thereupon he shall wholly cease to be an inmate within the meaning of this Act; or the Governor may order any such inmate to be transferred from one school to any other school.

The whole cost of the conduct and management of all Government schools, and all other costs and expenses whatsoever relating to the maintenance and education of children being inmates of Government schools, and all other costs and expenses connected with or incidental to the administration of this Act, or to the exercise of any of the powers hereby conferred on the Governor, or the Minister, or other public officer, shall be paid out of moneys appropriated by Parliament for the purpose, but without prejudice to the provisions hereof requiring parents or others to contribute towards the support of inmates.

The parent of every inmate shall, if of sufficient ability so to do, contribute to the support of such inmate such sum as he is ordered to pay by any Judge or Magistrate as hereinafter provided.

The Judge or Magistrate, at the time of making an order under section nineteen, twenty, or twenty-one hereof, shall, if the parent of such child is then before him, make an order in the prescribed form directing such parent to pay eight shillings a week towards the maintenance and education of such child, unless such parent clearly proves to his satisfaction that he is unable to pay so much, in which case the order may be for the payment of any less sum than eight shillings a week, unless such parent clearly proves to the satisfaction of the Magistrate that he is unable to pay any sum whatever.

An order may be made under this section against the putative father of an illegitimate child against whom an order for the support of such child has been made, but so that he shall not have, by an order under this section, to pay a greater sum in the whole than that remaining unpaid under the said order for support; and any order made against such putative father under this section shall, to the extent of the payments thereby ordered to be made by him, discharge him from liability under the said order for support.

The manager being the guardian of any inmate, or any person appointed by the Minister for the purpose, either generally or for any particular case, may apply to a Magistrate for a summons in the prescribed form to be served on the parent of such inmate for the purpose of obtaining contribution towards the maintenance and education of such inmate.

On the return of such summons the Magistrate shall proceed to hear the same, and he shall thereupon make an order in the prescribed form for the payment of such weekly sum or sums as he thinks fit in respect of the past or future maintenance, or of both past and future maintenance, of such child, subject to the same provisions as to the amount of the same as if such parent had been before him at the committal of the said child as mentioned in the last preceding section:

Provided that in the case of past maintenance the order shall specify the total amount payable and the rate (not exceeding eight shillings a week) at which it is to be paid.

Any Magistrate may, on the application of any parent, or of the manager for the time being the guardian of the inmate for whose maintenance the contribution is payable, or on the application of any person appointed by the Minister for the purpose, either generally or for any particular case, at any time while any order made under section thirty-three or thirty-four hereof continues in force, make further inquiry into such parent’s ability to contribute as aforesaid, and, by order in the prescribed form, may remit or lessen the amount of the weekly payments adjudged by the then existing order, or increase the same if he sees cause so to do, and such remission, lessening, or increase may also apply to any period prior to the making of such application; but the amount shall not in any case be such that a parent shall be compelled to pay in the whole a larger sum than at the rate of eight shillings for every week for which such inmate has been or may be detained.

Wherever it appears to any Magistrate that any money payable under any order made under this Act has not been paid, he may issue his warrant of distress for the purpose of levying the same, and all proceedings may be had under “The Justices of the Peace Act, 1908,” for the enforcement of any such order as if it were for a fine adjudged on a conviction; and any form of warrant under that Act may be altered to suit the circumstances of any case under this section.

In lieu of issuing such warrant of distress, or after issuing the same, if the moneys thereby authorised to be levied or any part thereof have not been paid in conformity with the order made in that behalf under this Act, any Magistrate, on application by the manager for the time being the guardian of the inmate in respect of whose maintenance and education such moneys are payable, or on the application of any person authorised by the Minister in that behalf, either generally or for any particular case, may order that any moneys then due, or thereafter becoming due, to the person against whom such first-mentioned order was made, whether in payment for his personal services or in respect of the sale or letting of any real or personal property, or by gift, bequest, or in any other way whatsoever, shall, in whole or in part, up to the amount then unpaid under the said first-mentioned order, immediately or as soon as they become payable be paid to the person who under this Act is entitled to receive the moneys payable under such order.

