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Definition :

Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.

Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinated in ordinary cases (see VACCINATION) within six months.

Education.--The Education Act, 1921, now forms code of the law on the subject of compulsory education for children. See EDUCATION.

Employment.--As to the employment of children under twelve in factories, workshops, etc., see FACTORY, and consult Abraham and Davies, Austin, Bowstead, Redgrave, or Ruegg and Mossop on the Factory Acts.

The (English) Coal Mines Act, 1911 (1 & 2 Geo. 5, c. 50), s. 91, prohibits the employment in mines below ground of boys under fourteen and girls of any age, and s. 92 regulates the employment of girls and boys above ground.

The employment of boys under sixteen and girls under eighteen in dangerous public performances is punishable under the (English) Children and Young Persons Act, 1933 (c. 12), ss. 23, 24, and the employment of children generally is restricted by s. 18 and bye-laws of local authorities under that Act, which prohibits (s. 20) the employment in 'street trading' of a child under sixteen. A local authority may make bye-laws respecting the employment of children under fourteen (s. 18), and as to street trading under eighteen (s. 20), and respecting the employment of persons under eighteen subject to certain exceptions (s. 19). The regulation of the employment of children in public entertainments is dealt with by s.22. By sub-s. (3) a licence can under certain circumstances be obtained for a child over twelve, and invests any officer charged with the execution of the Act with all the powers of a factory inspector under that Act to enter and examine any place of public entertainment.

Employment abroad.--As to the restrictions on children being taken out of the United Kingdom with a view to singing, playing, performing, or being exhibited for profit, see ss. 25 and 26.

Sale of Liquor.--(English) Intoxicating Liquor (Sale to Persons under Eighteen) Act, 1923 (which repeals s. 67 of the (English) Licensing (Consolidation) Act, 1910), prohibits the sale to and purchase by persons under the age of eighteen of intoxicating liquor to be consumed on the premises. A person over sixteen may, however, buy beer, porter, cider or perry for consumption with a meal to be consumed in a place usually set apart for the service of meals, i.e., not the bar. The Act also contains provisions to prevent the consumption of intoxicating liquor by persons under eighteen in the bar and the purchase of intoxicating liquor for that purpose.

Sale of Tobacco.--The sale of tobacco to children under sixteen is penalized by s. 7 of the (English) Children and Young Persons Act, 1933 (c. 12), which also [sub-s. (3)] allows cigarettes to be taken away from a person under sixteen who is smoking in any street or public place. See TOBACCO.

Infant Life Protection.--The (English) Children Act, 1908 (8 Edw. 7, c. 67) (sometimes termed the 'Children's Charter'), as amended by the (English) Children and Young Persons Act, 1932 (c. 46), ss. 65 to 69, consolidates and amends in Part I. Thereof the provisions relating to the protection of infant life. A person undertaking (s. 1) for reward the nursing or maintenance of an infant must give notice to the local authority, and provision is made (s. 2) for the appointment of inspectors and visitors. An insurance policy (s. 7) on the life of an infant kept for reward is void, and it is an offence both on the part of the insurer and the insurance company to enter or attempt to enter into such a policy. See also P.H. Act, 1936, Part VII., ss. 200-220.

Cruelty.--The (English) Children and Young Persons Act, 1933 (see supra), consolidates and amends in Part I. Thereof the law with regard to cruelty to children. Special penalties are provided (s. 1) for the ill-treatment of children under sixteen by persons over sixteen having custody of them (including father who having deserted his wife fails to pay any part of his earnings for the support of his children: see R. v. Connor, 1908 (2) KB 26), giving power to increase the penalties up to 200l. where the offender is interested pecuniarily in the death of the child; and also penalties for causing (s. 4) children under sixteen to beg in the streets, or exposing (s. 11) children under seven to the risk of burning, or allowing (s. 3) persons between the ages of four and sixteen to be in brothels, or encouraging of favouring (s. 2) the seduction or prostitution, or unlawful carnal knowledge of a girl under sixteen. The court can presume (s. 99) the age of a child or young persons and deal with the case accordingly, see ABUSING CHILDREN.

To unlawfully abandon or expose a child under two to the danger of life or probability of permanent injury to health is a misdemeanour by s. 27 of the (English) Offences against the Person Act, 1861, as to which see Reg. v. Falkingham, (1870) and Reg. v. White, (1871) LR 1 CCR 222 (311).

Evidence.--The admissibility of the evidence of a child of tender years depends upon the degree of understanding it possesses, and the religious education it has received. Under s. 38 of the (English) Children and Young Persons Act, 1933, the evidence of a child not understanding the nature of an oath may be received if he has sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

Responsibility.--Above fourteen a child is presumed to be doli capax, but between eight and fourteen a child is presumed to be doli incapax; though the rule prevails that 'malitia supplet 'tatem.' It is conclusively presumed that no child under eight canb e guilty of any offence (s. 50). See AGE.

Punishment.--Sentence of death cannot [s. 3 (1)] be pronounced on or recorded against a person under eighteen and a young person under seventeen cannot (s. 52 (2) (3) be sent to penal servitude and can only be imprisoned if of an unruly or depraved character, and a child under fourteen can [s. 52 (1)] under no circumstances be sentenced to imprisonment or penal servitude. Ss. 53 to 59 give categorically the different methods of dealing with children under sixteen who have committed any offence. See INDUSTRIAL SCHOOLS; REFORMATOR SCHOOLS.

As to the custody of children by persons other than their parents, see Reg. v. Barnardo, 1891 (1) QB 194 CA, and the (English) Custody of Children Act, 1891 (54 & 55 Vict. c. 3), and now ss. 206-220 of the Public Health Act 1936. This Act also, see ss. 204-205, provides for maternity and child welfare.

Ss. 45 to 49 relate to Juvenile Courts created for the purpose of hearing charges against children and young persons; and the Court may (s. 55) order the parent or guardian of a child under sixteen to pay the fine, damages, or costs imposed. See JUVENILE COURTS. For responsibility, see AGE.

And see INFANTS; YOUNG PERSON; and Chitty's Statutes. Tit. 'Infants and Children.'

The expression 'children' in the case of an intestate male and the expression 'thavazhee' in the case of an intestate female shall, for the purpose of Part IV of the Travancore Ezhava Act, 1100 include the issue of such intestate male or female how-low-so-ever', Kunju Kesavan v. M.M. Philip, (1964) 3 SCR 634: AIR 1964 SC 164 (168). (Tranvancore Ezhavan Act (3 of 1100), s. 19, Expln. II)