(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The Elementary Education Act, 1870, with introduction, notes, and index, and appendix containing the inforporrated statutes"

j^lt>^j#(i!?4^Mii^i^ tfvS^^ii*'^ 



WORKS PUBLISHED BY 
SHAW AND SONS, FETTER LANE, LONDON. 

THE BAKKRUPTCY ACT, iSCg, fa Practical Treatise on 
together with so muca uf The ]>btors Act, 1869, and Tl 
, Baukvuptcy Repeal aud Insolvent Court Act, 1SC9, as reiati 
to Bankruptcy, with lutrotlnclion, the Statutes, Nott-s i 
Cases, and index. Also the General Rules for Regulatiug tl 
Practice and Procedure of the London Baukruptcy Court ac 
of the County Courts, and Scales of Costs and Fees.' By John 1 
Treherne, Solicitor, a Member of the Incorporated Law Societ; 

JUSTICES' IdANUAL.— Stone's Justices' Manual. By Sarau 
Stone, Esq., Clerk to the Justices for the Borough of Leicei 
ter. Fourteenth Editioii. Clutii, -ils. 

JOINTSTOCK COMPANIES, (the Law of), as founded upo 
the Acts of 1862 and 18(37, with the Decisions thereon, at) 
Observations as to the Formation ot Companies, vtith Tabl< 
of Cases, Statutes, and a Copious Index. By C. W. Loves; 
Esq., of the Middle Temple, Barrister-at-Law. Qs. 

QUARTER SESSIONS.— Archbold's Practice of Quarter Sessior 
in Criminal Cases, and also in Appeals. By J. F. Archbol 
Esq., Barrister-at-Law. Third Edition, by 0. W. Loveo^ 
i:ns. cloth. 

PRATT'S INCOME TAX ACTS, ^vith a full Analysis t 
the provisions of the difl'erent Acts, also Cases of Illustn 
tions. Explanatory Notes, and a copious Index. By Ja: 
Paterson, Esq., Barrister-at-Law. Third Editicn, -is. 

LOCAL BOARD ELECTION MANUAL, ^ein- an expianutio.v 
the Proceedmizs required to betaken in the constitution of l\ 
Local Board, and the Election of Members. By W. C 
Lximley, Esq., LL.M., one of Her Majesty's* Counst 
Second Edition, os. 

THE REPRESENTATION OF THE PEOPLE ACl 

)867, with Introduction, Notes, and Index. By W. C. Gle 
and C. W. Lovcsy, Esqs., Barristers-at-Law. Third Editio; 
5s. cloth. 

THE PARLIAMENTARY REGISTRATION MANUAI 

being a Practical Guide to the Duties of the several Officers i 
respect of the Registration of County, City, and Boroug 
Voters, and the Revision Courts. By W. Cunningham Glej 
Barrister-at-Law Second Edition, 3s. (uJ., cloth. 

ABBOTT'S LAW OF MERCHANT SHIPS AND SEAMEI 

IX SIX PARTS : 

I. OftlieOwiiers of Morchant Ships. | IV. Of the Carriage of Goods in 

II. Of tlie Board of Trade— Local | Mercbaut Ships. 

Marine Boards -and Shipping . y yj y^^ y, ^^ Merchant Sea- 

Ottices. I .,.„« 

III. Of the Persons cniployed in the j 
Navigation of Merchant Ships, 
and of the Conveyance of Pas- 
sengers. 

By William Shee, one of the Justices of the Court of Queen 

Bench. Eleventh Edition. 30s. cloth. 
MARINE INSURANCE.-Marshall on the Law of Marine Ii 

surance. Bottomry, and Respondentia. By Mr. Justice She 

Fifth Edition. 28s. Cloth. 



VI. Of CJcueral Average— Salvage — 
Collision— and Maritime Liens. 



Woths published by Sham and Sons, Fetter Lane, 



THE TOWN COUNCILLORS' MANUAL.-This work gives 

a condensed view ot the powers aad Duties of Municipal 
Corporations, brings down Law as amended by the Municipal 
Franchise and Assessed Rates Acts of Last Sission to the 
time of Publication. Its general arrangement is similar to that 
adopted in " Ihe Justices' Manual ;" taking (by permission) 
The Treatise on Municipal Corporations, by T. A. Arnold, 
Esq., S.M„ as the groundwork. The Law with respect 
to the qualification of Burgesses — the revision of the Burgess 
Lists — the Nomination and Election of Councillors, Auditors, 
and Assessors — Corporate Property — the Watch Committee — 
and the powers of Town Councils (as Municipal Corporations) 
is fully given. By Samuel Stone, Esq., Town Clerk of 
Leicester, and Author of " The Justices' Manual." Cloth, lOs. 

THE POOR LAW AMENDMENT ACT, is67, and ises, with 

Introduction, Notes, and Index. By W. Cunnmgham Glen, 
Esq., Barrister-at-Law, and of the Poor Law Board. 
Price 2s, 6d. 

POOR LAW STATIITES.-The statutes in Force relating to 
the Poor, Parochial Officers, and Parishes, with a Digest ol 
Cases (20 Vict. c. 19, to 26 & 27 Vict. c. 125) 18(33. By 
J, Paterson, Esq. Barrister-at-Law. Vol. 2, cloth, lOs. 6d. 

CRIMINAL LAWi— The Criminal Law, as amended by the Statutes 
of 1S61, with Pleading, Evidence, Forms of Indictment. " By 
H. W. Woolrjch, Serjeant-at-Law. 2 Vols., cloth, oOs. 

LAW OF COMPENSATIONS.-The Law of Compensations, bv 
Arbitration and by Jury, with an Appendix of Statutes, and all 
the Forms in use. By Charles Wordsworth, Esq., Q.C. 

CHURCHWARDEN Si— P"deaux's Practical Guide to the Duties 
of Churchwardens, containing the Church Rate Abolition Act, 
1868. By C. G. Prideaux, Esq,, Q.C. Eleventh Edition, 
cloth, 8 s. 

HIGHWAYSi~Pratt's Law of Highways; comprising the Acts 
1835, 1862, and 1864, with Notes and Cases. By T. C. Sneyd 
Kynuersley, Esq., Police Magistrate, Birmingham. 

SANATORY LAWSi — Lumley's New Sanatory Laws, comprising 
the Public Health Act, 1848, the subsequent amending 
Acts, the Local Government Act, 1858, &c., with Introductory 
Remarks, Notes, and Cases. By W. G. Lumley, Esq., 
Barrister-at-Law, Assistant Secretary to the Poor Law Board. 
10s. Cloth. 

LOCALMANAGEMEN T.—Woolrych'sMetropolis Local Manage- 
ment Acts. With copious Notes. By Edmund Humphrey 
Woolrvch, Esq., one of the Metropolitan Police Magistrates. 
10s. Cloth. 

PRATT'S WATCHING AND LIGHTING ACT, 3 & 4 Wiii. 4, 

c. 90, with the Cases decided thereon, Explanatory jVotes, an 
A}'pendix of Forms, and Index. By W. C. Glen, Esq. 
BanUcer-at-Law. Fourth Edition. 4ks. 

[Continued at end of Work. 



Digitized by the Internet Archive 

in 2007 with funding from 

IVIicrosoft Corporation 



http://www.archive.org/details/elementaryeducatOOgreauoft 



/> 




. ^^.«^). 






(&. ^ . €>iivnts. 



THE 



ELEMEN TARY EDUCATION 

ACT, 1870, 



WITH 



INTRODUCTION, NOTES, AND INDEX, 



APPENDIX CONTAINING THE INCORPORATED 
STATUTES. 



BY 

W. CUNNINGHAM GLEN, 

BABniSTl!R-AT-I.AW. 



LONDON: 

SHAW AND SONS, FETTER LANE, 

5tRt» ^vinttri ants ^tiftltSlbfrtf. 

1870. 







LONDON : PRINTBD BT SHAW ANB SONS, FETTER LA^B. 



PREFACE. 



The Elementary Education Act, 1870, is a statute 
which is calculated, more than any other of recent 
times to elevate the masses of the people j and is the 
result of many years agitation by the various religious 
denominations and political parties in the State, The 
object which it will accomplish may be stated in a very 
few words. It will place an elementary school wherever 
there is a child to be taught, whether of rich or poor 
parents : and it will compel every parent and guardian 
of a child to have it taught, at least, the rudiments of 
education, and that without reference to any religious 
creed or persuasion. 

The Editor, at the request of the Publishers, 
has prepared the present work, and trusts that it 
will be found to be a useful and practical guide to all 
those who may be called upon officially or otherwise 
to bring the Act into operation. In the Appendix 
will be found all the Incorporated Acts, besides other 
useful information. 

The work is prefaced by an Introduction, containing 
a general resumS of the provisions of the Act ; and the 
importance of a voluminous Index has not been over- 
looked. 

5, Elm Court, Temple, 
Ut September, 1870. 



^ 



CONTENTS, 



t 



PAGE 

Introduction -.--___ jx 



The Elemektary Education Act, 1870. 

Preliminary ------- .1 

Supply of schools ---._-_6 
Proceedings for supply of schools - - ' - - 7 

Management and maintenance of sahools by school 

board - ..-. _ _ -11 

Miscellaneous powers of school board - - - - 24 

Constitution of school board - - - - - 27 

School board in metropolis -..--. 33 
United school districts ------ 38 

Contributory districts -------42 

Expenses - - - - - - -- -44 

Accounts and audit -....-.49 

Defaulting school board ...... 54 

Returns and inquiry .----.-67 

Public inquii'y . -------60 

Attendance at school ..-----61 

Miscellaneous - -.- - - - - -66 

Parliamentary Grant -.--..-76 
Annual Report of Education Department - - - 78 



First Schedule. 
School districts, &c. -._-.. 79 



vi Contents. 

SeCOKD SCHEDUI.E. 

First Part. 

PAGE 

Boles respecting election and retirement of school board 80 

Second Part. 
Rules respecting resolutions for application for school 
board ..--.---84 

Third Part. 
Rales for election of school board in the metropolis - 85 

Thibd Schedvle. 

Proceedings of school boards - - - - - 87 

Proceedings of managers appointed by a school boai-d - 89 

Form of precept of school board - - - - -90 

Fourth Schedule. 
School Sites Acts -.--.-- 91 

Fifth Schedule. 
Divisions of the metropolis ------ 93 



APPENDIX. 



I. School Sites Acts. 

4 & 6 Vict. Cap. 38. 

The School Sites Act, 1841 - ----- 93 

7 & 8 Vict. Cap. 37. 

The School Sites Act, 1844 106 

12 & 13 Vict. Cap. 49. 
The School Sites Act, 1849 ------ 109 

14 & 16 Vict. Cap. 24. 
The School Sites Acts, 1861 113 



Contents. 



vu 



PAGE 



II. Charitable Tbusts Acts. 

16 & 17 Vict. Cap. 137. 
TheCharitableTrusts Act, 1853 114 

18 & 19 Vict. Cap. 124. 
TheCharitableTrusts Act, 1855 - - . .117 

23 & 24 Vict. Cap. 136. 
The Charitable Trusts Act, 1860 - - - . ]]9 

25 & 26 Vict. Cap. 112. 
TheCharitableTrusts Act, 1862 - - - . - 120 

32 & 33 Vict. Cap. 110. 
The Charitable Trusts Acts, 1869 - - - - 121 

III. Incorporated Protisions of the Metropolis 
Management Acts. 

18 & 19 Vict. Cap. 120. 
The Metropolis Management Act, 1855 - - -121 

25 & 26 Vict. Cap. 102. 
The Metropolis Management Amendnaent Act, 1862 - 126 

IV. 
The Commissioners Clauses Act, 1847 - . - - 128 

V. 
The Documentary Evidence Act, 1868 - - - 134 

VI. 
Statutes relating to the Audit of Accoants - - - 137 

VII. 
Statutes relating to Appeals against allowafices, disallow- 
ances, and surchai^es by auditors . - - - 143 

VIII. 
Table of places within the jurisdiction of the Metro- 
politan Board of Works - - - - - 146 

IX. 

Circular of the Education Department on the Elementary 

Education Act, 1870 - - - - - -J30 

h 



INTRODUCTION. 



The districts in which elementary schools (that is, 
schools at which the children attend from the homes of 
their parents, and charge is taken of them during the 
school hours only) are to be established are, — the Metro- 
polis witliin the jurisdiction of the Metropolitan Board of 
Works ; municipal boroughs ; the district of the Oxford 
Local Board of Health ; and elsewhere, in all parishes in 
England and Wales. For each district a school board is to 
be established, and the expenses of the board in excess of 
the school fees are to be paid out of local rates. 

There shall be provided for every school district a stiffi- 
cient amount of accommodation in public elementary 
schools, available for all children resident in the district 
for whose elementary education efficient and suitable 
provision is not otherwise made. 

Where the education department are satisfied, and have 
given public notice that there is an insufficient amount of 
public school accommodation for any school district, and 
the deficiency is not supplied, a school board shall be 
formed for the district, and shall supply the deficiency, 
and in case of default the education department shall cause 
it to be done. 

Every public elementary school shall be conducted in 
accordance with the following regulations: — (1.) It 
shall not be required, as a condition of any child being 
admitted into or continuing in the school, that he shall 
attend or abstain from attending any Sunday school, or 
any place of religious worship, or that he shall attend any 
J2 



Z INTRODUCTION. 

religious observance or any instruction in religious sub- 
jects in the school or elsewhere, from which observance or 
instruction he may be withdrawn by his parent, or 
that he shall, if withdrawn by his parent, attend the school 
on any day exclusively set apart for religious observance 
])y the religious body to which his parent belongs: — 
(2.) The time or times during which any religious obser- 
vance is practised or instruction in religious subjpcts is 
given at any meeting of the school shall be either at 
the beginning or at the end, or at the beginning and the 
end of such meeting, and shall be inserted in a time 
table to be approved by the education department, and 
kept permanently and conspicuously affixed in every 
school room ; and any scholar may be withdrawn bj- his 
parent from such observance or instruction without for- 
feiting any of the other benefits of the school : — (3.) the 
school shall be open at all times to the inspection of any 
of Her Majesty's inspectors, so, however, that it shall be 
no part of the duties of such inspector to inquire into any 
instruction in religious subjects given at such school, or 
to examine any scholar therein in religious knowlege or in 
any religious subject or book : — (4.) the school shall be 
conducted in accordance with the conditions required to 
be fulfilled by an elementary school in order to obtain an 
annual parliamentary grant. 

For the purpose of determining the amount of public 
school accommodation, required for the distri<t, the edu- 
cation department shall, immediately after the passing of 
the Act, cause returns to be made to them, and on re- 
ceiving them, and after such inquiry as they think neces- 
sary, shall consider whether any and what public school 
accommodation is required for the district, and in so doing 
they shall take into consideration every sciiool, whether 
actually situated in the school district or not, which in 
their opinion will be suitable for the children of the 
district. 

When the department have done so, they shall 
publish a notice of their decision, setting forth with 
respect to the district the description, number, size, and 



INTRODUCTION. XI 

description of the schools available for the district which 
they liave taken into consideration, and the amount and 
description of the accommodation, which app-ars to them 
to be required, and any other particulars which they think 
expedient. 

If aisy persons bein^^ either ratepayers of the district, 
not less than ten, or, if less than ten, being rated to the 
poor rate upon a rateable value of not less than one-third 
of the whole rateable value of the district, or the man- 
agers of any elementary school in the district, feel ag- 
grieved by the decision of the department, they may, 
within one month after the publication of the notice, apply 
for a public inquiry to take place. 

At any time after the expiration of the month, if no 
public inquir}' is directed, or after the receipt of the report 
made after the inquiry, the department may, if they think 
that the amount of public school accommodation for the 
district is insufficient, publish a final notice, directing that 
the accommodation mentioned in ii as required be sup- 
plied. 

If after the expiration of a limited time, not exceeding 
six months, the department are satisfied that all the ac- 
commodation required by the final notice has not been so 
supplied, nor is in course of being supfdied with due des- 
patch, they shall cause a school board to be formed for the 
district, and shall send a requisition to the board requiring 
them to take proceedings forthwith for supplying the 
school accommodation mentioned in the requisition. 

If the school board fail to comply with the requisition 
within twelve months, they shall be deemed to be in de- 
fault, and the department may then proceed as in the 
case of a school board in default. 

Where application is made to the department with re- 
spect to any f-chool district by the persons who, if there 
were a school board in the district, would elect the board, 
or with respect to any borough, by the council ; or where 
the department are satisfied that the managers of any 
elementary school in any district are unable or unwilling 
any longer to maintain such school, and that if the school 



Xn INTRODUCTION. 

is discontinued the amount of public school accommoda- 
tion for the district will be insuflBcient, the department 
may, after inquiry, cause a school board to be formed 
for the district, and send a requisition to the board 
in the same manner in all respects as if they had pub- 
lished a final notice. An application for these purposes may 
be made by a resolution passed by the electing body after 
notice published at least a week previously, or by the 
council. 

After the receipt of any returns subsequently to the 
first with respect to any district, and after inquiry, the 
department shall consider whether any and what school 
accommodation is required in the district, in the same 
manner as in the case of the first returns ; and where in 
the district there is no school board they may issue notices 
and take proceedings in the same manner as they may after 
the receipt of the first returns ; and where there is a school 
board they shall proceed in manner which the Act 
directs. 

Every school provided by a school board shall be con- 
ducted under the control and management of the board 
in accordance with the following regulations: — (1.) The 
school shall be a public elementary school : — (2.) No 
religious catechism or religious formulary which is dis- 
tinctive of any particular denomination shall be taught in 
the school. 

The board may from time to time delegate any of their 
powers, except the power of raising money, and in par- 
ticular may delegate the control and management of any 
school, with or without any conditions or restrictions, to 
a body of managers appointed by them, consisting of 
not less than three persons. They may from time to 
time remove all or any of the managers, and, within the 
above limit, add to or diminish the number of or other- 
wise alter the constitution or powers of the body of ma- 
nagers. Any manager may resign on giving written 
notice to the board; and the schedule to the Act contains 
rules respecting the proceedings of bodies of managers so 
appointed. 



INTRODUCTION. xiii 

If the school board do or permit any act in contraven- 
tion of or fail to comply with the regulations according to 
which a school provided by them is required to be con- 
ducted, the education department may declare the board 
to be a board in default, and may proceed accordingly j 
and every act or omission of any member of the board, or 
manager, or any person under the control of the board, 
shall be deemed to be permitted by the board, unless the 
contrary be proved. If any dispute arises as to whether 
the board have done or permitted any act in contraven- 
tion of or have failed to comply with the regulations, the 
matter shall be referred to the department, whose decision 
shall be final. 

Every child attending a school provided by any school 
board shall pay such weekly fee as may be prescribed by 
the board, with the consent of the department ; but the 
board may from time to time, for a renewable period not 
exceeding six months, remit the whole or any part of the 
school fee in the case of any child when the}' are of 
opinion that the parent of such child is unable from 
poverty to pay the same, but such remission shall not be 
deemed to be parochial relief given to the parent. 

The board shall maintain and keep efficient every 
school provided by them, and shall from time to time pro- 
vide such additional school accommodation as is, in their 
opinion, necessary in order to supply a sufficient amount 
of public school accommodation for their district, and the 
board may discontinue any school, or change the site of 
any school, if they satisfy the department that the school 
to be discontinued is unnecessary, or that the change of 
site is expedient. If at any time the department are 
satisfied that a school board have failed to perform their 
duty, either, by not maintaining or keeping efficient every 
school provided by them, or by not providing such ad- 
ditional school accommodation as is necessary in order to 
supply a sufficient amount of public school accommodation 
in their district, the department may send them a requisi- 
tion requiring them to fulfil the duty which they have failed 
to perform ; and if the boai-d fail within the time limited, 



XIV INTRODUCTION. 

not being less than three months, to comply, therewith to 
the satisfaction of the department, the board shall be 
deemed to be a school board in default, and the education 
department may proceed accordingly. 

^very school board for the purpose of providing suflficient 
public school accommodation for their district, whether in 
obedience to any requisition or not, may provide, by' 
building or otherwise, schoolhouses properly fitted up, 
and improve, enlarge, and fit up any schoolhouse pro- 
vided by them, and supply school apparatus and every- 
thing necessary for the efficiency of the schools, and 
{)urcnase and take on lease any land, and any right over 
and. With respect to the purchase of land by school 
boards the Lands Clauses Consolidation Act, 1845, 
and the Acts amending the same are incorporated. 
The school board, however, before putting in force 
any of the powers of those Acts with respect to the 
purchase and taking of land otherwise than by agreement, 
shall conform to the regulations of the Act in that respect, 
and may afterwards present a petition under their seal to 
the education department, for an order to put in force 
the powers of the Acts with respect to the purchase and 
taking of land otherwise than by agreement. If, on 
consideration of the petition and proof of the publication 
and service of the proper notices, the department think 
fit to proceed with the case, they may appoint some 
person to inquire in the district in which the land is 
situate respecting the propriety of the proposed order, 
and also direct such person to hold a public inquiry: 
after such consideration and proof, and after receiving a 
report made upon the inquiry, the department may make 
the order prayed for, either absolutely or with suck 
conditions and modifications as they may think fit ; and 
it shall be the duty of the school board to serve a 
copy of the order upon the persons affected by it ; but no 
guch order shall be of any validity unless it has been con- 
firmed by Act of parliament. 

The School Sites Acts shall apply in the same manner 
as if the school board were trustees or managers of a 



INTRODUCTION. XV 

school board ; and land may be acquired under any 
of these Acts, or partly under one and partly under 
another Act. 

For the purpose of the purchase by the managers of any 
public elementary school of a schoolhouse, or a site for one, 
"The Lands Clauses Consolidation Act, 1845," and the Acts 
amending the same, (except so much as relates to the pur- 
chaseof land otherwise than by agreement,) are also incorpo- 
rated with the Act, and land may be acquired under the In- 
corporated Acts, or under the School Sites Acts, or any of 
them, or partly under one and partly under another Act. 
Any persons desirous of establishing a public elementary 
school shall be deemed to be managers, if they obtain the 
approval of the education department to the establishment 
of the school. 

The provisions of the Charitable Trusts Acts, 1853 to 
1869, which relate to the sale, leasing,and exchange of lands 
belonging to any charity, are made to extend to the sale, 
leasing, and exchange of the whole or any part of any 
land or schoolhouse belonging to a school board which 
may not be required by the board. 

The managers of any elementary school in the district 
of a school board may arrange for transferring their school 
to the school board with the consent of the education de- 
partment; and, if there are annual subscribers to the 
school, with the consent of a majority, not being less than 
two-thirds in number of those present at a meeting duly 
summoned for the purpose, and who vote on the question. 

After the expiration of six months from the date of the 
transferthe consentof the education department shall be con- 
clusive evidence that the arrangement has been made in 
conformity with the Act, and the arrangement may 
provide for the future interest the board shall have in the 
school. 

When an arrangement is made the managers may, 
whether the legal interest in the schoolhouse or endow- 
ment is vested in them or in some person as trustee for 
them or the school, convey to the board all such interest 
in the schoolhouse and endowment as is vested in them or 
h 3 



XVI INTRODUCTION. 

in such trustee, or such smaller interest as may be re- 
quired under the arrangement. 

Where any school or any interest therein has been trans- 
ferred by the managers to the school board of any district 
the board may, by a resolution and with the con- 
sent of the education department, re-transfer such school 
or such interest therein to a body of managers, and upon 
such re-transfer may convey all the interest in the school- 
house and in any endowment belonging to the school 
vested in the board. 

The school board may, from time to time, for a renew- 
able period not exceeding six months, pay the whole or 
any part of the school fees payable at any public elemen- 
tary school by any child resident in their district whose 
parent is in their opinion unable from poverty to pay such 
fees ; but no such payment shall be made or refused on con- 
dition of the child attending any public elementary school 
other than such as may be selected by the parent; and the 
pa3'ment shall not be deemed to be parochial relief. 

If a school board satisfy the education department that, 
on the ground of the poverty of the inhabitants of any place 
in their district, it is expedient for the interests of educa- 
tion to provide a school at which no fees shall be required 
from the scholars, the board may, subject to such rules 
and conditions as the department may prescribe, provide 
such school, and may admit scholars to it without requir- 
ing any fee. 

A school board shall have the same powers of contri- 
buting money in the case of an industrial school as is 
given to a prison authority by " The Industrial Schools 
Act, 1866 ;" and upon the election of a school board in a 
borough the council of that borough shall cease to have 
power to contribute to an industrial school, and a school 
board may establish a certified industrial school, and shall 
for that purpose have the same powers as they have for the 
purpose of providing sufficient school accommodation for 
their district; but the board shall be subject to the juris- 
diction of one of Her Majsty's principal secretaries of state 
in the same manner as the managers of any other indus- 



INTRODUCTION. XVU 

trial school are subject, and the school shall be subject to 
the provisions of that Act, and not of the Elementary 
Education Act. 

The school board shall be elected, in a borough, by the 
persons whose names are on the burgess roll of such 
borough ; and in a parish not situate in the metropolis by 
the ratepayers. 

At every election every voter shall be entitled to a 
number of votes equal to the number of the members of 
the board to be elected, and may give all such votes to 
one candidate, or may distribute them among the candi- 
dates, as he thinks fit. 

The school board shall be a body corporate, and no act 
or proceeding of the board shall be questioned on account 
of any vacancy or vacancies in their body, and no dis- 
qualification of or defect in the election of any persons or 
person acting as members or member of the board shall 
be deemed to vitiate any proceedings of the board in 
which they or he have taken part, in cases where the 
majority of members parties to such proceedings were 
duly entitled to act. 

The members of a school board may apply any money 
in their hands for the purpose of indemnifying themselves 
against any law costs or damages which they may incur 
in or in consequence of the execution of the powers 
granted to them. 

Further rules are contained in the Act with respect 
to the proceedings of school boards, except in the me- 
tropolis. The number of members of a school board shall 
be such number, not less than five nor more than fifteen, 
as may be determined by the education department, and 
afterwards from time to time by a resolution of the board 
approved by the department. 

The department may, at any time after the date at 
which they are authorized to cause a school board to be 
formed, send a requisition to the mayor requiring him to 
take such proceedings ; and in case of default some per- 
son appointed by the department may take such proceed- 
ings, and shall have for that purpose the same powers as 
the person in default. 



XVm INTRODUCTIOIf. 

If from any cause in any school district the school board 
either are not elected at the time fixed for the first elec- 
tion, or at any time cease to be in existence, or to be of 
sufficient number to form a quorum, or neglect or refuse 
to act, the department may proceed in the same manner 
as if the board were in default. 

In case any question arises as to the right of any 
person to act as a member of a school board, the education 
department may, if they think fit, inquire into tbe circum- 
stances of the case, and make order thereon. 

No member of a board, and no manager, shall hold or 
accept any place of profit the appointment to which is 
vested in the board or in any managers, nor shall in any 
way share or be concerned in the profits of any bargain 
or contract with the board or managers ; except as to any 
sale of land or loan of money to a school board, any 
bargain or contract made witli or work done by a com- 
pany in which such member holds shares, or the inser- 
tion of any advertisement relating to the affairs of the 
board in any newspaper in which such member has a 
share or interest, provided he do not vote with respect to 
such sale, loan, bargain, contract, work, or insertion, 
under a penalty not exceeding fifty pounds. 

A school board may appoint a clerk and a treasurer 
and other necessary officers, including teachers, to hold 
office during the pleasure of the board, and may assign 
them salaries or other remuneration, and may from time 
to time remove any of such officers. Two or more boards 
may arrange for the appointment of the same person to 
be an officer to both or all. 

Every school board may appoint an officer to enforce 
any byelaws under the Act with reference to the atten- 
dance of children at school, and to bring children who 
are liable under the Industrial Schools Act, 1866, to be 
sent to a certified industrial school before two justices in 
order to their being so sent. 

The provisions of the Act with respect to tbe formation 
and the election of school boards in boroughs and parishes 
shall not extend to the metropolis. A school board in 
the metropolis shall consist of such number of members 



INTRODUCTION. XIX 

elected by the ten parliamentary divisions into which it is 
divided, as the education department may by order fix, 
and the department, as soon as may be, shall by order deter- 
mine the boundaries of such divisions for the purposes of 
the Act, and the number of members to be elected by 
each : the provisions already mentioned with respect to 
the constitution of the school board shall extend to the 
constitution of the school board in the metrooolis, and 
the name of the school board shall be the School Board 
for London : elections shall take place in the month of 
November every third year on the day from time to time 
appointed by the school board : at every election, every 
voter shall be entitled to a number of votes equal to the 
number of the members of the board to be elected for the 
division, and may give all such votes to one candidate, or 
may distribute them among the candidates, as he thinks 
fit : the members of the board shall, in the city of London, 
be elected by the same persons and in like manner as 
common councilmen are elecited, and in the other divisions 
by the same persons and in the same manner as vestry- 
men under The Metropolis Management Act, 1855. The 
school board shall proceed at once to supply their district 
with sufficient public school accommodation, and any re- 
quisition sent by the education department to such board 
may relate to any of the divisions in like manner as if it 
were a school district. A chairman of the school board 
shall be elected either from the members of the board or 
not, and any chairman who is not an ele/ced member of 
the board shall, by virtue of his office-, be a member of 
the board as if he had been so elected The school board 
shall apportion the amount requir/d to be raised to meet 
the deficiency in the school fund^^mong the different parts 
of the metropolis in propw^n to their rateable value, 
ffnr nMnining pujnuouL tn the amount, the board have 
the like powers as the Metropolitan Board of Works have 
for obtaining payment of any sum assessed by them on 
the same part of the metropolis. 

The school board for London may pay to their chair- 
man such salary as they may from time to time, with 
the sanction of the education department, fix. 



XX INTRODUCTION. 

If at any time application is made to the education 
department by the school board for London, or by any six 
members, and it is shown to the satisfaction of the 
department that the population of any of the divisions 
mentioned, as shown by any census taken under the 
authority of Parliament, has varied materially from that 
shown by the previous census, or that the rateable value 
of any of the divisions has materially varied from the 
rateable value of the same division ten yeai-s previously, 
the department, after inquiry may make an order alter- 
ing, by way of increase or decrease, the number of mem- 
bers of that and any other division. 

Where the education department are of opinion that 
it would be expedient to form a school district larger 
than a borough or a parish, they may, except in the 
metropolis, by order made after such inquiry and notice, 
form a united school district by uniting any two or more 
adjoining school districts, and upon such union cause a 
school board to be formed for the united district. 

The department may cause inquiry to be made into 
the expediency of uniting any two or more districts, and 
if after inquiry they are of opinion that it would be expe- 
dient to unite any such districts, they shall in the notice 
of their decision as to the public school accommodation, 
state that they propose to unite such district. The order 
for the union may be made at the time when the depart- 
ment are first authorised to cause a school board to be 
formed or subsequently. 

The education department may, by order made after 
inquiry and notice dissolve a united school district, and 
may deal with the constituent district thereof, in the same 
manner as if they had never been united, and may cause 
school boards to be elected therein. 

The school board for a limited district shall be such 
number of members elected by the electors of the district 
as may be specified in the order forming the district, 
subject to alteration in the same manner as in the case 
of any other school board ; and every person who in any 
of the districts would be entitled if the district were 
not united to vote at the election of members of a school 



INTRODUCTION. XXI 

board for such constituent district shall be an elector, and 
the provisions of the Act respecting the election of a 
board in a district shall extend to the election of such 
members. 

If the department are of opinion that any parish in a 
united district has too few ratepayers to be entitled to 
act as a separate parish for the purposes of the Act, they 
may by order direct that it shall for the purpose of voting 
for a member or members of the school board, and for all 
or any of the purposes of the Act, be added to another 
parish. 

The education department may direct that one school 
district shall contribute towards the provision or mainte- 
nance of public elementary schools in another district or 
districts, and in such case the district shall pay to the 
school owning district or districts, a proportion of the 
expenses of such provision or maintenance. Where one 
district contributes to the provision or maintenance of 
any school in another district, such number of persons as 
the department direct shall be elected in the contributing 
district, and shall be members of the board of the school 
owning district, but that district shall, except, so far as 
regards the raising of money and the attendance of 
children at school, be deemed alone to be the district 
of such school board. 

The school boards of any two or more school districts 
with the sanction of the education department, may 
combine together for any purpose relating to elementary 
schools, and in particular may combine for the purpose 
of providing, maintaining, and keeping efficient schools 
common to such districts. 

The expenses of the school board shall be paid out of 
a fund called the school fund. There shall be carried to 
the school fund all moneys received as fees from scholars, 
or out of moneys provided by parliament, or raised by 
way of loan, or in any manner whatever received by the 
school board. Any sum required to meet any deficiency 
in the school fund, whether for satisfying past or 
future liabilities, shall be paid by the rating authority 
out of the local rate. 



XXll INTRODUCTION. 

In a united district the school board shall apportion the 
amount required to meet the deficiency in the school 
and among the districts constitutinfr such united district 
in proportion to the rateable value of each such consti- 
tuent district, and may raise the same by a precept sent 
to the rating authority of each constituent district. 
Where one school district contributes to the expenses 
of tlie schools in another school district, the authority 
of the school owning district may send their precept 
either to the school board, if any, or to the rating autho- 
rity of the contributing district, requiring them to pay 
to their treasurer the amount therein specified. 

If the rating authority of any place make default in 
paying the amount specified in any precept of the school 
board ; or where a school board require to raise a sum 
from any place which is part of a parish, then without 
prejudice to any other remedy, the school board may 
appoint an officer or officers to act within such place, and 
to make and levy rates to satisfy their precepts. 

Where a school board incur any expense in providing 
or enlarging a schoolhouse, they may, with the consent 
of the education department, spread the payment over 
several years, not exceeding fifty, and may for that pur- 
j)ose borrow money on the security of the school fund 
and local rate. They maj'^, if they so agree with the mort- 
gagee, pay the amount borrowed, with the interest, by equal 
annual instalments, not exceeding fifty, and if they do 
not so agree, they shall annually set aside one-fiftieth 
of the sum borrowed as a sinking fund. For the purpose 
of such bnrrowing the clauses of " The Commissioners 
Clauses Act, 1847," with respect to the mortgages to be ex- 
ecuted by the commissioners are incorporated with theAct. 

The Public Works Loan Commissioners are empowered 
to lend any money required on the security of the school 
fund and local rate, and the loan shall be repaid within 
a period not exceeding fifty years, at 3^ per cent, inte- 
rest; but any sum borrowed by the school board for 
London, may be borrowed from and may be lent by the 
MetrojKjlitan Board of Works. 

The accounts of the school board shall be made up and 



INTRODUCTION. XXlll 

balanced to the 25th March and 29th September in 
every year. 

The accounts are to be audited by the auditor of accounts 
relating- to the relief of the poor for the audit district in 
which the school district is situate. The audit will be con- 
ducted as near as may be in like manner as a poor-law 
audit ; and the Poor Law Board may from time to time 
make such regulations as may be necessary respecting 
the form of keeping the accounts and the audit of them. 

Where the education department are, after inquiry, 
satisfied that a school board is in default, they 
may by order declare such board to be in default, 
and by the same or any other order appoint any persons, 
not less than five or more than fifteen, to be members of 
such school board, and may from time to time remove 
any member so appointed, and fill up any vacancy in the 
number of members, and add to or diminish the number 
of such members. After the date of the order of appoint- 
ment the persons who were previously members of the 
board shall be deemed to have vacated their offices as if 
they were dead ; but any such member may be appointed 
a member by the education department. 

Where a school board is not elected at the time fixed 
for the first election, or has ceased to be in existence, the 
department may proceed in the same manner as if the 
board had been elected and were in existence. 

The expenses incurred in the performance of their 
duties by the persons appointed by the department to be 
members of a school board, including such remuneration 
as the department may assign to them, shall, to- 
gether with all expenses incurred by the board, be paid 
outof theschool fund; and any deficiency in the school fund 
may be raised by the school board as provided by the Act. 

Where the members of a school board have been ap- 
pointed by the department, such school board shall not 
borrow or charge the school fund with the principal and 
interest of any loan exceeding such amount as the depart- 
ment certify to be required 

Where the department are of opinion that in the case of 
any district the school board are in default, or are not 



XXIV INTRODUCTION. 

properlj^ performing their duties, they may by order direct 
that the then members of the school board shall vacate 
their seats, and that the vacancies shall be filled by a new 
election ; and after the date fixed by any such order the 
then members shall be deemed to have vacated their seats, 
and a new election shall be held in the same manner, and 
the department "shall take the same proceedings for the 

Eurpose of such election as if it were the first election ; 
ut the education department shall cause to be laid before 
both Houses of Parliament in every year a special report 
in respect of any such proceeding. 

On or before the 1st January, 1871, or in the case of 
the metropolis before the expiration of four months from 
the date of the election of the chairman of the school 
board, every local authority, and subsequently any such 
local authority whenever required by the education depart- 
ment, but not oftener than once in every year, shall send 
to the department a return containing such particulars 
with respect to the elementary schools and children re- 
quiring elementary education in their district as the 
department may from time to time require. For the pur- 
pose of obtaining such returns the department shall draw 
up forms, and supply to the local authority such number 
of forms as may be required ; and the managers or prin- 
cipal teacher of every school shall fill up the form, and 
return the same to the local authority within the time 
specified in that behalf. 

The returns shall be made in the metropolis by the 
school board, in boroughs by the council, and in every 
parish not situated in a borough or the metropolis by per- 
sons appointed for the purpose, or by the overseers. 
Where a board is formed, the returns shall be made by 
such school board within their district. 

If any local autiionty fail to make the returns, the edu- 
cation department may appoint any person or persons to 
make such returns, and the person or persons so appointed 
shall for that purpose have the the same powers and au- 
thorities as the local authority. And the department may 
appoint any persons to act as inspectors of returns, who 
shall proceed to inquire into the accuracy and complete- 



INTRODUCTION. XXV 

ness of any one or more returns, and into the efficiency 
and suitability of any school mentioned in any such 
return, or which ouj^ht to have been mentioned, and to 
inspect and examine the scholars in every such school, or 
examine the school books and registers, or make co|)ies or 
extracts therefrom, such school shall not be taken into 
consideration among the schools giving efficient elementary 
education to the district. 

Where a public inquiry is held the education department 
shall appoint some person who shall proceed to hold the 
inquiry, and the person so appointed shall for that pur- 
pose hold a sitting or sittings in some convenient place in 
the neighbourhood of the school district to which the 
subject of inquiry relates, and thereat shall hear, receive, 
and examine any evidence and information oflFered, and 
hear and inquire into any objections or representations 
made respecting the subject of inquiry, with power from 
time to time to adjourn any sitting. Notice shall be 
published of every such sitting (except an adjourned 
sitting) seven days at least before holding it. 

The person appointed shall make a report in writing to 
the education department setting forth the result of the 
inquiry, and stating his opinion on the subject thereof, 
and his reasons for such opinion, and the objections and 
representations, if any, made on the inquiry, and his 
opinion thereon : and the department shall cause a copy 
of such report to be deposited with the school board (if 
any), or, if there is none, the town clerk of the borough, 
or the churchwardens or overseers of the parishes to 
which the inquiry relates, and may make an order directing 
that the costs of the proceedings and inquiry shall be paid, 
according as they think just,, or they may before ordering 
the inquiry to be held, require the applicants to give secu- 
rity for such expenses, and in case of refusal may refuse 
to order the inquiry to be held. 

Every school board may from time to time, with the 
approval of the education department, make byelaws for 
all or any of the following purposes : requiring the parents 
of children of such age, not less than five years nor more 
than thirteen years, as may be fixed by the byelaws to 



XXVI INTRODUCTIOX. 

cause such children (unless there is some reasonable 
excuse) to attend school. Determining' the time durinyj 
which children are so to attend school ; provided that no 
such byelaw shall prevent the wirhdrawal of an}- child 
from any religious observance or instruction in religious 
subjects, or shall require any child to attend school on any 
day exclusively set apart for religious observance by the 
religious body to which his parent belongs, or shall be 
contrary to anything contained in any Act for regulating 
the education of children employed in labour. Providing 
for the remission or payment of the whole or any part of 
the fees of any child where the {)arent satisfies the school 
board that he is unable from poverty to pay the same. 
Imposing penalties for the breach of any byelaws. 
Revoking or altering any byelaw previously made. 

Any byelaw requiring a child between ten and thirteen 
years of age ro attend school shall provide for the total 
or partial exemption of such child from the obligation to 
attend school if one of Her Majesty's inspectors certifies 
that such child has reached a standard of education 
specified in such byelaw. Any of the following reasons 
shall be a reasonable excuse for non-attendance at school ; 
1. That the child is under efficient instruction in some 
other manner: 2. That the child has been prevented from 
attending school by sickness or any unavoidable cause : 
3. That there is no public elementary school open which 
the child can attend within such distance, not exceeding 
three miles, measured according to the nearest road from 
the residence of such child, as the byelaws may prescribe. 

Where any school or any endowment of a school was 
excepted from the Endowed Schools Act, 1869, on the 
ground that such school was at the commencement of 
that Act in receipt of an annual pai-liamentary grant, the 
governing body of such school or endowment may frame 
and submit to the education department a scheme 
respecting such school or endowment, who may approve 
such scheme with or without any modifications as 
they think fit. The same powers may be exercised by 
means of such scheme as may be exercised by means 
of any scheme under the Endowed Schools Act, 1869 ; 



INTRODUCTION. XXVll 

and when approved by the education department, shall 
have effect as if it were a scheme made under that Act. 

Where the manaj^^ers of any public elementary school 
not provided by a school board desire to have their school 
inspected or the scholars therein examined, as well in 
respect of religious as of other subjects, by an inspector 
other than one of Her Majesty's inspectors, such manajicrs 
may, after public notice, fix a day or days not exceeding- 
two in any one year for such inspection or examina- 
tion. On any such day any religious observance may be 
practised, and any instruction in religious subjects given 
at any time during the meeting of the school, but any 
scholar who has been withdrawn by his parent from any 
religious observance or instruction in religious subjects 
shall not be required to attend the school on an}' such day. 

Where a parish is situated partly within and partly 
without a borough, the part situate outside of the borough 
shall be taken to be for all the purposes of the Act, a 
parish by itself, and the ratepayers thereof may meet in 
vestry in the same manner in all respects as if they were 
the inhabitants of a parish. 

