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Lyttelton Times, Volume XXVIII, Issue 2126, 14 October 1867, Page 2

On a former occasion we drew attention to the fact that, during the'Sesaion of the 'General Asaeinbjy, the upper branch of the. Legislature has been very usefullyem ployed in passing measures for ■ the consolidation of 'the laws. The necesßity for Consolidation is recognised by men of all parties,; whether Constitutional, Central, or Colonial;, and, so long, as.it does,not go beyond a, certain point,the action of thei I/egialatiye'Council : cannot be, otherwise 'than beneficial. .But: :tbe'; Upper House has by ho means confined itself to the process of consolidation, as it will be found that some useful■■legislation had its. origin; there. No matter how unploMani; : or/how unwillingwemay.'be. to admitfchefacfc; it is still truev and undeniable that in the larger' towns of the, colony, there are numbers of ■children wandering ■about the streets to whom the epithet of neglected or criminal, or both inay he fitly applied; There are; few, if any; in;; Chrißtchurcli \ wlio tire: riot daily; made aware of the existence of such jcliiidreii, and there are iibiie wild, will ■deny -that it is. the; duty of the. State.to step iri : and; -■ mako; sotrie provJHWiiv fop their : iiistriictioit! »t)(i upbringing, Merely-as :ft ; precivutipn, it is?Trise to;do tjiisV but tliore.isa fa r li i g !i«i* «en bo in which; >ej- are bound to look.at■tho/ suliject,; and. in, the /light,, of which.it. ■becomes a. duly, that i t woo I'd .bo. ■ positireiy criminal to neglect or to pass/ lightly by. Not miiiiy weeks ago a, boy was brought befpi'c tlie Magistrate of GliriHtcliur'ch, charged/ With beggin in tlie streets. There was so much ingenuity and cunning" in the method pursued■■; by this child, that the inspector of Police at once inferred tutoring oil -tlie ])itrt of some old add experienced /criminal. In this view the Resident Mngistrate con^

curred, ; and the Fagin who sent the boyjto prey on the compassion of the public; appeared in the shape of his reputed father and mother. These denied that they had sent their child to beg in the streets, but thero aro" circumstances in the previous ■eareo'r of the couple which nt least .warranted the inference of tho Inspector of Police. There was, wo think, .cause for some rogrefc iu the virtual dismissal of the case. It would have.. beeu well, if possible, t0,.;, establish eithor the guilt 'or innocence of the parents. As it was] enough was done to shew that an Act to provide for the cara and custody of; neglected and criminal children is sorely wanted even in Christchurch. An Act of this nature was originated in and has passed throu ;h the Legislative Council, and a brief description of its main provisions may be of interest to many of our readers.

The bill is of the class called permissive ; that is to say, the enactments contained in il; are not made imperative. "Itslv.dl be lawful," is the language of the third and fourth clauses, in : conferring power on Superintendents to establish for the purposes of the Act what are called industrial and reformatory schools, and there is no subsequent clause iu which it is; made imperative either to establish or maintain them. Having conferred the power of initiating, of making regulations, of appointing masters and matrons, teacbers, and all other officers on tho Superintendent, by and with the consent of the Provincial Council, the Act goes on to declare who are to bo deemed inmates of those industrial or reformatory Bchools. Every boy and girl under the age of Qfleen shall, for the purposes of the Act, be deemed to be a child, and when detained iu one ov other of the institutions, an inmate. The following is the definition given or neglected children : (.1.) Any child found begging or receiving alius or befog in any street or public place for the purpose of begging or receiving alms. . (•.'.) Any child who shall be found wandering about or frequenting any street thoroughfare tavern or place of public resort or sleeping iii the open air and who shall not have any home or settled place of abode or any visible means of subsistence.

(3.) Any child who shall reside in any brothel or associate or dwell with any person known or reputed to bo a thief prostitute or iiabitu.ll drunkard or with any person convicted of vagrancy under any Act or Ordi nance now or hereafter to be in force.

(•1.) Any child who having committed an offf nee punishable by imprisonment or some less, punishment ought nevertheless in the opinion of two justices regard being hud to his age and the circumstances of his case to be sent to an industrial school.

(5.) Any child whose parent represents that lie is unable to control su'ih child and that lie'wishes him to be sent to an industrial school and gives security to the satisfaction of two justices before whom such child may be: brought for payment of the maintenance of suclr child in such school.

By the fourteenth clause of the Act constables are empowered to take into custody without warrant and forthwith to bring before auy two or more Justices of the Peace every child found under circumstances which, according ta the Act, justify the conclusion that sueh.child is neglected. The Justices, if satisfied of the correctness of the charge, may send the child to one or other of the industrial schools for not less, than one year and not more than seven: years. The, sixteenth clause provides that whenever any child shall be convicted of any punishable offence it shall be lawful for the Judge, or for two or more Justices before whom the conviction takes place to direct that, in addition to the sentence then passed, the child so convicted may be sent to a reformatory school for a period of not less thau one year or more than seven years. Due provision is made that the religious creed of the inmates of industrial and reformatory schools shall be respected, aud no attempt made to proselytise. The Superiu'teudent of any province in which a reformatory or industrial school is placed may, under certain circumsfcaucos, place any inmate on trial of service, with auy person who is willing to receive and take charge of, and qualified totake care and provide for such in■mate. The parents of children sent to an industrial or reformatory school are held liable to contribute to their support in a sum not exceeding ten shillings per week for each child.

The remaining clauses relate chiefly to the internal management of these institutions, and to the penalties which may be imposed on persons permitting the. escape of inmates, harbouring them when they have escaped, and communicating with them unlawfully while in custody.