An order made under this section shall, to the extent of the moneys thereby ordered to be paid, be a sufficient discharge to the person required to pay the same in respect of the debt on account of which they are payable.

If the person by whom such moneys are payable does not pay the same in accordance with the order, then such moneys may be recovered from him as a debt in any Court of competent jurisdiction by the persons entitled to receive the same as above mentioned.

If any inmate is or becomes at any time entitled to any real or personal property in New Zealand, or to any interest therein, whether the same is vested in such inmate or in any trustee in his behalf, or otherwise howsoever, then and in such case, and whether or not any order for contribution to the support of such inmate has been made, and whether or not the moneys payable under any such order (if made) have been duly paid, the following provisions shall apply:—

Public Trustee to take possession and convert into money.

Application of proceeds.

Nothing in this section shall prevent an order towards the maintenance and support of any such inmate being made against any person who would otherwise be liable, or affect the amount of such order, or prevent the enforcing of such order or of any like order already made.

All moneys received under any such order shall be applied either in satisfaction pro tanto of the moneys payable by the Public Trustee as aforesaid, or otherwise in payment of the inmate’s past or current maintenance, as the Minister directs.

Out of any such moneys paid by the Public Trustee for the past maintenance of any inmate there shall be paid by the Minister of Finance to every local authority or Charitable Aid Board which has contributed towards the cost of such maintenance one-half of the amount of such contribution.

All moneys payable by parents under orders made under section thirty-three, thirty-four, or thirty-five hereof, or by local bodies or otherwise under the provisions of this Act, in respect of inmates, or as the products of the labour of inmates, shall be paid to the manager for the time being the guardian of the inmate in respect of whom such moneys are payable, or to such other person as may be appointed by the Minister either generally or for any particular case to collect moneys payable, and shall by such manager or other person, with all convenient speed, be paid into the Public Account and shall form part of the Consolidated Fund.

The Governor may from time to time, by Order in Council gazetted, make regulations—

Such regulations may, according to the tenor of the Order in Council, apply either to all schools, or the inmates thereof, or to all Government schools, or all local and private schools, or the inmates thereof respectively, or to some particular school or schools, of whatever class, or the inmates thereof:

Provided that in the case of any local or private school for which no such regulations are made, the regulations for the time being in force relating to Government schools shall extend and apply to such school in like manner as if it were a Government school.

No such regulations shall be repugnant to or inconsistent with this Act, or shall authorise the infliction of any corporal punishment except such as may be lawfully inflicted by schoolmasters.

A copy of all such regulations shall, within ten days after the gazetting thereof, be laid before Parliament if sitting, and, if not, then within ten days after the commencement of the next ensuing session.

The Minister may from time to time appoint one or more persons to be Inspectors of Industrial Schools, to inspect the same according to regulations made as aforesaid.

Subject to regulations made as aforesaid, the following persons shall at all times be entitled to visit any Government or local school, and shall be admitted accordingly, that is to say:—

Members of local authorities and of Charitable Aid Boards or Education Boards have also a right to visit any local school, and shall be admitted accordingly.

The following persons shall at all times be entitled to visit any private school, and shall be admitted accordingly, that is to say:—

Subject to regulations made as aforesaid, all ministers of religion shall have admission to every school in which any of the inmates belong to the particular denomination to which such ministers respectively belong, and shall have access to such of the inmates thereof as belong to their respective denominations, and may give instruction to them on the days and at the times appointed by such regulations for the religious education of the inmates belonging to their particular denominations respectively.

Every person who is entitled under this Act to visit any school, and every minister of religion, may inscribe in a book (to be provided and kept in such school by the manager) any remarks or observations he thinks fit to make touching the school, its managers, officers, teachers, servants, or inmates.