The rateable value of any parish or school district shall for 
the purposes of the Act be the rateable value as stated in 
the valuation lists, if any, and if there are none, then as 
stated in the rate book for the time being in force in such 
parish and in the parishes constituting the district ; and 
the overseers and other persons having the custody of 
such valuation lists and rate book are required to produce 
them to the school board. 

IS'otices and other matters required by the Act to be 
published shall, unless otherwise expressly provided, be 
published, — 1. By advertisement in some one or more 
of the newspapers circulating in the district. 2. By 
causmg a copy to be affixed, during not less than twelve 
hours in the day, on Sunday, on or near the principal 
doors of evei'y church and chapel in the district, and 
certificates and all documents required by the Act to be 
served or sent may, unless otherwise expressly provided, 
be served and sent by post. Certificates and other docu- 
ments may be served on a school board by serving the 



XXVIU INTRODUCTION. 

same on their clerk, or by sending the same to or 
delivering the same at the office of such board, and certi- 
ficates and other documents may be in writing or in 
print, or partly in both, and if requiring authentication by 
a school board may be signed by their clerk. 

All orders and docume nts of the education department, 
if purporting to be signed by some secretary or assistant 
secretary of the department, shall, until the contrary is 
proved, be deemed to have been so signed and to have 
been made by the education department, and may be 
proved by the production of a copy thereof purporting to 
have been so signed, and the Documentary Evidence 
Act, 1868, shall aj)ply to the education department, and 
after the expiration of three months from the date of any 
order or requisition of the department no objection to the 
legality thereof shall be entertained in any legal pro- 
ceeding whatever. 

A school board may appear in all legal proceedings by 
their clerk, or by some member of the board duly au- 
thorized. 

The provisions of the School Sites Acts with respect 
to the tenure of the office of the schoolmaster or school- 
mistress, and to the recovery of possession of any pre- 
mises held over by a master or mistress who has been 
dismissed or ceased to hold office, shall extend to the case 
of any school provided by a school board, and of any 
master or mistress of such school, in the same manner as 
if the school board were the trustees or managers of the 
school as mentioned in those Acts. 

Every ratepayer in a school district may at all reason- 
able times, without payment, inspect and take copies of 
and extracts from all books and documents belonging to 
or under the control of the school board, and any person 
who hinders a ratepayer from doing so, or demands a fee 
for allowing him so to do, shall be liable, on summary 
conviction, to a penalty not exceeding five pounds for 
each offence. 

If any returning officer, clerk, or other person engaged 
in an election of a school board wilfully makes or causes 
to be made an incorrect return of the votes j^iven at the 



INTRODUCTION. XXIX 

election, he shall, upon summary conviction, be liable to 
a penalty not exceeding fifty pounds ; and if any person 
wilfully personates any person entitled to vote in the 
election of a school board, or answers falsely any question 
put to him in voting, or falsely assumes to act in the name 
or en the behalf of any person so entitled to vote, he 
shall be liable, on summary conviction, to a penalty not 
exceeding- twenty pounds ; and if any person knowingly 
personate and falsely assume to vote in the name of any 
person entitled to vote in any election, or forge or in any 
way falsify any name or writing in any paper purporting 
to contain the vote or votes of any person voting in any 
such election, or attempt to obstruct or prevent the pur- 
poses of any such election, or wilfully contravene any 
regulation made with respect to the election, the contra- 
vention of which is expressed to involve a penalty, the 
{)erson so offending shall upon summary conviction be 
iable to a penalty of not more than fifty pounds, and in 
default of payment thereof to be imprisoned for a term 
not exceeding six months ; and any person who at the 
election of any member of a school board or any officer 
appointed for the purpose of such election is guilty of 
corrupt practices, shall be liable to a penalty not exceeding 
two pounds, and be disqualified for the term of six years after 
such election from exercising any franchise at any election 
under the Act, or at any municipal or parliamentary election. 
In the case of the borough of Oxford, the provisions of 
the Act relating to boroughs shall be construed as if the 
local board were therein mentioned instead of the council ; 
if a school board is formed in the borough of Oxford, 
one-third of the school board shall be elected by the uni- 
versity of Oxford, or the colleges and halls therein, in such 
manner as may be directed by the education department. 

After the 31st March, 1871, no parliamentary grant shall 
be made to any elementary school which is not a public 
elementary school, and no such grant shall be made in aid 
of building, enlarging, improving, or fitting up any ele- 
mentary school, except in pursuance of a memorial duly 
signed, and containing the information required by the 
education department for enabUng them to decide on the 



XXX INTRODUCTION. 

application, and sent to the department on or before the 
31st December, 1870. 

The conditions required to be fulfilled by an elementary 
school in order to obtain an annual parliamentary grant 
shall be those contained in the minutes of the education 
department in force for the time being, and shall amongst 
other matters provide that after the 31st March, 1871 — 
(1.) Such grant shall not be made in respect of any in- 
struction in religious subjects ; — (2.) Such grant shall not 
for any year exceed the income of the school for that year 
which was derived from voluntary contributions, and from 
school fees, and from any sources other than the par- 
liamentary grant ; but such conditions shall not require 
that the school shall be in connexion with a religious de- 
nomination, or that religious instruction shall be given in 
the school, and shall not give any preference or advantage 
to any school on the ground that it is or is not provided 
by a school board. 

Where the school board satisfy the education depart- 
ment that in any year ending 29th of September the sum 
required for the purpose of the annual expenses of the 
school board of any school district, and actually [)aid to the 
treasurer of such board by the rating authority, amounted 
to a sum which would have been raised by a rate of three- 
pence in the pound on the rateable value of such district, 
and any such rate would have [)roduced less than 201. or 
less than ?s. 6d. per child of the number of children in 
average attendance at the public elementary schools pro- 
vided by such school board, such school board shall be 
entitled, in addition to the annual parliamentary grant in 
aid of the public elementary schools provided by them, to 
such further sum out of moneys provided by parliament 
as, when added to the sum actually so paid by the rating 
authority, would, as the case may be, make up the sum 
of 20/,, or the sum of 7s. 6d. for each child, but no atten- 
dance shall be reckoned for the purpose of calculating 
such average attendance unless it is an attendance as de- 
fined in the said minutes. 

Finally, the education department shall in every year 
cause to be laid before both Houses of Parliament a report of 
tbeir proceedings under the Act during the preceding year. 



THE ELEMENTARY EDUCATION 
ACT, 1870. 



33 & 34 VICT. Chap. 75. 

An Act to provide for Public Elementary 
Education in England and Wales. 

[9th August, 1870.] 

BE it enacted by the Queen's most excellent 
Majesty, by and with the advice and consent 
of the Lords spiritual and temporal, and Commons, 
in this present Parliament assembled, and by the 
authority of the same, as follows j (that is to say,) 



Preliminary. 

1. This Act may be cited as " The Elementary short title 
Education Act, 1870." 

2. This Act shall not extend to Scotland or Ire- Bxtent of 
land. ***• 

3. In this Act— 

The term " metropolis " means the places for Deflnition 
the time being within the jurisdiction of the '*"^''""- 

B 



The Elementary Education Act. 

metropolitan board of works under the 
Metropolis Manag;ement Act, 1855 : 

A table of the parishes and places within the jurisdiclioo 
of the metropolitan board of works will be found in the Ap- 
pendix, post. 

The divisions mentioned in the fifth schedule to this Act are 
the parliamentary divisions of the metropolis for the purpose 
of the election of members of parliament. The division of 
which each parish forms part, is shown in the table ; but it will 
be seen that the parishes and places named embrace a larger 
area than the parliamentary divisions. Tliis, however, will be 
rectified, as by s. 37 (2), post, the education department as 
soon as may be after the passing of this Act shall by order 
determine the boundaries of the divisions for the purposes of 
the Act. 

The table also contains the population according to the 
census of 1861, and the rateable value of each parish as last 
ascertained ; as to which, see sect. 39, post. 

The term " borough " means any place for the time 
being subject to the Act of the session of the 
fifth and sixth years of the reign of King 
William the Fourth, chapter seventy-six, inti- 
tuled " An Act to provide for the regulation 
of Municipal Corporations in England and 
Wales," and the Acts amending the same : 

Schedules (A.) and (B.) of the 5 & 6 Will. 4, c. 76, con- 
tain the names of the municipal boroughs subject to the Act. 
But since that Act many new boroughs have been created 
under it by charrer. 

The term " parish " means a place for which for 
the time being a separate poor rate is or can 
be made : 

The definition of the word " parish," in 29 & 30 "Vict. c. 1 13, 

8. 18, is " a place for which a separate poor rate is or can be 

made, or for which a separate overseer is or can be appointed." 

Of course neither definition applies to an ecclesiastical 

istrict. 

The term " person " includes a body corpo- 
rate: 



33 ^ 34 Vicf. c. 75, s. 3. 

The term " education department " means " tlie 
lords of the committee of the privy council 
on education :" 

The term *' Her Majesty's inspectors " means the 
inspectors of schools appointed by Her Majesty 
on the recommendation of the education de- 
partment : 

This definition will not include inspectors of workhouse 
schools who are appointed by the Poor Law Board. 

The term " managers" includes all persons who 
have the management of any elementary school, 
whether the legal interest in the schoolhouse 
is or is not vested in them : 

Further, with regard to '' managers," see sections 15, 21, 
23 and 24, post. 

The term " teacher " includes assistant teacher, 
pupil teacher, sewing mistress, and every per- 
son who forms part of the educational statF 
of a school : 

The term " parent" includes guardian and every 
person who is liable to maintain or has the 
actual custody of any child : 

This definition of the word " parent" will include " the father 
and grandfather, and the mother and grandmother," ofany 
child, see 43 Eliz. c. 2. s. 7. 

The term " elementary school " means a school 
or department of a school at which elementary 
education is the principal part of the edu- 
cation there given, and does not include any 
school or department of a school at which the 
ordinary payments in respect of the instruction, 
from each scholar, exceed ninepence a week : 

In elementary schools, the children attend from the homes 
of their parents, and cliarge is taken of them during tlie 
school hours only. 

The term " schoolhouse " includes the teacher's 
dwelling house, and the playground (if anyj 
b2 



The Elementary Education Act. 

and the offices and all premises belonging to 
or required for a school : 
The term " vestry " means the ratepayers of a 
parish meeting in vestry according to law : 

That is, every inhabitant who shall by the last rate which 
shall have been made for the relief of the poor have been as- 
sessed and charged upon in respect of any annual rent, profit, 
or value (5H Geo. 3, c. 69, s. 3), and who shall not have re- 
fused or neglected to pay any such rate which shall be due 
from and >hall have been demanded of him (58 Geo 3, c. 6^, 
s. 5), except such rates which shall have been made or become 
due within three calendar months immediately preceding the 
vestry meeting (16 & 17 Vict. c. 65, s. 1), 

The term "ratepayer" includes every person 
who, under the provisions of the Poor Rate 
Assessment and Collection Act 1869, is deemed 
to be duly rated : 

This is an unfortunate definition of the word " rate- 
payer." The Act referred to does not " deem " persons to be 
" duly rated." Under the 43 Eliz. c. 2, s. 1, occupiers are to 
be rated ; and under the Poor Rate Assessment and Collec- 
tion Act, 1869, when sect, 4 of that Act has been adopted 
by the vestry of the parish, the owners of hereditaments 
not exceeding a certain annual rateable value are to bo 
rated in lieu of the occupiers of such hereditaments, and 
in such case the franchise of the occupier, which, as 
regards rating, depends upon the payment of the poor 
rate is preserved to such occupier; but the occupier in 
such case is not by the Act " deemed to be duly rated." 
Then it is by no means clear that the owners who are 
rated in lieu of the occupiers are entitled to vote in 
vestry, seeing that sect. 6 of the Small Tenements Rating Act 
(13 & 14 Vict. c. 99), is not re-enacted in the Poor Rate 
Assessment and Collection Act, 1869. 

The term " ratepayer," will of course include females who 
are " duly rated" under the Vestries Act, 58 Geo. 3, c. 69; 
they as well as males are entitled to vote in vestry. 

The term "parliamentary grant" means a grant 
made in aid of an elementary school, either 
annually or otherwise, out of monies provided 
by parliament for the civil service, intituled 
" For Public Education in Great Britain." 



33 ^ 34 Ttct. c. 76, s. 6. 



(I.) Local Provision for Schools. 

4. For the purposes of this Act the respective school di»- 
districts, hoards, rates and funds, and authorities ^^uief''" 
described in the first schedule to this Act shall be 
the school district, the school board, the local rate, 
and the rating authority. 



Supply of Schools. 

5. There shall be provided for every school dis- school dis- 
trict a sufficient amount of accommodation in public Efficient"** 
elementary schools (as hereinafter defined) available puwic 
for all the children resident in such district for whose '^ °°*' 
elementary education efficient and suitable provision 

is not otherwise made, and where there is an insuffi- 
cient amount of such accommodation, in this Act 
referred to as " public school accommodation," the 
deficiency shall be supplied in manner provided by 
this Act. 

The school districts are 

1. The metropolis, according to the 18 & 19 Vict. c. 120, 

schedules (A.), (B.), and (C.) 

2. Boroughs under the Municipal Corporations Act, 5 &6 

Will. 4, c. 76, except O.vford. 

3. The district of the local board of health of Oxford. 

4. Parishes for which a separate poor rate is or can be 

made. 
See the section 7, post, which defines what public 
elementai-y schools shall be. 

6. Where the education department, in the man- supply of 
ner provided by this Act, are satisfied and have ^^^f '" 
given public notice that there is an insufficient deficiency, 
amount of public school accommodation for any 
school district, and the deficiency is not supplied as 
hereinafter required, a school board shall be formed 



The Elementary Edttcation Act. 



BegulatiOBS 
for conduct 
of public 
elementary 
srbool. 



for such district and shall supply such deficiency, 
and in case of default by the school board the edu- 
cation departmeut shall canse the duty of such board 
to be performed in manner provided by this Act 

See sections 8 and 9, pout, as to the action of the edncation 
department, and section 9 as to the supply of a deficiency of 
school accommodation without the intervention of a school 
board. 

As to the action of the edncation department when a school 
board is in default, see sections 63-66, post. 

7. Every elementary school which is conducted 
in accordance with the following regulations shall be 
a })ublic elementary school within the meaning of 
this Act ; and every public elementary school shall 
be conducted in accordance with the following regu- 
lurions (a copy of which regulations shall be con- 
spicuously put up in every such school) ; namely, 
(1.) It shall not be required, as a condition of any 
child being admitted into or continuing in 
the school, that he shall attend or abstain 
from attending any Sunday school, or any 
place of religious worship, or that he shall 
attend any religious observance or any 
instruction in religious subjects in the 
school or elsewhere, from which observance 
or instruction he may be withdrawn by 
his parent, or that he shall, if withdrawn 
by his parent, attend the school on any 
day exclusively set apart for religious 
observance by the religious body to which 
his parent belongs : 
See section 14, and s. 74 (2) post, as to religions edncation. 

(2.) The timp or times during which any religious 
observance is practised or instruction in 
religious subjects is given at any meeting 
of the school shall be either at the begin- 
ning or at the end or at the beginning and 
the end of such meeting, and shall be 



33 ^ 34 Vict. c. 75, s. 8. 

inserted in a time table to be approved by 
the education department, and to be kept 
permanently and conspicuously affixed in 
every schoolroom; and any scholar may 
be withdrawn by his parent from such 
observance or instruction without forfeit- 
ing any of the other benefits of the 
school : 

See also section 14, and s. 7i,post, as to religious educhtion. 

(3.) The school shall be open at all times to the 
inspection of any of Her Majesty's inspec- 
tors, so, however, that it shall be no part 
of the duties of such inspector to inquire 
into any instruction in religious subjects 
given at such school, or to examine any 
scholar therein in religious knowledge or 
in any religious subject or book : 

(4.) The scliool shall be conducted in accordance 
with the conditions required to be fulfilled 
by an elementary school in order to obtain 
an annual parliamentary grant : 



Proceedings for Supply of Schools. 

8. For the purpose of determining with respect to Detenmna- 
every school district the amount of public school educauon 
accommodation, if any, required for such district, department 
the education department shall, immediately after of pubulT" 
the passing of this Act, cause such returns to be ^c^„o<ja. 
made as in this Act mentioned, and on receiving uon. 
those returns, and after such inquiry, if any, as they 
think necessary, shall consider whether any and what 
public school accommodation is required for such 
district, and in so doing they shall take into considera- 
tion every school, whether public elementary or not, 
and whether actually situated in the school district 



8 The Elementary JEducation Act. 

or not, whicli in their opinion gives, or will when 
completed give, efficient elementary education to, 
and is, or will when completed be, suitable for the 
children of such district. 

See sections 67-72, po9t, as to returns. 

Notice by 9. The education department shall publish a 
departmMit notice of their decision as to the public school accom- 
of pubuc modation for any school district, settina: forth with 

tchool ac- 11. 1 J ..", Ml 

commodation rcspect to such distnct the descnption thereof, the 
required. number, size, and description of the schools (if any) 
available for such district, which the education 
department have taken into consideration as above 
mentioned, and the amount and description of the 
public school accommodation, if any, which appears 
to them to be required for the district, and any 
other particulars which the education department 
think expedient. 

If any persons being either — 
(1.) Ratepayers of the district, not less than ten, 
or if less than ten bein^ rated to the poor 
rate upon a rateable value of not less than 
one-third of the whole rateable value of 
the district, or, 
(2.) The managers of any elementary school in 
the district, 

feel aggrieved by such decision, such persons may, 
within one month after the publication of the notice, 
apply in writing to the education department for 
and the education department shall direct the hold- 
ing of a public inquiry in manner provided by this 
Act 

See note, ante, p. 4, as to the word " ratepayers." 
A8 in section 73, post, as to public inquiries. 

At any time after the expiration of such month, 
if no public inquiry is directed, or after the receipt 
of the report made after such inquiry, as the case 



33 ^ 34 Vict, c. 75, s. 11. 9 

may be, the education department may, if they think 
that the amount of public school accommodation for 
the district is insufficient, publish a final notice 
stating- the same particulars as were contained in the 
former notice, with such modifications (if any) as 
tliey think fit to make, and directing that the public 
school accommodation therein mentioned as required 
be supplied. 

The Act does not indicate who is to supply the public school 
acconamodation on the direction of the education department. 
It seems that the department is to give a dii-ection that it be 
supplied, and if the direction be not complied with by some 
one or other, that the school board shall be formed. 

Section 41, post, provides for uniting school districts. 

10. If after the expiration of a time, not exceed- FomiaUou 
ing six months, to be limited by the final notice, board'and 
ttie education department are satisfied that all the J"®''"^^-|J'e" 
public school accommodation required by the final schoou. 
notice to be supplied has not been so supplied, nor 

is in course of being supplied with due despatch, the 
education department shall cause a school board to 
be formed for the district as provided in this Act, 
and shall send a requisition to the school board so 
formed requiring them to take proceedings forthwith 
for supplying the public school accommodation men- 
tioned in the requisition, and the school board shall 
supply the same accordingly. 

See section 29, et seq., post, as to the constitution of school 
boards. 

11. If the school board fail to comply with the Proceeding* 
requisition within twelve months after the sending Khoo/board' 
of such requisition in manner aforesaid, they shall 

be deemed to be in default, and if the education 
department are satisfied that such board are in de- 
fault they may proceed in manner directed by this 
Act with respect to a school board in default. 

See sections 68-66, post, as to defaulting school boards. 
b3 



10 Tlie E^emmtaty Edrtcaiion Act, 

FormatUrtiof 12. In the following cases, (that is to say,) 
without (1.) Where application is made to the education 

ippHcation!" department with respect to any school 

district by the persons who, if there were 
a school board in that district, would elect 
the school board, or with respect to any 
borough, by the council ; 

(2.) "Where the education department are satisfied 
that the managers of any elementary school 
in any school district are unable or un- 
willing any longer to maintain such school, 
and that if the school is discontinued the 
amount of public school accommodation 
for such district will be insufficient, 
the education department may, if they think fit, 
without making the inquiry or publishing the 
notices required by this Act before the formation of 
a school board, but after such inquiry public or 
other, and such notice as the education department 
think sufficient, cause a school board to be formed 
for such district, and send a requisition to such 
school board in the same manner in all respects as 
if they had published a final notice. 

An application for the purposes of this section 
may be made by a resolution passed by the said 
electing body after notice published at least a week 
previously, or by the council, and the provisions of 
the second part of the second schedule to this Act 
with respect to the passing of such resolution shall 
be observed. 

See section 29, et seq., post, as to the constitution of school 
boards, and also section 93, as to Oxford. 

See section 9, ante, as to inquiries by the education depart- 
ment, and as to the publication of a tinal notice, see the same 
section . 



rroceedingi 13. After the receipt of any returns under this 

tlonlie^Vrt- ^^^ Subsequently to the first w-ith respect to any 

ment after school district, and after such inquiry as the educa- 

Ihe first ' ^ •' 



33 c} 34 Vict c. 75, s. 15. 11 

tion department think necessary, the education 
department shall consider whether any and what 
public school accommodation is required in such 
district in the same manner as in the case of the 
first returns under this Act, and where in such dis- 
trict there is no school board acting under this Act 
they may issue notices and take proceedings in the 
same manner as they may after the receipt of the 
first returns under this Act, and where there is a 
school board in such district they shall proceed in 
manner directed by this Act. 

As to returns under the Act, see section 8, ante, and see 
section 9, ante, as to public school accommodation. This 
section enables the education department from time to time 
to review the school accomniodation required for any district. 

Management and Maintenance of Schools by 
School Board. 

14. Every school provided by a school board Management 
shall be conducted under the control and manage- by «^hwi 
ment of such board in accordance with the following i'°*"'- 
regulations : 

(1.) The school shall be a public elementary 
school within the meaning of this Act : 

See the definition of " elementary schools," ante, p. 3, 
and also section 7, ante. 

(2.) No religious catechism or religious formulary 
which is distinctive of any particular de- 
nomination shall be taught in the school. 

See section 74 (2) as to the withdrawal of children fi-om 
attendfince on any religious observance or instruction in 
religious subjects. 

15. The school board may, if they think fit, Appoiutment 
from time to time delegate any of their powers by^cho^*" 
under this Act except the power of raising money, ^ard. 
and in particular may delegate the control and 



12 



The Elementary Education Act. 



?!eglect by 
board of 
regulations 
of public 
vlementary 
•cbools. 



Feet of 
thildren. 



management of any school provided by them, with 
or without any conditions or restrictions, to a body 
of managers appointed by them, consisting of not 
le>s than three persons. 

The school board may from time to time remove 
all or any of such managers and within the limits 
allowed by this section add to or diminish the 
number of or otherwise alter the constitution or 
powers of any body of managers formed by it 
under this section. 

Any manager appointed under this section may 
resign on giving written notice to the board. The 
rules contained in the third schedule to this Act 
respecting the pi-oceedings of bodies of managers 
appointed by a school board shall be observed. 

16. If the school board do or permit any act in 
contravention of or fail to comply with the regula- 
tions according to which a school provided by them 
is required by this Act to be conducted, the educa- 
tion department may declare the school board to be 
and such board shall accordingly be deemed to be a 
board in default, and the education department may 
proceed accordingly, and every act or omission of 
any member of the school board, or manager 
appointed by them, or any person under the control 
of the board, shall be deemed to be permitted by 
the board, unless the contrary be proved. 

If an}' dispute arises as to whether the school 
board have done or permitted any act in contra- 
vention of or have failed to comply with the said 
regulations, the matter shall be referred to the 
education department, whose decision thereon shall 
be final, 

As to school boards in default, see sections 63-66, pott. 

Tiiis section, it will be seen, practically confers upon the 
education department supreme authority with regard to ele- 
mentary sciiools which cannot be questioned, seeing that 
there is no appeal from the decision of the department. 

17. Every child attending a school provided by 
any school board shall pay such weekly fee as may 



33 ^ 34 Vict. c. 75, s. 18. 18 

be prescribed by the school board, with the consent 
of the education department, but the school board 
may from time to time, for a renewable period 
not exceeding six months, remit the whole or any 
part of such fee in the case of any child when ihey 
are of opinion that the parent of such child is un- 
able from poverty to pay the same, but such remis- 
sion shall not be deemed to be parochial relief given 
to such parent. 

See section 74 (3), post, as to bye laws in respect of the 
remission of school fees. 

The 2 Will. 4, c. 45, a. 86, disqualifies peraons in the 
receipt of parochial relief from being registered as voters for 
any city or borough; and by 30 & 31 Vict. c. 102, s. 40, the 
same disqualification applies to counties also. Hence the 
provision in the latter part of this section, which is similar to 
that in the 30 & 31 Vict. c. 84, s. 26, with regard to 
vaccination, at the cost of the poor rates. 

Relief is now for the most part union and not parochial 
relief. 

18. The school board shall maintain and keep Maintenance 
efficient every school provided by such board, and ^aJd^'^j ' 
shall from time to time provide such additional schools and 
school accommodation as is, in their opinion, neces- gc^T"* 
sary in order to supply a sufficient amount of public accommoda- 
school accommodation for their district. 

A school board may discontinue any school pro- 
vided by them, or change the site of any such school, 
if they satisfy the education department that the 
school to be discontmued is unnecessary, or that 
such change of site is expedient. 

If at any time the education department are 
satisfied that a school board have failed to })erform 
their duty, either by not maintaining or keeping 
efficient every school provided by them, or by not 
providingsuch additional school accommodation as in 
the opinion of the education department is necessary 
in order to supply a sufficient amount of public 
school accommodation in their district, the education 
department may send them a requisition requiring 
them to fulfil the duty which they have so failed to 



14 



The Elementary Education Act. 



perform; and if the school board fail within the 
time limited by such requisition, not being less 
than three months, to comply therewith to the 
satisfactii)n of the education department, such 
board shall be deemed to be a school board in 
default, and the education department may proceed 
accordingly. 

See sections 63-66, post, as to school boards in default. 

Powers of 19. Eveiy school board for the purpose of pro- 
•chooi board viding Sufficient public school accommodation for 
schools. ' their district, whether in obedience to any requisi- 
tion or not, may provide, by building or otherwise, 
schoolhouses properly fitted up, and improve, en- 
large, and fit up any schoolhouse provided by them, 
and supply school apparatus and everything neces- 
sary for the efficiency of the schools provided by 
them, and purchase and take on lease any land, and 
any right over land, or may exercise any of such 
powers. 

By reference to section 96, post, it will be seen that no 
application for parliamentary grants in aid of building 
elementary schools can be received after Slst December, 1870. 

20. With respect to the purchase of land by 
school boards for the purposes of this Act the fol- 
lowing provisions shall have effect; (that is to say,) 
(1.) The Lands Clauses Consolidation Act, 1845, 
and the Acts amending the same, shall be 
incorporated with this Act, except the 
provisions relating to access to the special 
Act; and in construing those Acts for 
the purposes of this section the special 
Act shall be construed to mean this Act, 
and the promoters of the undertaking 
shall be construed to mean the school 
board, and land shall be construed to in- 
clude any right over land : 

The Lands Clauses Consolidation Act, 1845, and the Acts 



Compulsory 
purchase of 
sites. 

Regulations 
as to the 
purchase of 
land com- 
pulsorily. 



33 ^ 34 Vict. c. 75, s. 20. 15 

BDiending the same, are the following : 8 Vict. c. 18; 
23 & 24 Vict. c. 106; 32 & 33 Vict. c. 18. They will be 
found fully annotated, with the whole of the decisions upon 
them, up to the latest period, in the second volume of Shelford's 
Law of Railways, fourth edition, by the author of the present 
work. 

The provision relating to access to the principal Act is con- 
tained in section 150 of the 8 Vict. c. 18, and would be inap- 
plicable to the subject of the present Act ; hence its exclusion. 

The words " any right over land" would include an ease- 
ment over land, such as a right of way required by the school 
board to obtain access to their school premises ; and this they 
could acquire under the Act, without purchasing the land itself. 

(2.) The school board, before putting in force any 
of the powers of the said Acts with respect 
to the purchase and taking of land other- 
wise than by agi-eement, shall — 

As to those powers, see section 16 et seq., of 8 Vict. c. 18, 
and the notes and cases thereon, in the second volume uf 
Glen's Shelford on Railway Law. 

(a.) Publish, during three consecutive Publication 
weeks in the months of October "^ "<>«««»• 
and November, or either of 
them, a notice describing shortly 
the object for which the land is 
proposed to be taken, naming 
a place where a plan of the land 
proposed to be taken may be 
seen at all reasonable hours, and 
stating the quantity of land that 
they require ; and shall further. 

See section 80, post, as to the mode of publishing notices. 

(b.) After such publication, serve a no- service ot 
tice in manner mentioned in this ''<'"<^»- 
section on every owner or re- 
puted owner, lessee or reputed 



16 The Elementary Education Act. 

leasee, and occupier of such land, 
defining in each case the par- 
ticular land intended to betaken, 
and requiring an answer stating 
whether the person so served 
assents, dissents, or is neuter in 
respect of taking such land ; 
(c.) Such notice shall be served — 
(a.) By delivery of the same person- 
ally on the person required to 
be served, or, if such person is 
absent abroad, to his agent ; 
or 
(b.) By leaving the same at the usual 
or last known place of abode 
of such person as aforesaid, or 
by forwarding the same by 
post in a registered letter, 
addressed to the usual or last 
known place of abode of such 
person : 

Petition to (3.) Upon Compliance with the provisions con- 
education tained in this section with respect to no- 
tices the school board may, if they think 
fit, present a petition under their seal to 
the education department, praying that 
an order may be made authorizing the 
school board to put in force the powers of 
the said Acts with respect to the purchase 
and taking of land otherwise than by 
agreement, so far as regards the land 
therein mentioned ; the petition shall 
state the land intended to be taken and 
the purposes for which it is required, and 
the names of the owners, lessees and occu- 
piers of land who have assented, dissented, 
or are neuter in respect of the taking of 
such land, or who have returned no answer 
to the notice, and shall be supported by 



33 ^ 34 Vict c. 75, *. 20. 17 

such evidence as the education depart- 
ment may from time to time require : 

See section 30 (1), post as to the incorporation of the 
school board and their common seal, 

(4.) If, on consideration of the petition and proof 
of the publication and service of the pro- 
per notices, the education department think 
fit to proceed with the case, they may, if 
they think fit, appoint some person to in- 
quire in the district in which the land is 
situate respecting the propriety of the pro- 
posed order, and also direct such person 
to hold a public inquiry ; 

(5.) After such consideration and proof, and after 
receiving a report made upon any such 
inquiry, the education department may 
make the order prayed for, authoriz- 
ing the school board to put in force with 
reference to the land referred to in such order 
the powers of the said Acts with respect 
to the purchase and taking of land other- 
wise than by agreement, or any of them, 
and either absolutely or with such condi- 
tions and modifications as they may think 
fit, and it shall be the duty of the school 
board to serve a copy of any order so 
made in the manner and upon the persons 
in which and upon whom notices in respect 
of the land to which the order relates are 
required by this Act to be served : 

Duplicate copies of the order will doubtless be supplied 
by the education department for service ; the copy will be 
served according to the previous sub-section (2), sub-division 
(c). 

(6.) No order so made shall be of any validity so order 
unless the same has been confirmed by '*"'* ""*" 



18 



Tlte Elementary Education Act. 



conflrtned b; 
parliament. 



Costs how 
to be de- 
frayed. 



Act of parliament ; and it shall be lawful 
for the education department, as soon as 
conveniently may be, to obtain .such con- 
firmation, and the Act confirming such 
order shall be deemed to be a public 
general Act of parliament : 

The conflrtnation of the order will not be obtained in the 
same way Ihat the confirmation of provisional orders by par- 
liament is obtained by the board of trade or the secretary of 
state, or Poor Law Board. There the bill for confirming the 
order is dealt with, and may be petitioned against in like 
manner as a private bill, and when it is passed it is classed 
amonsrst the private Acts of parliament. Here the Act is to 
be deemed a public general Act of parliament, and petitioners 
against the bill cannot be heard before a select committee as 
in the case of a bill for confirming a provisional o der; more- 
over, though essentially of a local and personal nature, the 
Act will be classed amongst the public general Acts, thus 
breaking through the rule so recently established by Sir John 
George Shaw Lefevre, as to the classification of the statutes. 

(7.) The education department, in case of their 
refusing or modifying such order, may 
make such order as tliey think fit for the 
allowance of the costs, charges, and ex- 
penses of any person whose land is pro- 
posed to be taken of and incident to 
such application and inquiry respectively : 

(8.) All costs, charges, and expenses incurred by 
the education department in relation to 
any order under this section shall, to such 
amount as the commissioners of Her Ma- 
jesty's treasury thmk proper to direct, and 
all costs, charges, and expenses of any 
person which shall be so allowed by the 
education department as aforesaid shall, 
become a charge upon the school fund of 
the district to which such order relates, 
and be repaid to the said commissioners of 
Her Majesty's treasury or to such person 
respectively, by annual instalments not 



33 ^ 34 Vict. c. 75, s. 21. 19 

exceeding five, together with interest after 
the yearly rate of five pounds in the hun- 
dred, to be computed from the date of any- 
such direction of the said commissioners, 
or allowance of such costs, charges, and 
expenses respectively upon so much of the 
principal sum due in respect of the said 
costs, charges, and expenses as may from 
time to time remain unpaid. 
The School Sites Act:s as defined in the fourth 
schedule to this Act shall apply in the same manner 
as if the school board were trustees or managers of 
a school within the meaning of those Acts, and land 
may be acquired under any of the Acts mentioned 
in this section, or partly under one and partly under 
another Act. 

The Acts referred to as being mentioned in the latter part 
of this section are the Lands Clauses Consolidation Act, 1845, 
and the Acts amending t))e same. 



21. For the purpose of the purchase by the ma- Purchuse of 
nagers of any public elementary school of a school- managers of 
house for such school, or a site for the same, " The ^^^^'^ «i«- 
Lands Clauses Consolidation Act, 1845," and the school. 
Acts amending the same, (except so much as relates 
to the purchase of land otherwise than by agree- 
ment,) shall be incorporated with this Act ; and in 
construing those Acts for the purposes of this sec- 
tion the special Act shall be construed to mean this 
Act, and the promoters of the undertaking shall be 
construed to mean such managers, and land shall be 
construed to include any right over land. 

The conveyance of any land so purchased may be 
in the form prescribed by the School Sites Acts, or 
any of them, with this modification, that the con- 
veyance shall express that the laud shall be held 
upon trust for the purposes of a public elementary 
school within the meaning of this Act, or some one 



20 The Elementary Education Act. 

of such purposes which may be specified, and for no 
other purpose whatever. 

Land may be acquired under the Acts incorpo- 
rated with this section, or under the School Sites 
Acts, or any of them, or partly under one and partly 
under another Act. 

Any persons desirous of establishing a public 
elementary school shall be deemed to be managers 
for the purpose of this section if they obtain the 
approval of the education department to the estab- 
lishment of such school. 

Thi8 section was introduced in the House of Lords. It 
will be seen that it has reference to the purchase of schools 
and sites by the managers of public elementary schools ; sec- 
tion 20 has reference to the purchase of land by school 
boards. 

As to the incorporated Lands Clauses Acts, see note to 
section 20 (1), ante. 

Sale or lease 22. The provisions of the Charitable Trusts Acts, 
house.""'" 1853 to 18G9, which relate to the sale, leasing, and 
exchange of lands belonging to any charity, shall 
extend to the sale, leasing, and exchange of the 
whole or any part of any land or schoolhouse be- 
longing to a school board which may not be required 
by such board, with this modification, that the edu- 
cation department shall for the purposes of this sec- 
tion be deemed to be substituted in those Acts for 
the charity commissioners. 

The provisions referred to of the Charitable Trusts Act are 
contained in 16 & 17 Vict. c. 137, 18 & 19 Vict. c. 124, 23 & 
24 Vict. c. 136, 25 & 26 Vict. c. 112, and 32 & 33 Vict. c. 
110 They will be found in the Appendix, post. Further, 
with reference to this section and those Acts, see section 78, 
post. 

Manageri 23, The managers of any elementary school in 

school uT " the district of a school board may, in manner pro- 

•chooi board, vided by this Act, make an arrangement with the 

school board for transferring their school to such 

school board, and the school board may assent to 

such arrangement. 



33 Sf 34 Vict. c. 75, s. 23. 21 

An arrangement under this section may be made 
by the managers by a resolution or other act as 
follows ; (that is to say,) 

(1.) Where there is any instrument declaring the 
trusts of the school, and such instrument 
provides any manner in which or any 
assent with which a resolution or act 
binding the managers is to be passed or 
done, then in accordance with the provi- 
sions of such instrument : 

(2.) Where there is no such instrument, or such 
instrument contains no such provisions, 
then in the manner and with the assent, if 
any, in and with which it may be shown 
to the education department to have been 
usual for a resolution or act binding such 
managers to be passed or done ; 

(3.) If no manner or assent can be shown to have 
been usual, then by a resolution |)assed by 
a majority of not less than two-thirds of 
those members of their body who are pre- 
sent at a meeting of the body summoned 
for the purpose, and vote on the question, 
and with the assent of any other person 
whose assent under the circumstances 
appears to the education department to be 
requisite. 

And in every case such arrangement shall be made 
only— 

(1.) With the consent of the education depart- 
ment; and, 

(2.) If there are annual subscribers to such school, 
with the consent of a majority, not being 
less than two-thirds in number, of those of 
the annual subscribers who are present at 
a meeting duly summoned for the purpose, 
and vote on the question. 

A question will here arise as to who is an " annual sub- 
scriber." Will one who is in arrear with one or more annual 



22 The Elementary Education Act. 

subscriptions have a ri^^^ht to be present and vote, or will as 
many as like to come forward and pay only one annual sub- 
scription have a like right ? Perhaps, however, it may be 
found that the instrument if there be one, declaring the trusts 
of the school, defines who shall be deemed annual subscribers. 

Provided that where there is any instrument de- 
claring the trusts of the school, and such instrument 
contains any provision for the alienation of the 
school by any persons or in any manner or subject 
to any consent, any arrangement under this section 
shall be made by the persons in the manner and 
with the consent so provided. 

Where it appears to the education department 
that there is any trustee of the school who is not a 
manager, they shall cause the managers to serve on 
such trustee, if his name and address are known, 
such notice as the education department think 
sufficient ; and the education department shall 
consider and have due regard to any objections and 
representations he may make respecting the pro- 
posed transfer. 

The education department shall consider and have 
due regard to any objections and representations 
respecting the proposed transfer which may be made 
by any person who has contributed to the establish- 
ment of such school. 

After the expiration of six months from the date 
of transfer the consent of the education department 
shall be conclusive evidence that the arrangement 
has been made in conformity with this ^^ection. 

An arrangement under this section may provide 
for the absolute conveyance to the school board of 
all the interest in the schoolhouse possessed by the 
managers or by any person who is trustee for them 
or for the school, or for the lease of the same, with 
or without any restrictions, and either at a nominal 
rent or otherwise, to the school board, or for the use 
by the school board of the schoolhouse during part 



33 c^ 34 Vict. e. 75, s. 24. 23 

of the week, and for the use of the same by the 
manag'ers or some other person during- the remainder 
of the week, or for any arrang^ement that may be 
agreed on. The an-angement may also provide for 
the transfer or application of any endowment belong-- 
ing- to the school, or for the school board undertak- 
ing' to discharge any debt charged on the school not 
exceeding the value of the interest in the school- 
liouse or endowment transferred to them. 

When an arrangement is made under this section 
the managers may, whether the legal interest in tlie 
schoolhouse or endowment is vested in them or in 
some person as trustee for them or the school, con- 
vey to the school board all such interest in the 
schoolhouse and endowment as is vested in them or 
in such trustee, or such smaller interest as may be 
required under the arrangement. 

Nothing in this section shall authorize the ma- 
nagers to transfer any property which is not vested 
in them, or a trustee for them, or held in trust for 
the school ; and where an^^ person has any right 
given him by the trusts of the school to use the 
school for any particular purpose independently of 
such managers, nothing in this section shall autho- 
rize any interference with such right except with the 
consent of such person. 

Every school so transferred shall, to such extent 
and during such times as the school board have 
under such arrangement any control over the 
school, be deemed to be a school provided bv the 
school board. 

24. Where any school or any interest therein has Reiransfer 
been transferred by the managers thereof to the <>' *«'»ooi by 

,11 !(• iij-^"..- p school board 

school board or any school district m pursuance of to managen, 
this Act, the school board of such district may, by 
a resolution passed as hpreinafter mentioned, and 
with the consent of the education department, re- 



The Elementary Education Act. 

transfer such school or such interest therein to a 
body of managers qualified to hold the same under 
the trusts of the school as they existed before such 
transfer to the school board, and upon such re- 
transfer may convey all the interest in the school- 
house and in any endowment belonging to the 
school vested in the school board. 

A resolution for the purpose of this section may 
be passed by a majority of not less than two-thirds 
of those members of the school board who are 
present at a meeting duly convened for the pur- 
pose, and vote on the question. 

The education department shall not give their 
consent to any such re-transfer unless they are 
satisfied that any money expended upon such school 
out of a loan raised by the school board of such 
district has been or will on the completion of the 
re-transfer be repaid to the school board. 

Every school so re-transferred shall cease to be a 
school provided by a school board, and shall be 
held upon the same trusts on which it was held 
before it was transferred to the school board. 

As to the borrowing powers of the school board, see ss. 57 
and 58, post. 

This clause was introduced in the House of Lords. Section 
76, post, provides for the inspection of voluntary schools. 



Miscellaneous Powers of School Board. 

Payment of 25. The school board may, if they think fit, from 
se 00 ees. ^.^^ ^^ time, for a renewable period not exceeding 
six months, pay the whole or any part of the school 
fees payable at any public elementary school by 
any child resident in their district whose parent is 
in their opinion unable from poverty to pay the 
same ; but no such payment shall be made or refused 
on condition of the child attending any public ele- 



33 ^ 34 Vict. c. 76, s. 27. 25 

mentary school other than such as may be selected 
by the parent j and such payment shall not be 
deemed to be parochial relief given to such parent. 

See note to s. 17, ante, p. 13, as to parochial relief. 

26. If a school board satisfy the education Estabiuh- 
department that, on the ground of the poverty of ^hooUn 
the inhabitants of any place in their district, it is special cai<e». 
expedient for the interests of education to provide a 

school at which no fees shall be required from the 
scholars, the board may, subject to such rules and 
conditions as the education department may pre- 
scribe, provide such school, and may admit scholars 
to such school without requiring any fee. 

