Sections 13-17. Provision as to byelaws. 38 & 39 Vict. c. 55. 30 & 31 Vict. c. 101. 41 & 42 Vict. c. 52. Act not to take away right of parent, &c., to administer punishment. Saving for proceedings under other laws. Sections 8, 11 not to apply to Scotland. Definitions. 27 & 28 Vict. c. 53. 44 & 45 Vict. c. 33. 14 & 15 Vict. c. 93. 42 & 43 Vict. c. 49. 13. Every byelaw under this Act shall be subject- 3. In Ireland to section two hundred and twenty-one of the Public 14. Nothing in this Act contained shall be construed to take away or affect the right of any parent, teacher, or other person having the lawful control or charge of a child to administer punishment to such child. 15. Where an offence against this Act is also punishable under any other Act, or at common law, it may be prosecuted and punished either under this Act, or under the other Act, or at common law, so that no person be punished twice for the same offence. 16. Sections eight and eleven of this Act shall not apply to Scotland. 17. In this Act The expression " Summary Jurisdiction Acts means (a) As regards England, the Summary Jurisdiction (English) Acts; and The expression" Court of Summary Jurisdiction " (a) As regards England, has the same meaning as in the Summary Jurisdiction Act, 1879; and (b) As regards Scotland, means the sheriff, or sheriff substitute; and (c) As regards Ireland, means any justice or justices of the peace, police magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to. The expression" Petty Sessional Court (a) As regards England, has the same meaning as in the Summary Jurisdiction Act, 1879; (b) As regards Scotland and Ireland, has the same meaning as the expression" Court of Summary Jurisdiction "as above defined. The expression "street" includes any highway or other public place, whether a thoroughfare or not; The expression "place of safety" includes a workhouse and any place certified by the local authority by byelaw under this Act for the purposes of this Act; The expression" parent when used in relation to a child includes Section 17-19. guardian and every person who is by law liable to maintain The expression "committed for trial" means, as regards England or Ireland, committed to prison or admitted to bail in manner The expression" Industrial School Acts" means c. 42. 14 & 15 Vict. c. 93. c. 118. (a) As regards England and Scotland, the Industrial Schools Act, 29 & 30 Vict. (b) As regards Ireland, the Industrial Schools Act (Ireland), 1868, 31 & 32 Vict. c. 25. The expression" local authority" means, as regards any borough The expression "Lord Lieutenant includes Lords Justices or The expression" misdemeanour " means crime and offence; The expression "justice of the peace substitute; means sheriff or sheriff The expression" workhouse means poor-house. c. 52. 18. Section thirty-seven of the Poor Law Amendment Act, 1868, Repeal of is hereby repealed, Provided that such appeal shall not affect (a) Anything duly done or suffered under the enactment hereby (b) Any penalty, forfeiture, or punishment incurred under any and any such legal proceeding may be instituted and carried on, and 31 & 32 Vict. c. 122, s. 37. 19. This Act may be cited as the Prevention of Cruelty to, and short title. Protection of, Children Act, 1889. Sections 1-7 Offences and penalties. Offences by agents or workmen and by parents. Section 1. Punishment for cruelty to children. EMPLOYMENT OF CHILDREN ACT, 1903. (Summary only-the complete Act should be consulted.) 4. General provisions as to byelaws; sub-sec. 6 repealed by 4 Edw. VII. c. 15. 5. (1) Employing child or other person under the age of sixteen. years in contravention of this Act or of any byelaw under this Act. Penalty not exceeding 40s. first offence; second or subsequent offence not exceeding £5. (2) If any parent or guardian of a child or other person under the age of sixteen has conduced to the commission of the alleged offence by wilful default, or by habitually neglecting to exercise due care, he shall by liable on summary conviction to the like fine. (3) If any person under the age of sixteen contravenes any byelaw as to street trading, liable to fine not exceeding 20s., and in case of a second or subsequent offence, if a child, to be sent to an industrial school, and if not a child to a fine not exceeding £5. (4) In lieu of sending child to an industrial school the court may order the child to be taken out of the charge of the person who has charge of the child and place it in charge of a fit person who is willing to undertake the same until the child reaches the age of sixteen years. 6. (1) Offence committed by agent or workman of the employer liable to a penalty as if he were the employer. (2) Forged certificate or false representation by parent as to age, penalty not exceeding 40s. 7. Complaint to be made within three months. 11. Repealed by 4 Edw. VII. c. 15. 13. Definitions, "child" under fourteen years, &c. 16. (2) Local authority," urban and county councils. PREVENTION OF CRUELTY TO CHILDREN [4 Enw. VII. CH. 15.] An Act to amend the Law relating to the Prevention of Cruelty to Children. [15th August 1904. BE it enacted by the King'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: Cruelty to Children. 