The Governor or any Judge or Magistrate shall, when ordering any child to be sent to a school, state to what religious denomination such child in his opinion belongs, and shall order and direct that such child shall be brought up and educated in that denomination:

Provided that the father or mother of any inmate, or, in the case of an orphan inmate, any adult person being the parent within the meaning of this Act of such orphan inmate, may apply to any Magistrate to change, alter, or vary the religious education in which such child is then being brought up or educated to that of any other denomination, and thereupon such Magistrate may make such order as he thinks fit.

The Governor or any Judge or Magistrate when ordering any child to be sent to a school, and the Minister when licensing out any inmate, except as a servant, shall, in fixing the school to which such child is to be sent, or the person to whom such inmate is to be licensed, have regard to and comply with all the provisions of this Act as to religious education, and also to any regulations with respect to the classification of inmates.

Notwithstanding anything hereinbefore contained, the Minister may, subject to the regulations hereunder, license in the prescribed form any inmate to reside with some person willing and qualified to receive, take charge of, provide for, maintain, and educate such inmate, and so that the person so receiving such inmate shall be paid for the maintenance and education of such inmate at a rate not exceeding ten shillings a week, or shall be entitled to the services of such inmate in lieu of pay, or shall pay wages for his services, and generally upon such terms and conditions in all respects as may be prescribed, or as may be specially agreed on between the Minister and the person receiving such inmate:

Provided that the Minister shall not make payment for the maintenance and education of any such inmate whose age exceeds fourteen years, and that no such license shall be of force after the inmate has attained the age of twenty-one years:

Provided also that, if an inmate licensed out under this section, and being under the age of fourteen years, has not reached the standard of education prescribed by regulations under section one hundred and fifty of “The Education Act, 1908,” it shall be part of the terms on which he is so licensed out that he shall have reasonable opportunity of continuing his education until he has attained the age of fourteen years.

The Minister may at any time during the term for which an inmate is so licensed out require such inmate to return to the school in which he was last detained, unless he has been previously discharged as aforesaid.

All wages payable to or in respect of any inmate licensed out or apprenticed as provided by this Act or by any enactment mentioned in the First Schedule hereto shall be paid to the manager who is for the time being the guardian of such inmate.

The manager shall pay thereout all moneys necessary for the maintenance and education of the inmate, and shall deposit the residue in a trust account in the Post-Office Savings-Bank.

Such deposit shall be made by the manager to an account in his official name only, and such account shall in the books of the Savings-Bank be headed or referred to as “The Earnings of,” naming the inmate.

On the application of the manager for the time being, countersigned by the Minister, or by some person authorised by him, either generally or for any particular case, the whole or any part of the moneys so deposited may at any time, and from time to time, be withdrawn from the Savings-Bank, and paid, at the absolute discretion of the Minister, either to such inmate or to him after he has ceased to be an inmate, or into the Public Account as part of the Consolidated Fund.

Any inmate licensed out as aforesaid who absconds from the person named in the license during the term mentioned in such license, or neglects or refuses to return to the said school at the expiration of the said term or when required as aforesaid, shall be held to have absconded from the said school.

Where any male inmate being of the age of fourteen years at least desires or is thought suited for being apprenticed to the sea service, the manager of the school in which he is detained may, with the consent of the Minister, apprentice such inmate to the master or owner of any British ship trading to or registered at any port in New Zealand, and such apprenticeship shall be for such period of years as may be agreed upon, but so that no such apprenticeship shall be made to last beyond the time when such inmate will attain the age of twenty-one years.

The manager who is the guardian for the time being of any inmate, or other his guardian for the time being as hereinbefore mentioned, may, with the consent of the Minister, apprentice such inmate to some trade or calling with such person as may be thought fit and proper for that purpose, or to some art or trade to which Part II of “The Master and Apprentice Act, 1908,” for the time being extends, with a master under that Act:

Provided that no such inmate shall be apprenticed under the age of twelve years, nor for a term extending beyond five years from the date of his apprenticeship, nor beyond the age of twenty-one years.