"The poverty of the inhahitants" contemplated is the 
poverty of those inhabitants whose children are likely to at- 
tend the elementary school. It may be that there are many 
wealthy inhabitants, but that nevertheless the poverty of the 
others may require that a free school shall be provided at 
which their children may attend. The word "place" is 
mentioned, and this means any particular locality in the 
district of the school board in which the very poor do 
congregate. 

27. A school board shall have the same powers of contribu- 
contributing money in the case of an industrial *'°?*° , 

1 1 P . -^ . 1 • 1 • industrial 

school as IS given to a prison authority by section schools, 
twelve of" The Industrial Schools Act, 1866;" and ^^jfj.'^.us. 
upon the election of a school board in a borough the 
council of that borough shall cease to have power 
to contribute under that section. 

Section 12 of the Industrial Schools Act, 1866 (29 & 30 
Vict. c. 118) is as follows : — " In England a prison authority 
may from time to time contribute such sums of money, and 
on such conditions as they think fit, towards the alteration, 
enlargement, or rebuilding of a certified industrial school, or 
towards the support of the inmates of such a school, or 
towards the management of such a school, or towards the 
establishment or building of a school intended to be a cer- 
tified industrial school, or towards the purchase of land re- 
quired either for the use of an existing certified industrial 
C 



i36 



The Elementary Education Act. 



school, or for the site of a school intended to be a certiBcd 
industrial school ; provided, — 

First, that not less than two months previous notice of the 
intention of the prison authority to take into consideration 
the making of such contribution, at a time and place to 
be mentioned in such notice, be given by advertisement 
in some one or more public newspaper or newspapers 
circulated within the district of the county or borough, 
and also in the manner in which notices relating to 
business to be transacted by the prison authority are 
usually given. 
Secondly, that where the prison authority is the council of 
a borough, the order for the contribution be made at a 
special meeting of the council. 
Thirdly, that where the contribution is for alteration, en- 
largement, rebuilding, establishment, or building of a 
school or intended school, or for purchase of land, the 
approval of the secretary of state be previously given for 
that alteration, enlargement, rebuilding, establishment, 
building, or purchase. 
Section 13 of the Industrial Schools Act provides for the 
mode of obtaining the approval of the secretary of state as 
last mentioned ; but looking to section 28 of the present Act, 
the consent of the education department would seem to be all 
that is requisite in the case of a school board acting under 
section 12. 



Establish- 
ment of 
industrial 
school. 



28. A school board may, with the consent of the 
education department, establish, build, and main- 
tain a certified industrial school within the mean- 
ing of the Industrial Schools Act, 1866, and shall 
for that purpose have the same powers as they have 
for the purpose of providing sufficient school accom- 
modation for their district : provided that the 
school board, so far as regards any such industrial 
school, shall be subject to the jurisdiction of one of 
Her Majesty's principal secretaries of state in the 
same manner as the managers of any other indus- 
trial school are subject, and such school shall be 
subject to the provisions of the said Act, and not of 
this Act. 

Section 5 of the 29 & 30 Vict. c. 118, describes an 
industrial school and the managers thereof, as follows : — 
" A school in which industrial training is provided, and in 



as ^ 34 Vict. c. 75, «. 29. 2f 

which children are lodged, clothed, and fed, as well as taught, 
shall exclusively be deemed an industrial school within the 
meaning of this Act. 

" The persons for the time being having the management 
or control of such a school shall be deemed the managers 
thereof, for the purposes of this Act." 

The powers of a school board for the purpose of providing 
sufficient school accommodation for their district are con- 
tained in sections IS), 20, and 22, ante. 

The Industrial Scliools Act, 1866, must be referred to ge- 
nerally for the powers and authorities of the secretary of state 
under it. It will be found in Glen's Poor Law Statutes, 43 
Eliz. c. 2, to the present time. 



Constitution of' School Boards. 

29. The school board shall be elected in manner school 
provided by this Act, — in a borough by the persons ''""'^ ' 
whose names are on the burg:ess roll of such bo- 
rough for the time being in force, and in a parish 
not situate in the metropolis by the ratepayers. 

The first part of schedule 2, post, provides for the mode of 
election. As regards elections by " ratepayers," see note, 
ante, p. 4 j and as to Oxford, see s. 93, post. 

At every such election every voter shall be enti- 
tled to a number of votes equal to the number of 
the members of the school board to be elected, and 
may give all such votes to one candidate, or may 
distribute them among the candidates, as he thinks 
fit. 

This is a mode of voting whereby all the votes can be giren 
for one candidate. It has been generally abandoned in voting 
in charitable societies, and is quite opposed to tlie system of 
voting in vestry and in the election of guardians of the poor. 

The school board in the metropolis shall be 
elected in manner herein-after provided by this 
Act. 

See section SI, post, as to the election of the school board 
in the metropolis. 

c 2 



28 The Elementary Education Act. 



coDsutuUon 30. With respect to the constitution of a 
boajrt.**"' school board the following provisions shall have 
effect : 
(1.) The school board shall be a body corporate, 
by the name of the school board of the 
district to which they belong, having a 
perpetual succession and a common seal, 
with power to acquire and hold land for 
the purposes of this Act without any li- 
cence iu mortmain. 
(2.) No act or proceeding of the school board 
shall be questioned on account of any va- 
cancy or vacancies in their bddy : 

There must, nevertheless, be a quorum of members present 
according to the third schedule, fost, article 1, subsection (e). 

(3.) No disqualification of or defect in the elec- 
tion of any persons or person acting as 
members or member of the school board 
shall be deemed to vitiate any proceed- 
ings of such board in which they or he 
have taken part, in cases where the majo- 
rity of members parties to such proceed- 
ings were duly entitled to act : 

The majority of members present duly entitled to act, and 
parties to the proceedings must however constitute a quorum 
of members . 

(4.) Any minute made of proceedings at meet- 
ings of the school board, if signed by any 
person purporting to be the chairman of 
the board, either at the meeting of the board 
at which such proceedings took place or at 
the next ensuing meeting of the board 
shall be receivable in evidence in all legal 
proceedings without further proof, and 
until the contrary is proved every meeting 
of the school board, in respect to the pro- 
ceedings of which minutes have been so 
made, shall be deemed to have been duly 



33 ^ 34 Vict. c. 75, s. 31. 29 

convened and held, and all the members 
thereof to have been duly qualified to 
act: 

(5.) The members of a school board may apply 
any money in their bands for the pur- 
pose of indemnifying themselves against 
any law costs or damages which they 
may incur in or in consequence of the exe- 
cution of the powers granted to them : 

Practically, therefore, the members will incur no personal 
responsibility in respect of the execution of their powers ; but 
such responsibility will attach if they act ultra vires, that is, 
beyond their statutory powers. But see s. 60, subsection (6), 
post. 

(6.) The rules contained in the third schedule to 
this Act with respect to the proceedings 
of school boards, and the other matters 
therein contained, shall be observed. 

31. With respect to the election under this Act Election of 
of a school board, except in the metropolis, the fol- »«''o«"'o*'^' 
lowing provisions shall have effect : 

(1.) The number of members of a school board 
shall be such number, not less than five 
nor more than fifteen, as may be deter- 
mined in the first instance by the educa- 
tion department, and afterwards from time 
to time by a resolution of the school 
board approved by the education depart- 
ment. 
(2.) The regulations contained in the second 
schedule to this Act with respect to the 
election and retirement of the members of 
the school board, and the other matters 
therein contained, shall be of the same 
force as if they were enacted as part of 
this section. 
(3.) The education department may, at any time 
after the date at which they are autho- 



30 



Tlie Elementary Education Act. 



rised under this Act to cause a school 
board to be formed, send a requisition to 
the mayor or other officer or officers who 
have power to take proceedings for hold- 
ing the election requiring him or them to 
take such proceedings, and the mayor or 
other officer or officers shall comply with 
such requisition ; and in case of default 
some person appointed by the education 
department may take such proceedings, 
and shall have for that purpose the same 
powers as the person in default. 
As to the formation of school boards see sect. 10, ante. 

Non-eiec- 32. If from any cause in any school district the 
«!hcK>i board, school board either are not elected at the time fixed 
for the first election, or at any time cease to be in 
existence, or to be of sufficient number to form a 
quorum by reason of non-election, resignation or 
otherwise, or neglect or refuse to act, the education 
department may proceed in the same manner as if 
there were a school board acting in such district, 
and that board were a board in default. 
As to school boards in default see sect. 63, post. 

33. In case any question arises as to the right of 
any person to act as a member of a school board 
under this Act, the education department may, if 
they think fit, inquire into the circumstances of the 
case, and make such order as they deem just for 
determining the question, and such order shall be 
final unless removed by writ of certiorari during 
the term next after the making of such order. 

With regard to the writ of certiorari, see 5 & 6 W. and 
M. c. 1 1 ; 8 & 9 Will. 3, c. 33 ; 5 Geo. 2, c. 19, ss. 2, 3 ; 13 
Geo. -2, c. 18, 8. 5, and 6 & 6 Will. 4, c. 33, ss. 1, 2, in Glen's 
Poor Law Statutes. 

But see section &4, post, am to the legal effect of requisitions 
of the education department, and also section 44. 

See the correlative provision in 5 & 6 Vict. c. 67, s. 8. Quo 
toarranto, it would seem, would lie notwithstanding. 



Oetermina- 
tion of dis- 
putes as to 
tlie election 
of school 
boards. 



33 .j' 34 Vict. c. 75, s. 35. 31 

34. No member of a school board, and no man- Disquaufica- 
ager appointed by them, shall hold or accept any {j^"of*b™ard' 
place of profit the appointment to which is vested 

in the school board or in any managers appointed 
by them, nor shall in any way share or be concerned 
in the profits of any bargain or contract with or any 
work done under the authority of such school board 
or managers appointed by them : provided that this 
section shall not apply to — 

(1.) Any sale of land or loan of money to a school 

board; or, 
(2.) Any bargain or contract made with or work 
done by a company in which such mem- 
ber holds shares J 
(3.) The insertion of any advertisement relating 
to the aflFairs of any such school board in 
any newspaper in which such member has 
a share or interest, 
if he does not vote with respect to such sale, loan, 
bargain, contract, work, or insertion. 

Any person who acts in contravention of this 
section shall be liable, on summary 'conviction, to a 
penalty not exceeding fifty pounds, and the said 
place of profit and his office as member or manager 
shall be vacant. 

This penal provision will be enforced summarily under 
Jervis's Act, 11 & 12 Vict. c. 43; see s. 92, post, and 
Glen's Jervis's Acts, third edition. 

35. A school board may appoint a clerk and a Appoim- 
treasurer and other necessary officers, including the ™ffi^^' 
teachers required for any school provided by such 
board, to hold office during the pleasure of the 
board, and may assign them such salaries or remu- 
neration (if any) as they think fit, and ma}' from 

time to time remove any of such officers ; but no 
such appointment shall be made, except at the first 
meeting of such board, unless notice in writing has 
been sent to every member of the board. 



32 The Elementary Education Act. 

Two or more school boards may arrange for the 
appointment of the same person to be an officer to 
both or all such boards. 

Such officers shall perform such duties as may be 
assigned to them by the board or boards who 
appoint them. 

It will be seen that the school board have entire control 
over their officers and the fixing of their salaries, and that 
there is no appeal given for the protection of the officer. 

«ToreV" ^^- Every school board may, if they think fit, 

•ttendance appoint an officer or officers to enforce any byelaws 
at school, mifjer this Act with reference to the attendance of 
children at school, and to bring children who are 
liable under the Industrial Schools Act, 1866, to be 
sent to a certified industrial school before two jus- 
tices in order to their being so sent, and any ex- 
penses incurred under this section may be paid out 
of the school fund. 

See section 74 as to the making of bye-laws by school 
boards. 

The following are the provisions of the Industrial Schools 
Act, 1866, as to the classes of children who are liable to be 
detained in certified industrial schools : 

14. Any person may bring before two justices or a magis- 
trate any child apparently under the age of fourteen years 
that comes within any of the following descriptions, 
namely, — 

That is found begging or receiving alms (whether actually or 
under the pretext of selling or offering for sale any thing), 
or being in any street or public place for the purpose of 
80 begging or receiving alms ; 
That is found wandering and not having any home or settled 
place of abode, or proper guardianship, or visible means 
of subsistence ; 
That is found destitute, either being an orphan or having a 
surviving parent who is undergoing penal servitude or 
imprisonment; 
That frequents the company of reputed thieves. 
The justices or magistrate before whom a child is brought 
as coming within one of those descriptions, if satisfied on inquiry 
of that fact, and that it is expedient to deal with him under 
this Act, may order him to be sent to a certified industrial 
school. 

15. Where a child apparently under the age of twelve years 
is charged before two justices or a magistrate with an offence 



33 cj- 34 Vtct. c. 75, s. 37. 83 

punishable by imprisonment or a less punishment, but has 
not been in England convicted of felony, or in Scotland of 
theft, and the child ought, in the opinion of the justices or 
magistrate, (regard being had to his age and to the circum- 
stances of the case.) to be dealt with under this Act, the jus- 
tices or magistrate may order him to be sent to a certified 
industrial school. 

16. Where the parent or step-parent or guardian of a child 
apparently under tlie age of fourteen years represents to two 
justices or a magistrate that he is unable to control the child, 
and that he desires that the child be sent to an Industrial 
school under this Act, the justices or magistrate, if satisfied on 
inquiry that it is expedient to deal with the child under this 
Act, may order him to be sent to a certified industrial school. 

17. Where the guardians of the poor of a union or of a 
parish wherein relief is administered by a board of guardians, 
or the board of management of a district pauper school, or the 
parochial board of a parish or combination, represent to two 
justices or a magistrate that any child apparently under the 
age of fourteen years maintained in a workhouse or pauper 
school of a union or parish, or in a district pauper school, or 
in the poorshouse of a parish or combination, is refractory, or 
is the child of parents either of whom has been convicted of a 
crime or ofience punishable with penal servitude or imprison- 
ment, and that it is desirable that he be sent to an industrial 
school under this Act, the justices or magistrate may, if snatis- 
fied that it is expedient to deal with the child under this Act, 
order him to be sent to a certified industrial school. 

School Board in Metropolis. 

37. The provisions of this Act with respect to schooiboard 
the formation and the election of school boards in poiu. 
boroughs and parishes shall not extend to the 
metropolis; and with respect to a school board in 
the metropolis the following provisions shall have 
effect : 

(1.) The school board shall consist of such num- 
ber of members elected by the divisions 
specified in the fifth schedule to this Act as 
the education department may by order fix : 

See subsection (9) as to the chairman, who need not neces- 
sarily be an elected member, in this respect following the pre- 
cedent of the chairman of the Metropolitan Board of Works. 

(2.) The education department, as soon as may 
c 3 



84 TJie Elementary Education Act. 

be after the passing of this Act, shall by 
order determine the boundaries of the 
said divisions for the purposes of this 
Act, and the nuniber of members to be 
elected by each such division : 

See the table in the Appendix, pott, as to the parishes and 
places within the jurisdiction of the metropolitan board of 
works. 

(3.) The provisions of this Act with respect to 
the constitution of the school board shall 
extend to the constitution of the school 
board under tbis section, and the name 
of the scliool board shall be the School 
Eoard for London : 

As to the Constitution of School Boards, see ss. 29 and 36, 
ante. 

(4.) The first election of the school board shall 
take place on such day, as soon as may be 
after the passing of this Act, as the 
education department may appoint, and 
subsequent elections shall take place in 
the month of November every third 
year on the day from time to time ap- 
pointed by the school board : 

(5.) At every election for each division every 
voter shall be entitled to a number of 
votes equal to the number of the members 
of the school board to be elected for such 
division, and may give all such votes to 
one candidate, or may distribute them 
among the candidates, as he thinks fit : 

The divisions are those specified in the fifth Schedule, post. 
See note to section 20, ante, p. 27, as to the mode of voting. 

(6.) Subject to the provisions contained in this 
section and in any order made by the 
education department under the power 
contained in the second schedule to this 
Act, the members of tho board shall, in 



33 ^ 34 Vict. c. 75, s. 37. 86 

the city of London, be elected by the 
same persons and in like manner as com- 
mon councilmen are elected, and in the 
other divisions of the metropolis shall be 
elected by the same persons and in the 
same manner as vestrymen under The 
Metropolis Management Act, 1855, and 
the Acts amending the same; and, sub- 
ject as aforesaid, the Acts relating to the 
election of common councilmen, and sec- 
tions fourteen to nineteen, and twenty- 
one to twenty-seven, all inclusive, of The 
Metropolis Management Act, 1855, and 
section thirty-six of the Metropolis Ma- 
nagement Amendment Act, 1862, shall, 
so far as is consistent with the tenor 
thereof, apply in the case of the election 
of members of the school board : 
The statutes 12 & 13 Vict. cap. xciv, and 30 & 31 Vict, 
cap. i, regulate the election of common councilmen in the city 
of London. By the latter Act, every male person of full age, 
not subject to any legal incapacity, rated for premises to the 
police or any other rate at an annual value of at least £10, 
and every person on the register of parliamentary voters, or 
entitled to be on the register, is qualified to vote in the election 
of common councilmen in the ward in which the qualifying 
premises shall be situated. But the membera of the school 
board for London are not to be elected for wards but for the 
whole city ; and though they may be elected by the same persons 
it does not seem that they can be elected " in like manner as 
common councilmen." But it will be seen from the second 
schedule, Article (4), post, that the education department may 
make an order as to elections which, so far as relates to the 
meti'opolis, shall supersede any provisions contained in the 
Acts relating to the election of common councilmen, and in 
the Metropolis Management Act, 1855, and the Acts amending 
the same. 

The several sections of the Metropolis Management Acts 
mentioned in this section will be found in the Appendix, 
post. 

Under the Metropolis Local Management Act, " parish- 
ioners " are to elect (section 16). and the word includes 
females. Per Lord Hardwick, C, in Attorney-General v. 
Parker, 3 Atk. 577. " Parishioners is a very large word. 



36 The Elementary Education Act. 

taking in not only inhabitants of the parish, but persons who 
are occupiers of lands that pay the several rates and duties, 
though they are not resident, nor do contribute to the orna- 
ments of the church." Females however it will be seen are 
excluded from voting in the city of London. By 32 & 33 
ViQt. c. 65, 8. 9, they can vote in boroughs. 

(7.) The school board shall proceed at once to 
supply their district with sufficient public 
school accommodation, and any requisi- 
tion sent by the education department ta 
such board may relate to any of the di- 
visions mentioned in the fifth schedule 
to this Act in like manner as if it were 
a school district, and it shall not be ne- 
cessary for the education department to 
pubhsh any notices before sending such 
requisition : 

As to publishing notices see section 9, ante. 

(8.) The education department may, in the order 
fixing the boundaries of such divisions 
name some person who shall be the re- 
turning officer for the purposes of the 
first election of the school board, and the 
person who is to be the deputy returning 
officer in each such division : 

(9.) The chairman of the school board shall be 
elected by the school board, and any 
chairman who may be elected by the 
board may be elected either from the 
members of the board or not, and any 
chairman who is not an elected member 
of the board shall, by virtue of his office, 
be a member of the board as if he had 
been so elected : 

If the chairman be not an elected member he will be in 
addition to the number of elected members as fixed by the 
education department under subsection (1) of this section. 
See s. 38, post, as to paying a salary to the chairman. 

(10.) The school board shall apportion the amount 
required to be raised to meet the deficiency 



33 ^ 34 Ttct. c. 75, s. 39. 37 

in the school fund among the different 
parts of the metropolis mentioned in the 
third column of the first schedule to this 
Act in proportion to the rateable value of 
such parts as shown by the valuation 
lists for the time being in force under 
« The Valuation (Metropolis) Act, 1869," 
or, if any amount is so required before 
any such valuation list comes into force, 
in the same proportion and according to 
the same basis in and according to which 
the then last rate made by the metro- 
politan board of works was assessed : 

By section 19, post, the persons having the custody of valua- 
tion lists and rate books shall, when required by the school 
board, produce such lists and rate books to them, and allow 
the same to be inspected, or copies of them, or extracts from 
them to be made. 

(11.) For obtaining payment of the amount spe- 
cified in any precept sent by the school 
board to the rating authority for any part 
of the metropolis, the school board, in 
addition to any other powers and re- 
medies, shall have the like powers as the 
metropolitan board of works have for ob- 
taining payment of any sum assessed by 
them on the same part of the metropolis. 

See 18 & 19 Vict. c. 120, ss. 172, 173 and 174 ; and 25 & 26 
Vict. c. 102, 88. 12, 13 in the Appendix to this work, as to the 
powers of the Metropolitan Board of Works in this respect, 

38. The school board for London may pay to Payment a< 
the chairman of such board such salary as they ** "*"' 
may from time to time, with the sanction of the 
education department, fix. 

39. If at any time application is made to the AHeration 
education department by the school board foro*°»""^'' 

Ti 1 • 1^ fiij J ormemDers> 

London, or by any six members or tnat boara, ana 
it is shown to the satisfaction of the education 
department that the population of any of the divi- 



38 Tlie Elementary Education Act. 

sions mentioned in the fifth schedule to this Act, as^ 
shown by any census taken under the authority of 
parliament, has varied materially from that shown 
oy the previous census, or that the rateable value 
of any of the said divisions has materially varied 
from the rateable value of the same division ten 
years previously, the education department, after 
such inquiry as they think necessary, may, if they 
think fit, make an order altering, by way of increase 
or decrease, the number of members of that and 
any other division. 

In the Appendix, post, will be found a table of the parishes 
and places within the metropolis, distinguishing the divi:>ion 
(parliamentary) in which each is situated ; and containing 
also the population and annual rateable value of each place. 

As to the proceedings which are to take place should the 
number of members be reduced, eee the first part of the second 
schedule, article 18, post. 

United School Districts. 

Formation 40. Where the education department are of opi- 
depar?ment" "^'^^ ^^^ it would be expedient to form a school dis- 
of united trict larger than a borough or a parish or any school 
district formed under this Act, they may, except in 
the metropolis, by order made after such inquiry 
and notice as herein-after mentioned, form a united 
school district by uniting any two or more ad- 
joining school districts, and upon such union cause 
a school board to be formed for such united school 
district. 

A united school district shall for all the purposes 
of this Act be deemed to be a school district, and 
shall throughout this Act be deemed to be sub- 
stituted for the school districts out of which it is 
constituted, and the school board of the united 
school district shall be the school board appointed 
under this Act, and the local rate and rating autho- 
rity for the united district shall be in each of the 
constituent districts thereof the same as if such 
constituent district did not form part of the united 
school district. 



33 ^ 34 Vicf. c. 75, s. 41. 39 

As to the notice and inquiry referred to in this section, see 
section 41, post. 

If part of the united school district be a borough, the 
council of the borough shall be the rating authority for that 
part; and if the other part be a parish, the overseers shall be 
the rating authority for that part. J f two or more parishes, 
then the overseers of each parish shall be the rating authority. 

41. The education department, as soon as may conditions 
be after the passing of this Act, may cause inquiry °JJ|^^fcJ°" 
to be made into the expediency of uniting any two 
or more school districts, and if after such inquiry 
they are of opinion that it would be expedient to unite 
any such school districts, they shall in the notice of 
their decision as to the public school accommoda- 
tion for such districts state that they propose to 
unite such districts, and the provisions of this Act 
with respect to the application for a public inquiry 
by persons aggrieved by the said notice, and to the 
holding of such public inquiry, and to the final 
notice, shall apply in the case of the proposed 
union of districts, with this qualification, that it 
shall not be necessary to cause a public inquiry to 
be held with respect to the union of districts until 
after the expiration of the period allowed by the 
final notice for the supply of the school accom- 
modation. The order for the union may be made 
at the time when the education department are 
first authorized to cause a school board to be 
formed or subsequently. Where a union of dis- 
tricts is proposed the education department shall 
consider whether any public school accommodation 
is required for the area proposed as the united dis- 
trict instead of for each of the districts constituting 
such area, and their decision as to the public school 
accommodation and the notice of such decision 
shall accordingly refer to such area, and not sepa- 
rately to each of the constituent districts. 

See section 9, ante, p. 8, as to the notice of the education 
department as to the school accommodation requii*ed. 

Section 9, ante, p. 8, and section 73, post, provides for the 
holding of the public inquiry referred to in this seciion. 



40 The Elementary Education Act. 

Asiodisso- 42. The education department may, by order 

unitSiMhooi made after such inquiry and notice as herein-after 

district. mentioned, dissolve a united school district, and 

may deal with the constituent districts thereof in 

the same manner as if they had never been united, 

and may cause school boards to be elected therein. 

The notice hereinafter mentioned is that in section 43, 
infra, as to the formation of school boards. 
See sections 9 — 12, ante. 

48. The education department may at any time, 
after any proceedings after the first returns under 
this Act, if they think fit, cause inquiry to be made 
into the expediency of forming or dissolving a 
united school district, and where they propose at 
any time after such inquiry to form or dissolve a 
united school disti-ict, they shall publish notice of 
the proposed order not less than three months 
before the order is made ; the like persons as are 
authorized to apply for a public inquiry after the 
first returns made under this Act may, if they feel 
aggrieved by the proposed order, apply in like 
manner for a ])ublic inquiry, and the education 
department shall cause a public inquiry to be held, 
and shall consider the report made to them upon 
such inquiry before they make the order for such 
formation or dissolution. 

See section 8, ante, p. 7, as to the first returns under the 
Act, and section 80, post, as to the mode of publication of 
notices. 

As to an application for a public inquiry aee section 9, (1) 
and (2), ante. 



Order to be 44. Any Order of the education department 

formrt'ioJ'or forming or dissolving a united district shall be 

dissolution, evidence of the formation or dissolution of such 

district, and after the expiration of three months 

from the date of such order the district shall be 

presumed to have been duly formed or dissolved, as 



33 ^ 34 Vict. c. 75, s. 47. 41 

the case may be, and no objection to the formation 
or dissolution thereof shall be entertained in any 
legal proceedings whatever. 

The writ of certiorari is not taken away by the Act ; and 
therefore within the three months the order fixing or dis- 
solving the united district may be removed into the Court of 
Queen's Bench for the purpose of being quashed. 

As to the writ oi certiorari, see section 33, ante, p. 30. 

45. The provisions in this Act respecting the con- constitution 
stitution of the school board shall apply to the consti- board m 
tution of the school board in a united school district, ^4°"^^*'*"'*'* 
and the name of the district shall be such as may 

be prescribed by the education department. 

. See sections 29 — 36, ante, as to the constitution of school 
boards. 

46. In a united school district the school board shall Election of 
be such number of members elected by the electors of fn united" 
the district as may be specified in the order forming ^"^.^^^^ ^'«- 
the district, subject nevertheless to alteration in the 

same manner as in the case of any other school board ; 
and every person who in any of the districts con- 
stituting such united district would be entitled if it 
were not united to vote at the election of members 
of a school board for such constituent district shall 
be an elector for the purposes of this section, and 
the provisions of this Act respecting the election of 
a school board in a district shall extend to the elec- 
tion of such members. 

As to the alteration of the number of members constituting 
a school board, see s. 31, (1), ante, p. 29. 

See sect. 29, ante, p. 27, and the first part of the second 
schedule of this Act as to the election of members. In a 
united district the electors of each constituent part will be en- 
titled to vote for all or any of the members proposed for elec- 
tion for the united district. 

47. Where any part of a proposed united school Arrange- 
district includes any district or part of a district in formation 
which there is a school board already acting under ^frtrfct!** 



49 The Elementary Education Act. 

this Act, or where a united school district is dis- 
solved, the education department may by order dis- 
solve the then existing school board, or make all 
necessary changes in the constitution of such ex- 
isting school board, and may by order make proper 
arrangements respecting the schools, property, rights, 
and liabilities of such board, and all arrangements 
which may be necessary. 

The arrangements to be made under this section will be in 
the absolute discretion cf the education department. But 
where real property has been acquired by the school board 
(see 88. 19, 20, ante), some difficulty may arise in regard 
thereto if a united district be dissolved. 

As to small 48. If the education department are of opinion 
parishes. ^\^^^ ^ny parish in a united school district has too 
few ratepayers to be entitled to act as a separate 
parish for the purposes of this Act, they may by 
order direct that it shall for the purpose of voting 
for a member or members of the school board, and 
for all or any of the purposes of this Act, be added 
to another parish, and thereupon the persons who 
would be entitled to vote and attend the vestry if it 
were a parish shall be entitled for the purpose of 
voting and for such purposes, to vote in and attend 
the vestry of the parish to which their parish is so 
added. All the parishes comprised in a united dis- 
trict, or any two or more of them, may be added 
together in pursuance of this section. 

The ratepayers (as to whom, see ante, p. 4), of the smaller 
parish must, under this section, attend the vestry of the larger 
parish. They will not meet for the purposes of the Act in 
their own vestry 

Contributory Districts. 

Contributory 49. The education department my by order direct 

district. that one school district shall contribute towards the 

provision or maintenance of public elementary 

schools in another school district or districts, and in 



33c^34 Vict c. 7b, s. 61. 43 

such case the former (or contributing- district) shall 
pay to the latter (or school owning^ district or dis- 
tricts) such proportion of the expenses of such pro- 
vision or maintenance or a sum calculated in such 
manner as the education department may from time 
to time prescribe. 

60. Where one school district contributes to the Election of 
provision or maintenance of any school in another membereby 

'ill.. I 1 !• 11 contributory 

school district, such number ot persons as the edu- district, 
cation department (having regard to the amount to 
be contributed by the contributing district) direct 
shall be elected in the contributing district, and 
shall be members of the school board of the school 
owning district, but such last-mentioned district 
shall, except so far as regards the raising of money 
and the attendance of children at school, be deemed 
alone to be the district of such school board ; such 
members shall be elected by the school board, if any, 
or, if there is none, b}' the persons who would elect 
a school board if there were one, in the same manner 
as a school board would be elected. 

51. The provisions of this Act with respect to Notices and 
the notices to be published, and the application for f"'|||j^y ^ 
and the holding of a public inquiry in the case of to contribu- 
an order for the formation of an united district, shall **"^ district, 
apply mutatis mutandis, to an order respecting a 
contributory district. 

An order respecting a contributory district shall 
be evidence of the formation of such district, and 
after the expiration of three months from the date 
thereof shall be presumed to have been duly made, 
and no objection to the legality thereof shall be 
entertained in any legal proceeding whatever. 

Any such order may be revoked or altered by an 
order of the education department, and a new order 
may be made in lieu thereof, and all the provisions 
of this Act respecting the making of an order for 



44 



Combination 
of school 
boards. 



The Elementary JEducafion Act. 

contribution shall apply to the making of an order 
for the revocation or alteration of an order for con- 
tribution. 

See 88. 9 and 41, ante, and s. 73, post, with regard to the 
provision in this section. 

Sees. 44, ante, p. 40, and note thereon as to evidence of the 
formation or dissolution of a school district. 

52. The school boards of any two or more school 
districts, with the sanction of the education depart- 
ment, may combine together for any purpose relat- 
ing to elementary schools in such districts, and in 
particular may combine for the purpose of pro- 
viding, maintaining, and keeping eflScient schools 
common to such districts. Such agreements may 
provide for the appointment of a joint body of ma- 
nagers under the provisions of this Act with respect 
to the appointment of a body of managers, and for 
the proportion of the contributions to be paid by 
each school district, and any other matters which, 
in the opinion of the education department, are 
necessary for carrying out such agreement, and the 
expenses of such joint body of managers shall be 
paid in the proportions specified in the agreement 
by each of the school boards out of their school 
fund. 



See 8. 16, ante, p. 11, as to the appointment of managers 
of school boards. 



Scliool fur\i\ 
of school 
board. 



Expenses. 

53. The expenses of the school board under this 
Act shall be paid out of a fund called the school 
fund. There shall be carried to the school fund all 
moneys received as fees from scholars, or out of 
moneys j)rovided by parliament, or raised by way of 
loan, or in any manner whatever received by the 
school board, and any deficiency shall be raised by 
the school board as provided by this Act. 



33 ^ 34 Vict. c. 75, s. 54. 45 

See ss. 17, 25 and 26, ante, as to school fees. 

As to the conditions on which parliamentary grants will be 
made to the school boards, see ss. 96 — 99, post, and Chapter 
II., Part 1, Section 1 of the Revised Code of Regulations of 
the Education Department. 

See 8. 57, post, as to the power of the school board to 
borrow money on the security of the school fund and local 
rates. 

54. Any sum required to meet any deficiency in Deficiency of 
the school fund, whether for satisfying* past or future Jfustd'ou" 
liabilities, shall be paid by the rating- authority out of »' '^t**- 
the local rate. 

The school board may serve their precept on the 
rating- authority, requiring- such authority to pay 
the amount specified therein to the treasurer of the 
school board out of the local rate, and such rating- 
authority shall pay the same accordingly, and the 
receipt of such treasurer shall be -a g-ood discharge 
for the amount so paid, and the same shall be car- 
ried to the school fund. 

If the rating authority have no moneys in their 
hands in respect of the local rate, they shall, or if 
they have paid the amount then for the purpose of 
reimbursing themselves they may, notwithstanding 
any limit under any Act of parliament or otherwise, 
levy the said rate, or any contributions thereto, or 
any increase of the said rate or contributions, and 
for that purpose shall have the same powers of levy- 
ing a rate and requiring contributions as they have 
for the purpose of defraying expenses to which the 
local rate is ordinarily applicable. 

As to the " local rate," see. the third column of the first 
schedule to this Act. 

The " rating authority " is the authority in regard to each 
district specified in the fourth column of the same schedule. 

Section 35, ante, p. 31, enables the school board to appoint 
a treasurer. 

The local authority may levy a separate rate in order to meet 
the precept of the school board j or they may raise the re- 
quisite amount by an addition to any rate they may make ; 
that is to say, they may raise by means of the local rate a 



46 



The Elementary Education Act. 



Apportion- 
ment of 
school fund 
in united 
and contri- 
butory dis- 
trict. 



larger sum than they would require, but for the demand of 
the school board. 

55. In a united district the school board shall 
apportion the amount required to meet the deficiency 
in the school fund among the districts constituting 
such united district in proportion to the rateable 
value of each such constituent district, and may 
raise the same by a precept sent to the rating 
authority of each constituent district. 

Where one school district contributes to the expenses 
of the schools in another school district, the autho- 
rity of the school owning district may send their 
precept either to the school board, if any, or to the 
rating authority of the contributing district, requir- 
ing them to pay to their treasurer the amount therein 
specified, and such authority or board shall pay the 
same accordingly, and the receipt of the treasurer 
shall be a good discharge for the same, and such 
amount, if paid by the school board, shall be paid 
out of the school fund. 

The precept, if sent to the rating authority, either 
on the default of the school board or otherwise, 
shall be deemed to be a precept for meeting a defi- 
ciency in the school fund, and the provisions of this 
Act shall apply accordingly. 

The provisions which are to apply accordingly, are those 
contained in s. 54, ante, p. 45. 



Remedy of 
school board 
on default of 
rating au- 
thority, &c. 



56. In either of the following cases, that is to 

say, 
(i.) If the rating authority of any place make 
default in paying the amount specified in 
any precept of the school board ; or 
(2.) Where a school board require to raise a 
sum from any place which is part of a 
parish, 
then, without prejudice to any other remedy, the 
School board may appoint an officer or officers to act 



33 ^ 34 Vict. c. 75, 5. 67. ' 47 

within such place ; and the ofl&cer or officers so from 
time to time appointed shall have within the said 
place, for the purpose of defraying the sum due 
from such place, all the powers of the rating au- 
thority of levying the local rate and any contribu- 
tions thereto, and also all the powers of making and 
levying a rate which he or they would have if the 
said place were a parish, and such rate were a rate 
for the relief of the poor, and he or they were duly 
appointed an overseer or overseers of such parish, 
and he and they shall have such access to and use 
of the documents of the rating authority of such 
place relative to the local rate, and of all the valua- 
tion lists and rate boots of the parish or parishes 
comprised in or comprising such place, as he or they 
may require. 

Usually in the case of a divided parish, as between a county 
and a borough, the overseers are invested with authority to 
levy a separate rate on the part of the parish liable ; under 
this section the school board are to appoint " an officer or 
officers" to act within such places, but no provision is made 
for payment of any salary to him, or for the audit of his 
account of his collection. It will obviously be impracticable 
for the officer to levy the exact sum required by the school 
boards, and the Act also fails to point out what he shall do 
with the excess, or to whom he shall account for it. 

Reference must be made to the Poor Law Acts as to the 
powers of overseers of the poor to make and levy poor rates. 
Such Acts will be found in Glen's Poor Law Statutes, vols. 
1 and 2. 

57. Where a school board incur any expense in Borrowing 
providing or enlarging a schoolhouse, they may, board"^^ 
with the consent of the education department spread 
the payment over several years, not exceeding fifty, 
and may for that purpose borrow money on the 
security of the school fund and local rate, and may 
charge that fund and the local rate with the pay- 
ment of the principal and interest due in respect of 
the loan. They may, if they so agree with the 
mortgagee, pay the amount borrowed, with the in- 
terest, by equal annual instalments, not exceeding 
fifty, and if they do not so agree, they shall annually 



48 



The Elementary EdtLcation Act. 



10 &U Vict, 
c. 16. 



Borrowing 
by school 
board for 
liOndon. 



set aside one-fiftieth of the sum borrowed as a 
sinking fund. 

For tbe purpose of such borrowing* the clauses of 
" The Commissioners Clauses Act, 1847," with re- 
spect to the mortgages to be executed by the com- 
missioners, shall be incorporated with this Act ; and 
in the construction of those clauses for the purpose 
of this Act, this Act shall be deemed to be the 
special Act, and the school board which is borrowing 
shall be deemed to be the commissioners. 

The public works loan commissioners may, on the 
recommendation of the education department, lend 
any money required under this section on the secu- 
rity of the school fund and local rate without re- 
quiring any further or other security, such loan to 
be repaid within a period not exceeding fifty years, 
and to bear interest at the rate of three and a half 
per centum per annum. 

As to the provision of a sinking fund, see s. 84, of tbe Com- 
missioners Clauses Act, 1847, in the Appendix, jtjoa*. 

The borrowing powers are contained in sections 75 — 88 of 
the same Act. 

The provision for a sinking fund in section 57, ante, and 
section 84 of the Commissioners Clauses Act, 1847, will not 
apply when the loan is obtained from the public works loan 
commissioners. 

58. Any sum borrowed by the school board for 
London in pursuance of this Act, with the approval 
of the education department, may be borrowed from 
and may be lent by the metropolitan board of works, 
and section thirty-seven of the Metropolitan Board 
of Works Loan Act, 1869, shall apply to such loan 
in the same manner as if the managers therein 
mentioned were the school board for London, and 
there were added to the sum therein authorised to 
be borrowed the sum authorit<ed by the education 
department to be borrowed under this section. 

The following is the section of the Act 32 & 33 Vict. c. 102 
here referred to — 
37. Where the managers of the metropolitan asylum dis- 



33 4- 34 Vict. c. 75, s. 59. 49 

trict, require to borrow money under " The Metropolitan 
Poor Act, 1867" and the Acts amending the same, such 
managers may borrow and the board may lend on the secu- 
rity authorized by those Acts such sums as the managers may 
have been authorized by the Poor Law Board, in pursuance of 
those Acts, to borrow, not exceeding in the whole five ban- 
dred thousand pounds. 

For the purpose of raising the money so lent to the man- 
agers, the board may create consolidated stock under the 
provisions of this Act, in like manner and with the like sanc- 
tion as they may create the same for the purpose of raising 
money for the purposes of the Acts nientioned in the first 
Schedule to this Act, and all the provisions of this Act shall 
apply as if such money were raised and stock were created for 
the purposes of the last-mentioned Acts, with this exception, 
that the money required in pursuance of this section, may 
be borrowed by the board in addition to the sum limited by 
this Act. 

All sums received by the board from the said managers in 
respect of intei est on or the principal of such loan shall be 
carried to the metropolitan consolidated loans fund. 

Notwithstanding anything in the Metropolitan Poor Act, 
1867, and the Acts amending the same, the amount so lent by 
the board shall be repaid to them by the said managers, with 
interest, within such period not exceeding sixty years as may 
be agreed upon between the board and the said managers, 
subject to the approval of the treasury. 

The board may lend and the managers may borrow money 
in pursuance of this section for the purpose of repaying any 
' loan due at the passing of this Act from the said managers. 

The board and the said managers may execute all such deeds 
and documents and do all such acts as may be necessary or 
expedient for carrying this section into effect. 



Accounts and Audit. 

59. The accounts of the school board shall be Accounu to 
made up and balanced to the twenty-fifth of March ancTex^- ""* 
and twenty-ninth of September in ever)- year. The amined. 
accounts shall be examined by the school board and 
signed by the chairman within fourteen days after 
the day to which they are made up. 

As soon as practicable after the accounts are so 
signed they shall be audited. 



-60 The Elementary Education Act. 

How the examination of the accounts " by the school board" 
is to be made is not very apparent, at the best It will be per- 
functory. No one but the chairman of the school board it 
seems can sign the account. 

The district poor law auditors will doubtless be expected 
when they audit the accounts of the poor law authorities of 
the district to arrange for the audit of the accounts of the 
school board before they go to another part of their district on 
their audit circuit. It will, however, be a matter of no small 
difhculty to arrange the audits so that they may be held 
promptly after the balancing of the accounts; still, "as soon 
as practicable," it must be done. 

Audit of 60. With respect to the audit of accounts of the 

accounu. gchool board the following provisions shall have 
effect : 

(1.) The auditor shall be the auditor of accounts 
relating to the relief of the poor for the 
audit district in which the school district 
is situate, or if it is situate in more than 
one audit district by the auditor of such 
of the said audit districts as the poor law 
board may direct, and the term audit dis- 
trict in this provision shall be construed lo 
include a parish for which an auditor is 
separately appointed to audit the accounts 
for the relief of the poor. The auditor 
shall receive such remuneration as the 
poor law board direct, and such remune- 
ration, together with the expenses of or 
incident to the audit, shall be paid by the 
school board out of the school fund, and 
if unpaid may be recovered in a summary 
manner : 

The Poor Law Board " direct," by an Order under seal, 
issued, under the powers conferred upon them by the Poor 
Law Acta. 

The construction in the section of the term audit district 
applies to the parishes of St. Marylebone, and St. Giles-in-the- 
Fields and St. George Bloomsbury,for which parishes auditors 
aie separately appointed. 



