The Education Acts 1870 1902 And Other Acts Relating to Education With Summar
The Education Acts 1870 1902 And Other Acts Relating to Education With Summar
Hugh Owen
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The magistrate, upon the facts stated on the application for the summons, came to the con- clusion that the parent had " habitually neglected to provide efficient elementary instruction forhis child, "and held that the school board were be und to proceed under this section, and accordingly declined to issue a summons for non-compliance with the bye-laws. On an application for a mandamus requiring the magistrate to issue the summons, the Court held that the magistrate was right. The same questio...n was subsequently raised in Morgan v. Haycock (44 J. P. 199), and in that case also it was held that where there was habitual neglect within the meaning of this section, the proceedings should be under the statute, and not under the bye-laws. The difficulty occasioned by these decisions is met by the provision in sec. 4 of the 43 & 44 Viet. , c. 23, post, that "proceedings may in the discretion of the local authority, or person instituting the same, be taken for punishing the contraven- tion of a bye-law, notwithstanding that the act, or neglect, or default alleged as such contravention constitutes habitual neglect to provide efficient elementary education for a child within the meaning of sec.
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