No inmate shall be apprenticed under this Act unless he has passed the standard of education hereinbefore mentioned, or has attained the age of fourteen years.

Every indenture of apprenticeship made under this Act shall be in such form as the Minister approves, or as is prescribed, and shall be executed by the manager for the time being the guardian of such inmate, or other his guardian for the time being as hereinbefore mentioned, and by the inmate and the person to whom the inmate is to be bound, and such binding shall be as valid as if such inmate were of full age and had bound himself.

Sections nine and ten of “The Master and Apprentice Act, 1908,” when applied to inmates apprenticed under this Act, shall be read as requiring the consent of the Minister instead of that of two Justices, as mentioned therein, in relation to the assignment, transfer, or discharge of apprentices.

The Minister, if from any cause whatsoever it seems desirable or expedient to him so to do, may, on the application either of the master or of the apprenticed inmate, requesting him to discharge such apprenticed inmate, inquire into the matter of such application, and either grant or refuse the same; and if he grants such application he shall issue an order accordingly in the prescribed form, and every such order shall release and discharge the said master and apprenticed inmate respectively from the said apprenticeship, and from every stipulation and agreement incident thereto.

If an apprenticed inmate is guilty of any gross misconduct in the service to which he is hound, then, on complaint being made to any Magistrate, and on notice to the manager who is the guardian for the time being of such apprenticed inmate or other his guardian for the time being, such Magistrate may, by certificate under his hand, discharge such apprenticed inmate from such service, and such apprenticed inmate may, either in addition to being discharged or without being discharged as aforesaid, on the order of such Magistrate, be imprisoned with or without hard labour for any term not exceeding one month.

If the manager of any school, or any officer, teacher, or servant thereof, negligently or voluntarily permits any inmate thereof to escape therefrom, every such offender shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

If any inmate absconds from any school, or wilfully destroys or damages any real or personal property belonging to the school, or wilfully neglects or refuses to obey or conform to any regulations relating to the school, he shall, on conviction thereof in a summary manner before a Magistrate, be ordered by the Magistrate to be sent back to the school in which he was detained, or to which he neglected or refused to return as mentioned in section fifty-one hereof, there to be punished in such manner as may be prescribed.

If such inmate is a male, and the school is a Government school, then, in addition to such punishment, he shall be liable at the discretion of the Magistrate to be privately whipped in such manner as the Magistrate directs.

Nothing herein shall prevent regulations being made hereunder prescribing punishment by managers, without conviction before a Magistrate, for inmates committing ordinary breaches of school discipline:

Provided that it shall not be lawful for the manager of, or for any person in authority or employed in, any school to confine any inmate in any dark room for any offence whatsoever; and no inmate of any such school shall, as a punishment for insubordination or other misconduct, or for any breach of the rules, be placed on a bread-and-water diet for a longer period than twenty-four hours; and every manager or other person who commits a breach of this provision-is liable to a fine of not less than five pounds and not exceeding fifty pounds.

If the inmate convicted under the last preceding section is an inmate of a private or local school, the following special provisions shall apply:—

Any inmate absconding from a school may be immediately apprehended, without a warrant, by any constable, and forthwith taken back to the school from which he has absconded, or forthwith taken before any neighbouring Magistrate to be dealt with according to law.

Every person who directly or indirectly withdraws from any school any inmate thereof, or counsels or induces him to abscond therefrom or from licensed service before he has been regularly discharged, or who, knowing any such inmate to have been withdrawn or to have absconded from any school or licensed service, harbours or conceals or assists in harbouring or concealing such inmate, or prevents him from returning to such school or service, is liable on summary conviction to a fine not exceeding ten pounds.