33 ^ 34 Tict. c. 75, s. 60. 51 

"The expenses of or incident to the audit," are such ex- 
penses as the auditor may be put to in travelling to the place 
of audit, if any such be incurred in addition to the expenses 
necessarily attendant upon his poor law audit circuit, which 
latter expenses are compensated for by his salary and allow- 
ances as poor law auditor. 

See section 92, post, as to the recovery of money in a sum- 
mary manner. 

(2.) The audit shall be held at the office of the 
school board, or some other place sanc- 
tioned by the poor law board within the 
school district, or within the union within 
which the school district or some part 
thereof is situate, and at a time which is 
fixed by the auditor, but which shall be 
as soon as may be after the account is 
signed by the chairman : 

" As soon as may be," must have reference to the district 
auditor's arrangements for poor law audits ; and it will often 
necessarily be long after the accounts are signed by the chair- 
man of the school board, that the auditor will be able to audit 
them. 

(3.) The auditor at least fourteen days before 
holding the audit, shall serve on the 
school board, and publish notice of the 
time and place of holding the same : 

The notice here mentioned will be published according to 
the directions, sections 80, 81 and 82, post ; generally it will be 
difficult if not impracticable for the auditors to comply with 
subsection (2) of section 80, with regai-d to the publication 
of notices of audit on the church and chapel doors. 

(4.) The clerk of the school board, or some per- 
son authorised by the school board, shall 
attend the audit, and produce to the audi- 
tor all books, bills, vouchers, and docu- 
ments relating to the account : 

(5.) Any ratepayer of the school district may be 
present at the audit, and may object to the 
account : 

d2 



^2 T1i6 Mementai'y Education Act. 

(6.) The auditor shall, as nearly as may be, have 
the like powers and be under the like 
obligation to allow and disallow items in 
the account, and to charge the school 
board, or any member or oflBcer thereof, 
or any person accountable to them or 
him, with any sum for which they or he 
may be accountable, as in the case of an 
audit of the accounts relating to the relief 
of the poor in any union or parish ; and 
any person aggrieved by the decision of 
the auditor shall have the like rights and 
remedies as in the case of such last-men- 
tioned audit : 

As to the powers of the auditor with re^^ard to the audit of 
poor law accounts, see the statutes 7 & 8 Vict. c. 101, ss. 3*2, 
88 ; 11 & 12 Vict. c. 91, ss. 3, 8, 9 ; 11 & 12 Vict. c. 103, ss. 
9, 11, in the Appendix, post. 

As regards the right of appeal against the auditor's decisions, 
see 7 & 8 Vict. c. 101 , ss. 35, 36 ; and 1 1 & 12 Vict, c 91, s. 4, 
also in the Appendix. 

The appeal in respect to allowances disallowances in sur- 
charge in school board accounts, will be to the Court of 
Queen's fiench, or to the Poor Law Board. 

(7.) The auditor shall have the like powers of 
requiring the attendance of persons, the 
production of books, bills, vouchers, and 
documents, and a declaration respecting 
vouchers and documents, as in the case 
of such last-mentioned audit; and any 
person who refuses or neglects to comply 
with any such requisition, or wilfully 
makes or signs a false declaration so re- 
quired, shall be liable to the same penal- 
ties as in the case of such last mentioned 
audit : 

As regards this sub-section see 7 & 8 Vict. c. 101, s. 33 in 
the Appendix, post. 



33 ^ 34 VicL c. 7o, s. 62. 53 

(8.) Any moneys, books, documents, and chat- 
tels certified by the auditor to be due from 
any person may be recovered from such 
person in like manner as in the case of 
such last-mentioned audit, and the ex- 
penses incurred in such recovery shall be 
deemed to be part of the expenses of the 
audit : 

See 7 & 8 Vict. c. 101, section 32 in the Appendix ; and sab- 
section (1) of this section, as to the expenses incident to the 
audit. As to the limitation of time for the recovery of certified 
sums, see 12 & 13 Vict. c. 103, s. 3, in the Appendix, post. 

(9.) Subject to the provisions of this section, the 
poor law board may from time to time 
make such regulations as may be neces- 
sary respectinfr the form of keeping the 
accounts and the audit thereof. 

61. Any member or officer of a school board, or Penalty for 
manager appointed by them, who authorises or p"^°enYof 
makes, or concurs in authorising or making, any surcharge, 
payment or any entry in accounts for the purpose 

of defraying or making up to himself or any other 
person the whole or any part of any sum of money 
unlawfully expended from the school fund, or dis- 
allowed or surcharged by any auditor, shall, on 
summary conviction, be liable to pay a penalty not 
exceeding twenty pounds and double the amount of 
such sum. 

62. When the auditor has completed the audit he Publication 
shall sign the balance sheet. of account,. 

The school board shall cause a statement showing 
their receipts and expenditure to be printed in such 
form and with such particulars as may be from 
time to time prescribed by the education depart- 
ment, and shall send the same within thirty days 
after the balance sheet is signed by the auditor to 



54 The Elementary Education Act. 

each member of the rating authority, and to the 
overseers of every parish in the district, and to the 
education department; and the school board may, 
if they think fit, publish such statement or an ab- 
stract thereof in any local newspaper or newspa- 
pers circulating in the district, and shall furnish a 
copy of such statement to any ratepayer in the dis- 
trict, on his application, and on the payment of a 
sum not exceeding sixpence. 

This sectioD is directory as to sending a copy of the account 
to each member of the rating authority, and to the overseers, 
but it will not always be easy for the Boai-d to ascertain the 
individual members of the rating authority specified in the 
fourth column of the first Schedule to the Act. The over- 
seers are a rating authority composed of several members ; 
but they are spoken of in the section as difibrent from the 
rating authority ; but they will only be so when the rating au- 
thority is another body. 



Defaulting School Board. 



board. 



OT^defeuiT' 63. Where the education department are, after 
by school such inquiry as they think sufficient, satisfied that 
a school board is in default as mentioned in this 
Act, they may by order declare such board to be in 
default, and by the same or any other order appoint 
any persons, not less than five or more than fifteen, 
to be members of such school board, and may from 
time to time remove any member so appointed, and 
fill up any vacancy in the number of such members, 
whether caused by removal, resignation, death or 
otherwise, and, subject as aforesaid, add to or 
diminish the number of such members. 

After the date of the order of appointment the 
persons (if any) who were previously members of 
the school board shall be deemed to have vacated 
their ofiices as if they were dead, but any such 
member may be appointed a member by the educa- 
tion department. The members so appointed by 
the education department shall be deemed to bu 



33 cJ- 34 Vict. c. 75, s. 63. 55 

members of the school board in the same manner in 
all respects as if, by election or otherwise, they had 
duly become members of the school board under 
the other provisions of this Act, and may perform 
all the duties and exercise all the powers of the 
school board under this Act. 

The members appointed by the education depart- 
ment shall hold office during- the pleasure of the 
education department, and when that department 
consider that the said default has been remedied, 
and everything necessary for that purpose has been 
carried into effect, they may, by order, direct that 
members be elected for the school board in the same 
manner as in the case of the first formation of the 
school board. After the date fixed by any such 
order the members appointed by the education de- 
partment shall cease to be members of the school 
board, and the members so elected shall be members 
of the school board in their room, but the members 
appointed by the education department shall not be 
disqualified from being so elected. Until any such 
order is made no person shall become a member of 
the school board otherwise than by the appointment 
of the education department. 

Where a school board is not elected at the time 
fixed for the first election, or has ceased to be in 
existence, the education department may proceed in 
the same manner as if such board had been elected 
and were in existence. 

As regards school boards in default, see sections 6, 10, 16, 
18 and 32, ante. 

The authority given to the education department when a 
school board is in default, is similar in its nature to the au- 
thority given by 29 & 30 Vict. c. 90, s. 49, to the secretary of 
state, when a local board of health, nuisance authority, or sewer 
authority, are in default in carrying into effect their respective 
powers. 

On the contingency alluded to in the last paragraph of this 
section happening, the education department will proceed as in 
the case of a defaulting school board ; as to such boards seet 
$i. 6, 10, 16, 18 and 32, ante. 



55 



The Elementary Education Act. 



Certificate of 
education 
department 
as to ap- 
pointment, 
expenxes, 
and loans. 



64. The education department may from time to 
time certify the appointment of any persons ap- 
pointed to be members of a school board in default, 
and the amount of expenses that have been incurred 
by such persons, and the amount of any loan re- 
quired to be raised for the purpose of defraying any 
expenses so incurred, or estimated as about to be 
incurred; and such certificate shall be conclusive 
evidence that all the requirements of this Act have 
been duly complied with, and that the persons so 
appointed have been duly appointed, and that the 
amounts therein mentioned have been incurred or 
are required. 



Expenses 65. The expenses incurred in the performance of 
incurred on their dutics by the persons appointed by the edu- 
cation department to be members of a school board, 
including such remuneration (if any) as the educa- 
tion department may assign to such persons, shall, 
together with all expenses incurred by the board, 
be paid out of the school fund ; and any deficiency 
in the school fund may be raised by the school 
board as provided by this Act ; and where the edu- 
cation department have, either before or after the 
payment of such expenses, certified that any ex- 
penses have been incurred by a school board, or any 
members appointed by them, such expenses shall 
be deemed to have been so incurred, and to have 
been properly paid out of the school fund. 

Where the members of a school hoard have been 
appointed by the education department, such school 
board shall not borrow or charge the school fund 
with the principal and interest of any loan exceed- 
ing such amount as the education department 
certify as mentioned in this Act to be required. 

7he deflciency in the school fund will be raised, aa provided 
by section 54, ante. 
The certificate oif the education departmeqt as to e^penssa 



33 c} 34 Ttct. c. 75, s. 67. 67 

is the certificate referred to in the preceding part of this 
section. 

66. Where the education department are of opinion Dissolution 
that in the case of any school district the school ^ardsT 
board for such district are in default, or are not pro- 
perly performing their duties under this Act, they 
may by order direct that the then members of the 
school board of such district shall vacate their seats, 
and that the vacancies shall be filled by a new 
election ; and after the date fixed by any such order 
the then members of such board shall be deemed to 
have vacated their seats, and a new election shall be 
held in the same manner, and the education depart- 
ment shall take the same proceedings for the pur- 
pose of such election as if it were the first election ; 
and all the provi.sions of this Act relating to such 
first election shall apply accordingl}'. 

The education department shall cause to be laid 
before both Houses of Parliament in every year a 
special report stating the cases in which they have 
made any order under this section during the pre- 
ceding year, and their reasons for making such 
order. 

As regards first elections under the Act, see sub-section (3), 
ante, p. 30. , 



Returns and Inquiry. 

67. On or before the first day of January one Retunw 
thousand eight hundred and seventy one, or in the authoriiT. 
case of the metropolis before the expiration of four 
months from the date of the election of the chairman 
of the school board, every local authority hereinafter 
mentioned, and subsequently any such local autho- 
rity whenever required by the education department, 
but not oftener than once in every year, shall send 
to the education department a return containing 
d3 



68 



Mode of 

obtaining 

returns. 



Local 
authority 
to make 
retumfl. 



The Elementary Education Act. 

such particulars with respect to the elementary 
schools and children requiring elementary education 
in their district as the education department may 
from time to time require. 

68. For the purpose of obtaining such returns the 
education department shall draw up forms, and sup- 
ply to the local authority such number of forms as 
may be required; and the managers or principal 
teacher of every school required to be included in 
any such return shall fill up the form, and return 
the same to the local authority within the time spe- 
cified in that behalf in the form. 

On the 16th, 18th, and 19th August, 1870, respectively the 
education department issued circulars addressed to the town 
clerk of each municipal borough, and to the overseers of each 
parish, calling for returns relating to school accommodation, 
in accordance with sections 67 — 72 of this Act. A copy of 
the Circular to the municipal boroughs, and of the forms of 
return will be found in the Appendix, post. The other Circu- 
lars are to the same effect, only altered to suit parishes. 

69. The returns shall be made in the metropohs 
by the school board appointed under this Act, in 
boroughs by the council, and in every parish not 
situated in a borough or the metropolis by persons 
appointed for the purpose or by the overseers of 
such parish. Where a school board is formed under 
this Act, the returns shall be made by such school 
board within their district, instead of by the council, 
persons appointed as aforesaid, or overseers, as the 
case may be. 

The persons appointed for the purpose may be 
appointed as follows ; namely, the education depart- 
ment may, if they think fit, send to the overseers or 
other oflBcers who have power to summon a vestry 
in such parish a requisition to summon, and such 
overseers or other officers shall summon, a vestry in 
such parish for the purpose of this section ; and such 
vestry shall appoint two or more persons who shall 



33 # 34 net. c. 75, s. 72. S9 

be the local authority for the purpose of the returns 
under this Act. 

The local authority may, with the sanction of the 
education department, employ persons to assist in 
making' such returns, and may pay those persons 
such remuneration as the treasury may sanction. 
That remuneration, and all such other reasonable 
expenses incurred by the local authority in making 
such returns as the treasury may sanction, shall be 
paid by the education department. 

70. If any local authority fail to make the returns Proceeding* 
required under this Act, the education department of authority 
may appoint any person or persons to make such Jg^^^gf 
returns, and the person or persons so appointed shall 

for that purpose have the same powers and authori- 
ties as the local authority. 

71. The education department may appoint any inquiry by 
persons to act as inspectors of returns, who shall educatton*' 
proceed to inquire into the accuracy and complete- department, 
ness of any one or more returns made in pursuance 

of this Act, and into the eflBciency and suitability of 
any school mentioned in any such return, or which 
ought to have been mentioned therein, and to 
inspect and examine the scholars in every such 
school. Where there is no return the inspector 
shall proceed as if there had been a defective 
return. 

72. If the managers or teacher of any school Refusal 
refuse or neglect to fill up the form required for the forms and 
said return, or refuse to allow the inspector to ^ *•*"'* 
inspect the schoolhoiise or examme any scholar, or 
examine the school books and registers, or make 
copies or extracts therefrom, such school shall not 

be taken into consideration among the schools giving 
efficient elementary education to the district. 



60 The Elementary Bducation Act, 

Public Inquiry. 

uiqui^. 73. Where a public inquiry is held in pursuance 

of the provisions of this Act the following provisions 
shall have effect : 

The provisions of the Act with respect to public inqoiries 
are contained in section 9, ante, p. 8. 

(1.) The education department shall appoint some 
person who shall proceed to hold the 
inquiry : 

(2.) The person so appointed shall for that pur- 
pose hold a sitting or sittings in some con- 
venient place in the neighbourhood of the 
school district to which the subject of 
inquiry relates, and thereat shall hear, 
receive, and examine any evidence and 
information offered, and hear and inquire 
into any objections or representations made 
respecting the subject of the inquiry, with 
power from time to time to adjourn any 
sitting. 

Notice shall be published in such man- 
ner as the education department direct of 
every such sitting (except an adjourned 
sitting) seven days at least before the 
holding thereof: 

Though the inquiry is to be in the " neighbourhood" of the 
school district, there seems nothing to prevent it from being 
held vnthin the district. 

(3.) The person so appointed shall make a report 
in writing to the education department 
setting forth the result of the inquiry, and 
stating his opinion on the subject thereof, 
and his reasons for such opinion, and the 



33^34 Vict.c.75,s.7i, 6i 

objections and representations, if any, made 
on the inquiry, and his opinion thereon ; 
and the education department shall cause 
a copy of such report to be deposited with 
the school board (if any), or, if there is 
none, the town clerk of the borough or the 
churchwardens or overseers of the parishes 
to which the inquiry relates, and notice of 
such deposit to be published : 

The notice of the deposit of the report upon the inquiry, pur- 
suant to sub-section (3) will be published according to sec- 
tion 80, post. The education departments are to cause the 
notice to be published ; but how they are so to cause it the 
section fails to say, — probably they will themselves publish it, 
and recover the cost as in sub-section (4). 

(4.) The education department may make an 
order directing- that the costs of the pro- 
ceedings and inquiry shall be paid, accord- 
ing as they think just, either by the dis- 
trict as if they were expenses of a school 
board, or by the applicants for the inquiry ; 
and such costs may be recovered, m the 
former case, as a debt due from the school 
board, or, if there is no school board, as a 
debt due from the rating authority, and, 
in the case of the applicants, as a debt due 
jointly and severally from them; and the 
education department may, if they think 
fit, before oraering the inquiry to be held, 
require the applicants to give security for 
such expenses, and in case of their refusal 
may refuse to order the inquiry to be 
held. 

Attendance at School. 

74. Every school board may from time to time, attendance 
with the approval of the education department, of children 

* * * 'at school. 



62 The Elementary Edncation Act. 

make byelaws for all or any of the following pur- 
poses : 

As regards the enforcement of bye laws under this section, 
see post, p. 64, and also section 02, post, as wall as section 
36, ante, p. 32. 

(1.) Requiring the parents of children of such 
age, not less than five years nor more than 
thirteen years, as may be fixed by the bye- 
laws, to cause such children (unless there 
is some reasonable excuse) to attend 
school : 

As to what shall be a " reasonable excuse," see the second 
sub-sections (1), (2), and (3), infra, 

(2.) Determining the time during which children 
are so to attend school ; provided that no 
such byelaw shall prevent the withdrawal 
of any child from any religious observance 
or instruction in religious subjects, or shall 
require any child to attend school on any 
day exclusively set apart for religious ob- 
servance by the religious body to which 
his parent belongs, or shall be contrary to 
anything contained in any Act for regu- 
lating the education of children employed 
in labour : 

As regards the religious instruction of children in the school, 
see section 7, sub-sections (1) and (2), an^e, p 6; and sec- 
tion 14, sub-section (2), ante, p. 11. 

(3,) Providing for the remission or payment of 
the whole or any part of the tees of any 
child where the parent satisfies the school 
board that he is unable from poverty to 
pay the same : 

See section 17, ante, as to school fees, and the remission of 
the same wholly or in part on the ground of poverty. Wlien 



33 ^ 34 Vict. c. 75, s. 74. 

elementary schools are established, it will no longer be neces- 
sary for guardians of the poor to grant relief under 18 & 19 
Vict. 0. 34, 8. 1, " for the purpose ofenabling any poor person 
lawfully relieved out of the workhouse to provide education 
for any child of such person between the ages of four and six- 
teen, in any school to be approved of by the said guardians, 
for such time and under such conditions as the said guardians 
shall see fit." 

As regards the boarding out of pauper children, see the 33 
Sc 34 Vict c. 48, and the General Order issued by the Poor 
Law Board in pursuance of that statute. 

(4.) Imposing penalties for the breach of any 

byelaws : 
(6.) Revoking or altering any byelaw previously 

made. 
Provided that any byelaw under this section 
requiring a child between ten and thirteen years of 
age to attend school shall provide for the total or 
partial exemption of such child from the obligation 
to attend school if one of Her Majesty's inspectors 
certifies that such child has reached a standard of 
education specified in such byelaw. 

Any of the following reasons shall be a reasonable 
excuse; namely, 

(1.) That the child is under efficient instruction 

in some other manner : 
(2.) That the child has been prevented from 
attending school by sickness or any una- 
voidable cause : 
(3,) That there is no public elementary school 
open which the child can attend within 
such distance, not exceeding three miles, 
measured according to the nearest road 
from the residence of such child, as the 
byelaws may prescribe. 

The school board, not less than one month before 
submitting any byelaw under this section for the 
approval of the education department, shall deposit 



63 



6* The Elementary Education Act. 

a printed copy of the proposed byelaws at their 
oflBce for inspection by any ratepayer, and supply a 
printed copy thereof gratis to any ratepayer, and 
shall publish a notice of such deposit. 

The notice will be published in accordance with the direc- 
tions in section 80, post. 

The education department before approving of 
any byelaws shall be satisfied that such deposit has 
been made and notice published, and shall cause 
such inquiry to be made in the school district as 
they think requisite. 

Any proceeding to enforce any byelaw may be 
taken, and any penalty for the breach of any bye- 
law may be recovered in a summary manner ; out no 
penalty imposed for the breach of any byelaw shall 
exceed such amount as with the costs will amount 
to five shillings for each offence, and such byelaws 
shall not come into opei-ation until they have been 
sanctioned by Her Majesty in council. 

See section 36, ante, p. 32, as to the appointment of an 
officer or officers to enforce bjelaws under the Act, and also 
section 92, post. 

It shall be lawful for Her Majesty, by order in 
Council, to sanction the said byelaws, and thereupon 
the same shall have effect as if they were enacted 
in this Act. 

All byelaws sanctioned by Her Majesty in council 
under this section shall be set out in an appendix to 
the annual report of the education department. 

The publication, in the Appendix to the Annual Report of 
the Education Department, of the bjelaws of every elementory 
school will, in time, form an enormous mass of byelaws, con- 
sidering that there are nearly fifteen thousand parishes in 
England having separate overseers appointed; for, certainly. 



83 ^ 34 Ttct. c. 75, g. 75. 65 

vpon an average, there will be at least one such school for 
each parish. 



Miscellaneoug. 

75. Where any school or any endowment of a Appiiouioo 
school was excepted from The Endowed Schools ^^"^^^^ 
Act, 1869, on the ground that such school was at 
the commencement of that Act in receipt of an 
annual parliamentary grant, the governing body (as 
defined by that Act) of such school or endowment 
may frame and submit to the education department 
a scheme respecting such school or endowment. 

The education department may approve such 
scheme with or without any modifications as they 
think fit. 

The same powers may be exercised by means of 
such scheme as may be exercised by means of any 
scheme under the Endowed Schools Act, 1869 ; 
and such scheme, when approved by the education 
departmeat, shall have eficct as if it were a scheme 
made under that Act. 

A certificate of the education department that a 
school was at the commencement of The Endowed 
Schools Act, 1869, in receipt of an annual parlia- 
mentary grant shall be conclusive evidence of that 
fact for all purposes. 

By section 7 of the Endowed Schools Act, 1869 (32 & 33 
Vict, c 56), " the term ' governing body' means any body 
corporate, persons or person who have the right of holding, 
or any power of government of or management of any endow- 
ment, or, other than as master, over any endowed school, or 
have any power other than as master, of appointing officers, 
teachers, exhibitioners or others, either in an endowed school, 
or with emoluments out of any endowment." 

By section 8 (3), the Act shall not apply " to any school 
which at the commencement of this Act (2nd August, 1869) ■ 
is in receipt of an annual grant out of any sum of money 
appropriated by parliament to the civil service, intituled ' For 
Public Education in Great Britain,' or to the endowment 
thereof, unless such school is a grammar school, as defined 



66 The Elementary Education Act. 

by the Act of the session of the third and fourth years of the 
reign of Her present Majesty, cliapter seventy-seven, or a 
school, a department of which only is in receipt of such 
grant." 

By 3 & 4 Vict. c. 77, s. 25, " the word («c) * grammar 
school ' shall mean and include all endowed schools, whether 
of royal or other foundation, endowed or maintained for the pur- 
pose of teaching Latin and Greek, or either of such languages, 
whether in the instrument of foundation or endowment, or in 
the statutes or decree of any court of record , or in any Act of 
parliament establishing such school, or in any other evidences 
or documents such instruction shall be expressly described, or 
shall be described by the word ' grammar,' or any other form 
of expression which is or may be construed as intending Greek 
or Latin, and whether by such evidences or documents as 
aforesaid, or in practice such instruction be limited exclusively 
to Greek or Latin, or extended to both such languages, or to 
any other branch or branches of literature or science in addi- 
tion to them or either of them ; " and " the words ' grammar 
school ' shall not include schools not endowed, but shall mean 
and include all endowed schools which may be grammar 
schools by reputation, and all other charitable institutions 
and trusts so far as the same may be for the purpose of provid- 
ing such instruction as aforesaid." 

The powers of the commissioners as to the reorganization of 
endowed schools are contained in sections 9 to 30, inclusive of 
the Endowed Schools Act, 1869. 



inipection of IQ. Where the managers of any public elemen- 

Ichooub^y ^^'T school not provided by a school board desire to 

inspector not have tLelr school inspected or the scholars therein 

M^esty's" examined, as well in respect of religious as of other 

taipectors. subjects, by an inspector other than one of Her 

Majesty's inspectors, such managers may fix a day 

or days not exceeding two in any one year for such 

inspection or examination. 

The managers shall, not less than fourteen days 
before any day so fixed cause public notice of the 
day to be given in the school, and notice in writing 
of such day to be conspicuously affixed in the school. 

On any such day any religious observance may 
be practised, and any instruction in religious sub- 
jects given at any time during the meeting of the 



33 ^ 34 Vict. c. 75, s. 78. 67 

school, but any scholar who has been withdrawn by 
bis parent from any religious observance or instruc- 
tion in religious subjects shall not be required to 
attend the school on any such day. 

77. Where a parish is situated partly within and Parish 
partly without a borough, the part situate outside biundarie^sof 
of the borough shall be taken to be for all the pur- boroughs, 
poses of this Act, except as otherwise expressly 
mentioned, a parish by itself, and the ratepayers 
thereof may meet in vestry in the same manner in 
all respects as if they were the inhabitants of a 
parish ; every such meeting, and also the meeting 
for the purposes of this Act of the ratepayers of any 
parish (the ratepayers of which have not usually 
met in vestry), shall be deemed to be a vestry, and, 
save as provided by this Act, be subject to the Act 
of the fifty-eighth year of the reign of King George 
the Third, chapter sixty-nine, and the Acts amending 
the same, and, subject as aforesaid, shall be sum- 
moned by the persons and in the mode prescribed 
by the education department ; and the overseers of 
the whole parish shall be deemed to be the overseers 
of any such part of a parish. 

, The Vestries Act, 68 Geo. 3, c. 69, is amended by the 69 
Geo. 3, c. 85; 1 Vict. c. 45 ; and 16 & 17 Vict. c. 65. The 
whole of these Acts will be found in Glen's Parish Vestries 
Acts, fourth edition. 



78. The education department shall, for the pur- Education 
poses of The Charitable Trusts Acts, 1853 to 1869, may^^plfto 
be deemed to be persons interested in any elemen- <^^^"}j co"*- 

11 1-11 A 1-11 1 missioner* 

tary scnool to which those Acts are appucable, and under leatir 
the endowment thereof. Xc?' *^" *''' 

With regard to this sectioq, see section 23, ante, p. 20, and 
the note thereon. 



68 

Ascertaining 

rateable 

value. 



Mode of 
publication 
of notices. 



TJie Elementary Education Act. 

79. The rateable value of any parish or school 
district shall for the purposes of this Act be the 
rateable value as stated in the valuation lists, if any, 
and if there are none, then as stated in the rate book 
for the time being in force in such parish and in 
the parishes constituting the district ; and the over- 
seers and other persons having the custody of such 
valuation lists and rate book shall, when required 
by the school board, produce such lists and rate 
book to the school bonrd, and allow the school board 
and any person appointed by them to inspect the 
same, and take copies of or extracts therefrom. 

As to the custody of valuation lists, see 31 & 32 Vict. c. 122, 
8. 30; and 32 & 33 Vict. c. 67, s. 68, in Glen's Poor Law 
Statutes. 

The valuation lists mentioned in this section are the valuation 
lists approved by the assessment committee, and in force for the 
time being. It is the poor rate that is in force and not the rate 
book, which may contain many rates. The last poor rate duly 
made, allowed, and published, is the rate which is in force, and 
it remains in force till another is made. The latter pait of 
this section was introduced in the House of Lords. 

80. ^'otices and other matters required by this 
Act to be published shall, unless otherwise ex- 
pressly provided, be published, — 

(1.) By advertisement in some one or more of the 
newspapers circulating- in the district or 
place to which such notice relates : 

(2.) By causing a copy of such notices or other 
matter to be published to be affixed, 
during not less than twelve hours in the 
day, on Sunday on or near the principal 
doors of every church and chapel in such 
district or place to which notices are 
usually affixed, and at every other place 
in such district or place at which notices 
are usually affixed. 

The mode only and not the time of publication is here men- 
tioned. It will, however, suffice if the publication, whether in 
a newspaper or on the church doors on Sunday, be, whea 
no time is mentioned, some reasonable time before the event 
is to take place to which the notice has reference. 



33 ^ 34 Vk't. c. 75; s. 83. ^9 

81. Certificates, notices, requisitions, orders, pre- Notices may 
cepts, and all documents required by this Act to be p^t!'* ^ 
served or sent may, unless otherwise expressly pro- 
vided, be served and sent by post, and, till the 
contrary is proved, shall be deemed to have been 

served and received respectively at the time when 
the letter containing the same would be delivered in 
the ordinary course of post; and in proving" such 
service or sending it shall be suflficient to prove that 
the letter containing the certificate, notice, requisi- 
tion, order, precept, or document was prepaid, and 
properly addressed, and put into the post. 

82. Certificates, notices, requisitions, orders, and Notices to 
other documents may be served on a school board beard! ** °° 
by serving the same on their clerk, or by sending 

the same to or delivering the same at the ofiice of 
such board. 

No express power is given to the school board by the 
Act to provide an office, but the expense of providing an 
office would be an expense payable out of the school fund, 
under section 53, ante, p. 44. 

Certificates, notices, requisitions, orders, precepts, 
and other documents may be in writing or in print, 
or partly in writing and partly in print, and if 
requiring authentication by a school board may be 
signed by their clerk. 

See 31 k 32 Vict. c. 37, s. 2, in the Appendix, post, as to 
proof of handwriting of signature not being required. 

83. All orders, minutes, certificates, notices, re- Evidence of 
quisitions, and documents of the education depart • °!^«"' •*'?•' 

. ■I- • 1 • 1 1 of education 

ment, it purportmg to be signed by some secretary department. 
or assistant secretary of the education department, 
shall, until the contrary is proved, be deemed to 
have been so signed and to have been made by the 
education department, and may be proved by the 



70 The Elementary Education Act. 

production of a copy thereof purporting to have 
been so signed. 

The Documentary Evidence Act, 1868, shall 
apply to the education department in like manner 
as if the education department were mentioned in 
the first column of the schedule to that Act, and 
any member of the education department, or any 
secretary or assistant secretary of the education 
department, were mentioned in the second column 
of that schedule. 

See the Documentary Evidence Act, 31 & 32 Vict. c. 37, in 
the Appendix, post. This sub-section was added in the House 
of Loi-ds. 

Effector ^^ 84. After the expiration of three montl)s from 
of education the date of any order or requisition of the education 
department, department under this Act such order or requisition 
shall be presumed to have been duly made, and to 
be within the powers of this Act, and no objection 
to the legality thereof shall be entertained in any 
legal proceeding whatever. 

Appear*nco 85. A school board may appear in all legal pro- 
board, ceedings by their clerk, or by some member of the 
board authorised by a resolution of the board ; and 
every such resolution shall appear upon the minutes 
of the proceedings of the board, but evury such 
resolution shall, until the contrary is proved, be 
deemed in any legal proceeding to appear upon 
such minutes. 



Tenure of ^6. The provisions of the School Sites Acts with 

teacner and r ,• i «• /• i 11 

his removal respect to tuc tenure or the omce ot the schoolmaster 



from liouse 
under sects, 
17 &18of 
4 & 5 Vict, 
c. 38. 



or schoolmistress, and to the recovery of possession 
of any premises held over by a master or mistress 
who has been dismissed or ceased to hold otidce, 
shall extend to the case of any school provided by 
a schpol board, and of any master or mistress of 
such school; in the same manner as if the school 



33 c^ 34 T^^ c. 75, s. 89. 71 

board were the trustees or managers of the school 
as mentioned in those Acts. 

The School Sites Acts will be found in the Appendix, post. 

87. Every ratepayer in a school district may at Ratepayer 
all reasonable times, without payment, inspect and books,"^.° 
take copies of and extracts from all books and docu- ^0^^.°°' 
ments belonging to or under the control of the 
school board of such district. 

Any person who hinders a ratepayer from so 
inspecting or taking copies of or extracts from any 
book or document, or demands a fee for allowing 
him so to do, shall be liable, on summary conviction, 
to a penalty not exceeding five pounds for each 
offence. 

See the definition of the term " ratepayer," ante, p. 4, and 
note thereon. 

88. If any returning officer, clerk, or other per- P«"»"y '<"" 
son engaged in an election of a school board under ™eorr«;t 
this Act wilfully makes or causes to be made an f«urn. 
incorrect return of the votes given at such election, 

every such offender shall, upon summary convic- 
tion, be liable to a penalty not exceeding fifty 
pounds. 

As regards the appointment of officers to conduct elections 
of school boards, see Article 1 of the first part of the second 
schedule, post. 

89. If any person wilfully personates any person penalty on 
entitled to vote in the election of a school board {.f""^ "*"* 
under this Act, or answers falsely any question put 

to him in voting in pursuance of an order made 
under the second schedule to this Act, or falsely 
assumes to act in the name or on the behalf of any 
person so entitled to vote, he shall be liable, on 
summary conviction, for every such offence to a 
penalty not exceeding twenty pounds. 



72 



The Elementary Uducation Act. 



Penalty for 
fonting or 
falsifying 
any voting 
paper or 
obstructing 
the election. 



Corrupt 
practices. 



90. If any person knowingly personate and falsely 
assume tx) vote in the name of any person entitled 
to vote in any election under this Act, or forge or 
in any way falsify any name or writing in any paper 
purporting to contain the vote or votes of any per- 
son voting in any such election, or by any contri- 
vance attempt to obstruct or prevent the purposes 
of any such election, or wilfully contravene any re- 
gulation made by the education department under 
the second schedule to this Act with respect to the 
election, the contravention of which i.s expressed to 
involve a penalty, the person so offending shall upon 
pummary conviction be liable to a penalty of not 
more than fifty pounds, and in default of payment 
thereof to be imprisoned for a term not exceeding 
six months. 

91. Any person who at the election of any mem- 
ber of a .<chool board or any officer appointed for 
the purpose of such election is guilty of corrupt prac- 
tices shall, on conviction, for each offence be liable 
to a penalty not exceeding two pounds, and be dis- 
qualified for the term of six years after such elec- 
tion from exercising any franchise at any election 
under this Act, or at any municipal or parliamentary 
election. 

The term corrupt practices in this section includes 
all bribery, treating, and undue influence which 
under any Act relating to a parliamentary election 
renders such election void. 

The provisions in sectious 89 and 90 of this Act, it will be 
seen, are much more stringent than those in 14 & 15 Vict. 
c. 105, s. 3, with regard to malpractices at elections of 
guardians. 

The following Acts by the Corrupt Practices Prevention Act, 
1854, (17 & 18 Vict. c. 102), are " bribery, treating, and 
undue influence." 

Bribery by the Briber. 

I.— 1. Every person who shall 

2. Directly— indirectly— by himself— by any person on 
his behalf 



33^34 Vict. c. 75, s. 91. 73 

3. Give — lend— agree to give— agree to lend — offer — 

promise — promise to procure — promise to endea- 
vour to procure 

4. Any money — any valuable consideration 

6. To or for any voter — to or for any person on behalf 

of any voter — to or for any other person 
6. In order to induce any voter to vote or refrain from 

voting — corruptly on account of any voter having 

voted or refrained from voting. 

II. — 1. Every person who shall 

2. Directly — indirectly — by himself— by any other 

person on his behalf 

3. Give — procure — agree to give — agree to procure— 

offer — promise — promise to procure — promise to 
endeavour to procure 

4. Any oflSce — any place — any employment 

6. To or for any voter — to or for any person on behalf 

of any voter — to or for any other person. 
6. In order to induce such voter to vote or refrain from 

voting — corruptly on account of any voter having 

voted or refrained from voting. 

III. — 1. Every person who shall make 

2. Directly — indirectly — by himself— by any oth«r 

person on his behalf 

3. Any such gift— loan — offer — promise — procure* 

ment — or agi-eement as aforesaid 

4. To or for any person 

6 In order to induce such person 

6. To procure — to endeavour to procure 

7. The return of any person — the vote of any voter. 

IV. — 1. Every person who shall 

2. Advance — pay — cause to be paid 

8. Any money 

4, To any other person — to the use of any other per* 

son 
6. With the intent that 

6. Such money — any part of such money 

7. Shall be expended in bribery, 

v. — 1. Every person who shall 

2. Knowingly pay — knowingly cause to be paid 

3. Any money 

4. To any person 

6. In discharge — in repayment 
6. Of money wholly or in part extended in bribery. 
B 



W The Elementary Education Act. 

Bribery by the Bribed. 

I I.— 1. Every person who shall upon or in consequence of 

2. Any gift — loan — offer — promise — procurement- 

agreement 

3. Procure — engage — promise to procure — endeavour 

to procure 

4. The return of any person— the vote of any voter. 

11.^1. Every voter who shall 

2. Before any election — during any election 

8. Directly — indirectly — by himself — by any other per- 
son on his behalf 

4. Receive — agree for — contract for 

6. Any money — gift — loan — valuable consideration- 
office — place — employment 

6. For himself — for any other person 

7. For voting — for agreeing to vote — for refraining from 

voting — for agreeing to refrain from voting. 

III.— 1. Every person who shall after any election 

2. Directly — indii-ectly — by himself — by any other per- 

son on his behalf 

3. Receive 

4. Any money — any valuable consideration 
6. On account of 

6. Any person having voted — any person having re- 
frained from voting — having induced any other 
person to vote or to refrain fiom voting. 

Treating. 

1. Every candidate at an election who ahall corruptly 

2. By himself — by any person — with any person — by 

any ways or means on his behalf 

3. At any time before any election — at any time during 

any election — at any time after any election 

4. Directly — indirectly 

6. Give — provide — cause to be given — cause to be pro- 
vided — be accessary to the giving or providing— 
pay wholly or in part any expenses incurred for 

6. Any meat — any drink — any entertainment — any 

provision. 

7. To or for any person 

8. In order to be elected — for being elected— for the 

purpose of corruptly influencing such person to 
give or refrain from giving his vote — for the pur- 
pose of corruptly influencing any other person to 
give or refrain from giving his vote — on account of 
such person having voted or refrained from voting 
—on account of such person being about to vote 
or refi-ain from voting. 



33 # 34 Vict. c. 75, «. 93. 75 

92. Any penalty and any money which under Eecovery of 
this Act is recoverable summarily, and all proceed- p*°*'"^*- 
ings under this Act which may be taken in a sum- 
mary manner, may be recovered and taken before 
two justices in manner directed by an Act of the 
session of the eleventh and twelfth years of the reign 
of Her present Majesty, chapter forty-three, inti- 
tuled " An Act to facilitate the performance of the n &i2Vict. 
duties of justices of the peace out of sessions *'' 
within England and Wales with respect to sum^ 
mary convictions and orders," and the Acts amend- 
ing the same. 

This section was introduced in the Hoose of Lords. The 
Act 1 1 & 12 Vict. c. 43, will be foHnd at lenarth with notes of 
the cases decided upon it in the fourth e&ilion of 6len's 
Jervis'd Acts. 

93. In the case of the borough of Oxford, the ProTisionas 
provisions of this Act relating to Doroughs shall be *° ^'"^ ' 
construed as if the local board were therein men- 
tioned instead of the council ; if a school board is 
formed in the borough of Oxford, one-third of the 
school board shall be elected by the university of 
Oxford, or the colleges and halls therein, in such 
manner as may be directed by the education depart^- 
ment by an order made under the power contained 
in the second schedule to this Act. 

The local board of Oxford is the local board under the 
Local Government Act, 1858, (21 & 22 Vict. c. 98) which by 
section 82 of that Art, consists of Vice Chancellor of the 
University of Oxford, and the Mayor of Oxford for the time 
being, and forty-five other commissioners, fifteen to be 
elected by the University of Oxford, sixteen by the town council 
of Oxford, and fourteen by the rate payers of the parishes 
situated within the jurisdiction of the Oxford commissioners. 
See Glen's Law of Public Health and Local Government, 
p. 27, fifth edition. 

By this section the local board of Oxford are substituted 
for the council of the borough, in respect of any application 
to the education department under section 12 (1), ante, 
p. 10. See also section 31, ante, p. 29, as to the election of 
school boards. 

e2 



76 The Elementary Education Act. 

Effect of 94. The schedules to this Act shall be of the 

u e». g^jjjg force as if tliey were enacted in this Act, and 

the Acts mentioned in the fourth schedule to this 

Act may be cited in the manner in that schedule 

mentioned. 

Beturns by 95. Everj scbool boBrd shall make such report 
•cheoi board. ^^^ retums and give such informatioTi to the educa- 
tion department as the department may from time 
to time require. 

(II.) Parliamentary Grant. 

Parliament- 96. After the thirty-first day of March one thou- 
a'y^erant gand eight hundred and seventy-one no parliamen- 
eieraentary tary grant shall be made to any elementary school 
school only. y^i^jcJ^ jg not a pubUc elementary school within the 
meaning of this Act. 

See the definition of a public elementary school, section 
7, ante, p. 6. 

No parliamentary grant shall be made in aid of 
building, enlarging, improving, or fitting up any 
elementary school, except in pursuance of a me- 
morial duly signed, and containin-i: the information 
required by the education department for enabling 
them to decide on the application, and sent to the 
education department on or before the thirty-first 
day of December one thousand eight hundred and 
seventy. 

As the school boards under this Act are enabled to build, 
enlarge, and fit up elementary schools at the charge of the 
rate payers of the respective districts, hence this provision, 
that all parliamentary grants for such purposes shall cease, 
unless the preliminary steps to obtain such grants are taken 
on or before the 3Ist December, 1870. 

The conditions cm which building grants for elementary 
schools are made by the education department are contained in 
Chapter I. of the Revised Code of Regulations ; but are too 
Toluminous to be here inserted. 

Condition* 97. The Conditions required to be fulfilled by an 
plrlumen- elementary school in order to obtain an annual par- 

tary grant. 



