corn harvest, or the gathering of hops,[1] nor shall any employer or his agent be liable to a penalty for employing any such child in the execution of other agricultural work, if it is proved to the satisfaction of the court having cognizance of the case either—
(a.) That during the twelve months immediately preceding the date of the employment there was no school open at which the child could have completed the number of school attendances requisite for obtaining a certificate in accordance with the provisions of this Act within two miles, measured according to the nearest road, [2] of the residence of such child; or
(b.) That the school habitually attended by the child was closed for the holidays or other temporary cause at the time of the employment.
Cases in which Provisions of Act shall not apply
11. The provisions of this Act with respect to the employment of children shall not apply in the case of any child who has obtained from one of Her Majesty's Inspectors of Schools, or from some person to be deputed by him for the purpose, a certificate under his hand to
- ↑ * These restrictions should be carefully noted. They amount to a prohibition of much quasi agricultural work in which it has heretofore been usual to employ children for hire, e.g., apple gathering in cider districts. "Corn harvest" would no doubt be interpreted to include all crops known as "Cereals," such as wheat, barley, oats, and rye, but not, it is presumed, beans, mangold wurzel, or turnips.
- ↑ † The question arises, whether a public foot-path is to be deemed a "road" for the purposes of this enactment. Probably the question may safely be answered in the affirmative, but if this opinion be accepted, of course the number of the children who will be able to claim exemption from this Act on the score of distance will be reduced appreciably.