Every person who without lawful authority or excuse holds or attempts to hold any communication with any inmate of any school, or enters any such school, or any building or yard belonging thereto, and does not depart therefrom when required so to do by the manager or other officer or servant of such school, is liable on summary conviction to a fine not exceeding twenty pounds.

Any Magistrate may from time to time vary or cancel any order made by him under this Act which is erroneous either in form or in substance, and, if necessary, may make a new order in substitution of any order so cancelled.

Notwithstanding anything herein, any Magistrate may at any time inquire, in a summary way, into any allegation of disobedience by any person of any order made under this Act, and may for that purpose summon and examine all proper parties and witnesses, and may inflict upon such person a fine not exceeding fifty pounds.

No penalty or punishment suffered by any person in consequence of the failure to comply with any order made under this Act shall operate as an extinguishment of the debt or liability under such order.

In any subsequent proceedings against any such person in respect of such debt or liability, the costs and expenses of any previous orders or warrants made or issued in connection therewith, including the expenses of conveying such person to or from the place of hearing, may be recovered in the same manner as if such costs and expenses had formed part of the. original debt or liability, and may be added thereto.

Every information, conviction, order, or warrant under this Act shall be deemed valid and sufficient if the matter therein dealt with is set forth in the words of this Act, and no conviction, order, or warrant shall be held void by reason of any defect therein:

Provided it is alleged in such conviction, order, or warrant that the person therein dealt with had been adjudged to have done the act or acts therein referred to and which brought him within the scope of this Act, or otherwise that such conviction, order, or warrant was lawfully made or issued under this Act.

Every order issued under this Act authorising the detention of a child shall be executed and obeyed by the person to whom the same is directed or delivered, and shall be sufficient authority for the detention of the child therein mentioned, according to the terms thereof; and the production thereof, accompanied by a statement signed by the manager of any school that the child named in such order was duly received into and is at the signing thereof detained in such school, or has been otherwise dealt with according to law, shall, in all proceedings whatsoever, be sufficient evidence of the facts required by this Act to be stated in such order, or of the subsequent detention or identity of the child named therein, until the contrary is proved.

In any action for anything done in obedience to such order as aforesaid by any person to whom the same is directed, or by any other person by his authority or command, it shall be sufficient for the defendant to justify under such order alone, without setting forth the previous proceedings, in like manner as any Sheriff can and may justify under any writ of execution out of the Supreme Court in any civil action, and proof of the matters alleged shall be sufficient evidence in support of such plea.

No fee or reward whatsoever shall be demanded or taken by any officer of the Supreme Court, or District Court, or Magistrate’s Court for any matter or thing done in any of the said Courts, or by or before a Judge thereof or a Magistrate, in pursuance of this Act.

Section one hundred and sixty-eight of “The Crimes Act, 1908,” shall apply to any person to whom any inmate is apprenticed hereunder, and also to any person with whom any inmate is licensed to reside hereunder, and the penalty imposed thereby is also hereby imposed for a neglect by such person to perform any part of the agreement entered into by him respecting such inmate.

“The Justices of the Peace Act, 1908,” shall apply to all offences, payments, and orders in respect of which jurisdiction is given by this Act to a Magistrate or to Justices, or which are by this Act directed to be prosecuted, enforced, or made in a summary manner or on summary conviction.

No summons, notice, or order made for the purpose of carrying the provisions of this Act into effect shall be invalidated for want of form only; and the prescribed form or forms to the like effect may be used in the cases to which they refer, with such variations as circumstances require, and when so used shall be deemed sufficient.

Where power is by this Act given to do anything, it shall imply, unless the context shows that it was not so intended, that such power is capable of being exercised from time to time as occasion may require; and in the case of appointments it shall include the power of suspending or removing persons from the office to which they were appointed, as often as occasion may require, and of making ex officio appointments, and, in the case of authorising any person, shall include the power of withdrawing the authority and of conferring it ex officio.