33 * 34 Ttct c. 75, «. 97. 77' 

liamentary grant shall be those contained in the 
minutes of the education department in force for 
the time being, and shall amongst other matters pro- 
vide that after the thirty-first day of March one 
thousand eight hundred and seventy-one — 

(1.) Such grant shall not be made in respect of 

any instruction in religious subjects : 
(2.) Such grant shall not for any year exceed the 
income of the school for that year which 
was derived from voluntary contributions, 
and from school fees, and from any sources 
other than the parliamentary grant; 
but such conditions shall not require that the school 
shall be in connexion with a religious denomination, 
or that religious instruction shall be given in the 
school, and shall not give any preference or advan- 
tage to any school on the ground that it is or is not 
provided by a school board : 

Provided that wnere the school board satisfy the 
education department that in any year ending the 
twenty-ninth of September the sum required for 
the purpose of the annual expenses of the school 
board of any school district, and actually paid to 
the treasurer of such board by the rating authority, 
amounted to a vsum which would have been raised 
by a rate of threepence in the pound on the rateable 
value of such district, and any such rate would have 
produced less than twenty pounds, or less than seven 
shillings and sixpence per child of the number of 
children in average attendance at the public ele- 
mentary schools provided by such school board, such 
school board shall be entitled, in addition to the 
annual parliamentary grant in aid of the public ele- 
mentary schools provided by them, to such further 
sum out of moneys provided by parliament as, when 
added to the sum actually so paid by the rating au- 
thority, would, as the case may be, make up the 
sum of twenty pounds, or the sum of seven shillings 
and sixpence for each such child, but no attendance 



78' 



TJie Elementary Education Act. 



shall be reckoned for the purpose of calculating such 
average attendance unless it is an attendance as de- 
fined in the said minutes : 

Provided that no such minute of the education 
department not in force at the time of the passing 
of this Act shall be deemed to be in force until it 
has lain for not less than one month on the table of 
both Houses of parliament. 

The proviso to this section was inserted in the House of 
liOrds. The regulations as to grants to maintain schools are 
contained in the Second Chapter of the Code, which can be 
procured (price 3c{.) from the publishers oi this work. 

Befusai of 98. If the managers of any school which is situate 
^^Mry°' ^°^ *^® district of a school board acting under this 
schools. Act, and is not previously in receipt of an annual 
parliamentary grant, whether such managers are a 
school board or not, apply to the education depart- 
ment for a parliamentary grant, the education de- 
partment may, if they think that such school is 
unnecessary, refuse such application. 

The education department shall cause to be laid 
before both houses of parliament in every year a 
special report stating the cases in which they have 
refused a grant under this section during tlie pre- 
ceding year, and their reasons for each such refusal. 

99. The managers of every elementary school 
shall have power to fulfil the conditions required in 
pursuance of this Act to be fulfilled in order to ob- 
tain a parliamentary grant, notwithstanding any 
provision contained in any instrument regulating 
the trusts or management of their school, and to 
Bipply such grant accordingly. 

Report. 

lOD. The education department shall in every 
year cause to be laid before both houses of parlia- 
ment a report of their proceedings under this Act 
^ring the preceding year. 



Power of 
schools to 
take parlia- 
mentary 
grants. 



Annual 
report of 
education 
diepartmeqt. 



33 ^ 34 Vict. c. 75. Sch. I. 
FIRST SCHEDULE (a). 



79 



School District. 



The metropolis - 



Boroughs, ex- 
cept Oxford. 

District of the 
local board of 
Oxford. 

Parishes not 
included in any 
of the above- 
mentioned dis- 
tricts. 



School Board. 



The school 
board appointed 
under this Act. 



The school board 
appointed under 
this Act. 

The school board 
appointed under 
this Act. 

The school board 
appointed under 
this Act. 



Local Rate. 



In the City of 
London the conso- 
lidated rate (b). 

In the parishes 
mentioned in sche- 
dule A. and the dis- 
tricts mentioned in 
schedule fi. to the 
Metropolis Ma- 
nagement Act, 
1855, the general 
rate, and fund 
raised by the ge- 
neral rate (c). 

In places men 
tioned in schedule 
C. to the said Act, 
the rate levied for 
the purposes of 
the Metropolitan 
Poor Act, 1867, and 
any Act amending 
the same {d). 

The borough 
fund or borough 
rate (e). 

Rate leviable by 
the local board (/). 

The poor rate (^) 



Rating Authority. 



The commis- 
sioners of sewers. 



In the parishes 
the vestry, and in 
the districts thedls- 
trict board. 



The masters of 
the bench, trea- 
surer, governors, 
or other persons 
who have the chief 
control or autho- 
rity in such place. 



The council. 
The local board. 
TheoverseersCft). 



(a) See section 4, aiite, p. 5, and sectioa 37 (10), ante, p. 36, and section 94, ante, 
p. 76 

(b) See 32 & 33 Vict. c. 102, s. 22 
(e) See 18 & jg Vict. e. 120, s. 158. 
(4) See 30 Vict. c. 6, s. 66. 

(«) See 5 & 6 Will. 4, c. 76, ss, 48, 92. 
(/) See 28 & 29 Vict. c. 108, s. 8. 
((f) See 43 Eliz. c. 2, s. 1. 

{h) The term " overseer " will include the churchvardeos in the case of a parish. 
See 43 Eliz. c. 2, s. 1, in Glen's Poor Law Statutes. 



80 ^ Tlie Elementary Education Act. 

SECOND SCHEDULE (a). 
First Part. 

Rules respecting Election and Retirement of 
Members of a School Board. 

1. The election of a school board shall be held at 
such time, and in such manner, and in accordance 
with such regulations as the education department 
may from time to time by order prescribe, and the 
education department may by order appoint or direct 
the appointment of any officers requisite for the 
purpose of such election, and do all other necessary 
things preliminary or incidental to such election : 
Provided, that any poll shall be taken in the metro- 
polis in like manner as a poll is taken under " The 
Metropolis Management Act, 1855," and shall be 
taken in any other district in like manner as a poll 
of burgesses or ratepayers (as the case may be) is 
usually taken in such district. 

The Act nowhere prescribes the qualification required for a 
member of a school board, neither does it enable the education 
department to prescribe any qualification. It seems that the 
candidate need not be a ratepayer within the district, nor, in- 
deed, need he reside within a district. The Act does not say 
in what manner persons shall be nominated ; but doubtless 
the regulations which may be issued by the education depart- 
ment will provide the mode of nominating candidates. 

However they may be nominated, the candidates will not 
be nominated for particular parishes, but for the whole dis- 
trict, and they will he elected by the electors of the whole dis- 
trict ; and the votes will be given in accordance with section 
29, ante, p. 27. 

As regards the taking a poll in the metropolis, see sections 
21—27 of 18 & 19 Vict. c. 120, in the Appendix, post. 

By 6 & 6 Will. 4, c. 76, s. 29, every burgess who shall be 
enrolled on the bui-gess roll for the time being of the borough 
shall be entitled to vote in the election of councillors, and no 
person who shall not be enrolled in such burgess roll shall have 



(a) See section 31 (2), onte, p« 29. 



33 ^ 34 Viet. c. 75. Sch. II. 

any voice or be entitled to vote in such election. With regard 
to the mod* of taking the poll of burgesses, see sections 32 — 37 
of that Act. 

A poll of the vestry is taken under the 58 Geo. 3, c. 69, as 
to which see Glen's Parish Vestries Acts, fourth edition. 

With regard to offences and malpractices at the election, see 
sections 88—91, ante. 

As to elections in Oxford, see section 93, ante, p. 75. 

As to females voting at the election of a school board, see 
note to section 37, snb-section 6, ante, p. 35. 

2. The expenses of the election and taking the 
poll in any district other than the metropolis shall 
be paid by the school board out of the school fund. 

As regards the school fund, see section 53, ante, p. 44. 

3. An order made by the education department 
under the power contained in this part of this sche- 
dule shall, as regards any election held before the 
first day of September one thousand eight hundred 
and seventy-one, be deemed to be within the powers 
of this schedule, and to have been duly made and 
have effect as if it were enacted in this schedule, but 
shall not be of any force as regards any election 
after the said date unless it has been confirmed bj 
parliament. 

The order of the education department as regards any elec- 
tions held after the 1st September, 1871, to be of any validity 
must be confirmed by an Act of parliament. 

4. Any such order so far as relates to the metro- 
polis shall supersede any provisions contained in the 
Acts relating to the election of common councilmen, 
and in the Metropolis Management Act, 1855, and 
the Acts amending the same. 

5. If from any cause no members are elected at 
the time at which they ought to be elected in ac- 
cordance with this Act, then — 

(a.) In the case of the first election the education 
department may appoint another day for 
the election, or may proceed as in the casa 
of a school board in default ; 
e3 



SO' The Elementary Education Act. 

(Jv) Itt the case of a triennial election the retiring 
members, or so many as are willing to 
serve, shall be deemed to be re-elected, or, 
if all the retiring members refuse to serve, 
the education department may appoint 
another day for the election, or may pro- 
ceed as in the case of a school board in 
default. 

As to school boards ia default, see section 32, ante, p. 90, 
and section 63, cmte. 

6. If an insufficient number of members are 
elected, or if, in the case of no members being 
elected, some of the retiring members are and some 
are not willing to serve, the school board, so far as 
it is constituted, shall elect a person to fill each 
vacancy, 

7. No election under this Act shall be questioned 
on the ground of the title of the returning officer, 
or any person presiding at the poll, or any officer 
connected with the election. 

8. Notice of the election of a person to be a 
member of the school board shall be sent to that 
person by the returning officer : in the case of the 
first election such notice shall be accompanied by a 
summons to attend the first meeting of the school 
board at the prescribed time. 

9. The day for the triennial retirement of mem- 
bers shall be the prescribed day. 

See Article 19, post, as to the term " prescribed." 

10. The first members shall retire from office on 
the day for retirement which comes next after the 
expiration of three yeara from the day fixed for the 
first election. 

11. Members chosen to fill the offices of retiring 
members shall come into office on the day for retire- 
ment, and shall hold office for three years only. 

This means members cboseQ to fill th» offices vacated by 
retiring members. 

12. Any person who ceases to be a member of the 



33 ^ 34 Vict. c. 75. Sch. 11. 

school board shall, unless disqaalified as hereinafter 
mentioned, be re-eligible. 

13. A member of the school board may resign on 
giving to the board one month's previous notice in 
writing of his intention so to do. 

14. If a member of the school board absents 
himself during six successive months from all meet- 
ings of the board, except from temporary illness or 
other cause to be approved by the board, or is pu- 
nished with imprisonment for any crime, or is ad- 
judged bankrupt, or enters into a composition or 
arrangement with his creditors, such person shall 
cease to be a member of the school board, and his 
office shall thereupon be vacant. 

It seems that a member who absents himself from the meet- 
ings of the school board from permanent illness will not ne- 
cessarily vacate his office. 

The word " crime " will include a felony or misdemeanor ; 
bat imprisonment for not obeying an order of justices will not 
be imprisonment for a " crime." 

15. If any casual vacancy in office occurs by 
death, resignation, disqualification, or otherwise, an 
election shall be held in manner directed by an 
order made under the power contained in this part 
of this schedule. 

As to sach order, see Articles 1 and 3 of this Schedule, anfe* 

16. If by any means the number of members of a 
school board is reduced to less than the number 
required for a quorum, the education department 
may proceed as if such board were a board in default, 
or may direct an election to be held to fill up the 
vacancies in manner directed by an order made under 
the power contained in this part of this schedule. 

As to a quoram of members, see the third schedule, Article 
1 (d), post, p. 87, as to school boards in default, see sections 
32 and 63, ante; and as to the order of the education depart- 
ment, see Articles 1 and 3 of this Schedule, ante. 

17. The member chosen to fill up a casual vacancy 



^ The Elementary Education Act, 

shall retain his office so long: only as the vacating" 
member would have retained the same if no vacancy 
had occurred. 

18. If the number of the board is reduced in pur- 
suance of the provisions of this Act, the chairman of 
the board shall at some meeting, as soon as may be 
after such reduction, determine by ballot on the 
members who shall retire, so as to reduce the number 
of the board to the number to which it is so reduced. 

See section 39, ante, p. 37, as to the reduction of the num- 
ber of members forming a school board. 

19. The term " prescribed " in this schedule means 
prescribed by some minute or order of the education 
department. 



Second Part. 



Jitdes respecting JResolutions for Application for 
School Board. 

1. The meeting of a council for the purpose of 
passing such a resolution shall be summoned in the 
manner in which a meeting of the council is ordi- 
narily summoned, and the resolution shall be passed 
by a majority of the members present and voting on 
the question. 

As regards applications by town councils for school boards 
see section 12, ante, p. 10. 

The mayor of a borough has power to call an extraordinary 
meeting at any time he may think proper, by causing a notice 
signed by himself to be fixed on the Town Hall three days be- 
fore the day of the intended meeting, stating the time and 
place thereof. (See Rex v. Thomas, 8 A, & E. 183.) And 
in case the mayor shall refuse to call any meeting after a re- 
quisition for the purpose, signed by five members of the coun. 
cil at the least, shall hare been presented to him, it shall be 
lawful for the said five members to call a meeting of the coun- 
cil by giving a notice, to be signed by them instead of the 
mayor, and stating therein the business proposed to be trans- 
acted at such meeting ; and in every case a summons to attend 



33 4- 34 Ttct. c. 75. Sch. 11. 8^ 

the council, specifying the business proposed to be transacted 
at such meeting, signed by the town clerk, shall be leit at the 
usual place of abode of every member of the council, or at the 
premises in respect of which he is enrolled as a burgess three 
clear days at least before such meeting ; and no business shall 
be transacted at such meeting other than is specified in the 
notice. (5 & 6 Will. 3, o. 76, s. 69.) If the members present 
and voting on the question be equally divided, the chairman 
of the meeting shall have a casting vote. Ibid. 

2. The resolution passed by the persons who would 
elect the school board shall be passed in like manner 
as near as may be as that in which a member of the 
school board is elected, with such necessary modi- 
fications as may be contained in any order made 
under the powers of the first part of this schedule, 
and such powers shall extend to the passinji^ of the 
resolution in like manner as if it were an election, 
but the expenses incurred with reference to such a 
resolution shall be paid by the overseers out of the 
poor rate. 

As regards the applications for school boards referred to in this 
Article, see section 12, ante, p. 10; and as to the mode of 
passing the resolution, see the first part of this Schedule, Arti- 
cle 1, and the note thereon. 

3. If a resolution is rejected, the resolution shall 
not be again proposed until the lapse of twelve 
months from the date of such rejection. 

See, however section 10, ante, p. 9, as to the powers of the 
educational department with regai-d to the formation of school 
boards by that department. 



Third Part. 

Rules for Election oj School Board in Metropolis. 

1. If any person be returned for more than one 
division he shall, at or before.the first meeting of the 
school board after such election, signify in writing 
to the board his decision as to the division which he 



86 The Elementary Education Act. 

may desire to represent on such return, and if he 
fails so to do the school board shall decide the divi- 
sion which he shall represent ; and upon any such 
decision the office of member for the other division 
shall be deemed vacant. Such vacancy shall be 
filled up by an election to be held in manner di- 
rected by an order made under the power contained 
in the first part of this schedule. 

2. The provisions in the first part of this schedule 
shall apply in the case of the school board in the 
metropolis. 

3. The provisions in the first part of this schedule 
with respect to the proceeding in the case of no 
members being elected for a school district shall not 
only apply to the whole of the metropoUs, but shall 
apply to the case of no members being elected for 
any particular division, with this qualification, that 
the education department shall not proceed as in the 
case of a school board in default, but may direct that 
persons may be elected by the school board to be 
members for such division. 

4. In the places named in schedule (C.) to " The 
Metropolis Management Act, 1855," the expenses of 
the election shall be paid out of the local rate, and 
such rate, or any increase of the rate, may be levied 
for the purpose. 

5. The day for the retirement of members from 
office shall be the first day of December. 

6. Any casual election shall be held on the day 
fixed by the school board, and shall be an election 
for the division a member for which has created the 
vacancy. 

7. If any vacancy iS filled up by the school board 
the election shall be by the whole school board. 



33 # 34 Tict. c. 76. Sch. III. 
THIRD SCHEDULE (a). 



Proceedings of School Board. 

1. The board shall meet for the despatch of 
business, and shall from time to time make such 
regulations with respect to the summoning, notice, 
place, management, and adjournment of such meet- 
ings, and generally with respect to the transaction 
and management of business, including the quorum 
at meetings of the board, as they think fit, subject 
to the following conditions : — 

(a.) The first meeting shall be held on the third 
Thursday after the election of the board, 
and if not held on that day shall be held 
on some day to be fixed by the education 
department : 
(J.) Not less than one ordinary meeting shall be 
held in each month ; one meeting shall be 
held as soon as possible after every trien- 
nial election of members : 
(c.) An extraordinary meeting may be held at 
any time on the written requisition of 
three members of the board addressed to, 
the clerk of the board : 
{d.) The quorum to be fixed by the board shall 
consist of not less than three members^ 
and in the case of the metropolis not less 
than nine members : 
(«.) Every question shall be decided by a ma* 
jority of votes of the members present 
and voting on that question : 
(/;) The names of the members present as well 

(a) See sectipu 30 (6),. aaie» p. 29 ; and sectioa 94, p.. 76;. 



S8 TJie Elementary Education Act. 

as of those voting upon each question, 
shall be recorded • 
{g.) No business involving the appointment or 
dismissal of a teacher, any new expense, 
or any payment (except the ordinary pe- 
riodical payments), or any business which 
under this Act requires the consent of the 
education department, shall be transacted 
unless notice in writing of such business 
has been sent to every member of the 
board seven days at least before the 
meeting. 

2. The board shall at their first meeting, and 
afterwards from time to time at their first meeting 
after each triennial election, appoint some person to 
be chairman, and one other person to be vice- 
chairman, for the three years for which the board 
hold office. 

3. If any casual vacancy occurs in the office of 
chairman or vice-chairman the board shall, as soon 
as they conveniently can after the occurrence of 
such vacancy, choose one of their members to fill 
such vacancy, and every such chairman or vice- 
chairman so elected as last aforesaid shall continue 
in office so long only as the person in whose place 
he may be so elected would have been entitled to 
continue if such vacancy had not happened. 

4. If at any meeting the chairman is not present 
at the time appointed for holding the same the 
vice-chairman shall be the chairman of the meeting, 
and if neither the chairman nor vice-chairman shall 
be present then the members present shall choose 
some one of their number to be chairman of such 
meeting. 

5. In case of an equality of votes at any meeting 
the chairman for the time being of such meeting 
shall have a second or casting vote. 

6. All orders of the board for payment of money, 
and all precepts issued by the board, shall be 



33 ^ 34 Ftcf. c. 75. ^cA. III. 

deemed to be duly executed if signed by two or 
more members of the board authorized to sign them 
by a resolution of the board, and countersigned by 
the clerk; but in any legal proceeding it shall be 
presumed, until the contrary is proved, that the 
members signing any such order or precept were 
authorized to sign them. 

7. The appointment of any officer of the board 
may be made by a minute of the board, signed by 
the chairman of the board, and countersigned by 
the clerk (if any) of the board, and any appoint- 
ment so made shall be as valid as if it were made 
under the seal of the board. 

8. Precepts of the board may be in the form 
given at the end of this schedule. 

Proceedings of Managers appointed by a School 
Board. 

The managers may elect a chairman of their 
meetings. If no such chairman is elected, or if the 
chairman elected is not present at the time ap- 
pointed for holding the same, the members present 
shall choose one of their number to be chairman of 
such meeting. The managers may meet and ad- 
journ as they think proper. The quorum of the 
managers shall consist of such number of members 
as may be prescribed by the school board that ap- 
pointed tliem, or, if no number be prescribed, of 
three member3. Every question at a meeting shall 
be determined by a majority of votes of the mem- 
bers present and voting on that question, and in 
case of an equal division of votes the chairman 
shall have a second or casting vote. 

The proceedings of the managers shall not be 
invalidated by any vacancy or vacancies in their 
number. 

See section 15, ante p. 12, as to the latter part of this Sche- 
dule. 



90 Hie Elementary Education Act. 



Form of Precept. 

School district of to wit. 

To the council [or overset^s, ^c] of the borough 
[or parish] of . These are to require you, 

the council [or overseers] of the borough [or parish] 
of , from and out of the moneys in the 

bands of your treasurer [or your hands], to pay on 
or before the day of into the hands 

of A. B., treasurer of the school board of the said 
district, the sum of being the amount re- 

quired for the expenses of the said school board up 
to the of 18 ; and if there are 

no moneys in the hands of your treasurer [or your 
hands] to raise the same by means of a rate. 

(Signed) C.D.j\ Members of the school board 
E.F.,j of the district of 
O. H., clerk of the said school board. 



33 ^ 34 Vict. c. 76. Scks. IV. and V. 



91 



FOURTH SCHEDULE (a). 

School Sites Acts. 

The following Acts may be cited together as the " School 
Sites Acts, 1841 to 1851." 



Tear and Chapter of 
Act. 


TiUe of Act. 


Short Title by which Actt 
may be cited. 


4&6Vict.c.38 


An Act to afford further faci- 


The School Sites Act, 




lities for the conveyance 


1841. 




aud endowment of sites for 






schools. 




7&8Vict.c.37 


An Act to secure the terms on 


The School Sites Act, 




which grants are made by 


1844. 




Her Majesty out of the par- 






liamentary grant for the 






education of the poor ; and 






to explain the Act of the fifth 






year of Her present Ma- 






jesty, for the conveyance of 






sites for schools. 




12 & 13 Vict. c. 49 


An Act to extend and explain 


The School Sites Act, 




the provisions of the Acts 


1849. 




for the granting of sites for 






schools. 




14 & 15 Vict. 0.24 


An Act to amend the Acts for 


The School Sites Act, 




the granting of sites for 


1851. 




schools. 





FIFTH SCHEDULE (b). 
Divisions of Metropolis. 



Kame of Division. 


Xame of Division. 


Marylebone. 
Finsbury. 
Lambeth. 
Tower Hamlets. 
Hackney. 


Westminster. 

Southwark. 

City. 

Chelsea. 

Greenwich. 



(a) See section 20, ante, p. 19, and section 94, p. 76 with regard to this 
Schedule. 

(6) See section 37 (1), ante, p. 33 ; section 39, p. 37 ; and section 94, 
p. 74, with regard to the divisions of the metropolis. 



APPENDIX. 



I.— SCHOOL SITES ACTS(«). 



4 & 5 VICT. Cap. 38. 

An Act to afford further facilities for the Conveyance 
and Endowment of Sites for Schools. 

[21st June, 1841.] 

Whereas it is expedient that greater facilities should be 
given for the erection of schools and buildings for the 

Surposes of education : May it therefore please your 
lajesty that it may be enacted ; and be it enacted by 
the Queen's most excellent Majesty, by and with the ad,- 
vice and consent of the Lords spiritual and temporal, 
and Commons, in this present parhament assembled, and 
by the authority of the same, that from and after the Repeal or 
passing' of this Act an Act passed in the session held | "^J.^'^M' 
m the sixth and seventh years of the reign of His late things done 
Majesty King William the Fourth, intituled "An Act to Jn pursuance 
facilitate the Conveyance of Sites for Schoolrooms," shall ^Ji^^'vaUd 
be and the same is hereby repealed ; provided that all and those 
matters and things done in pursuance of the said Act commenced 
shall be and remain valid as though the said Act was not unued ac- 
repealed ; and all matters and things commenced in pur- cording to 
suance of the said Act shall be continued according to the ***'* *''*• 
provisions of this Act, if the same shall be appUcable, 
otherwise shall be continued conformably to the said 
recited Act, which shall be deemed to be still in force 
with regard to such proceedings. 



(a) See section 20, ante, p. 19. 



94 



Appendix. 



[4^5 Ttct. 



Landlords 2. And be it enacted, that any person being seised in 
to'conr^w^ fee simple, fee tail, or for life, of and iu any manor or 
3and to be lands of freehold, copyhold, or customary tenure, and 
used as sites having the beneficial interest therein, or in Scotland 
^r schools, |,gjjjg. j|jg proprietor in fee simple or under entail, and in 
possession for the time being, may grant, convey, or en- 
franchise by way of gift, sale, or exchange, in fee simple 
or for a term of years, any quantity not exceeding one 
acre of such landl, as a site for a school for the education 
of poor persons, or for the residence of the schoolmaster 
or schoolmistress, or otherwise for the purposes of the 
education of such poor persons in religious and useful 
knowledge ; provided that no such grant made by any 

{)erson seised only for life of and in any such manor or 
ands shall be valid, unless the person next entitled to 
the same in remainder in fee simple or fee tail (if legally 
competent) shall be a party to and join in such grant : 
Provided also, that where any portion of waste or com- 
monable land shall be gratuitously conveyed by anylord or 
lady of a manor for any such purposes as aforesaid the 
rights and interests of all persons in the said land shall 
be barred and divested by such conveyance : Provided 
also, that upon the said land so granted as aforesaid, or 
any part thereof, ceasing to be used for the purposes in 
this Act mentioned, the same shall thereupon imme- 
diately revert to and become a portion of the said estate 
held in fee simple or otherwise, or of any manor or land 
as aforesaid, as fully to all intents and purposes as if this 
Act had not been passed, anything herein contained to 
the contrary notwithstanding. 



Chancellor 
and council 
of the Duchy 
of Lancaster 
empowered 
to grant 
lands to the 
trustees of 
any existing 
or intended 
school. 



3. And whereas it may be expedient and proper that 
the chancellor and council of Her Majesty's Duchy of 
Lancaster, on Her Majesty's behalf, should be authorized 
to grant, convey, or enfranchise, to or in favour of the 
trustee or trustees of any existing or intended school, 
lands and hereditaments belonging to Her Majesty in 
right of Her said duchy, for tne purposes of this Act : 
Be it therefore enacted, that it shall and may be lawful 
for the chancellor and council of Her Majesty's Duchy 
of Lancaster for the time being, by any deed or writing 
under the hand and seal of the chancellor of the said 
duchy for the time being, attested by the clerk of the 
council of the said duchy for the time being, for and in 
the name of Her Majesty, Her heirs and successors, to 



e. 38.] School Sites Acts. 96 

grant, convey, or enfranchise, to or in favour of such 
trustee or trustees, any lands and hereditaments to be 
used by them for the purposes of this Act, upon such 
terms and conditions as to the said chancellor and coun- 
cil shall seem meet ; and where any sum or sums of 
money shall be paid as or for the purchase or considera- 
tion for such lands or hereditaments so to be granted, 
conveyed, or enfranchised as aforesaid, the same shall be 
paid by such trustee or trustees into the hands of the 
receiver-general for the time being of the said duchy, or 
his deputy, and shall be by him paid, applied, and dis- 
posed of according to the provisions and regulations 
contained in an Act passed in the Forty-eighth year of 
the reigTi of His late Majesty King George the Third, 48Geo. 3 
intituled " An Act to improve the land Revenue of the c. 73. 
Crown in England, and also of His Majesty's Duchy of 
Lancaster," or any other Act or Acts now in force for if lands 
that purpose : Provided always, that upon the said land cease to be 
80 granted as aforesaid, or any part thereof, ceasing to be purooses^of 
used for the purposes in this Act mentioned, the same the Act they 
shall thereupon immediately revert to and become again ^hau reTert. 
a portion of the possessions of the said duchy, as fully to 
all intents and purposes as if this Act or any such gmnt 
as aforesaid had not been passed or made, anything herein 
contained to the contrary notwithstanding. 

4. And be it enacted, that for the purposes of this Act OflScers of 
only, and for such time only as the same shall be used JJ^^^aj^^ "' 
for the purposes of this Act, it shall be lawful for any empowered, 
two of the principal officers of the Duchy of Cornwall, uponsuffi- 
under the authority of a warrant issued for that purpose rity,'to"grant 
under the hands of any three or more of the special com- lands to the 
missioners for the time being for managing the affairs *^"*^fgtfne 
of the duchy of Cornwall, or under the hands of any oHntended 
three or more of the persons who may hereafter for the school, 
time being have the immediate management of the said 
duchy, if the said duchy shall be then vested in the 
Crown, or if the said duchy shall then be vested in a 
Duke of Cornwall then under the hand of the chancellor 
for the time being of the said duchy, or under the hands 
of any three or more of the persons for the time being 
having the immediate management of the said duchy, 
by deed under their hands, to grant and convey to the 
trustees or trustee for the time being of any existing 
school, or of any school intended to be established by 



96 



Appendix. 



[4^6 Vict. 



•virtue of this Act, any lands, tenements, or hereditaments 
forming part of the possessions of the said Duchy of 
Cornwall, not exceeding in the whole one acre in any 
one parish, upon such terms and conditions as to the said 
special commissioners or chancellor, or such other persons 
If lands fis aforesaid, shall seem meet: Provided always, that 
cease to b« upon the said land so granted as aforesaid, or any part 
"uT^^sM^/ thereof, ceasing to be used for the purposes in this Act 
the Act they mentioned, the same shall thereupon immediately revert 
Bhaii revert, to and become again a portion of the possessions of the 
said duchy, as fully to all intents and purposes as if this 
Act or any such grant as aforesaid hath not been passed 
or made, anything herein contained to the contrary not- 
withstanding. 



Persons 
under dis- 
ability em- 
povered to 
convey 
lands for 



5. And be it enacted, that where any person shall be 
equitably entitled to any manor or land, but the legul 
estate therein shall be in some trustee or trustees it shall 
be sufficient for such person to convey the same for the 
purposes of this Act without the trustee or trustees being 
'f^ h^T**** P*^y ^ *^^ conveyance thereof; and where any married 
o IS ct. ^Qjnajj gjjali be seised or possessed of or entitled to any 
estate or interest, manorial or otherwise, inland proposed 
to be conveyed for the purposes of this Act, she and her 
husband may convey the same for such purposes by deed, 
without any acknowledgment thereof; and where it is 
deemed expedient to purchase any land for the purposes 
aforesaid belonging to or vested in any infant or lunatic, 
such land may be conveyed by the guardian or commit- 
tee of such infant, or the committee of such lunatic 
respectively, who may receive the purchase money for 
the same, and give valid and sufficient discharges to the 
party paying such purchase money, who shall not be 
required to see to the application thereof. 

Corpora- 6. And be it enacted, that it shall be lawful for any 

tice8*'i"u8- corporation, ecclesiastical or lay, whether sole or aggre- 

tees/fcc. gate, and for any officers, justices of the peace, trustees 

empowered or commissioners holding land for pubhc, ecclesiastical, 

landTfor parochial, charitable, or other purposes or objects, sub- 

the purposes ject to the provisions next hereinafter mentioned, to 

of this Act. grant, convey, or enfranchise, for the purposes of this 

Act, such quantity of land as aforesaid in any manner 

vested in such corporation, officers, justices, trustees, or 

commissioners : provided always, tnat no ecclesiastical 



c. 38.] School Sites Acts. 9? 

corporation sole, being below the dignity of a bishop, 
shall be authoi'ized to make such grant without the con- 
sent in writing of the bishop of the diocese to whose 
jurisdiction the said ecclesiastical corporation is subject : 
provided also, that no parochial property shall be granted 
for such purposes without the consent of a majority of 
the ratepayers and owners of property in the parish to 
which the same belongs, assembled at a meeting to be 
convened according to the mode pointed out in the Act 
passed in the sixth year of the reign of His late Majesty, 
intituled " An Act to facilitate the Conveyance of Work- 5 & 6 Wiu. 
houses, and other Property of Parishes and of Incorpora- ■*> <^' ^^• 
tions or Unions of Parishes in England and Wales," and 
without the consent of the poor law commissioners, to 
be testified by their seal being affixed to the deed of con- 
veyance, and of the guardians of the poor of the union 
within which the said parish may be comprised, or of the • 
guardians of the poor of the said parish where the 
administration of the relief of the poor therein shall be 
subject to a board of guardians, testified by such guar- 
dians being the parties to convey the same ; provided 
also, that where any officers, trustees, or commissioners, 
other than parochial trustees, shall make any such grant, 
it shall be sufficient if a majority or quorum authorized 
to act of such officers, trustees, or commissioners, assem- 
bled at a meeting duly convened, shall assent to such 
grant, and shall execute the deed of conveyance, 
although they shall not constitute a majority of the 
actual body of such officers, trustees, or commissioners : 
provided also, that the justices of the peace may give 
their consent to the making any grant of land or pre- 
mises belonging to any county, nding, or division by 
vote at their general quarter sessions, and may direct 
the same to be made in the manner directed to be pur- 
sued on the sale of the sites of gaols by an Act passed in 
the seventh year of the reign of His late Majesty 
Geoi^e the Fourth, intituled " An Act to authorize the ' ^feo. 4, 
Disj)osal of unnecessary Prisons in England." "' ^^' 

7. And be it enacted, that all grants of land or build- plants of 
ings, or any interest therein, for the purposes of the be"made w 
education ol poor persons, whether takmg effect under corporations 
the authority of this Act or any other authority of law, ('oto'hew'bT 
may be made to any corporation sole or aggregate, or to them for 
several corporations sole, or to any trustees whatsoever, school par- 
te be held by such corporation or corporations or trus- ^^^^^' 

F 



98 Appendix. [4 cj* 5 Vict. 

tees for the purposes aforesaid : provided nevertheless, 
that any such grant may be made to the minister of any 
parish being a corporation, and the churchwardens or 
chapelwardens and overseers of the poor, or to the min- 
ister and kirk session of the said pariah and their succes- 
sors ; and in such case the land or buildings so granted 
shall be vested for ever thereafter in the minister, 
churchwardens, or chapelwardens, and overseers of the 
poor, for the time being, or the minister and kirk session 
of such parish, but the management, direction, and in- 
spection of the school shall be and remain according to the 
provisions contained in the deed of conveyance tnereof ; 
provided also, that where any ecclesiastical corporation 
sole below the dignity of a bishop shall grant any land to 
trustees, other than the minister, churchwardens or 
chapelwardens, and overseers, for the purposes aforesaid, 
such trustees shall be nominated in writing by the bishop 
of the diocese to whose jurisdiction such corporation 
shall be subject ; provided that where any school shall 
be intended for any ecclesiastical district, not being a 
parish as hereinafter defined, it shall be sufficient if the 
grant be made to the minister and church or chapel- 
warden or wardens of the church or. chapel of such dis- 
trict, to hold to them and their successors in office ; and 
such ^ant shall enure to vest the land, subject to the 
conditions contained in the deed of conveyance, in such 
minister and the church or chapel warden or wardens 
for the time being. 

Estates now ft. And whereas schools for the education of the poor 
7rasteM'for i'l ^^^ principles of the estabhshed church, or in religious 
the purposes and useful knowledge, and residences for the masters or 
of education mistresses of such schools, have been heretofore erected, 
™yed to*the' and are vested in trustees not having a corporate 
minister and character: be it therefore enacted, that it shall be law- 
wwSmTs. ^"^ ^o'" *^^ trustees for the time being of such last- 
mentioned schools and residences, not being subject to 
the provisions of the Act passed in the last session of 
parhament, intituled ** An Act for improving the Condi- 
tions and extending the Benefits of Grammar Schools," 
to convey or assign the same, and all their estate and 
interest therein, to such ministers and churchwardens 
and overseers of the poor of the parish within which the 
same are respectively situate, and their successors as 
aforesaid, or, being situate within an ecclesiastical 
district not being a parish as hereinafter defined, then to 



c. 88.] School Sites Acts. 99 

the minister and church or chapelwardens of the church 
or chapel of such district, and their successors, in whom 
the same shall thereafter remain vested accordingly, but 
subject to and under the existing trusts and provisions 
respectively affecting the same. 

9. And be it enacted, that any person or persons or cor- Any pum- 
poration may grant any number of sites for distinct and ^ay°be**** 
separate schools, and residence for the master or mistress granted for 
thereof, although the aggregate quantity of land thereby ^*'P^'^ 
granted by such person or persons or corporation shall 
exceed the extent of one acre ; provided that the site of 

each school and residence do not exceed that extent; 
provided also, that not more than one such site shall be 
in the same parish. 

10. And be it enacted, that all grants, conveyances, Form of 
and assurances of any site for a school, or the residence Rranu, &c 
of a schoolmaster or schoolmistress, under the provisions 

of this Act, in respect of any land, messsuagee, or build- 
ings, may be made according to the form following, op 
as near thereto as the circumstances of the case will 
admit ; (that is to say,) 

" I, \or we, or the corporate title of a corporation], 
under the authority of an Act passed in the 
year of the reign of Her Majesty Queen Victoria, inti- 
tuled * An Act for affording further FaciUties for the 
Conveyance and Endowment of Sites for Schools,' do 
hereby freely and voluntarily, and without any valu- 
able consideration [or do, in consideration of the sum of 
, to me or us or the said paid,] 

grant, [alienate,] and convey to , all [descrip- 

tion of the premises], and aU [my or our or the right, 
title, and interest of the ] to and in the same 

and every part thereof, to hold unto and to the use of 
the said , and his or their [heirs or executors 

or administrators or successors], for the purposes of the 
said Act, and to be applied as a site for a school for poor 
persons of and in the parish of , and for the 

residence of the schoolmaster [or schoolmistress [of the 
said school, [or for other purposes of the said school], 
and for no other purpose whatever ; such school to be 
under the management and control of [set forth the 
mode in which and the persons by whom the school is to he 
managed, directed, and inspected]. In case the school be 
f2 



100 



Appemlix. 



[4^5 Vict. 



conveyed to trustees, a clause providing for the renewal 
of the trustees, and in cases where the land is purchased, 
exchanged, or demised, usual covenants or obligations 
for title, may he added.] In witness whereof the con- 
veying and other parties have hereunto set their hands 
and seals, this day of 

" Signed, sealed, and delivered by the said , 

in the presence of , of ." 

And no bargain and sale or livery of seisin shall be re- 
quisite in any conveyance intended to take effect under 
the provisions of this Act, nor more than one witness to 
the execution by each party ; and instead of such attes- 
tation such conveyance of any lands or heritages in 
Scotland shall be executed with a testing clause, accord- 
ing to the law and practice of Scotland; and, being 
recorded within sixtv days of the date thereof in the 
general register of seisins or particular register for the 
county or stewartry in which the lands or heritages lie, 
shall, without actual seisin, be valid and effectual in law 
to all intents and purposes, and shall be a complete bar 
to all other rights, titles, trusts, interests, and incum- 
brances to, in, or upon the lands or heritages so con- 
veyed. 

11. And be it enacted, that where any land shall be 
sold by any ecclesiastical corporation sole for the pur- 
poses of this Act, and the purchase money to be paid 
shall not exceed the sum of twenty pounds, the same 
may be retained by the party conveying, for his own 
benefit ; but when it shall exceed the sum of twenty 
pounds it shall be appUed for the benefit of the said cor- 
poration, in such manner as the bishop in whose diocese 
such land shall be situated shall, by writing under his 
hand, to be registered in the registiy of nis diocese, 
direct and appoint ; but no person purchasing such land 
for the purpose aforesaid shall be required to see to the 
due application of any such purchase money. 



▲ppiicatton 12. And be it enacted, that the price of any lands or 

monerfor*^ herltao'es to be sold for the pur])oses of this Act by any 

land sold in heir of entail or other incapacitated person or persons in 

ScoUand. Scotland shall be applied and invested in sucn and the 

like manner as is directed in relation to any money 

awarded to be paid for lands or heritages belonging to 

heirs of entail or incapacitated persons under an Act 

passed in the first and second years of the reign of His 



Application 
of purchase 
money for 
land gold by 
any eccle- 
siastical cor- 
poration 
sole. 



c. 38.] School Sites Acts. 101 

late Majesty King William the Fourth, intituled "An i&2Win.4, 
Act for amending and making more effectual the Laws *'* ' 
concerning Turnpike Roads in Scotland." 

13. And be it enacted, That when any ecclesiastical Ecciesiauicai 
corporation sole below the dignity of a bishop shall grant to pKwire°a 
any land belonging to him in right of his corporation for certificate as 
the purposes of this Act, he shall procure a certificate, ^^ the^iand"* 
under the hands of three beneficed clergymen of the conveyed, 
diocese within which the land to be conveyed shall be 

situate, as to the extent of the land so conveyed, to be 
endorsed on the said deed ; which certificate shall be in 
the form following ; (that is to say,) 

" We, a. B. clerk, rector of the parish of C. D. Fonn of 
clerk, rector of the parish of and E. F. clerk, vicar certificate, 
of the parish of being three beneficed clergymen of 
the diocese of do hereby certify, that clerk, rector 
of the parish of within the said diocese of 

being about to convey a portion of land situate in the 
said parish of for the purposes of a school, under the 
powers of the Act passed m the year of the reign of 
Her Majesty Queen Victoria, intituled 'An Act for 
affording further facilities for the conveyance and en- 
dowment of sites for schools,' we have at his request 
inspected and examined the portion of land, and have 
ascertained that the same is situate at [here describe the 
situation^ and that the extent thereof does not exceed 

acre . As witness our hands, this day of 
at in the county of and diocese of . Wit- 
ness of ." 

And until such certificate shall have been signed no 
such conveyance shall have any force or validity. 

14. And be it enacted. That when any land or Trustees em- 
building shall have been or shall be given or acquired ^"foJ^^J" 
under the provisions of the said first-recited Act or this change lands 
Act, or shall be held in trust for the purposes aforesaid, or buildings, 
and it shall be deemed advLsable to sell or exchange the 

same for any other more convenient or eligible site, it 
shall be lawful for the trustees in whom the legal e<tate 
in the said land or building shall be vested, by the direc- 
tion or with the consent of the managers and directors of 
the said school, if any such there be, to sell or exchange 



lOS Appendix. [4^5 Vict. 

the said land or building, or part thereof, for other land 
or building suitable to the purposes of their trust, and to 
receive on any exchange any sum of money by way of 
effecting an equality of exchange, and to apply the 
money arising from such sale or given on such exchange 
in the purchase of another site, or in the improvement of 
other premises used or to be used for the purposes of 
such trust ; provided that where the land shall have 
been given b^ any ecclesiastical corporation sole the con- 
sent of the bishop of the diocese shall be required to be 
given to such sale or exchange before the same shall 
take place : Provided also, that where a portion of any 
parliamentary grant shall have been or shall be applieci 
towards the erection of any school, no sale or exchange 
thereof shall take place without the consent of the secre- 
tary of state for the home department for the time 
being. 

All convey- 15. And whereas in many cases conveyances of land 
un^r'e & 7*^ ^*^^ ''^^^ made, purporting to be made in pursuance of 
w. 4, c. 70, the powers of the said first-recited Act, to the minister 
to be deemed or incumbent and the churchwardens or chapelwardens 
veaung'the'^ of Certain parishes or places, as and for sites of schools 
fee simple, or houses of residence for the schoolmasters ; and doubts 
have been entertained whether such conveyances are 
valid and effectual for the purposes of conveying the fee 
simple, in consequence of the said statute not containing 
any words of limitation to the successors of such persons : 
Be it therefore enacted, That all conveyances whereby 
any land shall have been conveyed to the minister or in- 
cumbent and the churchwardens or chapelwardens of 
any parish or place for the time being, whether made to 
them as such minister or incumbent and churchwardens 
or chapelwardens, or to them and their successors, shall 
be deemed and taken to have been and shall be valid and 
effectual for the purpose of vesting the fee simple, or 
such other estate as hath been proposed to be conveyed, 
in the persons who from time to time shall be the 
minister or incumbent and the churchwardens or chapel- 
wardens of such place, such minister being the rector, 
vicar, or perpetual curate, whether endowed or not, of 
the said parish or place. 

