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*73. An Act to amend the Pensions Commutation Act, 1871. (Amends section 10 of 34 & 35 Vict. c. 36, as to certain half-pay officers.
As to application of 35 & 36 Vict. c. 83, to certain officers of telegraph companies.) 74. An Act for amending so much of the Agricultural Holdings (England) Act, 1875, as relates to the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy.
(Amends section 49 of 38 & 39 Vict. c. 92, as far as it relates to the Governors of Queen Anne's Bounty.)
*75. An Act for making further provision for the Prevention of the Pollution of Rivers.
(Applies Public Health Act, 1875, Public Health (Scotland) Act, 1867, and Public Health (Ireland) Act, 1874.
Lee Conservancy Act, 1868.
Saves certain Conservancy Acts.)
76. An Act to extend the privileges of Municipal Corporations in Ireland.
(Assimilates privileges of municipal bodies in Ireland to those of England and Scotland.)
*77. An Act to amend the Law relating to Cruelty to Animals.
78. An Act to amend the Procedure connected with Trial by Jury in Ireland.
(Amends 34 & 35 Vict. c. 65, and 35 & 36 Vict. c. 25; Juries (Ireland). Abolishes Market Juries, and repeals provisions of Irish Acts relating thereto, viz.-13 & 14 Geo. 3, c. 22, s. 73, and 15 & 16 Geo. 3, c. 20, s. 43; Dublin Paving, &c. 27 Geo. 3, c. 46 (wholly), Market Juries in cities. 28 Geo. 3, c. 42, s. 9, continuing certain statutes.)
*79. An Act to make further provision for Elementary Education. Amends, and repeals in part, 33 & 34 Vict. c. 75; Elementary Education Acts, 36 & 37 Vict. c. 86; 1870 and 1873.
Repeals sections 14 and 15 of 30 & 31 Vict. c. 146; Workshops Regulation.
36 & 37 Vict. c. 67; Agricultural Children.
section 29 of 37 & 38 Vict. c. 88; Registration of Births, &c.
As to application of certain sections of the Factory Acts and the Workshops Regulation Acts.
As to application of the Industrial Schools Act, 29 & 30 Vict. c. 118.)
*80. An Act to amend the Merchant Shipping Acts.
(Repeals 31 & 39 Vict. c. 88: Merchant Shipping Act, 1875.
Amends (and in part repeals)-17 & 18 Vict. c. 104, 34 & 35 Vict. c. 110, 35
& 36 Vict. c. 73, and 36 & 37 Vict. c. 85; Merchant Shipping Acts, 1854-1873. Amends 18 & 19 Vict. c. 119; Passengers Act, 1855.)
*81. An Act for amending the Law relating to Crossed Cheques. (Repeals 19 & 20 Vict. c. 25, and 21 & 22 Vict. c. 79; Bankers' Drafts and Cheques.)
ABSTRACTS OF IMPORTANT ACTS
PASSED IN THE THIRD SESSION OF THE TWENTY-FIRST PARLIAMENT OF GREAT BRITAIN AND IRELAND.
1. CHURCH AND EDUCATION.
BISHOPRIC OF TRURO.
[39 and 40 Victoria, cap. 54.-11th August, 1876.] An Act to provide for the Foundation of a new Bishopric out of a part of the Diocese of Exeter.
