THE CHILDREN ACT, 1908, AND VAGRANTS.

Section 14 (Part II.) of the Children Act, 1908, provides:—

"(1) If any person causes or procures any child or young person or, having the custody or care of a child or young person, allows that child or young person to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise, that person shall on summary conviction be liable to a fine not exceeding £25, 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.

"(2) If a person having the custody, charge, or care of a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed him to be in the street, premises, or place for that purpose unless the contrary is proved."

The Act (Section 20), also empowers a constable or any person authorised by a justice to take to a place of safety any child or young person in respect of whom an offence of the kind has been, or there is reason to believe has been, committed, and (Section 21) where a person having the custody, charge, or care of a child or young person has been convicted of committing such an offence in respect of a child or young person, or committed for trial for such offence, a Court of Summary Jurisdiction may order the child or young person to be committed to the care of a relative or other fit person until the age of sixteen years, or for a shorter period, and (Section 22) may make an order for maintenance during such period on the parent of or other person liable to maintain the child or young person, up to the limit of £1 weekly.

Section 118 of the Act provides:—

"(1) If a person habitually wanders from place to place, and takes with him any child above the age of five, he shall, unless he proves that the child is totally exempted from school attendance, or that the child is not, by being so taken with him, prevented from receiving efficient elementary education, be liable on summary conviction to a fine not exceeding, with costs, 20s., and shall, for the purposes of the provisions of this Act relating to the descriptions of children who may be sent to a certified industrial school, be deemed not to be exercising proper guardianship over the child;[91] provided that this provision shall not apply to a child in a canal boat for whose education provision is made under the Canal Boats Act, 1877, as amended by any subsequent enactment.

"(2) Any constable who finds a person wandering from place to place and taking a child with him may, if he has reasonable ground for believing that the person is guilty of an offence under this section, apprehend him without a warrant, and may take the child to a place of safety in accordance with the provisions of Part II. of this Act, and that Part shall apply accordingly as if an offence under this Section were an offence under that Part.

"(3) Without prejudice to the requirements of the Education Acts, 1870 to 1907, as to school attendance, or to proceedings thereunder, this section shall not apply during the months of April to September inclusive to any child whose parent or guardian is engaged in a trade or business of such a nature as to require him to travel from place to place, and who has obtained a certificate of having made not less than 200 attendances at a public elementary school during the months of October to March immediately preceding, and the power of the Board of Education to make regulations with respect to the issue of certificates of due attendance for the purposes of the Education Acts, 1870 to 1907, shall include a power to make regulations as to the issue of certificates of attendance for the purposes of this Section."

Further (Section 75), if children are sent to certified industrial schools under this Section their parents or guardians may be required to contribute towards their maintenance.