Certain con- 16. And whereas certain lands or buildings have 
Teyances oi jjggjj conveyed for valuable consideration, upon trust for 



c. 38.] School Sites Aets. 103 

the purposes of the education of the poor, and through lands, &c., 
inadvertence or other causes the deeds or assurances con- '^'^'"^** 
veying the same have not been enrolled in Chancery as not enroiioa 
required by the Act passed in the ninth year of the reign as required 
of His late Majesty King George the Second, intituled ef^f ren*^'^' 
" An Act to restrain the disposition of lands whereby the dered vaUd if 
same become unalienable," and by the said herein-before ^"JifJ^^o 
first-recited Act : Be it therefore enacted, That notwith- months from 
standing the said provisions all such conveyances shall the passing of 
be and remain valid for the space of twelve calendar **"* ■^*'** 
months next ensuing the passing of this Act, and if 
enrolled in Chancery before the expiration of that time 
shall be and remain valid hereafter as if duly enrolled 
within the time required by the provisions of the said Proviso for 
Acts : Provided nevertheless, that no effect shall be deeds 
given hereby to any deed or other assurance heretofore ^y^guit.™ 
made, so far as the same has been already avoided by 
any suit at law or in equity, or by any other legal or 
equitable means whatsoever, or to affect or prejudice any 
suit at law or in equity actually commenced for avoiding 
any such deed or other assurance, or for defeating the 
charitable uses in trust or for the benefit of which such, 
deed or other assurance may have been made. 

17. And be it enacted. That no schoolmaster or no school- 
schoolmistress to be appointed to any school erected upon master to 
land conveyed under the powers of this Act shall be fntere^ by * 
deemed to have acquired an interest for life by virtue of virtue of hia 
such appointment, but shall, in default of any specific appointnient. 
engagement, hold his office at the discretion of the trus- 
tees of the said school. 

18. And for the more speedy and effectual recovery of Justices of 
the possession of any premises belonging to any school ^^h^^ffs 
which the master or mistress who shall have been dis- to give pos- 
missed, or any person who shall have ceased to be session of 
master or mistress, shall hold over after his or her dis- rooms' &c., 
missal or ceasing to be master or mistress, be it enacted, i° case of 
That when any master or mistress, not being the master of\he^°**^ 
or mistress of any grammar school within the provision master. 

of the Act of the last session of parliament hereinafter 
mentioned, holding any schoolroom, schoolhouse, or any 
other house, land, or tenement, by virtue of his or her 
office, shall have been dismissed or removed, or shall 
have ceased to be master or mistress, and sh^l neglect 



104 Appendix. [7 ^^ Yict 

or refuse to quit and deliver up possession of the pre- 
mises within the apace of three calendar months after 
such dismissal or ceasing to be master or mistress, not 
having any lawful authority for retaining such posses- 
sion, it shall be lawful for the justices of the peace act- 
ing for the district or division in which such premises 
are situated, in petty sessions assembled, or any two of 
them, or for the sheriff of the county in Scotland, and 
they are hereby required, on the complaint of the 
trustees or managers of the said school, or some one of ^ 
them, on proof of such master or mistress having been 
dismissed or removed, or having ceased to be such 
master or mistress, to issue a warrant under their hands 
and seals, or under the hand of such sheriff in Scotland, 
to some one or more of the constables and peace officers 
of the said district or division or of the sheriff's officers 
in Scotland, commanding him or them, within a period 
to be therein named, not less than ten nor more than 
twenty-one clear days from the date of such warrant, to 
enter into the premises, and give possession of the same 
to the said trustees or managers or their agents, such 
entry and pospeasion being given in England in such 
manner as justices of the ])eace are empowered to give 
possession of any premises to any landlord or his agent 
under an Act passed in the second year of the reign of 
1 & 2 Vict. Her present Majesty, intituled " An Act to facilitate the 
c. 74. Recovery of Possession of Tenements after due Deter- 

mination of the Tenancy," 

Powers 19. And whereas by an Act passed in the last session 

to^^rommis- ^^ parliament, intituled " An Act to further amend the 
misBioners Church Building Acts," provision was made to enable 
v°*l' ^60 * ^^"^ ^^j^sty's commissioners for building new churches 
for applying to apply land in any parish granted to them for any of 
land to the purposes of the Church Building Acts to any other 
Mttcai'pur- ecclesiastical purposes, or for the purpose of any parochial 
poses ex- Or charitable school, or any other charitable or public 
tended to purpose relating to any such parish or place : And 
by°way^f whereas through an accidental omission such provision 
gift. does not extend to cases of land granted by way of gift : 

Be it therefore enacted. That such power so given to the 
said commissioners, so far as it is applicable to the pur- 
poses of any school, shall extend to every case of land 
granted, given, or conveyed to them under the authority 
of the several Acts in the said Act recited. 



e. 3?.] School Sites Acts. 106 

20. And be it enacted, That the term " parish" in this Definition of 
Act shall be taken to signify every place separately *?pj^^5™" 
maintaining its own poor, and having its own overseers 

of the poor and church or chapel wardens. 

21. And be it enacted, That this Act shall not extend ^ct not to 

. _ , J ' extend to 

to Ireland. Ireland. 

22. And be it enacted, That nothing herein contained ^^'j."°' ^ 
shall repeal or affect an Act passed in the second year of j « a vict. 
the reign of Her present Majesty, intituled " An Act to c 87, or 
facilitate the Foundation and Endowment of additional ^ '^g* ^"'** 
Schools in Scotland," or another Act passed in the last 
session of parliament, intituled " An Act to enable Pro- 

{ meters of entailed Estates in Scotland to feu or lease on 
ong Leases Portions of the same for the building of 
Churches and Schools, and for Dwelling-Houses and 
Gardens for the Ministers and Masters thereof." 

23. And be it enacted. That this Act may be altered ame^ded,*^ 
or amended by any Act to be passed in this session of &c. this ' 
Parliament. session. 



7 & 8 VICT. Cap. 37. 



An Act to secure the Terms on rvhich Grants are made 
by Her Majesty out of the Parliamentary Grant 
for the Education of the Poor ; and to explain the 
Act of the Fifth Year of the Reign of Her present 
Majesty, for the Conveyance of Sites for Schools. 

[19th July, 1844.] 

Whereas during several years last past divers sums of 
money have been granted by parliament to Her Majesty, 
to be applied for the purpose of promoting the education 
of the poor in Great Britain, and similar grants may 
hereafter be made : And whereas Her Majesty hath ap- 
pointed a committee of Her council to receive appli- 
cations for assistance from such grants, and to report 
thereon, and to advise Her as to the terms and conditions 
upon which such assistance shall be granted, and many 
such reports have been made and approved of by Her 
p3 



106 



Appendix. 



[7^8 net. 



The terms 
and condi- 
tions upon 
which par- 
liamentary 
aid has been 
given to- 
wards the 
building of 
schools 
secured upon 
the site. 



Majesty, and the terms and conditions having been as- 
sented to by the applicants, grants have been made out 
of the said fund : And whereas in some cases, by reason 
of the deeds of endowment of schools in respect of which 
such apphcations have been received having been exe- 
cuted Defore the grant has been made, such terms 
and conditions have not and cannot be made permanently 
binding on the estate ; but the parties promoting the 
said schools have entered into personal obligations or 
assurances for the due performance of such tenns and 
conditions, though deriving no beneficial interest from 
the charitable institution which they have established ; 
and it is desirable to provide permanent security to Her 
Majesty and her successors for the due fulfilment of the 
terms and conditions, and to reheve the parties from the 
personal liabiUties so entered into for the purpose afore- 
said : Be it therefore enacted by the Queen's most excel- 
lent Majesty, by and with the advice and consent of the 
Lords spiritual and temporal, and Commons, in this pre- 
sent parliament assembled, and by the authority of the 
same, that where any grant hath been made or shall 
hereafter be made out of any sums of money heretofore 
granted or hereafter to be granted by parliament for the 
purposes of education in Great Britain, under the advice 
of any committee of the council on education for the 
time being, upon terms and conditions to provide for the 
inspection of the school by an inspector appointed or to 
be appointed by Her Majesty and her successors, which 
shall not be inserted in the conveyance of the site of the 
school, or in the deed declaring the trusts thereof, and 
such grant shall be made in aid of the purchase of the 
site, or of the erection, enlargement, or repair of the 
school, or of the residence of the master or mistress 
thereof, or of the furnishing of the school, such terms 
and conditions shall be binding and obligatory upon the 
trustees or managers of the said school or other the 

{jremises for the time being, in like manner and to the 
ike efiect as though they had been inserted in the con- 
veyance of the site of the said school, or in the declara- 
tion of the trusts thereof ; and henceforth all personal 
obligations entered into for the purpose of securing 
the fulfilment of such terms and conditions shall, so far 
as they relate thereto, but no further, be null and void : 
Provided nevertheless, that such terms and conditions 
shall have been or shall be set set forth in some docu- 



c. 37.] Sclwol Sites Acts. \ 107 

ment in writing, signed by the trustees of the said school 
or the major part of them, or by the party or parties 
conveying the site, in the case where there shall have 
been a voluntary gift thereof. 

2. And whereas there are many endowments for the The temu 
purpose of education of the poor in Great Britain of "id'sh^^be 
ancient date, the schools whereon have become dilapi- granted to 
dated, and, the funds of such endowment being insuffi- ^J^^^^ °^ 
cient for the restoration thereof, application is made by endowed 
the trustees, or by the persons acting in the discharge schools, 
of the trusts thereof, for aid out of the said parliamentary 

grant, but the same hath been dechned, because such 
applicants could not impose upon their lawful successors 
in the said trust the conditions which the said committee 
would have advised Her Majesty to require to secure 
the due inspection of such schools, and it is expedient 
to enable them to do so : Be it therefore enacted, that 
where the major part or the trustees of any endowed 
school for the education of the poor duly appointed under 
the terms of the deed of endowment, or, when such 
deed cannot be found or cannot be acted upon, of the 
persons who shall be in the possession of the endowment, 
and shall be acting in the execution of the trusts or the 
reputed trusts thereof, shall, and in cases where there 
shall be a visitor of such school with the consent of 
such visitor in writing, apply for aid out of such 
parliamentaiy grant to enable them to rebuild, repair, or 
enlarge the school belonging to such endowment, or the 
residence of the master or mistress thereof, or to furnish 
such school, and shall in writing assent to the said school 
being open to inspection on behalf of Her Majesty and 
Her successors, if the said committee shall deem fit to 
advise that any such grant shall be made, it shall imme- 
diately after tfie making of such grant, and thenceforth 
from time to time, be lawful for any inspector of schools 
appointed bv Her Majesty and her successors, in con- 
formity wit& the terms contained in the writing testify- 
ing such consent as aforesaid, to enter the said school at 
all reasonable hours in the day for the purpose of in- 
specting and examining the state and condition of the 
school and scholars thereat, and of making such report 
thereon, as he shall deem fit. 

3. And whereas by an Act passed in the fifth year of Death of 

donor within 



106 



Appendix. [12 ^ 13 Ttct. 



tweire the reign of Her present Majeaty, intituled " An Act to 

montos'not ^^o^ further Facilities for the Conveyance and Endow- 
to avoid ment of Sites for Schools," it is enacted that any person, 
?T\ 86 ^^^^S seised in fee simple, fee tail, or for life of and in 
' ' * ■ any manor, or lands of freehold, copyhold, or customary 
tenure, may grant, convey, or enfranchise, and subject 
to the provisions therein mentioned, any quantity not 
exceeding one acre of land as a site for a school or other- 
wise, as therein likewise specified ; and it is desirahle to 
prevent any such grant, being of so limited an interest, 
from being defeated by the death of the grantor : Be it 
enacted, that where any deed shall have been or shall 
be executed under the powers and for the purposes con- 
tained in the said Act, without any valuable considera-. 
tion, the same shall be and continue valid, if otherwise 
lawful, although the donor or grantor shall die within 
twelve calendar months from the execution thereof. 

Site may be 4. And whereas it was provided bj^ the said Act that 
granted to grants of land or buildings, or any interest therein, for 

the minister ?, p ^i j ^^- n "^ • i!* l 

and church- the purposes of the education of poor persons, might be 
wardens. made to the minister of any parish, being a corporation, 
and the churchwardens or cnapelwardens and overseers 
of the poor and their successors, and it is sometimes 
found inexpedient or impracticable to introduce the over- 
seers as parties to the legal estate : Be it therefore en- 
acted, that such grants may be made to the minister and 
churchwardens of any parish, such minister being the 
rector, vicar, or perpetual curate thereof, whether en- 
dowed or not, to hold to them and their successors, subject 
to the provisions contained in the deed of conveyance 
thereof for the management, direction, and inspection of 
the school and premises. 



Sector, 

vicar, or 
perpetual 
curate may 
grant to the 
minister and 
churchwar- 
dens, or to 
the minister, 
chnrehwar- 
dens, and 
OTerseers of 
ills parish. 



6. And be it enacted, that if the rector, vicar, or per- 
petual curate of any parish shall be desirous of making 
a grant of any land for the purposes and under the 
powers of the said Act, being part of the glebe or other 
possessions of his benefice, and shall, with the consent 
of the patron of the said benefice, and of the bishop of 
the diocese within which the same shall be situated, grant 
the same to the minister and church or chapel wardens, 
or to the minister, church or chapel wardens, and 
overseers of the poor of the said parish, such grant 
shall be valid, and shall thenceforth enure for the pur- 
poses of the trust set forth therein, if otherwise lawfiil 



C. 49.] School Sites Acts. 109 

notwithstanding such minister is the party making the 
grant. 

6. And be it enacted, that this Act may be altered by Act may be 
any other Act in this session of parliament. wMton.*'"* 



12 & 13 VICT. Cap. 49. 



An Act to extend and explain the Provvtions of the 
Acts for the granting of Sites for Schools. 

[28th July, 1849.] 

Whereas by an Act passed in the fifth year of the 
reign of Her Majesty provisions are made for facilitating 
the erection of schools and buildings for the education 
of poor persons, which said Act hath been since explained 
and extended by an Act of the eighth year of the reign of 
Her Majesty ; and it is expedient that further facilities 
should be afforded for the conveyance of lands for sites 
for schools in cases where such lands are comprised with 
other lands in leases, and that some amendments should 
also be made in the said Acts : be it therefore enacted by 
the Queen's most excellent Majesty, by and with the 
advice and consent of the Lords spiritual and temporal, 
and Commons, in this present parliament assembled, and 
by the authority of the same, that if part only of any 
lands comprised in a lease for a term of years unex- oni/of itmd» 
pired shall be conveyed or agreed to be conveyed for underlease 
the purposes of the said firstly herein-before mentioned «on»ey«i, 
Act, the rent payable in respect of the lands comprised in fine upon " 
such lease, and any fine certain or fixed sum or money renewal of 
to be paid upon any renewals thereof, or either of such aoMruoned.* 
payments, may be apportioned between the part of the 
said lands so conveyed or agreed to be conveyed and the 
residue thereof ; and such apportionment may be settled 
by agreement between the parties following, that is to 
say, the lessor or other the owner subject to such lease of 
the lands comprised therein, the lessee or other the party 
entitled thereto by virtue of such lease or any assign- 
ment thereof for the residue of the term therereby 
created, and the party to whom such conveyance as 
aforesaid for the purposes of the said firstly hereinbefore 



110 



Appendix. 



[12 ^ 13 Ttct 



mentioned Act is made or agreed to be made ; and when 
such apportionment shall so be made it shall be binding 
on all under-lessees and other persons and corporations 
whatsoever, whether parties to the said agreement or 
not. 

tenanu'*nd' ^- ^^^ ^® ** enacted, that in case of any such appdr- 
remedies of tionment as aforesaid, and after the lands so conveyed or 
landlords, agreed to be conveyed as aforesaid shall have been con- 
^^ not veyed, the lessee, and all parties entitled under him to 
conveyed, the lands comprised in the lease not included in such 
conveyance, shall, as to all future accruing rent, and of 
all future fines certain or fixed sums of money, to be 
paid upon renewals, be liable only to so much of the rent 
and of such fines or sums of money as shall be appor- 
tioned in respect of such last-mentioned lands ; ana the 
party entitled to the rent reserved by the lease shall 
have all the same rights and remedies for the recovery 
of such portion of the rent as last aforesaid as pre- 
viously to such apportionment he had for the recovery 
of the whole rent reserved by such lease; and all the 
covenants, conditions, and agreements of such lease, ex- 
cept as to the amount of rent to be paid, and of fines or 
sums of money to be paid upon renewals, in case of any 
apportionment of the same respectively, shall remain in 
force with regard to that part of the land comprised in 
the lease which shall not be so conveyed as aforesaid, in 
the same manner as they would have done in case such 
part only of the land had been included in the lease. 



The same 
person may 
grant several 
sites for 
schools in 
the same 
parish if the 
ifhole extent 
do not 
exceed cer- 
tain limits. 
Ate 6 Vict, 
c. 38, ■. 9. 



3. And whereas by the said first-recited Act power 
is given to any person or corporation to grant any 
number of sites tor distinct and separate schools; but 
after providing that the site of each school and residence 
do not exceed one acre, it is also provided that not more 
than one such site shall be in the same parish ; and 
doubts have been entertained as to the meaning of this 
last-recited proviso : be it therefore declared and enacted, 
that nothing in the said Act contained shall prevent any 
person or corporation from granting any number of sites 
for separate and distinct schools in the same pai-ish, pro- 
vided the aggregate quantity of land granted by such 
person in the same parish shall not exceed the extent of 
pne acre. 



c. 49.] School Sites Acts. Ill 

4. And whereas it would be expedient that the abso- Grants of 
lute owners of land and tenants in tail in possession '*°^ ^°^ 
should have the power of granting land to a limited ex- schools by 
tent for the purpose of erecting sites for schools to be owners or 
applied and used in and for the education and instruc- ^"i^to^e" 
tion of persons intended to be masters or mistresses of valid, 
elementary schools for poor persons, without any risk of aithouK'* 
such grant being defeated by the death of the grantor : die"\»i5iin 
Be it therefore enacted, that it shall be lawful for all per- twelve 
sons, being such absolute owners or tenants in tail in ^o""**- 
possession as aforesaid, to grant, convey, or enfranchise, 
by way of gift, sale, or exchange, any quantity of land, 
not exceeding in the whole live acres, to any corporation 
sole or aggregate, or to several corporations sole, or to 
any trustees whatsoever, to be held, apphed, and used 
by such corporation or corporations or trustees in and 
for the erection of school buildings and premises thereon 
for the purpose of educating and instructing, and of 
boarding during the time of such education and instruc- 
tion, persons intended to be masters or mistresses of ele- 
mentary schools for poor persons, and for the residence 
of the principal or master or mistress and other officers 
of such institution ; and such gift, sale, or exchange 
shall be and continue valid, if otherwise lawful, although 
the donor or grantor shall die within twelve calendar 
months from the execution thereof: Provided always, 
that it shall be lawful for the trustees of such school 
buildings and premises to allow the same to be applied 
and used, concurrently with the education and instruc- 
tion of such masters or mistresses, for the purpose of 
boarding other persons, and of educating and instruct- 
ing the said persons in religious and useful knowledge. 

5 And whereas the absolute owners of land may grant, The owners 
subject to the regulations and provisions prescribed by °' '^"ii^to" 
the statutes in such behalf, any quantity of such land to ^est My 
trustees, to be held upon charitable purposes ; and it quantity of 
would be beneficial that they should be authorized to ex- pu^pog^of 
ercise such power in respect of lands granted for the sites these acu in 
or for the endowment of the last-mentioned schools, or of cpnx"*-- 
schools for poor persons, by vesting the same so as to *'°"*' 
secure it permanently for the purpose of the trust, with 
out the necessity of subsequent renewals of the deeds of 
trust : Be it therefore enacted, that where any such per- 
son shall he lawfully entitled to convey an estate in land 



118 



Mode of con- 
Teying the 
lord's in- 
terest and 
that of the 
copyholder 
in copyhold 
land. 



Appendix, [14 ^ 16 Vict 

to trustees, to hold the same upon any charitable use, 
and shall be desirous of conveying the same for the pur- 
poses of the Acts hereinbefore referred to, or this Act, or 
for the endowment of such schools, such person may 
gi-ant and convey the same to any corporation or corpo- 
rations as aforesaid, to be held in trust for such purposes, 
whatever may be the quantity of land or extent of the 
estate so to be granted and conveyed. 

6. And be it enacted, that where land of copyhold or 
customary tenure shall have been or shall be granted for 
the purposes of the said Acts, the conveyance of the 
same by any deed wherein the copyholder shall grant 
and convey his interest, and the lord shall also grant his 
interest, shall be deemed to be vahd and sufficient to vest 
the freehold interest in the grantee or grantees thereof 
without any surrender or admittance or enrolment in the 
Lord's Court. 



Interprets- 7. And be it enacted, that, except in cases where there 
Uon clause, shall be something in the subject or context repugnant 
to such construction, words occurring in this Act and 
the above-recited Acts importing the singular number 
shall include the plural number, and words importing the 
plural number shall include the singular number ; and 
words impoi*tingthe masculine gender only shall include 
females ; and the word " land "shall include messuages, 
houses, lands, tenements, hereditaments, and heritages 
of every tenure ; and the word " lease " shall include an 
under-lease, agreement for a lease, and missive of lease; 
and the word "owner" shall include any person or cor- 
poration enabled under the provisions of the said lirstly- 
liereinbefore-mentioned Act to convey lands for the pur- 
es thereof. 

Act may be 8. And be it enacted, that this Act may be amended 
amended, or repealed by any Act to be passed in this present session 
**• of parliament. 



e. 24.J School Sites Acts. 113 



14 & 15 VICT. Cap. 24. 

An Act to amend the Acts for the granting of Sites 
for Schools. 

[•24th July, 1851.] 

Whereas by the statute fourth and fifth Victoria, 
chapter thirty-eight, power is given to divers persons 
therein mentioned to grant, convey, and enfranchise a 
certain portion of land for the purpose of a site for a 
school for the education of poor persons, or for the 
residence of a schoolmaster or schoolmistress, or other- 
wise for the education of poor persons in religious and 
I seful knowledge, and provisions are contained therein 
for facilitating the convreyance of such sites and per- 
petuating the trusts of the deeds : And whereas the 
persons therein mentioned having been authorized to 
grant any number of sites for distinct and separate 
schools, and residences for the master or mistress thereof, 
it is provided that the site of each school and residence 
should not exceed the extent of one acre, and it is also 
provided that not more than one such site should be in 
the same parish : And whereas by the twelfth and 
thirteenth Victoria, chapter forty-nine, it is declared 
and enacted, that nothing in the last-recited Act con- 
tained should prevent any person or corporation from 
granting any number of sites for separate and distinct 
schools in the same parish, provided the aggregate 
quantity of land granted by such person in the same 
parish should not exceed the extent of one acre : And 
whereas by reason of the great extent of some parishes, 
wherein the population is very large, this limitation is 
found to be productive of inconvenience, and to prevent 
the extension of the education of the poor ; and it is 
desirable to make further provision in this behalf: Be it 
therefore enacted by the Queen's most excellent Majesty, 
by and with the advice and consent of the Lords • 
spiritual and temporal, and Commons, in this present 
parliament assembled, and by the authority of the same, 
as follows : 

1. The word parish in the sections of the statutes The word 
herein referred to shall, in the case of any parish which pajish in the 

' •' ^ 4 & o Vict. 



114 Appendix. [16 ^ 17 Vict, 

ajAii'tiiH ^^ heretofore been or shall hereafter be divided by 
Vict. c. 49, lawful authority into two or more ecclesiastical dis- 
8. 3, to tricts, whether confined to such parish, or comprising 
ec^esiMUcai ^^so any part of another parish, be construeo. with, 
dutrict in reference to such parish to signify each such eccle- 
pwish!^"*^ siastical district. 

incorpora- 2. This Act shall be construed as and be deemed to 
A« with*'* ^® ^ V^^ °^ the said recited Acts, except so far as it 
recited Acts, amends the same. 



II. — Provisions of Charitable Trusts Acts, 1853 to 
1869, which relate to the Sale, Leasing, and Ex- 
change of Lands belonging to any Charity (a). 

16 & 17 VICT. Cap. 137. 

An Act for the better Administration of Charitable 
Trusts. 

[20th August, 1853.] 

« * • « • 

Board may ^1. If in any case it appear to the trustees or per- 
ganction sons for the time being acting in the administration or 
1* asei"^ management of any charity, or the estates or property 
working thereof, that any part of the chaiity lands or estates 
mines, doing may be beneficially let on building, repairing, improv- 
iimprove^" ^^S °^ Other leases, or on leases for working any mine, 
ments ; or that the digging for or raising of stone, clay, gravel, 
or other minerals, or the cutting of timber, would be for 
the benefit of the charity, or that it would be for the bene- 
fit of such charity that any new road or street should be 
formed or laid out, or any drains or sewers made through 
any part of the charity estates, or that any new building 
should be erected, or that any existing building should 
be repaired, altered, rebuilt, or wholly removed, or that 
any other improvements or alterations in the state or 
condition of the lands or estates of such charity should 
be made, it shall be lawful for such trustees or persons 
to lay before the said board a statement and proposal in 
relation to any of the matters aforesaid : and it shall be 
lawful for the said board, if they think that the leases or 
acts to which the statement and proposal relate, (with or 

(a) See section 20, ante, p. 20, and section 78, ante, p. 67. 



c. 137.] Charitable Trusts Acts. 115 

without modifications or alterations) would be beneficial 
to the charity, to make such order under their seal for 
and in relation to the granting of such leases, or the 
doing of any other such acts as aforesaid, and any cir- 
cumstances connected therewith, as they may think fit, 
although such leases or acts respectively shall not be au- 
thorized or permitted by the trust ; and the said board, and may 
by any such order, may authorize the application of any authorize 
monies or funds belonging to the charity for any of the tion^onh?" 
purposes or acts aforesaid, and, if necessary, may autho- charity 
rize the trustees to raise any sum of money by mortgage r""s1ng'of''* 
of all or any part of the charity estates ; provided that money on 
compulsory provisions be reserved in, every such mort- mortgage 
gage for the payment of the principal money borrowed p^rpo^. 
by annual instalments, and for the redemption and re- 
conveyance of the mortgaged estates, within the period of 
not more than thirty years. 

« • » • « 

24. Upon application to the said board by the trustees Board, under 
or persons acting in the administration of any charity, special cir- 
representing to the said board that, under the 8peci*al m^^^Jtho*! 
circumstances of any land belonging to the charity, a rize sale or 
sale or exchange of such land can be effected on such ^^chMge of 
terms as to increase the income of the charity, or would lands/ 
otherwise be advantageous to the charity, such board 

may, if they think fit, inquire into such circumstances, 
and if after inquiry they are satisfied that the proposed 
sale or exchange will be advantageous to the charity 
may authorize the sale or exchange, and give such di- 
rections in relation thereto, and for securing the due 
investment of the money arising from any such sale, or 
by way of equality of exchange for the benefit of the 
charity, as they may think fit. 

25. The said board shall have authority, upon such Board may 
appHcation as aforesaid, to authorize the sale to the redempUon'* 
owners of the land charged therewith of any rentcharge, of rent- 
annuity, or other periodical payment charured upon land, charge*, 
and payable to or for the benefit of any charity, or applic- 
able to charitable purposes, upon such terms and condi- 
tions as they may deem beneficial to the charity, and to 

give such directions for securing the due investment of 
the money arising from such sale for the benefit of the 
charity, or for securing the due application thereof to 



116 Appendix. [18 ^ 19 Vict. 

such charitable purposes as they may think fit ; and in 
like manner the trustees of any charity, with the con- 
sent of the board, may purchase any rentcharg-e or other 
yearly payment to which the charity estate is or shall 
be liable. 

Leases, sales, 26. The leases, sales, exchange, and other transactions 
rize dby'the authorized by such board under the powers of this Act 
board to be shall have the like effect and validity as if they had been 
valid. authorized or directed by the express terms of the trust 

affecting the charity. 

27. Where any land shall be required for the erection 
or construction of any house or building, with or with- 
out garden, playground, or other appurtenances, for the 
purposes of any charity, and the trustees of the charity 
shall be legally authorized to purchase and hold such 
land, but by reason of the disability of any person 
having an estate or interest in such land, or of any 
defect in title thereto, a valid and perfect assurance of 
the same land cannot be made to the trustees of the 
charity in the ordinary manner, it shall be lawful for the 
trustees of the charity, with the sanction of the said board 
(such sanction to be certified under the hand of their 
secretary), to take and purchase such land according to 
the provisions of " The Lands Clauses Consolidation 
Act, 1846 ;" and for that purpose all the clauses and 
provisions of the last-mentioned Act with respect to the 
purchase of lands by agreement, and with respect to the 

Eurchase money or compensation coming to parties 
aving limited interests, or prevented from treating, or 
not making a title, and also with respect to conveyances 
of lands, so far as the same clauses and provisions re- 
spectively are applicable to the cases contemplated by 
this provision, shall be incorporated in this Act ; and in 
all cases cases contemplated by this provision the expres- 
sion " the Special Act," used in the said clauses and 
provisions of the said " Lands Clauses Consolidation 
Act," shall be construed to mean this Act ; and the ex- 
pression " the promoters of the undertaking," used in 
the same clauses and provisions, shall be construed to 
mean the trustees of the charity in question. 



Trastees of 
charities 
enabled to 
purchase 
sites for 
building 
from owners 
under dis* 
ability, &c., 
according to 
the provi- 
sions of 
Lands 

Clauses Ck>n- 
solidation 
Act, I84S 



c. 124.] Charitable Trusts Acts. 117 

18 & 19 VICT. Cap. 124. 
An Act to ameiid the Charitable Trusts Act, 1853. 

[I4th August, 1855.] 



16. The acting trustees of every charity, or the ma- Power to 
jority of them, provided that such majority do not con- tru«^gto 
sist of less than three persons, shall have at law and in grant leases, 
equity power to grant all such leases or tenancies of 
land belonging thereto, and vested in the official trustee 
of charity lands, as they would have power to grant in 
the due administration of the charity if the same land 
were legally vested in themselves ; and all covenants, 
conditions, and remedies contained in or incident to any 
lease or tenancy so granted shall be enforceable by and 
against the trustees or persons acting in the administra- 
tion of the charity for the time being, and their alienees 
or assigns, in like manner as if such lands had been 
legally vested in the trustees granting such lease or 
tenancy at the time of the execution thereof, and had 
legally remained in or had devolved to such trustees or 
administrators for the time being, their alienees or 
assigns, subject to the same lease or tenancy. 



29. It shall not be lawful for the trustees or persons Restnctioni 
acting in the administration of any charity to make or °^j*)g^| 

frrant, otherwise than with the express authority of par- of charity 
iament, under any Act already passed or which may estates, 
hereafter be passed, or of a court or judge of competent 
jurisdiction, or accordinjj: to a scheme legally established, 
or with the approval of the board, any sale, mortgage, 
or charge of tne charity estate, or any lease thereof in 
reversion after more than three years of any existing 
term, or for any term of life, or in consideration wholly 
or in part of any fine, or for any term of years exceeding 
twenty-one years. 

« * * « « 

32. The board may authorize the application of any ^^J^^ 



118 



Appendix. [23 ^ 24 Tict. 



payment for funds belonging to any charity in payments for equality 

exchange*'or ^^ exchange Or partition, or in payment of any expenses 

partition. incident thereto, or may authorize the trustees to raise 

any money for such purposes by mortgage of any land 

acquired on such exchange or partition, or belonging to 

the charity. 



may re-in- 
Test in land. 



Expenses of 34. The expenses incident to the application for and 
and part^ procuring of any such order of exchange or partition, or 
Uons, and order determining the land charged with any rent, 
appiiMHon^ annuity, or periodical payment, shall be paid by the 
of charges, trustees or administrators of the charity, or by the other 

parties to such transactions, or by both, as the board 

may direct. 

Incorporated 35, ^.^y incorporated charity, or the trustees of any 

charities and! ■> -^ 1. ^1 ^ • . j ^ -^i. ^i. 

trustees for chanty, whether mcorporated or not, may, with the 
consent of the board, invest money arising from any 
sale of land belonging to the charity, or received by 
way of equality of exchange or partition, in the pur- 
chase of land, and may hold such land, or any land 
acquired by way of exchange or partition, for the benefit 
of such charity, without any licence in mortmain. 

bo^rff^ ^^' ^^^ orders of the board for the investment of 

investments money coming to any charity, or the trustees thereof on 
to be carried any sale, exchange, or partition, shall be carried into 
and'cMr/o effect by the trustees or persons administering the 
be raised, charity ; and all monies which the board shall order to 
be provided out of any income or property of a charity 
for the payment of the costs of any such transaction 
shall be provided or raised by the trustees or adminis- 
trators 01 the charity, and appUed accordingly. 



Board may 
direct offi- 
cial trustees 
to convey 
lands, Sec. 



37. It shall be lawful for the board to authorize or 
order and direct the official trastee of charity lands and 
the official trustees of charitable funds respectively to 
convey lands, and to assign, transfer, and pay over 
stocks, funds, monies, and securities, as the board shall 
think expedient. 

Leases, &c. 38. All leases, sales, exchanges, partitions, and trans- 
♦« JL^^***' actions authorized by the board under the principal Act 



c. 136.] Charitable Trusts Acts, 119 

or this Act shall be valid and effectual, notwithstanding" standing 
the Act of the thirteenth year of the reign of Queen ^^'^""^ 
Elizabeth, chapter ten, the Acts of the fourteenth year 
of the same Queen, chapters eleven and fourteen, the 
Acts of the eighteenth year of the same Queen, chapters 
six and eleven, the Act of the thirty-ninth year of the 
same Queen, chapter five, and the Act of the twenty-first 
year of the reign of King James the First, chapter one, 
or any disabling Act applicable to the charity the estates 
whereof shall be the subject of any such transaction. 

39. It shall be lawful for the board to prepare, and ^°^^ ^^^ 
under their seal to approve of, any scheme for the letting schemes for 
of the property or any part of the property of any letting 
charity ; and all leases granted by any trustees or proMrtj'.* 
persons acting in the management of any charity, pur- 
suant to or in confonuity with such scheme, shall be 
vahd. 



41 . Section twenty-seven of " The Charitable Trusts Conrtruction 
Act, 1853," shall be construed and operate as if the °J^^^^ 
words " and the trustees of the charity shall be legally vict. c. 187. 
authorized to purchase and hold such land" had oeen 
omitted therefrom; and incorporated trustees of any 
charity shall be competent to purchase and hold lands 
for the purposes mentioned in the same section without 
licence in mortmain. 



23 & 24 VICT. Cap. 136. 

An Act to amend the Law relating to the administration 
oj endowed Charities. 

[28th August, I860.] 



15. The power vested in the said board by the twenty- sect, ai of 
first section of " The Charitable Trusts Act, 1853," of 16 & 17 Vict. 
authorizing the application of monies belonging to any *• 'jV''* 
charity, or to be raised on the security of the properties 



120 Appendix. [18 ^ 19 Viet. 

thereof, to the improvement of such properties, shall 
extend to authorize the application of any like monies 
to any other purpose or object which the board shall 
consicfer to be beneficial to the charity or the estate or 
objects thereof, and which shall not be inconsistent with 
the trustd or intentions of the foundation. 



26 & 26 VICT. Cap. 112. 



An Act for establishing the Jurisdiction of the Charity 
Commissioners in certain Cases, 

[7th Au^st, 1862.] 

Whereas by the Acts relating' to the charity commis- 
sioners for England and Wales authority has been given 
to the commissioners to make orders for various purposes 
in charity cases upon summary application, and particu- 
larly in relation to the appointment and removal of 
trustees, and the sale, exchange, leasing, and improve- 
ment of the property of charities : And whereas in 
various private Acts of Parliament and decrees and 
orders ot the High Court of Chancery relating to chari- 
ties such powers and authorities are often given or 
reserved, with directions that the same shall be exercised 
by the said court, or with its sanction or approbation, 
and doubts are entertained whether in such cases the 
authority given to the charity commissioners can be 
validly exercised : Be it therefore enacted and declared 
by the Queen's most excellent Majesty, by and with the 
advice and consent of the Lords spiritual and temporal, 
and Commons, in this present present Parhament 
assembled, and by the authority of the same, as follows : 

No provision 1 . No provision contained in any such Act of Parlia- 
in any Act of ment Or decree or order as aforesaid for the appointment 
or'dec^" ' or removal of trustees of any charity, or for or relating 
relating to to the sale, exchange, leasing, disposal, or improvement 
under'any'^ of any property, by or under the order or with the 
order of the approval of the Court of Chancery, shall (in the absence 
ch""^ "' to *^^ express direction to the contrary, to be contained 
exclude'a'ny in any future Act of Parliament, order, or decree,) ex- 
juriidiction clude Of impair any j urisdiction or authority which might 



c. 120.] Metropolis Management Acts, 121 

otherwise be properly exercised for the like purposes by which might 
the charity commissioners for Ensrland and Wales. otherwise be 

•' ° exercised by 

^ charity com- 

missioners. 



32 & 33 VICT. Cap. 110. 

An Act for Amending the Charitable Trtists Acts^ 

[11th August, 1869.] 



12. Where the trustees or persons acting in the adminis Legal power 
tration of any charity have power to determine on any of majority 
sale, exchange, partition, mortgage, lease, or other dis- deai^with* *** 
position of any property of the charity, a majority of charity 
those trustees or persons who are present at a meeting of **'*'®»- 
their body duly constituted and vote on the question 
shall have and be deemed to have always had full power 
to execute and do all such assurances, acts, and things 
as may be requisite for carrying any such sale, exchange, 
partition, mortgage, lease, or disposition into effect, and 
all such assurances, acts, and things shall have the same 
eifect as if they were respectively executed and done by 
all such trustees or persons for the time being and by the 
official trustee of charity lands. 



III. Incorporated provisions of " The Metropolis 
Management Act, 1855," and "The Metropolis 
• Management Amendment Act, 1862," (o) 

18 & 19 VICT. Cap. 120. 

An Act for the tetter Local Management of the 
Metropolis. 

[14th August, 1855.] 



14. Where any parish is divided into wards, the churchwar^ 
churchwardens, three clear days at least before the day dens to ap- 
of election, shall appoint in writing under their hands a p°'"' penonj 

(a) See section 37, subsection (6), ante, p. 34. 
G 



122 Appendix. [18 ^ 19 Tict. 

to preside at person to preside at such election as aforesaid in each of 
ward eiec. ^jjg gai(j wards, except any ward in which one of the 
churchwardens shall preside, and notify such appoint- 
ment to the vestry clerk of the parish. 

Rate coUec- 15. The rate collectors, or persons appointed by them, 
sS'the'eiec-*' ^^^^ attend the churchwardens and persons presiding at 
tioM. elections under this Act, and inspectors of votes, to assist 

in ascertaining- that the persons presenting themselves to 
vote are parishioners rated to the relief of the poor in the 
parish, or the respective wards thereof, and auly quali- 
fied to vote at the election. 

Form of 16. On the day of election of vestrymen and auditors 

proceeding at in any parish under this Act the parishioners then rated 
elections. ^ ^j^g relief of the poor in the parish, or, where the 
parish is divided into wards under this Act, in the ward 
thereof for which the election is holden, and who are 
desirous of voting, shall meet at the place appointed for 
such election, and shall then and there nominate two 
ratepayers of the parish, or (if the parish be divided into 
wards) of the ward for which the election is holden, as 
fit and proper persons to be inspectors of votes ; and the 
churchwardens, or, in the case of a ward election, such 
one of the churchwardens as is present thereat, or where 
one of the churchwardens is not present, the person 
appointed by them to preside thereat, shall, immediately 
after such nomination as aforesaid by the parishioners, 
nominate two other such ratepayers to be such inspectors ; 
and after such nominations the said parishioners shall 
elect such persons duly qualified as may be there pro- 
posed for the offices of vestrymen and auditors or audi- 
tor ; and the chairman at such meeting shall declare 
the names of the parishioners who have been elected by 
a majority of votes at such meeting : Provided never- 
theless, that no person shall be entitled to join or vote in 
any such election for any parish, or any ward of any 
parish, or be deemed a ratepayer thereof, or be entitled 
to do any act as such under this Act, unless he have been 
rated in such parish to the rehef of the poor for one year 
next before the election, and have paid all parochial rates, 
taxes and assessments due frova. him at the time of so 
voting or acting, except such as have been made or be- 
come due within six months immediately preceding such 
voting or acting. 



c. 120.] Metropolis Management Acts. 123 

17. Provided always, that any five ratepayers may ''°''^'" *° 'J^- 
then and there, in writing or otherwise, demand a poll, whkh'shau' 
which shall be taken by ballot on the dav next following, be taken by 
and shall commence at eight of the cloclc in the forenoon •'*^<"' 
and close at such hour as hereinafter mentioned ; that is 
to say, at six of the clock in the afternoon in the case of 
any election to be holden in November, 1855, and at 
eight of the clock in the afternoon in all other cases ; 
each ratepayer depositing as hereinafter provided two 
folded papers, one of which papers shall contain the 
names of the persons for whom such parishioner may 
vote as fit and proper to be members of the vestry, and 
the other shall contain the names or name of the persons 
or person for whom such parishioner may vote as fit and 
proper to be auditors or auditor of accounts ; and each 
ratepayer shall have one vote and no more for the mem- 
bers of the vestry, and one vote and no more for the 
auditors or auditor of accounts to be chosen in the said 
parish or ward. 

18. The persons voting shall deposit such folded Duty of in- 
papers in two separate sets of balloting glasses or boxes, yotes?" ° 
one set for voting papers for members of vestry, and 
another set for the voting papers for auditors or an 
auditor ; and the said balloting glasses or boxes shall be 

closed at the time hereinbefore fixed for the closing of 
the poll ; and the inspectors for the parish or ward (as 
the case may be) shall forthwith meet together, and 
proceed to examine the said votes, and if necessary shall 
continue the examination by adjournments from day to 
day, not exceeding two days (Sunday excepted), until 
they have decided upon the persons duly qualified ac- 
cording to the provisions of this Act who may have been 
chosen to fill the aforesaid offices. 