The preamble recites the expediency of providing increased episcopal supervision for the Archdeaconry of Cornwall in the diocese of Exeter, and states that with a view to this end it has been proposed to form a Bishopric of Truro consisting of the Archdeaconry of Cornwall, the Bishop of Exeter having also assented to the transfer of such a portion of the endowment of his bishopric as will yield a net annual sum of 800l. for the new see. Section 1 gives the short title as "The Bishopric of Truro Act, 1876." Section 2 empowers the Ecclesiastical Commissioners for England to receive public contributions to the endowment of the bishopric, and to carry such contributions to a fund to be called the Truro Bishopric Endowment Fund. Section 3 provides for the transfer to the Truro Bishopric of such a portion of the endowment or income of the Exeter Bishopric as will, irrespective of tenths and first fruits, yield a net annual sum of 8001. Section 4 provides that whenever the Ecclesiastical Commissioners certify to Her Majesty under their common seal either(1.) That the net income of the Truro Bishopric Endowment Fund is not less than 3,000l. a year; or (2.) that the net income is not less than 2,500l. a year, and that contributions to that fund sufficient to raise the net income within five years from the date of the certificate up to 3,000l. a year have been guaranteed to the satisfaction of the Commissioners, Her Majesty by Order in Council may found a new Bishopric of Truro, with a diocese consisting of the Archdeaconry of Cornwall, or of such part thereof as to Her Majesty may seem meet, and may assign to such bishopric as a cathedral church the parish church of St. Mary, in Truro, in the county of Cornwall, but subject to the rights of the patron and incumbent of such church, and may declare the time at which such Order founding the bishopric is to come into operation. Her Majesty by the same or any other Order in Council may constitute the Bishop of Truro a body corporate, and may invest the bishop with all such rights, privileges, and jurisdictions as are now possessed by any other bishop in England, or such of them as to Her Majesty may seem meet, and may subject such bishop to the metropolitan jurisdiction of the Archbishop of Canterbury. By the same section it is enacted that the net income of the Truro Bishopric Endowment Fund, for the purposes of this section, shall be estimated exclusive of the value of any episcopal residence
which may have been provided, or any sum appropriated for the purpose of providing such episcopal residence, but inclusive of any sum which will be derived from the Bishopric of Exeter immediately upon the foundation of the Bishopric of Truro, and in such estimate no deduction shall be made from the last-mentioned sum on account of any payment for tenths or first fruits. By section 5 the number of Lords Spiritual sitting and voting as Lords of Parliament is not to be increased by the foundation of the Bishopric of Truro, the vacancies by the avoidance of the sees of Canterbury, York, London, Durham, or Winchester are to be filled up by the issue of a writ of summons to the bishop acceding to the see so avoided, and in the case of the avoidance of any other see a writ of summons is to be issued to the bishop, who, having been longest appointed a bishop of an English see, has not previously become entitled to such writ, provided that where a bishop is translated and was at the time of translation sitting as a Lord of Parliament, he shall not lose his right to receive a summons to Parliament. Section 6 provides for the appointment of the Bishop of Truro, so long as there is not a dean and chapter of Truro, by letters patent; but after the foundation of such dean and chapter vacancies in the see are to be filled as in the case of other English bishoprics. Section 7 requires the Ecclesiastical Commissioners, on the foundation of the see, to lay before Her Majesty a scheme for the creation of courts, officers, archdeaconries, and other kindred arrangements incidental to the new bishopric; for giving the Bishop of Truro the patronage of every ecclesiastical dignity and benefice situate in his diocese the patronage of which is, at the date of the scheme, vested in the Bishop of Exeter; for transferring the portion of the endowment or income of the Bishopric of Exeter already referred to; for enabling any existing archdeacon in the diocese of Exeter to reside in any place in which he is residing at the date of the scheme, and for precluding any officer holding office at the date of the passing of this Act from being prejudiced by this Act, or any Order in Council made thereunder; for founding honorary canonries. in the cathedral church of Truro, with power to dispense with the consent of any dean and chapter so long as there is no such dean and chapter in existence at Truro; and to provide that any non-residentiary canons in the cathedral church of Exeter, who upon the foundation of the Bishopric of Truro may be holding benefices in the diocese of Truro, and consent to the transfer, shall be transferred to and become honorary canons in the cathedral church of Truro instead of Exeter; for the transfer to the registrar of Truro from the registrar of Exeter of all terriers, tithe apportionments, maps, plans, and other documents relating to the parishes in the diocese of Truro. Section 8 provides that the Truro Bishopric Endowment Fund shall be held by the Ecclesiastical Commissioners upon trust to provide a net annual income not exceeding 4,2001. a year and a residence for the Bishop of Truro, and subject as aforesaid upon trust for the foundation of a dean and chapter for the bishopric, in such manner as may be from time to time provided by Order in Council; and the section also entrusts the management and investment of the funds to the Ecclesiastical Commissioners, provided that there shall not be assigned as an endowment to the said bishopric, exclusive of an episcopal residence, a greater extent of land than will, after deducting the costs of management, produce as nearly as may be a net annual income of 4,2001.
[39 and 40 Victoria, cap. 79.-15th August, 1876.]