1. (1) If any person over the age of sixteen years, who has the custody, charge, or care of any child under the age of sixteen years, wilfully assaults, ill-treats, neglects, abandons, or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, (a) This Act has been partly repealed by the Children's Act, 1908. For extent of repeal see page 635. abandoned, or exposed in a manner likely to cause such child un- Sections!, 2 necessary suffering, or injury to its health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanour; and (a) on conviction on indictment, shall be liable, at the discretion of the court, to a fine not exceeding one hundred pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding two years; and (b) on summary conviction, shall be liable, at the discretion of the court, to a fine not exceeding twenty-five pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding six months. (2) A person may be convicted of an offence under this section either on indictment or by a court of summary jurisdiction notwithstanding the death of the child in respect of whom the offence is committed. (3) Upon the trial of any person over the age of sixteen indicted for the manslaughter of a child under the age of sixteen, of which he has had the custody, charge, or care, it shall be lawful for the jury, if they are satisfied that the accused has been guilty of an offence under this section in respect of such child, to find the accused guilty of such offence. (4) If it is proved that a person indicted under this section was directly or indirectly interested in any sum of money accruable or payable in the event of the death of the child, and had knowledge that such sum of money was accruing or becoming payable, the court, in its discretion, may— (a) increase the amount of the fine under this section so that the fine does not exceed two hundred pounds; or (b) in lieu of awarding any other penalty under this section, sentence the person indicted to penal servitude for any term not exceeding five years. (5) A person shall be deemed to be directly or indirectly interested in a sum of money under this section if he has any share in or any benefit from the payment of that money, though he is not a person to whom it is legally payable. (6) A copy of a policy of insurance, certified by an officer or agent of the insurance company granting the policy, to be a true copy, shall, in any proceedings under this Act, be primâ facie evidence that the child therein stated to be insured has been in fact so insured, and that the person in whose favour the said policy has been granted is the person to whom the money thereby insured is legally payable. (7) An offence under this section is in this Act referred to as an offence of cruelty. Restrictions on Employment of Children. Restrictions ment of 2. If any person— (a) causes or procures any child, being a boy under the age of on employfourteen years, or being a girl under the age of sixteen years, children. or, having the custody, charge, or care of any such child, allows that child, to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms, whether under the pretence of singing, playing, performing, offering anything for sale, or otherwise; or Sections 2, 3. Licences for employment of children. 3 Edw. VII. c. 45. (b) causes or procures any child, being a boy under the age of fourteen years, or being a girl under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child, to be in any street, or in any premises licensed for the sale of any intoxicating liquor, other than premises licensed according to law for public entertainments, for the purpose of singing, playing, or performing, or being exhibited for profit, or offering anything for sale, between nine P.M. and six A.M.; or (c) causes or procures any child under the age of eleven years, or, having the custody, charge, or care of any such child, allows that child, to be at any time in any street, or in any premises licensed for the sale of any intoxicating liquor, or in premises licensed according to law for public entertainments, or in any circus or other place of public amusement to which the public are admitted by payment, for the purpose of singing, playing, or performing, or being exhibited for profit, or offering anything for sale; or (d) causes or procures any child under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child, to be in any place for the purpose of being trained as an acrobat, contortionist, or circus performer, or of being trained for any exhibition or performance which in its nature is dangerous, that person shall, on summary conviction, be liable, at the discretion. of the court, to a fine not exceeding twenty-five pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labour, for any term not exceeding three months: Provided that (i.) This section shall not apply in the case of any occasional sale or entertainment the net proceeds of which are wholly applied for the benefit of any school or to any charitable object, if such sale or entertainment is held elsewhere than in premises which are licensed for the sale of any intoxicating liquor but not licensed according to law for public entertainments, or if, in the case of a sale or entertainment held in any such premises as aforesaid, a special exemption from the provisions of this section has been granted in writing under the hands of two justices of the peace; and (ii.) Any local authority may, if they think it necessary or desirable so to do, from time to time by byelaw extend or restrict the hours mentioned in paragraph (b) of this section, either on every day or on any specified day or days of the week and either as to the whole of their district or as to any specified area therein; and (iii.) Paragraphs (c) and (d) of this section shall not apply in any case in respect of which a licence granted under this Act is in force, so far as that licence extends. 3.-(1) A petty sessional court, or in Scotland the School Board, may, notwithstanding anything in this Act, or in the Employment of Children Act, 1903, or any byelaw made thereunder, grant a licence for such time and during such hours of the day and subject to such |