19. In case an equality of votes appear to the afore- Provision for 
said inspectors to be given for any two or more persons gg„*j^i°(_ ^f 
to fill either of the said offices, the inspectors shall decide votes. 

by lot upon the person to be chosen. 



21. If any person knowingly personate and falsely ^r"fJ,'Jo°"" 
assume to vote in the name of any parishioner entitled to falsifying 
vote in any election under this Act, or forge or in any way ^J voung 



124 



Appendix. [18 ^ 19 Vict. 



obstructing falsify any name or writing in any paper purporting to 
the election, contain the vote or votes of any parishioner voting in any 
such election, or by any contrivance attempt to obstruct 
or prevent the purposes of any such election, the person 
80 offending shall, upon conviction before any two or 
more justices of the peace having jurisdiction in the 
parish, be liable to a penalty of not less than 10/. and not 
more than 50/., and in default of payment thereof shall 
be imprisoned for a term not exceeding six nor less than 
three months. 



A list of 22. The inspectors shall, immediately after they have 

^ected^ decided upon whom the aforesaid elections have fallen, 
Testrymen deliver to the churchwardens, or to one of them, or other 
and audi- the person presiding at the election, a list of the persons 
rifhione^to chosen by the parishioners to act as vestrymen and au- 
be published, ditors or an auditor of accounts ; and the said list, or a 

copy thereof, shall be published in the parish as herein 

provided. 



Penalty on 
inspector 
for making 
incorrect 
return. 



23. If any inspector wilfujly make or cause to be 
made an incorrect return of the said votes, eveiy such 
offender shall, upon information laid by any person 
before two or more justices of the peace having jurisdic- 
tion in the parish, and upon conviction for such offence, 
be liable to a penalty of not less than 25/. and not ex- 
ceeding 50/. 

24. The vestry of every parish mentioned in either 
of the schedules (A.) and (B.) to this Act shall provide 
such places as may be requisite for holding elections of 
vestrymen and auditors under this Act, and taking the 
poll thereat ; and the expenses of providing such places, 
of publishing notices, of taking the poll, and of making 
the return at elections of vestrymen and auditors, shaU 
be paid out of the poor ratea of the parish by order of the 
vestry : Provided always, that the places requiring to 
be provided for the first election under this Act of vestry- 
men and auditors in any parish shall be provided by the 
churchwardens, and the expenses of providing the same 
shall be paid out of the poor rates, upon their order. 

As to pa 25. The provisions hereinbefore contained shall, so far 

rishes having qs concems any parish in either of the said schedules 



Vestries to 
provide 
places for 
holdine 
elections, 
and pay 
expenses 
of taking 
poll, &c. 



e. 120.] Metropolis Management Acts. 125 

(A.) and (B.) in which there are no churchwardens, be no church- 
construed as referring- to the Overseers of the poor instead wardens. 
of the churchwardens. 

26 Every notice and list hereinbefore required to be How notices 
published in any parish or ward of any parish shall be """^ '''".'°. 
80 published by being* tixed in some public and conspi- ^^" '* * * 
cuous situation, on the outside of the outer door or outer 
wall near the door of every church and public chapel in 
such parish or ward, including places or public worship 
which do not belong to the Established Church, and if 
there be no such building' as aforesaid, then in some 
public and conspicuous situation within such parish or 
ward. 

27. If any churchwarden, overseer, rate collector, or churchwar- 
other parish officer refuse or neglect to call any meeting, dens, &c., 
or give any notice, or do any other act required of him f°^ ^"ShVct 
under the provisions of this Act, he shall be deemed guuty of mis- 
guilty of a misdemeanor. demeanor. 



172. For obtaining payment of the suras so assessed Payment to 
upon the city of London and the parishes mentioned f^m^e*** 
in schedules (A) and (B.) to this Act, the said board city and from 
shall issue precepts under their seal, requirine: pay- parishes by 
ment thereof to their treasurer, or into any bank Jhq cham- 
therein mentioned, within such time as may be therein beriain of 
limited, and every such precept for any sum assessed Jo^v^'ri^"'' 
upon the city of London shall be directed to the cham- and district 
beriain of the said city ; and every such precept for any boards, 
sum assessed upon any parish mentioned in schedule 

(A.) to this Act shall be directed to the vestry thereof; 
and every such precept for any sum assessed upon any 
district mentioned in schedule (B.) to this Act, or any 
parish comprised therein, shall be directed to the board 
of works for such district ; and where any such sum is 
assessed upon any part of any parish or district, the said 
metropolitan board shall specify in their precept the 
part of such parish or distnct upon which such sum is 
assessed. 

173. The chamberlain of the city of London shall. Payment 
out of any monies in the chamber of the said city pay ^g|g^ 



upon t^e 
city. 



126 Appendix. [25 ^ 26 Vict 

to the treasurer of the metropolitan board of works, 
or otherwise as they may direct, the sums required by 
their precepts, withm such time as may be therein men- 
tioned ; and ail payments so made by the said chamber- 
lain shall be charged by him against and reimbursed to 
him out of any rates which the commissioners of sewers 
of the city of London are authorized to direct to be 
made under any Act relating to the sewerage of the said 
city ; and such commissioners shall have full power to 
raise every such sum by any such rate which they may 
be authorized to direct to be made as aforesaid, or by 
any addition thereto. 

TMWMand'^ 174. All sums which any vestry or district board 
district may be required to pay by such precepts aa aforesaid 
boards of shall be paid by such vestry and board respectively 
sessed by within such time as may be therein mentioned, and shall 
metropolitan be raised in like manner as if the same were required 
by the said vestry or board for defraying the expenses 
of such vestry or board in the execution of their powers 
and duties under this Act in relation to the sewerage of 
their parish or district. 



board. 



25 & 26 VICT. Cap. 102. 



An Act to amend the Metropolis Local Management 
Acts. 

[7th August, 1862.] 



Payment of 
sums as- 
sessed u{.on 
places in 
said sche- 
dule (C.) 



12. For obtaining payment of the sum assessed upon 
any place mentioned in schedule (C.) to the firstly recited 
Act tor the metropoUs main drainage rate, the said board 
shall issue a precept under their seal requiring payment 
of the amount mentioned in such precept to their trea- 
surer, or into any bank therein mentioned, within such 
time or times as may be therein limited, and every such 
precept shall be directed to the masters of the bench, 
treasurer, governors, or other body or persons having the 
chief control or authority in any such place ; and the 



e. 102.] Metropolis Management Acts, 127 

body or persons to whom any such precept shall be di- 
rected shall raise and levy the money required by the 
same by means of a separate rate, in like manner and 
subject to the hke provisions as the sewers rate to be 
made under the provisions of the firstly recited Act and 
this Act ; and the said body or persons may appoint one 
OP more persons to collect any such rate, and may pay 
him or them such salary, poundage, or allowance as 
they may deem just and reasonable, and may take such 
security from every such collector for the due execution 
of his duty as they shall think reasonable and proper ; 
and the several provisions hereinafter contained with re- 
spect to the levying, paying over, and accounting for 
monies levied by collectors by direction of any vestry 
shall be applicable to every such collector ; and the several 
enactments with respect to the levying of monies by the 
said metropolitan board on the default of vestries and 
district boards shall apply in case of a default by the body 
or persons to whom any such precept may be directed by 
the said board to levy and pay over the money therein 
named according to the exigency thereof. 

13. It shall be lawful for the metropolitan board of ^^'/"P^^J**" 
works, in case of any omission or other inaccuracy in amend as- 
any assessment or precept which they have made or Bessment* 
issued, to make such amendments or alterations therein whereleces- 
as may render the same conformable to the provisions of sary. 
the recited Acts and this Act ; and it shall be lawful for 
the said board, should they deem it requisite and proper 
to revoke any precept which they may have issued, and 
to issue anotner precept in lieu thereof. 



36. The inspectors of votes directed to be appointed inspectors 
under the firstly-recited Act for any parish, or, where °' ''°}^^ ^ 
any parish is divided into wards, for any ward of a umpire, 
parish, may, before commencing' the duties of their 
office under the said Act, appoint by writing under their 
hands an umpire ; and in case the said inspectors shall 
be unable to agree upon or determine by a majority any 
matter which they are by the said Act I'equired to de- 
termine, such matter shall be decided by the said umpire, 
and his decision in relation thereto shall be final and con- 
clusive. 



128 Appendix. [10 Vict. 

The Commissioners Clauses Act, 1847 (o). 

10 VICT. Cap. 16. 

An Act for consolidating in one Act certain provisions 
usually contained in Acts rvith respect to the constitu- 
tion and regulation of bodies of commissioners 
appointed for carrying on undertakings of a puhl.c 
nature. [23r(i April, 1847.] 

• * « « * 

And with respect to the mortgages to be executed by the 
commissioners, be it enacted as follows : 

Forms of 75. Every mortgage or assignation in security of rates 

mortgage. ^^ other property authorized to be made under the pro- 
visions of this or the special Act shall be by deed auly 
stamped, in which the consideration shall be truly 
stated ; and every such deed shall be under the common 
seal of the commissioners if they be a body corporate, or 
if they be not a body corporate shall be executed by the 
commissioners, or any five of them, and may be accord- 
ing to the form in the schedule (B.) to this Act annexed, 
or to the like effect ; and the respective mortgagees or 
assignees in security shall be entitled one with another 
to their respective proportions of the rates and assess- 
ments or other property comprised in such mortgages or 
assignations respectively, according to the respective 
sums in such mortgages or assignations mentioned to be 
advanced by such mortgagees or assignees respectively, 
and to be repaid the sums so advanced, with interest, 
without any preference one above another by reason of 
the priority of advancing such monies, or of the dates of 
any such mortgages or assignations respectively. 

Beguter of 76. A register of mortgages or assignations in security 
mortgage* to shall be kept by the clerk to the commissioners, and where 
to ^opeTto ^y *^^ special Act the commissioners are authorized or 
inspecUon. required to raise separate sums on separate rates or other 
property, a separate register shall be kept for each class 
of mortgages or assignations in security, and within 
fourteen days after the date of any mortgage or assigna- 
tion. in security an entry or memorial of the number and 
date thereof, and of the names of the parties thereto, with 
their proper additions, shall be made in the proper regis- 
ter, and every such register may be perused at all 

{a) See section 57, ante, p. 47. 



c. 16.] Cummisnoners Clauses Act. 12£ 

reasonable times by any person interested in any such 
mortgage or assignation in security without fee or reward. 

77. Any person entitled to any such mortgage or Transfers of 
assignation may transfer his right and interest therein mortgages. 
to any other person, and every such transfer shall be by 

deed duly stamped, wherein the consideration shall be 
truly stated ; and every such transfer may be according 
to the form in the schedule (C.) to this Act annexed, or 
to the like effect. 

78. Within thirty days after the date of every such t^t'im'to 
transfer, if executed within the United Kingdom, or be kept, 
otherwise within thirty davs after the arrival thereof in 

the United Kingdom, it shall be produced to the clerk to 
the commissioners, and thereupon such clerk shall cause 
an entry or memorial thereof to be made, in the same 
manner as in the case of the original mortgage or assig- 
nation in security, and for such entry the clerk may de- 
mand a sum not exceeding five shillings ; and after such 
entry every such transfer shall entitle the transferee, his 
executors, administrators, or assigns, to the full benefit of 
the original mortgage or assignation in security, and the 
principal and interest thereby secured, and such trans- 
feree ma)' in like manner assign or transfer the same 
again toties quoties, and it shall not be ui the power of 
any person, except the person to whom the same shall 
have been last transferred, his executors, administrators, 
or assigns, to make void, release, or discharge the mort- 
gage or assignation so transferred, or any money thereby 
secured. 

79. Unless otherwise provided by any mortgage or interest on 
assignation in security, the interest of the money bor- mortgages o 
rowed thereupon shall be paid half-yearly to the several yearfy. '^^ 
parties entitled thereto. 

80. If the commissioners can at any time borrow or Vowet to 
take up any sum of money at a lower rate of interest money at a 
than any securities given by them and then be in force lower rate oi 
shall bear, they may borrow such sura at such lower rate ' g'^'^^V 
as aforesaid, in order to pay off and discharge the secu- ritips atT" 
rities bearing such higher rate of interest, and may higher rate, 
charge the rates and other property which they may be 
authorized to mortgage or assign in security under this 

or the special Act, or any part thereof, with payment of 
such sum and such lower rate of interest, in such manner 
Q 3 



/ 

130 Appendix. [10 Viet. 

and subject to such regulations as are herein contained 
with respect to othei' monies borrowed on mortgage 
or assignation in security. 

Repayment gl. The commissioners may, if they think proper, fix 
bomwed at * period for the repayment of all principal monies bor- 
a time and rowed under the provisions of this or the special Act, 
Spon ^^'^^ with the interest thereof, and in such case the commis- 
sioners shall cause such period to be inserted in the 
mortgage deed or assignation in security ; and upon the 
expiration of such period the principal sum, together 
with the arrears of interest thereon, shall, on demand, be 
paid to the party entitled to receive such principal 
money and interest, and if no other place of payment be 
inserted in such deed such principal and interest shall be 
payable at the office of the commissioners. 

Repayment ^^' ^^ ^^ ^^^^ ^^ fixed in the mortgage deed or assig- 
of money nation in security for the repayment of the money so 
borrowed borrowed, the party entitled to receive such monej^ may, 
time or place &* the expiration or at any time after the expiration of 
has been twelve months from the date of such deed, demand pay- 
agreed upon, jjjgjjt of the principal money thereby secured, with all 
arrears of interest, upon giving six months previous 
notice for that purpose, and in the like case the commis- 
sioners may at any time pay off the money borrowed, on 
giving the like notice ; ancl every such notice shall be in 
writing or print, or both, and if given by a mortgagee 
or creditor shall be delivered to the clerk or left at the 
office of the commissioners, and if given by the commis- 
sioners shall be given either personally to such mort- 
gagee or creditor, or left at his residence, or if such 
mortgagee or creditor be unknown to the commissioners, 
or cannot be found after diligent inquiry, such notice 
• shall be given by advertisement in the London Gazette 
if the office of the commissioners is in England, the 
Edinburgh Gazette if it is in Scotland, or in the Dublin 
Gazette if it is in Ireland. 

Interest to 83. If the cotomissioners shall have given notice of 
cease on ex- their intention to pay off any such mortgage or assigna- 
noUceTo pay ^^'^^ ^^ security at a time when the same may lawfully 
off a mort- be paid off by them, then at the expiration of such 
gage debt, notice all further interest shall cease to be payable thereon, 
unless, on demand of payment made pursuant to such 
notice, or at any time thereafter, the commissioners fail 



^. 16.] Commissioners Clauses Act. 131 

to pay the principal and interest due at the expiration of 
such notice on such mortgag-e or assignation in security. 

84. In order to discharge the principal money bor- Mon>fs bor- 

j ,. . J ^^ i^ '^ K ^r. i ii- rowed on se- 

rowed as aioresaid on security oi any oi the rates the curity of 
commissioners shall every year appropriate and set apart ratps to be 
out of such rates respectively a sum equal to the pre- })^fte(fp'r-* 
scribed part, and if no part be prescribed one twentieth riod. 
part of the sums so borrowed respectively, as a sinking 
fund to be applied in paying off the respective principal 
monies so boiTowed, and shall from time to time cause 
such sinking fund to be invested in the purchase of 
exchequer bills or other government securities, or in 
Scotland deposited in one of the banks there incorporated 
by Act of Parliament or Royal Charter, and to be in- 
creased by accumulation in the way of compound 
interest or otherwise, until the same respectively shall be 
of sufficient amount to pay off the principal debts respec- 
tively to which such sinking fund shall be applicable, 
or some part thereof which the commissioners shall think 
ought then to be paid off, at which time the same shall 
be so applied in paying off the same in manner herein- 
after mentioned. 

85. Whenever the commissioners shall be enabled to Mode of 
pay off one or more of the mortgages or assignations in S^rJ^g^, 
security which shall be then payable, and shall not be 

able to pay off the whole of the same class, they shall 
decide the order in which they shall be paid off by lot 
among the class to which such one or more of the mort- 
gages or assigoations in security belong, and shall cause 
a notice, signed by their clerk, to be given to the persons 
entitled to the money to be paid off, pursuant to such 
lot, and such notice shall express the principal sum pro- 
posed to be paid off, and that the same will be paid, 
together with the interest due thereon, at a place to be 
specified, at the expiration of six months from the date 
of giving such notice. 

86. Where by the special Act the mortgagees or Arrears of 
assignees in security of the commissioners are empowered interest,when 
to enforce the payment of the arrears of interest, or the forcwf by 
arrears of principal and interest, due to them, by the appointment 
appointment of a receiver, then, if within thirty days °^*''"^^'"''' 
after the interest accruing upon any such mortgage or 
assignation in security has become payable, and, after 



Arrears of 
prin< 



/ 

132 Appendix, [10 Vict. 

demand thereof in writing, the same be not paid, the 
mortgagee or assignee in security may, without prejudice 
to his right to sue for the interest so in arrear in any of 
the superior courts, require the appointment of a 
receiver, by an application to be made as herein-after 
provided; and if within six months after the principal 
r...j^"aUnd ™one^ owing upon any such mortgage or assignation in 
interest. security has become payable, and after demand thereof 
in writing the same be not paid, together with all in- 
terest due in respect thereof, the mortgagee or assignee 
in security, without prejudice to his right to sue for such 
principal money, together with all arrears of interest, in 
any of the superior courts, may, if his debt amount to 
the prescribed sum, alone, or if his debt do not amount 
to the prescribed sum he may in conjunction with other 
mortgagees or assignees in security, whose debts being 
so in arrear, after demand as aforesaid, together with his 
amount to the prescribed sum, require the appointment 
of a receiver, by an apphcation to be made as herein-after 
provided. 

As to the ap- S^- Every application for a receiver in the cases afore- 
pointraent of Said shall in England or Ireland be made to two justices, 
leceiver. ^j^^j jjj Scotland to the sheriff, and on any such applica- 
tion such justices or sheriffs may, by order in wnting, 
after hearing the parties, appoint some person to receive 
the whole or a competent part of the rates or sums liable 
to the payment of such interest, or such principal and in- 
terest, as the case may be, until such interest, or until 
such principal and interest, as the case may be, together 
with all costs, including the charges of receiving the 
rates or sums aforesaid, be fully paid ; and upon such 
appointment being made all such rates and sums of 
money as aforesaid, or such part thereof as may be 
ordered by the said justices or sheriff, shall be paid to the 

Eerson so to be appointed, and the money so paid shall 
e so much money received bv or to the use of the party 
to whom such interest, or sucli principal and interest, as 
the case may be, shall be then due, and on whose behalf 
such receiver shall have been appointed, and after such 
interest and costs, or such principal, interest, and costs, 
have been so received, the power of such receiver shall 
cease. 

j^^ ^ 88. The books of account of the commissioners shall be 

booki to be open at all seasonable times to the inspection of the re- 



e. 16.] 



Commissioners Clauses Act. 133 



spective mortg'ag'ees or assignees in security of tbe com- open to the 
missioners, with liberty to take extracts therefrom with- inspection of 

.J, ' ^ •' mortgagees. 

out fee or reward. 

SCHEDULE (B.) Sect. 75. 

Form of Mortgage. 

By virtue of \Jiere name the special Act], we \Jiere 
name the corporation, if the commissioners be incorpo- 
rated, or if not incorporated, five of the commissioners, 
appointed in pursuance of the said Act, in consideration 
of the sum of paid to the treasurer to the said com- 
missioners by A.B of for the purposes of the said 
Act, do grant and assign unto the said ^.^.,hia executors, 
administrators, and assigns, such proportion of the rates, 
rents, profits, and other monies arising or accruing by 
virtue of the said Act from [here describe the rates or 
other property proposed to be mortgaged] as the said 
sum of doth or shall bear to the whole sum which 
is or shall be borrowed upon the credit of the said 
rates, rents, profits, or monies, to hold to the said 
A.B., his executors, administrators, and assigns, from 
this day until the said sum of with interest at 
per ceutum per annum for the same, shall be fully 
paid and satisfied (the principal sum to be repaid at 
the end of years from the date hereof [in case any 
•period be agreed upon Jor that purpose]). Given under 
our corporate seal [or, in witness whereof we have 
hereunto set our hands, and seals, or, if the deed be 
granted in Scotland, insert the testing clause required 
by the law of Scotland, as the case may be^, this day 
of one thousand eight hundred and 

SCHEDULE (C.) Sect. 77. 

Form of Transfer of Mortgage. 

I A. B. of in consideration of the sum of paid 
to me by C D. of do hereby transfer to the said 
C. D., his executors, administrators, and assigns, a 
certain mortgage, \or, if the deed be granted in Scot- 
land, a certain assignation in security,] number 
made by "The commissioners for executing the [here 
name the special Act] to bearing date the day of 
for securing the sum of and interest [or, if 
such transfer be by endorsement, the within security], 
and all my right, estate, and interest in and to the 



134 



Appendix. [31 cf- 32 Tict. 

money thereby secured, and in and to the rates, rents, 
profits, or other monies thereby assigned. In witness 
whereof I have hereunto set my hand and seal \or, if 
the deed be granted in Scotland, insert the testing clause 
required by the law of Scotlatid,] this day of 
one thousand eight hundred and 



Mode of 
proving 
certain 
documents. 



V. Documentary Evidence (a). 

31 & 32 VICT. Cap. 37. 

An Act to Amend the Lam relating to Documentary 
Evidence in Certain Vases. 

[25th June, 1868.] 
Whereas it is expedient to amend the law relating to 
evidence : Be it enacted by the Queen's most excellent 
Majesty, by and with the advice and consent of the 
Lords spiritual and temporal, and Commons, in this 
present parUament assembled, and by the authority of 
the same, as follows : 
Short Title. !• This Act may be cited for all purposes as " The 
Documentary Evidence Act, 1868." 

2. Prirnd facie evidence of any proclamation, order, 
or regulation issued before or after the passing of this 
Act by Her Majesty or by the privy council, also of 
any proclamation, order, or regulation issued before or 
after the passing of this Act by or under the authorit)'' 
of any such department of the government or officer as 
is mentioned in the first column of the schedule hereto, 
may be given in all courts of justice, and in all legal 

Proceedings whatsoever, in all or any of the modes 
ereinafter mentioned ; that is to say, 

(1.) By the production of a copy of the Gazette pur- 
porting to contain such proclamation, order, or 
regulation : 

(2.) By the production of a copy of such proclama- 
tion, order, or regulation purporting to be 
printed by the government printer. * * * 

(3.) By the production, in the case of any proclama- 
tion, order, or i-egulation issued by Her Majesty 
or by the privy council, of a copy or extract 
purporting to be certified to be true by the 
clerk of the privy council or by any one of the 
lords or others of the privy council, and, in 

(a) See section 83, ante, p. 70. 



e. 37.] Documentary Evidence Act. 136 

the case of any proclamation, order, or regula- 
tion issued by or under the authority of any 
of the said departments or officers, by the pro- 
duction of a copy or extract purporting- to be 
certified to be true by the person or persons 
specified in the second column of the said 
schedule in connexion with such department 
or officer. 
Any copy or extract made in pursuance of this Act 

may be in print or in writing, or partly in print and 

partly in writing. 

No proof shall be required of the handwriting or 

official position of any person certifying, in pursuance of 

this Act, to the truth of any copy of or extract from any 

proclamation, order, or regulation. 

* » * « « 

4. If any person commits any of the offences follow- i^nishment 

mg, that is to say, Forgery. 

(1.) Prints any copy of any proclamation, order, or 
regulation which falsely purports to have been 
printed by the government printer, * * * 
or tenders in evidence any copy of any pro- 
clamation, order, or regulation, which falsely 
purports to have been printed as aforesaid, 
knowing that the same was not so printed ; 
or, 
(2.) Foi^es or tenders in evidence, knowing the same 
to have been forged, any certificate by this 
Act authorized to be annexed to a copy of or 
extract from any proclamation, order, or re- 
gulation ; 
he shall be guilty of felony, and shall on conviction be 
liable to be sentenced trf penal servitude for such term as 
is prescribed by the Penal Servitude Act, 1864, as the 
least term to which an offender can be sentenced to penal 
servitude, or to be imprisoned for any term not exceeding 
two years, with or without hard labour. 

5. The following words shall in this Act have the Definition 
meaning hereinafter assigned to them, unless there is '^^'■'°"- 
something in the context repugnant to such construction ; 

(that is to say,) 

* « « * « . 

" Privy Council " shall include Her Majesty in coun- " vhtj 
cil and the lords and others of Her Majesty's ^'""'"^•" 
privy council, or any of them, and any com- 



136 



Appendix. 



[7^8 Vict. 



" Govern- 
ment 
Printer :" 
" Gazette." 



Act to be 
cumulative. 



mittee of the privy council that is not specially 
named in the schedule hereto : 
" Government Printer " shall mean and include the 

printer to Her Majesty ; * * • 
" Gazette " shall include the London Gazette, the 
Edinburgh Gazette, and the Dublin Gazette, or 
any of such Gazettes. 
6. The "provisions of this Act shall be deemed to be in 
addition to, and not in derogation of any powers of 
proving documents given by any existing statute or ex- 
isting: at common law. 



SCHEDULE. 



Column 1. 

Name of Department or 
Officer. 



The Commissioners of the 
Treasury. 



The Commissioners for 
executing the Office of 
Lord High Admiral. 



Secretaries of State. 



Committee of Privy 
Council for Trade. 



The Poor Law Board. 



The Education Depart- 
ment. See 33 & 34 
Vict. c. 75, sec. 83, 
ante, p. 69. 



Column 2. 
Names of Certifying Officers. 



Any Commissioner, Secretary, or As- 
sistant Secretary of the Treasury. 



Any of the Commissioners for exe- 
cuting the Office of Lord High Ad- 
miral or either of the Secretaries to 
the said Commissioners. 



Any Secretary or Under-Secretary of 
State. 



Any member of the Committee of 
Privy Council for Trade or any 
Secretary or Assistant Secretary of 
the said Committee. 



Any Commissioner of the Poor Law 
Board or an^ Secretary or Assistant 
Secretary ot the said Board. 



Any Member of the Education De- 
partment or any Secretary or As- 
sistant Secretaiy of the Education 
Department. See 33 & 34 Vict. 
c. 75, sec. &3, ante, p. 69. 



c. 101.] Audit of Accounts. 137 

VI. Statutes relating to the Audit of Accounts (a). 

Auditors^ Powers ami Duties. 

7 & 8 Vict. c. 101, s. 32. Every auditor .... 
shall have full powers to examine, audit, allow, or dis- 
allow of accounts, and of items therein, relating to 
moneys assessed for and applicable to the relief of the 
poor of all parishes and unions within his district, and to 
all other money applicable to such relief; and such 
auditor shall charge in every account audited by him 
the amount of any deficiency or loss incurred by the 
neligence or misconduct of any person accounting, or of 
any sum for which any such person is accountable, but 
not brought by him into account against such person, 
and shall certify on the face of every account audited by 
him any money, books, deeds, papers, goods, or chattels, 
found by him to be due from any person ; and when any 
such auditor has so certified any money, books, deeds, 
papers, goods, or chattels to be due from any person, he 
shall forthwith report the same to the said commissioners 

Books and Oertified Balance. 

lb. And the person from whom any money is so cer- 
tified to be due shall within seven daj's pay, or cause to 
be paid, such money to the treasurer of the guardians of 
the union or parish, if there be any such treasurer 

How to be applied. 

All books, deeds, papers, goods, and chattels, and in 
the case where there is no treasurer as aforesaid, all 
moneys so certified to be due shall be delivered over or 
paid, within seven days of the same being certified, to 
the person or persons authorized to receive the same. 

Recovery oj Certified Balances, Books, Sjc. 

lb. And if any such money, books, deeds, papers, 
goods, or chattels, be not duly paid or delivered over as 

(a) See section 60, subsectiou 6, ante, p. 52. 



/ 

138 Appendix. [11 ^ 12 Tict. 

hereinbefore directed, the said auditor, or any auditor 
subsequently appointed, shall proceed, as soon as may 
be, to enforce the payment or delivering over the same ; 
and all moneys so certified to be due by such auditor 
shall be recoverable as so certified from all or any of the 
persons making- or authorizing the illegal payment, or 
otherwise answerable for such moneys, and shall be 
recovered on the application of such auditor, or of any 
such auditor subsequently appointed, or by any person 
for the time being entitled or authorized to receive the 
same, in the same manner as penalties and forfeitures 
may be recovered under the provisions of the said first- 
recited Act. 

Penalty for refusing to deliver up Books, S^c. 

lb. Ani if any person from whom any such books, 
deeds, papers, goods, or chattels may be due, neglect or 
refuse to deliver over the same to the person for the time 
being entitled or authorized to receive the same, the 
person so neglecting or refusin"- shall be liable, on the 
complaint of any such auditor ior the time being, or of 
the person entitled or authorized to receive the same, to 
the penalties and proceeding provided in the case of 
overseers refusing or neglectmg to pay and deliver over 
to their successors any sum or sums of money, goods, 
chattels, and other things in their hands. 

Power of Auditor to require Declaration as to Accounts. 

7 & 8 Vict. c. 101, s. 33. And it shall be lawful for 
any such auditor to require any person holden or account- 
able for any money, books, deeds, papers, goods, or 
chattels relating to the poor rate or the relief of the poor, 
to produce to such auditor his accounts and vouchers, 
and to make or sign a declaration with respect to such 
accounts. 

Penalty for neglect to attend Audit. 

lb. And so often as such person neglects or refuses 
to attend, either at the audit or any adjournment thereof, 
when 80 required by such auditor, or to produce to him 
such accounts or vouchers, or any of them, or to make 



c. 91.] Audit of Accounts. 

or sign a declaration with respect to his accounts, if 
thereunto required by such auditor, he shall be liable for 
every such refusal or neg'lect to forfeit forty shillings to 
be recovered as penalties and forfeitures under the said 
first-recited Act, or if he wilfully make or sign a false 
declaration in respect of such accounts, he shall be Uable 
to the penalties of perjury. 



Costs of Proceedings to enforce due Attendance at the 
Audit. 

1-2 & 13 Vict. c. 10-3, 8. 11. Where any auditor shall 
lay any information for a penalty in consequence of the 
default of any officer or other person to attend the audit, 
or the adjournment thereof, or to produce the proper 
account or vouchers, or to make or sign the proper decla- 
ration before him, the costs incurred by such auditor, 
when not recovered from the defendant in such informa- 
tion, shall, if the Poor Law Board consent thereto, be 
payable to such auditor, and be chargeable in like 
manner as the costs incurred by an auditor in enforcing 
the payment of sums certified by him to be due. 

In what cases Notice of intended surcharge is to he 
given by Auditor. 

11 & 12 Vict. c. 91, s. 8. If an auditor shall see cause 
to surcharge any person not liable by law to be sur- 
charged by him, and to whom no notice is now required 
by law to be given, with any sum of money in reference 
to any payment considered by him to have been illegally 
or improperly made, he shall, if the person be not 
present at such audit, cause notice in writing of his 
intention to make such surcharge to be given, by post 
or otherwise, to the person against whom he shall 

{)urpo8e to make this surcharge, addressed to him at his 
ast known place of abode, and shall adjourn the audit, 
so far as it shall relate to such particular matter, for a 
sufficient time to allow of such person appearing before 
him, and showing cause against such surcharge ; and at 
such time the said auditor shall hear the party, if 
present, and determine according to the law and justice 
of the case. 



/ 

1*0 Appendix. [11 ^ 12 Vict. 



Evidence in Proceedings hy Auditors to recover Sums 
certified by them to be Due. 

Ih.s. 9. In any proceedings to be taken by an auditor, 
or by his attorney, before justices, to recover sums 
certified by him to be due, it shall be sufficient for him 
— to produce a certificate of his appointment under the 
seal of the Poor Law Commissioners, or of the commis- 
sioners aforesaid — and to state and prove that the audit 
was held— that the certificate was made in the book of 
account of the union or parish to which the same relates 
— and that the sum certified to be due had not been 
paid to the treasurer of the guardians of the union or 
of the parish, as the case may require, within seven 
days after the same had been so certified, nor within 
three clear days before the laying- of the information, of 
which nonpayment a certificate in writing, purporting 
to be signed by the treasurer, shall be sufficient proof on 
the part of the auditor ; — and if at the hearing of such 
information it shall be proved that the said sum had 
been paid to the treasurer subsequently to the date of 
such last-mentioned certificate, the costs incurred by 
such auditor shall be paid by the party against whom 
the information shall be laid, unless he prove that notice 
of such payment had been given to the auditor twenty- 
four hours at least prior to the laying of the informa- 
tion. 



Mode of certifying Balances by Auditors when the 
Officer continues in Office. 

11 & Vi Vict. c. 91, 8. 5. Where any overseer or 
officer shall be continuing in office at the time when the 
accounts are audited, the auditor shall certify as due 
such sums of money only as shall be disallowed or sur- 
charged by him in the accounts so audited. 



Horn when the Term of Office shall have expired. 

lb. But where the term of office of such overseer or 
officer shall have expired at the time when the accounts 



c. 91.] Audit of Accounts 141 

are audited, he shall ascertain the balance which he shall 
find to be then due on the accounts so audited, together 
with the sum (if any) which he shall have disallowed or 
surcharged, and shall give credit for all sums which shall 
be proved before him to have been paid in respect of 
such balance to the succeeding overseers or officers, or 
otherwise lawfully .applied on behalf of the parish or , 
union interested therein, before the date of his audit, and 
he shall certify, report, and recover, in the manner pro- 
vided by law, the balance remaining due after such 
credit shall have been given. 

Form of Certificate of Auditor. 

lb. And every certificate made by any auditor, if 
made according to the form set forth in the schedule 
hereunto annexed, or to the like effect, shall be deemed 
to be sufficient. 



How when the sum disallowed does not amount to Forty 
Shillings. 

lb. Provided always, that where the sum or the 
agp:egate of the sums disallowed by the auditor, in 
the account of any officer, shall not amount to forty 
shillings, the same may be paid over with the balance 
due from such officer, instead of being paid to the 
treasurer. 

The following are the forms of certificates given in 
the schedule to the Act above referred to : — 



1. Against an accounting Officer. 

I do hereby certify, that in the account of J. B. the 

Eset out the name of the ofUce] of the parish of 
or of the union], I have disallowed [or sur- 

charged] the sum of 

As witjiess my hand, this day of ,18 

M. N., auditor of the district, which 

comprises the above-named parish or union. 



/ 

142 Appendix. [7^8 Vict. 

2. Against a Person not an Accounting Officer. 

I do hereby certify, that in the accounts of the 
union [or of the parish of ], I have disallowed 

the sum of £ . , as a payment illeg'ally made out 

of the funds of such union [or parish], and I find that 
C. D. of , authorized the making of such illegttl 

payment, and I do hereby surcharge the said C. D. 
with the same. 

Aa witness my hand, this day of 18 

M. N., auditor of the district, which com- 

prises the above-named union or parish. 



Limitation of Time upon Proceedings of Auditors Jbr 
recovery of Money certified to be Due. 

12 & 13 Vict. c. 103, 8. 9. Whereas in the Act of the 
last session of parliament, intituled, " An Act to facilitate 
the performance of the duties of Justices of the Peace 
out of Sessions within England and Wales with respect 
to summary convictions and orders" (11 & 12 Vict, 
c. 43, s 11), it is enacted, that in all cases where no time 
had then been or should thereafter be specially limited 
for making the complaints, or laying the informations 
therein referred to, every such complaint should be made 
and every such information laid within six calendar 
months from the time when the matter of such complaint 
or information respectively arose ; and doubts have been 
entertained whether the provision aforesaid applies to 
proceedings by auditors to recover sums certified by 
them to be due in the accounts of oificers or other 
persons, and it is desirable to remove such doubts : Be it 
therefore declared and enacted, that nothing in the provi- 
sions of the said Act herein recited shall be deemed to 
apply to any such proceeding by any auditor, but that 
no auditor shall commence any such proceeding after the 
lapse of nine calendar months from the disallowance or 
surcharge by such auditor, or, in the event of an appli- 
cation by way of appeal against the same to the Court of 
Queen's Bench or to the Poor Law Board, after the lapse 
of nine calendar months from the determination there- 
upon. 



c. 101.] Appeals against Disallowances. 143 



VII. Statutes relating to Appeals against Allowances, 
Disallowances, and Surcharges by Auditors (a). 

Auditor on demand to state Reasons. 

7 & 8 Vict. c. 101, s. 35. If any person aggrieved by 
any allowance, disallowance, or surcharge by any such 
auditor, require such auditor to state the reasons for the 
said allowance, disallowance, or surcharge, the auditor 
shall state such reasons in writing in the book of 
account in which the allowance, disallowance, or sur- 
charge may be made. 

Certiorari to remove Allowances or Disallowances into 
Court of Queen's Bench. 

£b. And it shall be lawful for every person aggrieved 
by such allowance, and for every person aggrieved by 
such disallowance or surcharge, if such last-mentioned 
person have first paid or delivered over to any person au- 
thorized to receive the same, all such money, goods, and 
chattels as are admitted by his account to be doe from 
him or remaining in his hands, to apply to the Court of 
Queen's Bench for a writ of certiorari to remove into 
the said court the said allowance, disallowance, or sur- 
charge, in the like manner and subject to the like 
conditions as are provided in respect of persons suing 
forth writs of certiorari for the removal of orders of 
the justices of the peace, except that the condition of such 
recognizance shall be, to prosecute such certiorari at 
the costs and charges of such person, without any 
wilful or aifected delay ; and if such allowance, dis- 
allowance, or surcharge, be confirmed, to pay to such 
auditor or his successor, within one month after the 
same may be confirmed, his full costs and charges, to be 
taxed according to the course of the said court ; and 
except that the notice of the intended application, which 
shall contain a statement of the matter complained of, 
shall be given to such auditor or his successor, who shall 
in return to such writ return a copy under his hand of 

(a) See section 60, subsection 6, ante, p. 52. 



144 Appendix. [11 ^ 12 Vict. 

the entry or entries in such book of account to which 
Buch notice shall refer, and shall appear before the said 
court, and defend the allowance, disallowance, or sur- 
charffe, so impeached in the said court, and shall be 
reimbursed all such costs and charges as he may incur 
in such defence out of the poor rates of the union or 
parish respectively interested in the decision of the 
question, unless the said court make any order to the 
contrary. 



Proceedings of the Court. 

lb. And on the removal of such allowance, disallowance, 
or surcharge, the said court shall decide the particular 
matter of complaint set forth in such statement, and no 
other ; and if it appear to such court that the decision of 
the said auditor was erroneous, they shall, by rule of 
the court, order such sum of money as may have been 
improperly allowed, disallowed, or surcharged, to be 
paid to the party entitled thereto by the party who 
ought to repay or discharge the same. 



Costs. 

lb. And they may also, if they see fit, by rule 
of the court, order the costs of the person pro- 
secuting such certiorari to be paid by the parish or 
union to which such accounts relate, as to such court 
may seem fit ; which rules of court respectively shall 
be enforced in like manner as other rules of the said 
court are enforceable. 



Appeal to Poor Law Board. 

lb. s. 36. Provided always, that it shall be lawful for 
any person aggrieved as aforesaid by any allowance, or 
disallowance, or surcharge, in lieu of making application 
to the court of Queen's Bench for a writ of certiorari,, to 
apply to the said commissioners to inquire into and 
decide upon the lawfulness of the reasons stated by the 
auditor for such allowance, disallowance, or surcharge, 
and it shall thereupon be lawful for the said commis- 



«. 91.] Appeals to EquitaJble Jurisdiction. 145 

sioners to issue such order therein, under their hands 
and seal, as they may deem requisite for determining 
the question. 



Appeal to the Equitable Jurisdiction of the Poor Law 
Board. 

11 & 12 Vict. c. 91, 8. 4. Where any appeal shall be 
made to the said commissioners against any allow- 
ance, disallowance, or surcharge, made by any auditor 
in the accounts of any guardians, overseers, or their 
officers, it shall be lawful for the said commissioners to 
decide the same according to the merits of the case ; 
and if they shall find that any disallowance or surcharge 
«hall have been or shall be lawfully made, but that the 
subject-matter thereof was incurred under such circum- 
stances as make it fair and equitable that the disallow- 
an«p or surcharge should be remitted, they may, by an 
«rder under their seal, direct that the same shall be re- 
mitted, upon payment of the costs, if any, which may 
have been incurred by the auditor or other competent 
authority in the enforcing of such disallowance or sur- 
charge. 



146 



Appendix. 



|5 -S 



^ o s o 

ft. ^^ 



• •§5 



«♦< 



0>Q05HOWNTt'<t«>00(NTj<aOIMCJOO»ft<0 

vooiNt~r~t^flo«5<j>oooo«3'^cioaot^eoo><o 



^coo<Noxoc30>iM — vorreo^ot^ojin — 0000 
oo>ovooooocQ«OM(Neo^NiN«ce<i — IN— •?» 



TOOOTt — — .■rj''^ — OQC«> — <5>00C5O«n — CT» 

oooooott — >^<oaoo!MaoiMOC'C'jO»~— '"^a^ao 
r^ <C^C» O t-^CO CO t~ — IN ■^. w co_ -T -;_ O^ «o_ M^ aD_ o 

-- — oo<Nt^«rroioirr(N'-<«'5«f;coor»«nooooc* 
— «ao>toooiONt»ooor~co<ovoi~i«io>o^o» 



' ^ 5 :S .£ £? ?r5 ^5 ■= .S £« ^ J £■ 

•^ "T: 4J ^ « (U *^^ Oj ^-f *J ^ — CO flO ** 

•^ ^ ^ !-: ^ r: ^ S ^ ja H J2 « » ^ 
■ y S § S I 1 1 I 



•?. -.| *. ^ 






•*• i3 oj 



a 






o >. 



C a; 
o c 
•a o 



j3 S: a o) 
^ Q o fe 



^ ii « - Si, 

o3 s^ 23 

<J 02 EC 5CI M 



.S w 



^M fee 

-^ * — -ti JS 



!» CO 






c o ^ 

f M>fe 

2^ 






♦i ai -^n -e — . * 



4> i i 



E ju 



^ S"^ 



•~'M b a; 
c <s <a rr 

•■3 2 S O , 



-<S 






•^ « .S 

iji) ^ bo.S 
o b o S 

fli etf a> ^ 

osos 



coco&<(Acncocnoci/3i/!cAcav}{/>(0 



Table of Places in Metropolis. 