An Act to make further Provision for Elementary Education. The preamble to the Act declares that it is expedient to make further provision for the education of children, and for securing the fulfilment of parental responsibility in relation thereto, and otherwise to amend and to extend the Elementary Education Acts. Section 1 gives the short title of the statute as "The Elementary Education Act, 1876." Section 2 exempts Scotland and Ireland from its operation, except as expressly provided; and section 3 fixes January 1st, 1877, for the commencement of the Act. The first division of the Act sets forth the "laws as to employment and education of children." Section 4 declares it to be the duty of the parent of every child to cause it to receive efficient elementary instruction in reading, writing, and arithmetic, and if the parent fails to perform this duty, he is to be liable to such orders and penalties as are provided by this Act. Section 5 renders it illegal to employ a child under ten, or a child over ten years of age who has not obtained a certificate either of his proficiency in reading, writing, and elementary arithmetic, or of previous due attendance at a certified efficient school, unless such child, being of the age of ten years or upwards, is employed, and is attending school in accordance with the provisions of the Factory Acts, or of any bye-law of the local authority made under section 74 of "The Elementary Educa tion Act, 1870," as amended by "The Elementary Education Act, 1873," and this Act, and sanctioned by the Education Department. Persons employing a child in contravention of this Act are to be liable on summary conviction to a penalty not exceeding 40s. Section 7 provides for the enforcement of the law here laid down as to the employment of children, the authorities charged with the duty being— (1) In a school district within the jurisdiction of a School Board, by that board; and (2) in every other school district by a school attendance committee, appointed annually, if it is a borough, by the council of the borough, and, if it is a parish, by the guardians of the union comprising such parish. A school attendance committee under this section may consist of not less than six nor more than twelve members of the council or guardians appointing the committee, so, however, that, in the case of a committee appointed by guardians, one-third at least shall consist of ex-officio guardians, if there are any and sufficient ex-officio guardians. The school attendance committee is to make known in its district the provisions of the Act, except that it is the duty of the inspectors and sub-inspectors acting under the Acts regulating factories, workshops, and mines respectively, and not of the local authority, to enforce the observance by the employers of children in such factories, workshops, and mines of the provisions of this Act respecting the employment of children, the duty of the local authority being only to assist the said inspectors and sub-inspectors in the performance of their duty by information and otherwise. The local authority is to report to the Education Department any infraction of the provisions of section 7 of the Act, 1870, in any public elementary school within their district which may come to their knowledge, and also to forward to the Education Department any complaint which they may receive of the infraction of those provisions.
Section 8 refers to the employment and education of children in factories. Section 9 exempts employers from the penalties for employing children in cases where it is proved to the satisfaction of the court dealing with the case-(1) That during the employment there is not within two miles, measured according to the nearest road, from the residence of such child, any public elementary school open which the child can attend; or (2) that such employment, by reason of being during the school holidays, or during the hours during which the school is not open, or otherwise, does not interfere with the efficient elementary instruction of such 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; or (3) that the employment is exempted by the notice of the local authority hereinafter next mentioned (that is to say), the local authority may, if it thinks fit, issue a notice exempting from the prohibitions and restrictions of this Act the employment of children above the age of eight years for the necessary operations of husbandry and the ingathering of crops, for the period to be named in such notice: provided that the period or periods so named by any local authority shall not exceed in the whole six weeks between the 1st of January and 31st of December in any year. Section 10 empowers guardians to pay the school fee not exceeding 3d. a week, or a part of it for parents, who, not being paupers, are unable to pay the ordinary fee for their child at a public elementary school, and who apply to the guardians, and the parent by accepting this is not to be deprived of any franchise, right, or privilege, or be subject to any disability, or disqualification. The school at which the fee is paid may be selected by the parent. The 25th section of the Act of 1870 is repealed by this section. Section 11 makes provision for orders of court for the attendance at school of children habitually neglected by their parents, or habitually wandering and consorting with criminals or disorderly persons. The local authority is first to warn the parents and then to bring the case before a court of summary jurisdiction, which is to give an order for attendance; but any of the following reasons is to be a reasonable excuse for non-attendance :- -(1) That there is not within two miles, measured according to the nearest road from the residence of the child, any public elementary school which it can attend; or (2) that the absence of the child from school has been caused by sickness, or any unavoidable cause. Section 12 sets forth the procedure when a parent fails to comply with the order of court : in the first case of non-compliance if the parent does not appear or fails to satisfy the court that he has used all reasonable efforts to enforce compliance with the order, the court may impose a penalty not exceeding with costs 5s.; but if the parent satisfies the court that he has used all reasonable efforts, the court may, without inflicting a penalty, order the child to be sent to a certified day industrial school, or if there be no such school suitable for the child it may be sent to an industrial school. Subsequent failures of compliance are to be dealt with by fine or by sending the child to an industrial school, provided that a complaint under this section with respect to a continuing non-compliance with any attendance order shall not be repeated by the local authority at any less interval than two weeks. A child shall be sent to a certified industrial school or certified day industrial school in pursuance of this section in like manner as if sent