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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.
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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.
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