147 



t— «o vo rC tC rC Tf t^ f^ to 00^ ^ CO 



O OO© OOOOOO 

<3 OOCS COOOC^t-O 

o* ^QOoo *o<NTror^^ 

« t^-H^ eo-<oooovo 

CO ^< ^ ^H ^^ 






o 00 in_ t>. 
oot-^o'Tir 
-« 00 -< o> 



aowoo»oooo»ir5 
coqocoqoociqo^o 



■M eO<NO (MlOtO00C»t^ 

CO (NCQtO COO-hOO'^ 

o ^c»r— t^mcocoiMco 

'^ •nco«D icoejieTtoo 

rr -• -• ^ "^ 



•^ lO c^ to 
to 0> o o 
o to >ft -• 



•»reooooooeoaoo» 

■^OO'^tlMOOOO— Tl« 
r^OTf O -^ c^ '^ 

CO <N — 



eoeoo oiioooTfoo 

00— 'O 0000<OCOtJ> 

t~ eo o o c>) 00 cT CO to 



00 o 
(2 tS 



CO 



Tt C>J 



? O) 9 






X b 



".2i aj 



C3 

o 
H 

o 

•a 
c 



^ .■t: ^« 



• o 

u 

Z 

c 



C •7. op 



— -ti <*- 



J3 T3 



J2 5 O 






a; 



2 cj "O 
t "^ C *« 

• 03 .= O 



5 -a 



> o 



a> 



_ j: 

<u 5 a! -S 

K ^ w ^ 



*^ ^^ >i CD i 

CO O (^ JE Oh P3 J O Q c« M en X O OHcooa^fe 






a, 

. O o 

so? 
c2!? ■" 



I- BS -I 

C S -! 



;eQ 



aS "M 




c.a 


SE.y 


sro 


S5 











« Q 









UB 



Appendix. 



00 -* ».5 b 



«^ 



Xt^Tf «00<N<OtCOO 0000 TtNCOO 



g.BS 



•<§ 



•=3S 



«^ 



0. o 






la-^ 






CO s 

o 5 



Is 



Westminster o 




-z;'^ 


j: 


■a 












ii c 


'1 1 


a 




>» c 


o 


u 




S5 £ 
So 


>> 




E 

s 



CO CA h) 



01 

to 

S 60— Its 

J ^ -= " 

<-! *j jJ * 



j: - 



o .a 



Table of Places in Metropolis. 



149 



N <0 M O © 

— o> -H So 

— t^ tT o o 



ooooo oo ooo 
•noopso* t^o ooo 

— M<£>001 — O OiOO 



ODlM^OiOOTfOOTl' 
05»D'^0000)C>)'- 



(N a> 00 00 -M 

o r* fN 00 r* 

?4 oc <X> no 



eowt^ooTi' 10U5 Tj<t^«> 

OO'^'OOO o»«o t^oc^ 

0{«5'*_-^0 lO O OOOCO 

irtt-^pTt^eif o"ao vorCo 



(M 00 00 VO O 
^ O O O — • 



(NC10(Nrl< 0OU5 r^tOM 

t^ootoo O— 0i«OO» 

rr>no— '00 ooo — "(tco 

00 •^"' rt «o im" o" «i? ■-<" -^ 



U5Q0W00 — t~ININ 
i«OiM'^00'<1''S'O 

ev] « CO •- w 






o 



: J3 



» 

o 
PQ 

'.Si >> 
• . tt> 

u|S 
itf £ o 

P is 

•S . S 
•S b o 

eB * <u 
^ -i-S ♦* 



3« 

■a o 

. u -^ 

2 o c « 

t) > O iJ g 






O m 



o .a 



«o *C 

C OQ 



. « 

.ou 






^ o 



. o 






s*. 






o 
O 



0) 4-> 



• • *J • ^ 

« «*. J2 a. c 

S = ° g-E^ 

O S a> E <u _ 

^ C " (U H ." 

^ V." s 2 s 

g £ " c2 a 



c ;u 

>-" OS 

«> 

■H.S 



160 Appendix. 



IX. Circular of the Education Department on the 
Elementary Election Act, 1870. 

Form No. 70, August, J 870. 

Education Department, 16th August, 1870. 

Municipal borough of 

Sir, — I am directed by the Lords of the Committee 
of Council on Education to request that you will take an 
early opportunity of calling the attention of the council 
of your borough to sections 67— 7*2 of the " Elementary 
Education Act, 1870," and I am to beg that the 
requisite steps may be taken without delay for carrying 
out the provisions of these sections, with respect to the 
returns which the council (as the local authority of the 
district) are required to send to the education department, 
on or before the 1st day of January, 1871. 

These returns will have to be made on two forms. 

One of these, a general form, is intended to furnish 
certain information respecting the area contained within 
the municipal limits of the borough, which information 
the education department will have to take into con- 
sideration in deciding upon the school provision that 
will be required for the district. A copy of that form 
is enclosed. 

The other, a special form, will have to be filled up by 
the managers or teacher of every school, whether public 
or private, within the same limits, which answers to the 
definition of an elementary school given in the third 
section of the Act. That section runs as follows :— 

" The term ' elementary school ' means a school or 
department of a school at which elementary 
education is the principal part of the education 
there given, and does not include any school or 
department of a school at which the ordinarv 
payments in respect of the instruction, from each 
scholar, exceed ninepence a week. 

Some time will doubtless be occuped in obtaining 
all the information required for insertion in the general 



Circular of Education Department, 151 

form. But with the view of having- the special form 
filled up for each school, and returned to you in due 
time for the completion of the g-eneral form, it will le 
necessary to make immediate arrangements for ascer- 
taining how many of these special forms you will re- 
quire for elementary schools as above defined. 

This is, therefore, the first point to be attended to ; 
and my Lords earnestly beg that measures may be at 
once taken for ascertaining the number of elementary 
schools within the borough. 

Your council will bear in mind that the education de- 
partment, in determining the amount of public school 
accommodation for any district, are required to take 
into account not only schools in operation, but also those 
which, when completed, are likely to be efficient and 
suitable for the population. The promoters of those 
scjiools, therefore, which, though commenced, may not 
be finished on the day when the general return is sent 
in, will have to fill up, so far as circumstances permit, 
the same returns as will be made by the schools actually 
at work. Your preliminary enquiries must accordingly 
be extended to all the schools withm the borough which 
at the date of your return are either — (1), in operation ; 
or (2), in course of being supplied. 

If you will fill up the enclosed schedule and return it 
to this department, as soon as you have ascertained the 
number of schools under these two heads, the requisite 
supply of forms will be sent to you. 

I am, Sir, 

Your obedient Servant, 

F. R. Sandford, 

Secretary. 

To 

The town clerk of the municipal borough of 



/ 



152 Appendix. 



Ekmentary Education Act, 1870, 

Form No. 72, August, 1870, 

Municipal borough of 

General return with reapect to the population^ 
rating, and school provision within the municipal limits 
of the borough, 

N.B. — This return is to be strictly confined to the 
area within the mnmcipal Hmits of the borough. 

If any parish is divided by these limits, the part 
without the municipal area will be dealt with 
separately. This return is to include only the 
parts of such parishes within that area, 

I. This borough, by the census of 1861, contained 

inhabitants. 

II. It is estimated that the population now amounts 
to 

III. The rateable value of the borough is 

(i.) By the last valuation list dated £ or, 

if there is no such list, 
(ii.) By the rate book now in force dated £ 

IV. The number of ratepayers, duly rated under the 
provisions of the Poor Rate Assessment and Collection 
Act, 1869, is 

V. The number of elementary schools for which re- 
turns are herewith made to the education depart- 
ment is 

(o) In operation 

(5) In course of being supplied , 

N.B. — It will be very convenient if you can for-- 
ward with the return a map of the borough with 
the position oj these schools marked upon it^ 



Circular of Education Department. 163 

VI. The number of the schools to which forms of re- 
turn were delivered, but which have omitted, or refused, 
to fill them up is 

A list of these schools is filed herewith. 

I, the undersigned, town clerk of the borough of 
by the authority, and with the approval of the town 
council of the said borough, hereby certify to the com- 
pleteness and accuracy of this general return. 

Signed, this day of 1870. 

Town Clerk. 

(Address.) 



II 3 



INDEX. 



Accounts of school board, when to be made up and balanced, 
49 ; to be examined by school board, 49 ; and signed by 
chairman, 49 ; audit of them, 50, 51 j publication of, 53 ; 
copies of, to be sent to rating authority and to over- 
seers, 54. 
Additional school accommodation, provision of, 13. 
Allowances by auditor in accounts of school board, appeals 

against, 52. 
Alteration of number of members of school board for London, 

37. 
Amount of public school accommodation, how to be ascer- 
tained, 7, 10. 
Annual parliamentary grant, condition on which it may be 
made to school, 7 ; conditions of, 76 ; refusal of, to un- 
necessary schools, 78. 
Annual report of education department, 78. 
Appeals against allowances and disallowances, by auditor, 52. 
Appearance of school board in legal proceedings, 70. 
Application for public inquiry as to school accommodation, 8 ; 
to education department to form school board without 
previous inquiry, 10; of small schools endowments, 65; 
for school board, rules for resolutions as to, 84. 
Appointment of managers of schools, 1 1 ; of officers by school 
boards, 31 ; how to be made, 89 ; to enforce byelaws, 32 ; 
to bring children to industrial school, 32 ; of inspectors 
of returns, 59 ; by education department of person to 
hold public inquiry, 60 ; his report, 60 ; costs of, 61 ; 
of chairman and vice chairman by school board, 88 ; 
of chairman of managers appointed by school board, 89. 
Apportionment of expenses of school room in metropolis, 36 ; 

of school fund in united and contributory districts, 46. 
Attendance at Sunday school or religious observances, 6 ; not to 

be compulsory, 6. 
Attendance of children at school, enforcement of, 32. 
Attendance of children at school, 61 ; byelaws as to, (i2. 
Attendance of clerk of school board at audit, 51 ; of rate- 
payers, 51 . 
Attendance of persons at audit, power of auditor to compel, 
52. 



166 Index. 

Audits of accounts of school boird, 50. 

Audit of accounts of school board, where and when to be 
held, 51 ; notice of, 61 ; attendance of clerk of board at, 
61 ; of ratepayers, 51 ; powers of auditor with regard to, 
52 ; appeals by persons aggrieved by decision of auditor, 
62 ; recovery of money, &c. by auditor, 63 ; Poor Law 
Board to make regulations as to keeping, 63. 

Auditor of accounts of school board, who shall be, 50 ; hi» 
remuneration, 6U ; his expenses, 50 ; powers of, as to 
audit, 52 ; appeal against his decision, 52 ; powers of, as 
to requiring attendance of persons at audit, production of 
books, &c. 52 ; to sign balance sheet when he has com- 
pleted audit, 53. 

Authentication of notices, 69. 

Balance sheet of accounts of school board to be signed by au- 
ditor, 53. 

Body corjiorated, included in the word person, 3. 

Books of school board, inspection of, by ratepayers, 71. 

Borough, definition of, 2. 

Boroughs, school boards how to be elected in, 27, 

Boroughs, how when parishes are divided by boundaries of, 
67. 

Borrowing money by school board, 47 ; by school board for 
London, 48 ; by school board, in default, 56. 

Boundaries of boroughs, how when they divide parishes, 67. 

Boundaries of school districts in the metropolis, 34. 

Bribery at election of school boards, penalty, 72. 

Byelaws, appointment of officer to enforce, 32 ; as to attend- 
ance of children at school, 62 ; deposit of, for inspection 
before approval, 63; to be sanctioned by Order in 
Council, 64 ; and printed in Annual Report of Education 
Department, 64 ; enforcement of, 64. 

Casting vote of chairman, 88. 

Certificates of education department, evidence of, 69. 

Certified industrial schools, contribution to by school board, 

25. 
Certified industrial school, children how to be sent to, 32. 
Certified sums, recovery of by auditor, 63. 
Certiorari, when it will lie, 30. 

Chairman of school board for metropolis, election of, 36. 
Chairman of school board for London, salary of, 37. 
Chairman, appointment of by school board, 88. 
Chairman to have a casting vote, 88. 
Chairman of managers appointed by school board, 89. 
Change of site of schools, 13. 
Charitable Trusts Acts, incorporation of, 20. 
Children, how to be sent to industrial schools, 32 ; classes of, 

to be sent to, 32. 



Index. 167 

Children, attendance of at school, 61 ; byelaws as to, 62. 

Citation of School Sites Acts, 91. 

City of London, election of members of school board for, 34. 

Classes of children to be sent to industrial schools, 32. 

Clerk to school board, appointment of, 31 ; attendance of at 

audit, 51. 
Commissioners Clauses Act, 1847, incorporation of, 48. 
Common seal of school boards, 28. 
Combination of school districts, 44. 
Compulsory purchase of lands by school boards, 14. 
Conditions of annual parliamentary grants, 76 ; refusal of, to 

unnecessary schools, 78. 
Constitution of school boards, 27 ; in the metropolis, 24 j in 

united school district, 41 ; election of, 41. 
Contributions to industrial school by school board, 25. 
Contributory school district, 42 ; election of members of, 43 ; 

apportionment of school fund in, 46. 
Corrupt practices at elections of school boards, penalties, 72. 
Costs of public inquiry as to school accommodation, 61 . 

« 
Day of election of school boards in the metropolis, 34. 

Day for retirement of members of school board in metropolis, 
86. 

Decision of education department as to school accommoda- 
tion, publication of, 8. 

Default of school board to provide schools, proceedings in 
such case, 9 ; to observe regulations, 12. 

Default of school board to provide sufficient school accommo- 
dation, 13. 

Default of rating authority, remedy of school board iu such 
case, 4(5. 

Defaulting school board, proceedings in such case, 54. 

Deficiency in public school accommodation, how to be sup- 
plied, 5 ; determination of education department as 
to, 7. 

Deficiency in school fund, how to be provided for, 44, 45. 

Definition of metropolis, 1 ; of borough, 2; of parish, 2; of 
education department, 3 ; of Her Majesty's inspectors, 3 ; 
of managers, 3 ; of teacher, 3 ; of parent, 3 ; of elemen- 
tary school, 3; of schoolhouse, 3; of person, 3; of ves- 
try, 4 ; of ratepayer, 4 ; of parliamentary grant, 4. 

Deputy retiring officer in metropolis, 36. 

Determination of disputes as to election of school boards, 30. 

Disallowances by auditor, appeals against, 62. 

Discontinuance of schools, 13. 

Disputes as to school hoard having complied with regulations, 
reference of, to education department, 12. 

Disputes as to election of school boards, how to be determined, 
30. 



168 Index. 

Disqualification of members when not to invalidate proceed- 
ings of school board, 28. 

Disqualification of members of school boards, 31. 

Dissolution of school boards, 57 ; of united school district, 40. 

Distance at which child shall be compelled to attend school, 
63. 

Divisions of the metropolis, 91. 

Documentary Evidence Act, 1868, application of, 70. 

Duties of officers of school boards, 32. 

Education department, definition of, 3 j proceedings of, to as- . 
certain extent of public school accommodation, 7 ; the 
notice of their decision as to, 8 ; may apply to charity 
commissoners under Charitable Trusts Acts, 67 ; evidence 
of orders of, 69 ; annual report of, 78. 

Election of school boards in boroughs and parishes, 27 ; voting 
at, 27. 

Election of school boards beyond the metropolis, 29 ; how in 
case of default, 29. 

Election of school boards, disputes as to how to be deter- 
mined, 30. 

Election of school board in metropolis, 33 ; days for, S4 ; 
voting at, 34. 

Election of school board for city of London, 35. 

Election of chairman of school board in metropolis, 36. 

Election of school board in united school district, 41. 

Election of membere of contributory school districts, 43. 

Election of school board, penalty for obstructing, 72 ; corrupt 
practices at, 72. 

Election of school board, when to be held, 80. 

Election of members of school boards, rules for, 80. 

Election of school board in metropolis, rules for, 85. 

Elementary school, definition of, 3. 

Elementary school, how to be conducted, 6. 

Elementary schools, transfer of, by managers to school board, 
20 ; retransfer of, to managers, 23. 

Endowments of schools, application of when small, 66. 

Enforcement of attendance of children at school, 32. 

Enforcement of byelaws, 64 ; appointment of officer for, 32. 

Enforcement of precepts of school board in metropolis, 37. 

Establishment of industrial schools, 26. 

Establishment of free schools, 25. 

Examination of accounts of school board, 49; and to be signed 
by chairman, 49. 

Exemption of children from obligation to attend school, 63. 

Expenses of school board in metropolis, appointment of, 36. 

Expenses of school boards, 44. 

Expenses of auditor of accounts of school board, how to be 
paid, 60 ; recovery of, 60. 



Index. 169 

Expenses of members of school board in default, 56. 

Expenses of election of school board, 81. 

Extent of Act, 1. 

Evidence as to formation of contibntory school district, 43. 

Evidence of proceedings of school board, 28. 

Evidence of oi-ders of eduction department, 69. 

False declaration, penalty for making, 52. 

False evidence, jjenaity for, 71. 

Falsifying voting papers, penalty, 72. 

Fees of school children, 13 ; remission of, 13. 

Fees for poor children at school, payment of, by school board , 
24. 

Fees, schools at which none shall be payable at, 25. 

Fees from scholars to be carried to school fund, 44. 

Females, right of, to vote at election of school boards, 35. 

Final notice of education department as to public school ac- 
commodation required, 9. 

Forging voting papers, penalty, 72. 

Formation of school boards without inquiry, 9 ; after inqairv, 
10. 

Formation of united school districts, 38, 40 ; conditions as to, 
39. 

Free schools, establishment of, 25. 

Her Majesty's inspectors, definition of, 3. 
Her Majesty's inspectors, inspection of schools by, 7 ; not to 
examine scholars in matters relating to religion, 7. 

Incorporation of Charitable Trusts Acts, 20. 
Incorporation of Commissioners Clauses Act, 48. 
Incorporation of Lands Clauses Acts, 14, 19 ; of School Sites 

Acts, 19. 
Incorporation of school boards, 28. 
Incorrect returns, penalty for making, 71. 
Indemnification of merhbers of school board, 29. 
Industrial schools, contributions to by school board, 25; 

establishment of by, 26 ; appointment of officer to bring 

children to, 32 ; classes of children to be sent to, 32. 
Inspection of books of school board by ratepayers, 7 1 . 
Inspection of schools, 7. 
Inspection of voluntary schools, 66. 
Inspectors of returns, appointment of, 59. 
Instruction in religious subjects not to be compulsory, 6 ; when 

to be given, 6. 
Instruction in religion, scholars not to be examined as to, 7. 
Instruction in religion not to be given in public elementary 

schools, 11. 



160 Index. 

Lands, purchase of, by school boards, 14. 

Lands, purchase of by managers of public elementary schools, 
19. 

Land, sale or exchange of by school board, 20. 

Land, school boards empowered to hold, 28. 

Lands Clauses Consolidation Acts, incorporation of, 14, 19. 

Lease of lands by school boards, 14. 

Lease of school houses, 20. 

Legal proceedings, appearance of school board in, 70. 

Loans to be carried to school fund, 44. 

Loan, power of school board to raise money by way of, 47. 

Loan, power of school board for London to borrow from me- 
tropolitan board of works, 48. 

Loans, how if school board in default, 56. 

Local authority to make returns as to school accommodation, 
68. 

Local authorities under Act, 5, 79. 

Local provision for schools, 6. 

Local rate, deficiency in school fund to be paid out of, 45. 

Local rate, what is, 5, 79. 

London school boai-d, salary of chairman of, 37. 

Maintenance of schools by school boards, 11. 

Maintenance of schools by school board, 13. 

Maintenance of industrial schools by school board, 26. 

Management of schools by school boards, 11. 

Managers, definition of, 3. 

Managers of schools, appointment of, 11 ; resignation of, 12. 

Managers of public elementary schools, purchase of lands by, 
19. 

Managers, transfer of school by, to school board, 26; re- 
transfer of, 23. 

Managers refusing to make returns as to school acccommoda- 
tion, how in such cases, 59. 

Managers appointed by a school board, proceedings of, 89. 

Meetings of school boards, when to be held, 87 ; quorum, 87 ; 
extraordinary meetings, 87 ; questions as how to be de- 
cided, 87 ; names of members voting to be recorded, 87. 

Members of school board, indemnification of, 29. 

Members of school board, number of, 29. 

Member of school board, resigpiation of, 83; in what case h« 
shall vacate his ofl3ce, 83. 

Members of school boards when to be disqualified, 31 ; not to 
hold place of profit under, 31. 

Members of school boards in the metropolis, number of, 34. 

Members of school board for city of London, election of, 36. 

Members of school board for London, alteration in number of, 
37. 

Members of contributory school districts, election of, 43. 



Index. 161 

Members of school boards, rales for election and retirement 

of, 80. 
Members of school board, retirement of, 82 ; resignation 

of, 83. 
Members of school board in metropolis, day for retirement 

of, 86. 
Metropolis, definition of, 1. 
Metropolis, school board in, election of, 33 ; number of mem-> 

bers to be elected, 84. 
Metropolis, day for election of school boards in, 34 ; voting 

at, 34. 
Metropolis, election of members for school boards in, how to 

be conducted, 35. 
Metropolis, rating officer in, 86. 

Metropolis, election of chairman of school board in, 36< 
Meropolis, supply of public school accommodation in, 36, 
Metropolis, apportionment of expenses of school board in, 36, 
Metropolis, enforcement of precepts by school boards in, 37* 
Metropolis, how in regard to election of members of school 

board in, 81. 
Metropolis, rules for election of school boards in, 85. 
Metropolis, day for retirement of members of school board, 

86. 
Metropolis, divisions of, 91. 
Metropolitan Board of Works may advance money to school 

board for London, 48. 
Minutes of education department, evidence of, 69. 
Minutes of proceedings of school board when to be evidence, 

28. 
Mode of voting at elections of school boards, 27, 34. 

Non-election of school boards, how in such case, 30. 

Notice of audit of accounts of school board, 51. 

Notice of decision of education department as to school 

accommodation, publication of, 8. 
Notice of election to be sent by returning officer to member 

elected, 82. 
Notice of inspection of voluntary schools, 66. 
Notices, publication of, 68 j service of, 69. 
Notices may be in writing or print, 69 ; authentication of, 69. 
Notices of education department, evidence of, 69. 
Number of members of school board, 29. 

Obstructing election of school boards, penalty for, 72. 
Officers, appointment of, by school boards, 31. 
Officers, appointment of, by school boardsjointly, 32. 
Officers, how to be appointed, 89. 
Order in council, byelaws to be sanctioned by, 64. 
Orders for payment of money, how to be signed, 88. 
Orders of education department, evidence of, 60. 



162 Index, 

Overseers, copies of accounts of school board to be sent to, 

54. 
Oxford, school board in, 75. 

Parent, definition of, 3. 
Parish, definition of, 2. 
Parish, partly within and partly without a borough, how in 

such case, 67. 
Parishes, school boards, how to be elected in, 27. 
Parishes, union of small for school purposes, 42. 
Parliamentary grant, definition of, 4. 

Parliamentary grant, on what conditions school may ob- 
tain, 7. 
Parliamentary grants, regulations as to, 76. 
Parochial relief, remission of school fees nut to be deemed, 

13. 
Payment of school fees by school board, 24. 
Penalties on members of school boards holding places of 

profit, kc, under board, 31. 
Penalties, recovery of, 75. 
Penalty for making unlawful entries in accounts of school 

board, 53. 
Penalty for breach of byelaws, recovery of, 64. 
Penalty for making incorrect retunis, 71. 
Penalty for hindering inspection of books of school board by 

ratepayer, 7 1 . 
Penalty for personation of voters, 71. 
Penalty for forging or falsifying voting paper or obstructing 

election, 72. 
Penalty for corrupt practices at election of school boards, 72 . 
Person, definition of, 3. 
Pereonation of voters, penalty, 71. 
Poll at election of school board, 80. 
Poor Law Board to frame regulations as to accounts of school 

boards, 53. 
Post, service of notices by, 69. 
Powers of school boai-d for providing schools, 14. 
Precepts of school board in metropolis, enforcement of, 37. 
Precept of school board for payment of money by rating 

authority, 45. 
Precepts, how to be signed, 88 ; form of, 89, 90. 
Proceedings for supply of schools, 7, 10. 
Proceedings of school board, evidence of, 28. 
Proceedings of school boards, when not to be invalidated, 28. 
Proceedings on default of school board, 54. 
Proceedings of school boards, 87. 

Proceedings of managers appointed by a school board, 89. 
Production of rate book,&c., by overseers, 68. 
Public elementary school, how to be conducted, 6. 



Index. 168 

Fablic elementary school, when a school shall be, 1 1 ; religion 

not to be taught in, 11. 
Public elementary schools, purchase of lands by managers of, 

19. 
Public inquiry as to school accommodation, who may apply 

for, 8. 
Public inquiry, how to be held, 60 ; costs of, 61 . 
Public notice of inspection of voluntary schools, 66, 
Public school accommodation, deficiency in, how to be 

supplied, 5. 
Public school accommodation, how to be ascertained, 7, 10. 
Public school accommodation, publication of decision of educa- 
tion department as to, 8 ; public fciquiry as to, 8. 
Public school accommodation in metropolis, supply of, 36. 
Public Works Loaa Commissioners may advance money to 

school boards on security of rates, 48. 
Publication of notice of education department as to public 

school accommodation, 8 ; of final notice, 9. 
Publication of accounts of school board, 53. 
Publication of notices, 68. 

Publication of notice of audit of accounts of school board, 61. 
Purchase of lands by school boards, 14. 
Purchase of lands by managers of public elementary schools, 

19. 

Quorum of members of school board, 87. 

Quorum of managers appointed by a school board, 89. 

Rateable value, how to be ascertained, 68. 

Rate books, production of, by overseers, 68. 

Ratepayer, definition of, 4. 

Ratepayers, attendance of at audit of accounts of school 
board, 51. 

Ratepayers, inspection of books of school boai-d by, 71. 

Rating authority, who are, 5, 79 ; how to provide funds to 
meet precept of school board, 45 ; to pay deficiency in 
school fund out of local rate, 45 ; how if they make 
default iu paying money to school board, 46; copies of 
accounts of school board to be sent to, 54. 

Reasonable excuses for children not attending school, 63. 

Recovery by auditor of expenses attending audit of accounts 
of school board, 50. 

Recovery of money, &c., certified by auditor to be due, 53. 

Recovery of penalties, 75. 

Recovery of possession of school premises, 70. 

Regulations for conducting public elementary schools, 6. 

Regulations for management and maintenance of schools by 
school boards, 11 ; how if not observed, 12. 

Regulations as to compulsory purchase of lands, 14. 



164 Index. 

Regulatiolis of PoOr Law Board as to accounts of school 

boards, 53. 
Heliorion, scholars not to be examined in matters relating to, 

7. 
Religious catechism, &c., not to be taught in public elementary 

schools, 1 1. 
Religious instruction in schools, when to be given, 6. 
Religious observances in voluntary schools, 66. 
Religious Worship or observances, attendance at, not to be 

compulsory, 6. 
Remedy of school board in de<kult of rating authority, 46. 
Remission of school fees, 13 ; not to be deemed parochial re- 
lief, 13. 
Remuneration of auditor of accounts of school board, 60. 
Report of education departmetit to be laid before pafliametit 

every year, 78. 
Report of school board to education department, 76. 
Requisition of education department to school boattl to pro- 

vide schools, 9. 
Requisitions of education department, effect of, 70. 
Resignation of managers of schools, 12; of member of school 

board, 83. 
Resolutions for application for school board, 84 
Retirement of members of school boards, 29, 82 ; rules for, 

80, 82 ; in metropolis, day for, 86. 
. Re-transfer of schools by school boards to managers, 23. 
Returning officer in metropolis, 36. 
Returns as to public school accommodation, 7, 10. 
Returns as to school accommodation, 57 ; who to make, 58. 
Returns, appointment of inspectors of, 69 ; how if managers 

or teachers refuse to make, 59. 
Returns, penalty for making incorrect, 71. 
Right over land, purchase or lease of by school board, 14. 
Rules with respect to proceedings of school board, observance 

of, 29. 
Rules for election and retirement of members of school boards, 

80. 
Rules respecting resolutions for application for school board, 

84. 
Rules for election of school board in metropolis, 85. 

Salaries of officers of school boards, 31. 

Salary of chairman of school board for London, 37. 

Sale of land by school board, 20. 

Sale of school houses, 20. 

School accommodation, returns as to, 7, 10. 

School accommodation, publication of decision of education 

department, as to, 8; public inquiry, as to, 8; of final 

notice, 9. 



Index. 185 

School accommodation, powers of education department, as 
to, after the first year of Act being in operation, 10. 

School accommodation, default of school board to provide 
sufficient, 13. 

School accommodation, supply of, by school boards in metro- 
polis, 36. 

School accommodation, returns as to, 67 ; who to make, 58. 

School board, who are, 5, 79 ; under what circumstances to 
be formed, 9, 10; how if in default in providing schools 
9 ; appointment of managers of schools by, 11 j manage- 
ment of schools by, 11 ; how if in default in complying 
with regulations, 12 ; how if in default in maintaining 
sufficient school accommodation, 13; powers of, for pro- 
viding schools, 114; purchase of sites for, 14, sale of 
school houses by, 20; transfer of schools to by managers, 
20; retransfer of, 23; payment of school fees by, 24 ; 
establishment of free schools by, 25; contributions by, 
to industrial schools, 25; establishment of industrial 
schools by, 26 ; constitution of, 27 ; election of in bo- 
roughs and parishes, 27 ; voting at, 27 ; incorjjoration 
of, 28 ; to have a common seal, 28 ; empowered to 
hold lands, 28 ; evidence of proceedings of, '26 ; vacan- 
cies in not to invalidate proceedings, 28 ; election of be- 
yond the metropolis, 29 ; how in case of default, 29; 
number of members ol^ 29; indemnification of members 
of, 29 ; disputes as to election of, how to be determined, 
30; disqualification of members of, 31 ; appointment of 
officers by, 31 ; power of, to make precepts on rating au- 
thority for payment of money, 45; remedy of, when 
rating authority make default in payment ot money, 46; 
power of, to borrow money, 47 ; accounts of, when to be 
made up and balanced, 49; proceedings when they are 
in default, 54; in default, expenses of members of, 56; 
dissolution of, 57 ; appearance of, in Icgnl procee<lings, 
70; inspection of books of, by ratepayers, 71 ; penalty 
for offences connected with election of, 72; to make re- 
ports and supply such information as education depart- 
ment may require, 76; rules for election and retirement 
of members of, 80; retirement of members of, 82; re- 
signation of, 83 ; rules for resolution for application for, 
84; proceedings of, 87. 

School boards in metropolis, constitution of, 34 ; day for elec- 
tion of, 34; votiag at 34; election of, 33; number of 
memliers to be elected, 34; election of chairman of, 36; 
apportionment of school expenses in, 36; enforcement of 
precepts of, 37 ; rules for election of, 85. 

School board for London, payment of chairman of, 37; alfc^- 
tion of nuniher of members for, 37 ; powers of, ua to 
borrowing money, 48. 



166 Index. 

School board in Oxford, 75. 

School board in united school district, constitution of, 41 ; 
election of, 41. 

School children, fees of, 13 : remission of, 13. 

School district, what is a, 5, 79 ; formation of, united, 38, 
40 ; conditions as to, 39 ; may be made contributory, 
42 ; election of members of, 43 ; combination of, 44. 

School endowments, application of, when small, 65. 

School fees, payment of, by school board, 24. 

School fund, what receipts shall be carried to, 44 ; deficiency 
in, how to be provided for, 44 ; apportionment of, in 
united and contributory districts, 46 ; expenses of mem> 
bers of school board in default to be paid out of, 56. 

School house, definition of, 3 ; sale or lease of, 20. 

School premises, recovery of possession of, 70. 

School Sites Acts, incorporation of, 19 ; citation of, 91. 

School teachers, tenure of office of, 70. 

Schoolmaster, tenure of office of, 70. 

Schoolmistress, tenure of office of, 70. 

Schools, supply of, for district, 5; religious instruction in, 
when to be given, 6; conditions on which parliamentary 
grant may be made to, 7; inspection of tiiem, 7; scho- 
lars not to be examined in matters relating to religion, 7 ; 
requisition of education department to school board to 
provide, 9 ; how if boai-d make default, 9 ; management 
of, by school boards, 1 1 ; maintenance of by school board , 
13; discontinuance of, 13 ; change of site of, 13 ; transfer 
of by managers to school bofird, 20; re-transfer of, 23; 
establishment of free, 25 ; enforcement of attendance of 
children at, 32; attendance of children at, 61 ; byelaws 
as to, 62. 

Seal, school boards to have a common, 28. 

Service of notices, C9. 

Site of schools, change of, 13. 

Sites for schools, purchase of, 14. 

Small parishes, union of for school purposes, 42. 

Small school endowments, application of, 65. 

Sunday school, attendance at, not to be compulsory, 6. 

Supply of schools for district, 5; proceedings for, 7, 10. 

Supply of school accommodation by school boards in metro- 
polis, 36. 

Teachers, definition of, 3. 

Teachers, appointment of, by school boards, 31. 
Teachers ret'usin<; tu make returns as to school accommoda- 
tion, how in such case, 59. 
Teacher, tenure of office of, 70. 
Time table as to religious instruction, 6. 
Title of Act, 1. 
Transfer of schools by managers to school board, 20. 



Index. 167 

Treasurer of school board, appointment of, 31. 
Treating at election of school boards, penalty, 72. 

Undue influence at election of school boards, penalty, 72. 

Union of small parishes for school purposes, 42. 

United school districts, formation of, 38, 40; conditions as 

to, 39 ; dissolution of, 40 ; constitution of school board 

in, 41 ; election of, 41 ; apportionment of school fund 

in, 46. 
Unlawful entries in accounts of school board, penalty for 

making, 53. 

Vacancies in school board, not to invalidate proceedings, 28. 

Vacating office by member of school board, 83. 

Valuation lists, production of, 68. 

Vestry, definition of, 4. 

Vice ciiairman, appointment of, by school board, 88. 

Voluntary schools, inspection of, 66. 

Voters, penalty for personation of, 71. 

Voting at elections of school boards, 27 ; in the metroptolis, 

34, 36. 
Voting papers, penalty for forging or fakifying, 72. 

Withdrawing scholars from religious observances or instruc- 
tion, 7. 



LonttcD : Priiitt;d by Shaw U Sons, Fetter Lane. 



I. 



Works published by Sliarv and Sons, Fetter Lane. 



GAME LAWSi — Paterson's Game Laws of the United Klngdoni, 
C(rni)ri6ing; the whole of the Law on the 'iubject. By James 
laierson, Esq., M.A., Barnster-at-Law. 8s. Cloth. 

TITHE TABLE Si— Pvne's Tithe Rentcharge Tables for 1846, 47, 
48.49, 50, 01, 5-2, 53,54, 55, 56. 57. 58. 59, 6(). 61. 62,63.64,65, 
06. 67. 08.— Is. each. By H. Pyne, Esq., of the Tithe Office. 

POOR LAW CASES.— Paterson's Abridgment of Poor Law Cases 
from 20 Vict. c. 19, to 26 & 27 Vict. c. 125 (1837 to 1863), 
in continuation of Mr. Archbold's Abridgment. By James 
Patersou, Esq.. Barrister-at-Law. Cloth, os. 

THE VACCINATION ACT OF 1867, wi.h Introduc- 

tion, I^iotes, and Appendix. By A. C. Bauke, Esq., of the 
Poor Law Board. Is. 6d. cloth. 

NUISANCEi — Keane's Nuisances Removal and Diseases Prevcn- 
tiou Acts. ByD.D.Keane,fi3q. Q C, Barrister-at-Law. Sixth 
Edition, 5s. 

FRIENDLY SOCIETIES— Tidd Pratt's Law of Friemlly Socie- 
ties, with all the Cases. By W. Tidd Pratt, Esq , Barrister- 
at-Law. Sixth Edition, 5s. 

JUSTICE OF THE PEACE.— Supplement to the Sixth Edition 
of Archbold's (Vol^,^c2), comprising the Law of Summary 
Convictions and (jfrdei^ l"Bja, lu 'Uie^gid of th e Session 1862. 
By James Patersdu^^^ Barrj[sJ^Ah|f^v^ f'iAi^.,£Mh. 

HIGHWAY ACTSj lllg2r& l^S^4 ^th e xplanatory J^tro^uctioD 
and Notes. By l\^; 'pwston,j^sq., Leicester. yC/o^A 
3s. 6d. 

READYRECKONE R,-\ G^peral ^f j Reckom 
ting Union Expenditur^a^gd 
Hotson. Esq., District . 

SHAW'S POOR RATE \K8:C(nHfK>T«LES, shewing 

the Gross Amount of Ra^V apKi^JJ*t^mour.ts with the 
Discounts deducted, under Vh^i^OT^Rate Assessment and 
Collection Act, 1869, from lAto 2|JK the Pound. 2s. 6d. 

iUSTICE OF THE PEAC l^-^iiJl^XA'^ Justice of the Peace, 
and Parish Officer. By J. F. Archbold, Esq., Barrister-at- 
Law. Sixth Edition. Vols. 1, 2, 3, and 4 complete, cloth. 
£4 105. 

LANDLORD AND TEN ANT.-The Law of Landlord and Ten- 
ant. By J. F. Archbold, Esq., Barrister-at-Law. 7'hird 
Edition, cloth, 14s. 

POOR L AW.— Archbold's Poor Law. By J. F. Archbold, Esq., 
Barrister-at-Law. Eleventh Edition, 30s. cloth. 

JERVIS' ACTS.— Jervis's Justice of the Peace Acts, 11 & II 
Victoria, cc. 42, 43, 44. By W. C. Glen. Esq. 83. doth. 

THE PRISON ACT. 1865, with an Appendix of 23 other statutes 
in force. By W. C. Glen, Esq., Barrister-at-Law. us. cloth. 

LU N A C Yi — Archbold's New Lunacy Acts, with Notes, Index, and 
Ca->e3. Bv J. F. .\rc'iihoI'i, Esq., Barri&'.cr-at-Law. I5s. cloth. 

VILLIERS' UNION CHARGEABILITY ACTj ^865, with an 

Introduction and Commentary ; also the Practice of Poor 
Removals, adapted to the Removal of Union Poor. By 
W. C. Glen, Esq., Bairister-at-Law. Second Edition, 4s. 



PLEASE DO NOT REMOVE 
CARDS OR SLIPS FROM THIS POCKET 

UNIVERSITY OF TORONTO LIBRARY 



W. C. Glen, c-sm-. 



Wct'ks published by Sham and Sons, Fetter J^ane. 



HE UNION ASSESSMENT COMMITTEE ACTS, 1862, 

1864, witli a Coraiaentary and Notes. By VV. G. Lumley, Esq., 
Bariister-at-Law, Assistant Secretary olthe Poor LawBoard. 
Chif/t. 3s. Gd. Ninth Edition. 
AROGHIAL ASS ESS ME NT.-Lumley's Law of Parochial As- 
sessnieiits. G & 7 Wm. 4, c. 96, and the Union Assessment 
Committee Acts, 1862 & 1S64. By W. G. Lumley, Esq., 
Barrister-at-Law. Si:ith Edition, 6s. 6d. cloth. 

\l POOR RATE ASSESSMENT AND COLLECTION ACT, 

1869; logether \viili the Sunday and Ragge i Schools (Exemp- 
tion from Rating) Act, 1869 ; and the L^nions Loans Act, 1869, 
with Introduction, Notes, and Index. By W. Cunningham 
Glen, Barrifter-at-Law, and of the Poor Law Board. 
Cloth, -Js. 6d. 
J R V E Y R Si— Nash's Practical Guide to Surveyors of High- 
ways, By F. W. Nash, Esq. Fifth Edition, 2s, 6d. 
IRISH LAWi — Shaws' Parish Law, comprising the whole of the 
present Law relating to Parishes and Parish Officers. By J. 
Paterson, Esq., Barristcr-at-Law. Fourth Edition. iOs. cloth. 
JUNTY COURTS.— Archbold's County Courts Practice. By 
J. F. Archl)id, Esq., Barrisfcr-at-Law. S'venth Edition, 
12s. cloth. 

ILLSi — Eagle's Practical Instructions for making Wills. By 
W, C. Glen, Esq. Second Edition, 2s. 6d. 

STRESS FOR RENT.— BuUen's Practical Treatise on the 

Law of Distress for Rent. Bv E. Bullen, Esq. 9s. 
I LICE OFFICER AND CONSTABLE.-Suo^den's Police 
Officers and Constables Guide, and Magistrate's Assistant. By 
W. C. Glen, Esq., Barrister-at-Law. Sixth Edition. 10s. cloth. 

EGTIONS-— The Practice at Elections of Members of Parlia- 
ment. By Charles Wordsworth, Esq., Q. C. Brought down 
to October, 1868, by W. C. Glen, Esq., Barrister-at-Law. 
C/oih. 3s. 6d. 

E BURIAL BOARD ACTS lor England and Wales, with 
the Regulations of the Secretary of State, and Copious Notes 
of decided cases upon the construction of the Acts, and also 
the Law relating to the Burial of the Dead. By W. Cunning- 
ham Glen, Barrister-at-Law, and of the Poor Law Board. 
Second Edition ,6s., boa rds. 

OR LAW ELECTIONi— Lumley's Poor Law Election Manual. 
By W. G. Lumley, Esq., Barrister-at-Law. Third Edition. 

I 5s. cloth. 

> Churchwarden's Assistant. By J. N. Spellen, Esq. Is. 
; Constable's Guide and Director „ „ Is. 

> Overseer's Assistant „ „ „ Is. 
; Surveyor's Assistant „ „ „ Is. 

! Vestry Clerk and Parish Lawyer „ 3s. 6d. 

E JUSTICE OF THE PEACE, edited by C. J. B. Hertslet, 
Esq., Barristcr-at-Law, H. T. Cole, Esq., Q.C., and J 
Paterson, Esq., Barrister-at-Law. Published every Saturday, 
price 5d.; stamped, 6d, — Subscription, £1 6s. 6d., stamped, per 

' Annum. — Forwardrd to all parts of the Country, and may 
be had of every Newovendor. — Established over 30 years.